Mc Alester City Zoning Code

ARTICLE IV

ZONING DISTRICTS AND DISTRICT REGULATIONS5

Footnotes:

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State Law reference— Districts and district regulations authorized, 11 O.S. § 43-102.

Sec. 62-217. - Districts established.

For the purpose of this article and the promotion of public health, safety and general welfare of the community, the following districts are hereby established and shall be designated as follows:

(1)

Residential:

R-1A single-family district (rural subdivision).

R-1B single-family district.

R-1C existing single-family district.

R-2 two-family dwelling district.

R-3 multiple-family dwelling district.

(2)

Commercial:

C-1 office district.

C-2 neighborhood convenience district.

C-3 general commercial district (central business).

C-4 restricted commercial district.

C-5 highway commercial/recreation district.

(3)

PUD: Planned unit development district.

(4)

Industrial:

I-I light industrial district.

I-2 heavy industrial district.

(5)

Health/Medical: H-1 health facilities district.

(6)

Agricultural: A-1 agricultural district.

(7)

Floodplain: F-O flood hazard overlay.

Specific district regulations are set forth in this division and division 2 of this article.

(Code 1993, § 62-176; Ord. No. 1843, § 1(art. II, § 1.2), 2-14-1989)

Sec. 62-218. - Official zoning map.

(a)

As districts are designated, they shall be bounded and defined as shown on a map entitled "Zoning Map of the City of McAlester, Pittsburg County, State of Oklahoma." The zoning map, dated January 1981 or as hereafter amended and all of the explanatory materials thereon, is hereby made a part of this article.

(b)

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

(c)

The official zoning map shall be identified by the signature of the mayor, attested to by the clerk, and shall bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City of McAlester," together with the date of February 14, 1989.

(d)

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

(e)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article, and in keeping with the language of the ordinance.

(f)

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

(g)

If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions, the council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor and attested to by the clerk and shall bear the seal of the city under the following words: "This is to certify that this official zoning map has been adopted (date of adoption of map being replaced)."

(Code 1993, § 62-177; Ord. No. 1843, § 1(art. II, §§ 1.1, 1.3, 1.4), 2-14-1989)

Sec. 62-219. - Annexation.

All territory annexed to the corporate limits of the city subsequent to February 14, 1989, is within the jurisdiction of this article, and will, upon annexation, be zoned as R-1A single-family residential district, unless otherwise classified by the city council. Within six months after the effective date of such annexation, the city council shall in accordance with 11 O.S. §§ 43-101—45-104 and this article, rezone the annexed territory in keeping with the comprehensive plan.

(Code 1993, § 62-178; Ord. No. 1843, § 1(art. IV, § 14), 2-14-1989)

Sec. 62-220. - Vacation of public easements.

Whenever any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classification of vacated land.

(Code 1993, § 62-179; Ord. No. 1843, § 1(art. IV, § 16, art. VII, § 6), 2-14-1989)

Sec. 62-221. - Application of regulation to uses of more restricted district.

(a)

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

(b)

It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes.

(Code 1993, § 62-180; Ord. No. 1843, § 1(art. IV, § 1), 2-14-1989)

Sec. 62-222. - Existing buildings and land use.

Except as herewith provided, no building or parcel of land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified.

(Code 1993, § 62-181; Ord. No. 1843, § 1(art. IV, § 2), 2-14-1989)

Sec. 62-223. - Height and density.

No building shall hereafter be erected or altered which will exceed the height limit nor shall any building or land be used or occupied hereafter in excess of the density regulations for that district; no building shall hereafter be erected or altered to accommodate a greater number of families than those specified for that district; no building shall be erected or altered to exceed the specification of required lot size, maximum coverage, yard requirements, height limitations, or bulk limitation for that district as defined.

(Code 1993, § 62-182; Ord. No. 1843, § 1(art. IV, § 3), 2-14-1989)

Sec. 62-255. - R-1A single-family residential district (rural subdivision district).

(a)

General description. This is the most restrictive residential district. The principal use of land is for single-family dwellings 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 necessary 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.

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages or part of the main building.

(4)

Elementary, junior or senior high school; or other schools offering general education courses as generally offered in public schools, provided they have major street frontage as shown on the major street plan.

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public building and public utilities, in conjunction with one of the other permitted uses, and subject to screening requirements in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

Cottage house developments, provided they meet the development regulations in section 62-274(d). Cottage house developments are subject to the lot and building regulations that apply to detached houses in the subject zoning district, except as expressly modified by the cottage house development regulations.

(d)

Area regulations. The following requirements shall apply to all permitted uses. All lots shall comply with the specific lot definition and specific yard (front, side, rear) definition found in section 62-1.

(1)

Minimum lot area. Minimum lot area will be two acres, except as specifically required for churches (i.e., maximum percentage of possible building coverage, plus required off-street parking for that maximum building coverage, equals the minimum lot area required).

(2)

Minimum lot frontageat the front building line. Minimum lot frontage at the front building line will be 100 feet for residential and 200 feet for all others.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots.

Not more than 30 percent of the lot area on corner lots.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot.

(4)

Maximum height. Maximum height will be 35 feet or 2.5 stories, provided that the height regulations set out in section 62-187 are not broached.

(5)

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

The minimum depth of the front yard shall be 30 feet for residential buildings, and 50 feet for all other buildings.

If 25 percent 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 of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback already so established by the existing buildings. This regulation shall not require a front yard of greater depth than 40 feet.

(6)

Side yard setback. The following requirements shall apply:

For buildings of more than one story, the minimum width of the side yard on all lots shall not be less than ten feet.

For dwelling and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street not less than 15 feet in case such lot is back-to-back with another corner lot, and 30 feet in every other case.

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

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 section and the off-street parking areas required in article VI of this chapter.

(7)

Rear yard setbacks. Rear yard setbacks shall be 20 feet or 20 percent of the lot depth.

(Code 1993, § 62-196; Ord. No. 1843, § 1(art. V, § 1), 2-14-1989; Ord. No. 2677, § 1, 4-14-2020)

Sec. 62-256. - R-1B single-family residential district.

(a)

General description. The R-1B single-family residential district is established as a district in which the use of land is for single-family dwellings, yet providing for a somewhat higher density with basic restrictions similar to the R-1A single-family residential district. The development and continued use of this land for residential dwellings is encouraged and the encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of this district as residential is prohibited. Any use which would generate traffic or create congestion on neighborhood streets other than normal traffic which serves the residences on the street is discouraged. Encouraged are those uses, which, because of character or size, would not create additional requirements and costs for public services, which are in excess of such requirements and costs if the district were developed solely for residential dwellings.

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(4)

Elementary, junior or senior high school; or other schools, provided they have major street frontage as shown on the major street plan.

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state/federal agency.

(7)

Bed and breakfast. For the purposes of these regulations on bed and breakfasts, the term "bed and breakfast" shall be defined as a use carried on in a structure designed for single-family occupancy which provides to the general public overnight accommodations and breakfast. Such use shall be permitted after review, subject to the following conditions:

Operator or host family must reside on the premises.

Bed and breakfast home may not have more than five units or host more than ten overnight guests at one time.

Guests must be within principal structure. Detached buildings and/or garage apartments may not be converted to guest quarters.

Provide one parking space per guest quarters plus two parking spaces per single-family dwelling unit. Parking requirements are not intended to destroy landscaping or damage the integrity of the dwelling; therefore, the planning commission may alter the parking space requirements if it is determined that sufficient parking can be provided to service the bed and breakfast.

Signs. One nonilluminated freestanding or wall-mounted sign not more than six square feet may be located on the site. Sign design, color and location shall not detract from the neighborhood and be in harmony with the neighborhood. The word "hotel" or "motel" shall not be allowed on sign. Any lighting for sign must be general or indirect lighting.

Guest may be provided breakfast by the host, but no other meal may be served. There will be no cooking in guest rooms.

(8)

(d)

(1)

Minimum lot area. The following requirements shall apply:

Minimum will be 4,500 square feet, except as specifically shown for churches; i.e., maximum percentage of possible building coverage, plus required off-street parking for that maximum building coverage, equals the minimum lot area required. No dwelling or use shall be constructed or commenced in an R-1B district which does not conform to the minimum lot size requirements.

For churches and main and accessory buildings (other than dwellings and buildings accessory to dwellings), the lot areas must be adequate to provide yard areas required by this section, plus the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The following requirements shall apply:

At the front building line, the frontage will be 50 feet.

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

The frontage of any wedge-shaped lot which meets the requirements of minimum lot size, may be a minimum of 45 feet at the street line.

A minimum lot width of 200 feet at the front building line for all churches, main and accessory buildings (other than dwellings and buildings accessory to dwellings), will be required.

(3)

Maximum percentage of coverage. Maximum by all buildings shall not be greater than 35 percent.

(4)

Maximum height. Maximum height will be no greater than 35 feet.

(5)

Front yard setback. Front yard setback will be no less than 25 feet from the street right-of-way line.

(6)

Side yard setback. The following requirements shall apply:

For dwellings of one story located on interior lots there shall be a side yard on each side of the main building of no less than five feet for dwellings of more than one story, except as provided in section 62-188. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than four feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

For dwelling and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street side property line no less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

Churches and main and accessory buildings (other than dwellings and buildings accessory to dwellings) shall set back from all exterior and interior side lot lines a distance of no less than 30 feet.

(7)

Rear yard setback. The following requirements shall apply:

Rear yard setback will be no less than 20 feet.

For buildings more than two stories in height, the minimum rear yard required hereby shall be increased by five feet for each additional story or fraction thereof.

There shall be a rear yard for a main building of no less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

(Code 1993, § 62-197; Ord. No. 1843, § 1(art. V, §§ 2.1—2.4), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 2, 4-14-2020)

Sec. 62-257. - R-1C existing single-family residential district.

(a)

General description. This is the least restrictive single-family residential district which is in a transition from residential to commercial. This district is designed as commercial or industrial on the comprehensive plan, but is not quite ready for commercial or industrial development. These R-1C districts shall consist of each and all of the single-family dwellings which were existing in the districts designated as commercial or industrial as the zoning ordinance came to be approved in July 1968.

(b)

(1)

Once a dwelling is removed from a lot in this R-1C district, or the use of such structure or property ceases to be that of residential, the property shall have a zoning classification as designated on the zoning map of the city. Such property shall not be used for residential purposes again unless the property owner follows outlined procedures for amendment to the official zoning map and obtains proper approval.

(2)

Note: Previously conforming dwelling units destroyed by fire or any act of God may be rebuilt, provided that all aspects of the R-1B area regulations are met.

(Code 1993, § 62-198; Ord. No. 1843, § 1(art. V, § 2.5), 2-14-1989)

Sec. 62-258. - R-2 two-family dwelling (duplex) district.

(a)

General description. This is a residential district to provide for a slightly higher population density, but with basic restrictions similar to the R-1A and R-1B districts. The principal use of land is for single-family 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 necessary 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.

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings.

(3)

Public parks or playgrounds.

(4)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(5)

(6)

Home occupations, as defined and regulated by this article.

(7)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(6)

Child or day care homes, only as defined in section 62-1.

(7)

Bed and breakfast. (Regulations as outlined in section 62-256(c)(7).)

(8)

(d)

Area regulations.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

For each single-family dwelling and accessory building, there shall be a lot area of no less than 4,500 square feet.

For each two-family dwelling (duplex) and accessory building, there shall be a lot area of no less than 8,000 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 cases, a garage apartment shall be provided with the same lot area required by a single-family dwelling.

Where a lot has less area than herein required, and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this article is derived, that lot may be used for any use permitted in the R-1A and R-1B single-family districts, except churches.

For churches and main and accessory buildings (other than dwellings and buildings accessory to dwellings), the lot areas shall be adequate to provide the yard areas required in the R-1B district under churches and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The following requirements shall apply:

For single-family dwellings, or single-family dwellings and garage apartments, there shall be a minimum lot width of no less than 60 feet at the front building line. The lot shall abut on a street for a distance no less than 35 feet.

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on a street for a distance of no less than 45 feet.

All other uses shall have a minimum lot width of no less than 200 feet.

(3)

Maximum percentage of coverage. The following requirements apply:

Main and accessory buildings shall not cover more than 30 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187.

(5)

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

The minimum depth of the front yard shall be 25 feet for residential uses. All other uses shall have a minimum depth of the front yard of 50 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of any greater depth than 40 feet.

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

(6)

Side yard setback. The following requirements apply:

Interior.

For dwellings of one story, located on interior lots, there shall be a side yard on each side of the main building of no less than five feet. For dwellings of more than one story, and for garage apartments, except as heretofore provided in section 62-186, the setback shall be no less than eight feet.

For unattached buildings of accessory use, there shall be a side yard of no less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line, when all parts of the accessory building are located no more than 50 feet from the rear property line.

Corner. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of no less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings as for an interior lot.

Church. Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of no less than 25 feet.

(7)

Rear yard setback. The following requirements apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard of a main building.

(Code 1993, § 62-199; Ord. No. 1843, § 1(art. V, § 3), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 3, 4-14-2020)

Sec. 62-259. - R-3 multiple-family dwelling district.

(a)

General description. This is a residential district designed to provide for medium and high population density. The principal use of land can range from single-family 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.

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings, including garage apartments.

(3)

Roominghouses or boardinghouses.

(4)

Multiple-family dwellings, including condominiums, townhouses or apartments.

(5)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(6)

(7)

Public parks or playgrounds.

(8)

Home occupations, as defined and regulated by this article.

(9)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Library, provided it has major street frontage, as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(7)

Child/day care homes as defined in section 62-1.

(8)

Mobile home/trailer court, allowed only if found to be in compliance with the requirements in subsection (e) of this section.

(9)

(d)

Area regulations. The following requirements shall apply to all permitted uses. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

There shall be a lot area of not less than 4,500 square feet for a single-family dwelling, no less than 8,000 square feet for a two-family dwelling, and no less than 8,000 square feet plus an additional area of no less than 2,000 square feet for each family that is more than two, occupying a dwelling.

There shall be a lot area of no less than 8,000 square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide no less than 2,000 square feet more than is required for the two-family or multiple-family dwelling.

Where a lot has less area than herein required, and all boundary lines of that lot touch lands under other ownership on February 14, 1989, that lot may be used for any use, except churches, permitted in the R-1A and R-1A single-family dwelling district.

For churches and main and accessory buildings, other than dwellings and building accessory to dwellings, the lot areas shall be adequate to provide the yard areas required in the R-1B district under churches and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The following requirements apply:

For single-family dwellings, or single-family dwellings and garage apartments, there shall be a minimum lot width of no less than 50 feet at the front building line. The lot shall abut on an open street a distance of no less than 35 feet.

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on an open street a distance of no less than 45 feet.

Multiple-family residential uses shall have a minimum lot width of 60 feet, plus an additional ten feet at the building line for each additional dwelling unit other than two. The lot width at the front building line shall not be required to be greater than 200 feet.

All other nonresidential allowed uses shall have a minimum lot width of not less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 50 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187. There is no limit on multiple-family dwellings.

(5)

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

The minimum depth of the residential front yard shall be 25 feet. All other allowed uses shall be 35 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback already so established by the existing buildings. This regulation shall not require a front yard of greater depth than 40 feet.

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

(6)

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

Interior.

For dwellings located on an interior lot, a side yard of no less than five feet shall be provided on both sides of the main dwelling for the first story, and an additional three feet of side yard shall be provided for each additional story or part thereof.

For unattached buildings of accessory use, there shall be a side yard of no less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

Corner. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street right-of-way line of no less than 15 feet, in case the lot is back-to-back with another corner lot; and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

Church. Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(7)

Rear yard setback. For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

(e)

Specific mobile home (trailer) court regulations. The following requirements shall apply:

(1)

The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.

(2)

The proposed site shall be a minimum of 2.5 acres in size and shall contain no more than 12 mobile home stands per acre. The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the major street plan. All access or egress by automobile will be on such streets. The proposed site shall be a minimum of 200 feet in depth.

(3)

It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than ten percent of the mobile home stands devoted to purely transient purposes. These purely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.

(4)

The proposed site shall have a front yard of not less than 20 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet from any solid fencing, screen planting or wall of six feet in height.

(5)

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height, or a screen planting which will attain at least a six-foot to eight-foot height at maturity.

(6)

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

(7)

The proposed site shall provide a connection for each mobile home stand to all public utilities (i.e., water, sewer, and other facilities necessary for the health, safety and general welfare of the public).

(8)

All public utilities shall be underground in all courts.

(9)

Trailer courts shall be planned in such a manner that no trailer, or related building, shall be located any closer than 15 feet to any side lot line.

(Code 1993, § 62-200; Ord. No. 1843, § 1(art. V, § 4), 2-14-1989; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 4, 4-14-2020)

Sec. 62-260. - C-1 office district.

(a)

General description. This 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 for in other commercial areas.

(b)

Uses permitted. Property/buildings in an office commercial district shall be used only for the following purposes:

(1)

Barbershop and/or beauty shop.

Business college.

Cleaning/dyeing works.

Fraternal organizations.

Independent living options (retirement centers/elderly complexes).

Lodge halls.

Medical and/or dental clinics.

Museums.

Music conservatory.

Pharmacy.

Professional offices.

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

(2)

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises.

(3)

Accessory buildings and uses customarily incidental to the above uses.

(4)

Any building used for any of the above enumerated uses may not have more than 40 percent 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 subsections (b)(1) through (3) of this section shall be stored or displayed outside of a building.

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in subsection (d)(1) of this section.

(c)

Uses permitted after review (UPAR). The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 63-187: child care centers (with stipulations). Any child care center authorized under this UPAR shall comply with the following provisions:

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

The child care center shall provide a minimum indoor space available for child care, of no less than 35 square feet per child exclusive of hallways, bathrooms, kitchen and space occupied by furniture not intended for children's use.

(3)

The child care center shall provide a minimum outdoor space of 75 feet per child which shall be enclosed by an opaque ornamental fence not less than 42 inches in height or said fencing shall be in accordance with the appropriate screening requirements of the particular zoning district. This area must be hazard free and keep children away from traffic, water and other dangers.

(4)

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and reinspections may occur during the licensing pe riod. The interior and exterior of all buildings shall comply with the city building codes.

(5)

The child care center shall be operated in a manner that will not adversely affect property and other uses in the area. Parking for the leaving and picking up of children shall be required, so as not to interfere with the normal flow of traffic. Off-street hard surface parking areas shall be required.

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The following requirements apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 63-187 and section 63-189.

(5)

Front yard setback. The following requirements apply: All buildings shall set back from the street right-of-way line to provide a front yard setback of no less than 25 feet in depth.

(6)

Side yard setback. The following requirements apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each one foot of height, or 35 feet.

On a side of a lot adjoining the same commercial district only, there shall be no side yard setback required.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of side setback and rear setback for each two feet of height above 35 feet).

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases:

Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of rear setback and side yard setback for each two feet of height above 35 feet).

(e)

Screening requirements.

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as the screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall no less than five feet high and no more than eight feet high. It shall be maintained in good condition along said lot line. The materials used in the construction of the screening shall be greatly compatible with the same materials used in the construction of the structure itself. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-201; Ord. No. 1843, § 1(art. V, § 5), 2-14-1989; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-261. - C-2 neighborhood convenience district.

(a)

General description. This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the suburban convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions and restrictions:

(1)

Any of the following uses shall be permitted:

Artist supplies and hobby shop.

Bakery shop.

Barbershop and beauty shop.

Bookstore.

Cleaning and dyeing works.

Clothing and wearing apparel shop.

Drugstore.

Financial institution.

Florist shop.

Gift shop.

Grocery store.

Jewelry store.

Laundry and dry cleaning pickup station.

Liquor store.

Medical and dental clinics.

Motor fuel sales only (not intended for service station operations).

Pharmacy.

Professional offices (not including animal clinics/hospitals, and only in specified zones).

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

Self-service laundries.

Shoe repair shop.

Stockbroker.

Variety store.

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review (UPAR). The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Child care centers (with stipulations). Any child care center authorized under this UPAR shall comply with the following provisions:

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

The child care center shall provide a minimum indoor space available for child care, of no less than 35 square feet per child exclusive of hallways, bathrooms, kitchen, and space occupied by furniture not intended for children's use.

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and reinspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(2)

Multi-family residential (with stipulations). Any authorized use shall comply with all standards and provisions of the zoning district, unless specifically allowed by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

Conditions of multi-family residential for approval.

Screening. All required sight-proof fencing or sight-proof landscaping shall be shown on the site plan submitted for a building permit and certificate of occupancy. Sight-proof fencing shall be between six and eight feet in height, attractive and well-maintained, and permanently anchored to the ground by a base situated or located entirely upon its subject property. Sight-proof landscaping shall be a minimum of six feet in height, consisting of evergreen vegetation or landscaped earthen berms, and sufficient to screen from view the property or structure from the abutting properties. Trash and recycling dumpsters shall be located to the side or rear of the principal building and shall be screened on all four sides by sight-proof fencing eight feet in height with a metal gate. In the event the development adjoins single family residential district, no trash or recycling dumpsters shall be located within 50 feet of the adjoining property. Sight-proof screening shall be required when the property abuts any residential or agricultural zoning district. The owner of the higher intensity property shall be responsible for building and maintaining the required screening on the property line dividing the property from the lower intensity district. Where property is required to have sight-proof screening, no use of the property or conversion of use shall be made until the owner or occupant has erected sight-proof screening in conformance with the requirements herein.

Landscaping. Landscaping plan shall be required as part of the site plan submitted for a building permit and certificate of occupancy. Perimeter landscaping with a minimum width of five feet shall be adjacent to all streets with at least one shade tree for every 40 feet of frontage but not in conflict with utilities. Internal landscaping for a development area containing ten or more parking spaces shall be provided with ten square feet of landscaping, and one shade tree or two ornamental trees, for each parking space or fraction thereof. All landscaped areas shall be protected by a raised six-inch concrete curb with opening to allow for the drainage of stormwater into the landscaped areas.

Lighting. All lighting shall be arranged with down-light, indirect, diffused or shielded lighting fixtures so that glare will be reduced, directed or reflected away from adjacent properties and boundary streets and shall only occur during hours of use. Parking areas shall be sufficiently illuminated to ensure the visibility of pedestrians and the safe movement of traffic within the site.

Parking. No off-street parking or loading space shall be closer than 20 feet to any lot line abutting a residential district. Off-street parking areas may not be located between the principal building and the street. The number of spaces provided shall not be less than 1.5 times the number of units in the dwelling.

Area regulations. The site shall front or have direct access to a street meeting minimum design standard. Minimum lot frontage shall be 50 feet. There shall be no minimum lot coverage or maximum building height. No building shall be located closer than 20 feet to any lot abutting any single-family residential district.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

It is intended that the grouping of buildings and parking areas be designated to protect, insofar as possible, adjacent residential areas. In no case shall the design of any shopping area provide less than the following standards.

(2)

Minimum lot frontage. The following requirements shall apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements shall apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide a front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases: Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall, no less than five feet high and no more than eight feet high. It shall be maintained in good condition along the lot line. The materials used in the construction of the screening shall be greatly compatible with the same materials used in the construction of the structure itself. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Bulk limitations; floor area ratio. In no instance shall the total floor space of the structures in a C-2 district exceed the relationship of one to one (i.e., there must be provided one square foot of open space to each square foot of floor space in the structure).

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-202; Ord. No. 1843, § 1(art. V, § 6), 2-14-1989; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-262. - C-3 general commercial district.

(a)

General description. This commercial district is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the central business district, or areas of mixed business enterprises. It will not normally be applied in the case of any new commercial areas.

(b)

Uses permitted. Property and buildings in a C-3 general commercial district may be used for the following purposes:

(1)

Artist supplies and hobby shop.

Auditorium.

Bakery.

Bank.

Barbershops and beauty shops.

Bookstore.

Business college.

Bus terminal.

Child care centers (provided stipulations in section 62-261(c) are met).

Cleaning and dyeing works.

Clothing and apparel stores.

Commercial school or hall.

Communications.

Dance hall.

Department store.

Electrical repair shop.

Financial institutions.

Florist shop.

Fraternal organizations.

Frozen food locker.

Furniture store; repair and/or upholstery.

Funeral parlor or mortuary.

General offices.

Gift shop.

Grocery.

Hotel.

aa.

Interior decorating store.

bb.

Jewelry store.

cc.

Key shop.

dd.

Laundry/drycleaning pickup stations.

ee.

Leather goods shop.

ff.

Liquor store.

gg.

Lodge halls.

hh.

Medical/dental clinics/facilities.

ii.

Messenger and telegraph service.

jj.

Motel and motor inns.

kk.

Motor fuel sales only (not intended for service station or mechanic operations).

ll.

Museums.

mm.

Music conservatory.

nn.

Music, radio or television shop/repair.

oo.

Nightclub.

pp.

Nursery or garden supply store.

qq.

Office supply.

rr.

Pawn shop.

ss.

Pet shop (not including veterinarian clinic/hospital).

tt.

Pharmacy.

uu.

Printing and stationery store.

vv.

Professional offices.

ww.

Research laboratories.

xx.

Restaurant.

yy.

Self-service laundry.

zz.

Sewing machine repair.

aaa.

Shoe repair shop.

bbb.

Sign printing shop.

ccc.

Sporting goods store.

ddd.

Stock and bond broker.

eee.

Tavern.

fff.

Telephone and telegraph offices.

ggg.

Theatre.

hhh.

Toy store.

iii.

Variety store.

jjj.

Youth recreation center.

(2)

Any public buildings or uses, including fire stations, community buildings, utility buildings, libraries or municipal buildings.

(3)

Accessory buildings, structures and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

New and/or used automobile sales and/or service.

(2)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

There are no minimum lot area requirements.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. There are no minimum lot frontage requirements.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 90 percent of the lot area.

(4)

Maximum height. There are no maximum height requirements.

(5)

Front yard setback. There are no front yard setback requirements; provided, however, that if and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback. There are no side yard setback requirements; provided, however, that if and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

Rear yard setback. There are no rear yard setback requirements in this district, except where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall no less than five feet high and no more than eight feet high. It shall be maintained in good condition along said lot line. The materials used in the construction of said screening shall be greatly compatible with the same materials used in the construction of the structure itself. Great care should also be exercised to provide for aesthetic compatibility of any adjacent businesses in the district. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-203; Ord. No. 1843, § 1(art. V, § 7), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-263. - C-4 restricted commercial district.

(a)

General description. This commercial district is established for a high grade restricted commercial district removed from the central business district, along a thoroughfare, provided with adequate open space and parking.

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the conditions and restrictions enumerated below. It is intended that the grouping of buildings and parking areas be designed, insofar as possible, next to adjacent residential areas. In no case shall the permitted uses provide less than the standards outlined within.

(1)

Artist supplies and hobby shop.

Bakery.

Barbershop and beauty shop.

Bookstore.

Business college.

Car wash.

Child care center (with stipulations as shown).

Cleaning and dyeing works.

Clothing and wearing apparel shops.

Dairy products store.

Delicatessen.

Department store.

Drugstore.

Financial institutions.

Florist shop.

Fraternal organizations.

Funeral parlor/mortuary.

Gasoline or filling station.

General offices.

Gift shop.

Grocery store.

Hardware store.

Health spa.

Independent living options (retirement centers/elderly complexes).

Jewelry store.

Key shop.

aa.

Lawn mower repair shop.

bb.

Laundry/dry cleaners pickup stations.

cc.

Liquor store.

dd.

Lodge halls.

ee.

Medical/dental clinics.

ff.

Museums.

gg.

Music conservatory.

hh.

New and used automobile sales and/or service.

ii.

Pet stores.

jj.

Professional offices.

kk.

Restaurants.

ll.

Retail furniture store.

mm.

Self-service laundry.

nn.

Sign printing shop.

oo.

Shoe repair shop.

pp.

Small engine repair.

qq.

Sporting goods store.

rr.

Stockbroker.

ss.

Tailor shop.

tt.

Variety store.

uu.

Veterinarian clinic.

vv.

Ambulance operations, office and garage (no mechanical work).

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Any public buildings or uses, including fire stations, community buildings, utility buildings, library, auditorium or municipal building.

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

Multiple-family residential high intensity: A development with at least nine dwelling units attached in a single structure in any vertical or horizontal arrangement. Typical uses include high density and high-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-4 (restricted commercial district) shall not be less than 50,000 square feet.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback: The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback: The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases: Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, rear yard, or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and said adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall no less than five feet high and no more than eight feet high. It shall be maintained in good condition along the lot line. The materials used in the construction of the screening shall be greatly compatible with the same materials used in the construction of the structure itself. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Bulk limitations; floor area ratio. In no instance shall the total floor space of the structure in a C-4 district exceed the relationship of one to one (i.e., there must be provided one square foot of open space to each square foot of floor space in the structure).

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-204; Ord. No. 1843, § 1(art. V, § 8), 2-14-1989; Ord. No. 2080, § 1, 3-24-1998; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021)

Sec. 62-264. - C-5 highway commercial and commercial recreation district.

(a)

General description. This general commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which may serve the entire community but do not and should not locate in the central business district or the neighborhood convenience district.

(b)

Uses permitted.

(1)

Any use permitted in the C-1, C-2, C-3 or C-4 commercial districts.

(2)

Additional uses include:

Ambulance service, office and garage.

Amusement enterprises.

Automobile service station.

Boat sales.

Bowling alleys.

Building material store, retail and wholesale.

Bus terminal.

Drive-in theatre or restaurant, standard theatre.

Feed and fuel store.

Food stores.

Frozen food locker.

Furniture repair and upholstery.

Garden centers/stores.

Golf course, miniature or practice range.

Heating/plumbing sales and service.

Humane Society animal shelter.

Ice plant.

Key shop.

Kennels.

Motels or motor inns.

New and/or used automobile/truck sales and/or service.

New and used machinery sales and service.

Nightclubs.

Novelty shop.

Pawnshop.

Recreation center, private.

aa.

Research laboratories.

bb.

Roller skating rink.

cc.

Storage warehouse.

dd.

Tavern.

ee.

Travel trailer park and sales.

ff.

Veterinarian clinic and/or hospital.

gg.

Wholesale distributing center.

(3)

Buildings, structures, and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.

(4)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration or traffic than those above.

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(6)

Mobile home courts, in compliance with the following requirements:

The proposed site shall be a minimum of 2.5 acres in size and shall contain no more than 15 mobile home stands per acre. The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the major street plan. All access or egress by automobile will be on such streets. The proposed site shall be a minimum of 200 feet in depth.

The proposed site shall have a front yard of not less than 20 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet solid fencing, screen planting or wall of six feet in height.

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

The proposed site shall provide a connection for each mobile home stand to all public utilities, i.e., sewer, water, and other facilities necessary for the health, safety, and general welfare of the public.

(7)

Multi-family residential, in compliance with the following requirements.

Multi-family dwellings are subject to the lot and building regulations of the zoning district, except as otherwise expressly modified by the supplementary regulations of this section.

Façade. The front façade of new multi-family structures may not exceed 120 feet in width.

Screening. Trash and recycling dumpsters shall be located to the side or rear of the principal building and shall be screened on all four sides by sight-proof fencing six (6) feet in height with a metal gate. If the subject property abuts any residential zoned district or agricultural zoned district there shall be sight-proof screening eight (8) feet in height between the site and the residential zoned district or agricultural zoned district. Any fences, hedges, walls, access gates, or similar structures shall not be erected in a manner which will obstruct visibility or otherwise interfere with the proper flow of traffic. The distances and heights must be installed and maintained so as not to create a sight obstruction of a public way.

Landscaping. Perimeter landscaping with a minimum width of five (5) feet shall be adjacent to all streets with at least one (1) shade tree for every forty (40) feet of frontage but not in conflict with utilities. In addition to all perimeter landscaping, per each one thousand five hundred (1,500) square feet of parking, there shall be at least twenty-five (25) square feet of landscaping of either one (1) shade tree or (2) ornamental trees. All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas.

Point of access to public way. Provisions must be made for stacking and transition of incoming vehicular traffic from a public way into the subject property to maintain clear and safe path for vehicles, bicyclists, and pedestrians. A minimum stacking distance of sixty (60) feet from the property line to any gates, barriers, or guardhouses shall be provided

Parking. No off-street parking or loading space shall be closer than twenty (20) feet to any lot line abutting a residential district. The number of spaces provided shall not be less than 1.5 times the number of units.

Area regulations. The site shall front or have direct access to a street meeting minimum design standard. Minimum lot frontage shall be fifty (50) feet. There shall be no minimum lot coverage. There shall be a maximum building height of forty (40) feet. No building shall be located closer than twenty (20) feet to any abutting single-family residential district.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129: None.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 10,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

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 in the R-1B district under churches and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 70 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement for this district.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 50 feet to provide front yard setback.

(6)

Side yard setback. On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following case: Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle intersection clearance requirements.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-205; Ord. No. 1843, § 1(art. V, § 9), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023; Ord. No. 2819, § 1, 8-27-2024)

Sec. 62-265. - Planned unit development.

(a)

Planned unit development shall be permitted when, in the opinion of the planning commission, the following objectives are achieved:

(1)

To promote a flexible but unitary site development plan for residential development.

(2)

To permit a clustering of dwelling units at appropriate gross densities for the preservation of existing landscape features and to promote the most efficient possible use of open space.

(3)

To combine and coordinate building forms and building relationships within the planned unit developments.

(4)

To encourage innovative development of smaller parcels of land that have been passed over.

(5)

To ensure a quality of construction and public improvements commensurate with other quality development within the city.

(6)

To provide a choice in the types of ownership, and community facilities available to existing and potential residents.

(7)

To give the developer reasonable assurance of ultimate approval before investing in complete design development while providing the city with assurances that the project will retain the character envisioned at the time of approval.

(b)

The minimum area required to qualify for a planned unit development shall be one contiguous acre of land.

(c)

Planned unit development shall be subject to the following area regulations:

Requirements*	R-1B district	R-2 district	R-3 district	C-1 district
Individual lot, square feet	3,250	3,250	1,500	1,500
Minimum area in PUD per individual platted lot, square feet	6,000	4,000	1,500	1,500
Lot width, minimum, feet	20	20	20	20
Yards, minimum	None	None	None	None
Floor area ratio, maximum
PUD	0.30	0.30	0.40	0.80
Individual lot	0.40	0.50	0.60	1.20
Maximum coverage of individual lot, percent	40	40	50	50

* These requirements apply to interior yards of a planned unit development only. All perimeter yards (yards that abut property not included in the development plat) are subject to area regulations of the base zoning district.

_____

(d)

Before being placed on the planning commission agenda, the proposed planned unit development shall be reviewed by the planning department no less than 30 days prior to the date of the planning commission meeting. Such a review, or preapplication conference, shall be for the purpose of informing the city of the development concept and to familiarize the developer with the planned unit development process. At the conference, the developer shall submit a concept plan that clearly shows the following:

(1)

The general outlines of the interior roadway system and all existing rights-of-way and easements.

(2)

The general extent, size and composition in terms of the total number of dwelling units and the approximate percentage allocation by dwelling unit type.

(3)

A calculation of the residential density in dwelling units per gross acre including interior roadways.

(4)

The interior open space system.

(5)

Proposed treatment of the perimeter of the PUD.

(e)

The review by the planning department will include written comments to the applicant no later than two weeks after the preapplication conference. Planning department review will concern the following elements in the order that they are presented below:

(1)

The design must first provide for certain external factors of communitywide concern. This includes adherence to the general plan in relationship to major streets, designated open spaces, parkways and major drainage channels.

(2)

The proposal shall meet the objectives as expressed in subsection (a) of this section.

(3)

The design must be properly related to proposed and existing land uses of adjacent properties.

(4)

The design shall give proper attention to internal detailing, including layout of streets, lots, and blocks that, at a minimum, reflect urban design principles of the city subdivision regulations.

(f)

The following materials shall be submitted with an application for a use permissible on review:

(1)

Site development plan and supporting maps.

The existing site conditions including contours at two-foot intervals, floodplains, watercourse, and existing vegetation.

Proposed lot lines and building lines.

The location and maximum floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, density and types of dwelling units.

Existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.

A general landscape plan indicating the treatment of materials used for private and common open spaces.

Proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences and walls.

(2)

Written documents.

A statement of specific planning objectives to be achieved by the planned unit development through the approach proposed by the applicant. Staff recommendations will, in part, reflect whether or not the proposed design effectively meets the stated planning objectives.

Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structure; total amount of open space; and total amount of nonresidential construction.

(3)

Preliminary plat. The preliminary plat shall, at a minimum, incorporate urban design principles, and shall be presented separate from the required site development plan and supporting maps.

(g)

All plats and building plans submitted subsequent to the approval of a PUD shall be in substantial conformity to the approved site development plan. A plat or building plan shall be deemed in substantial compliance so long as the plat or plan does not involve a change of one or more of the following:

(1)

Violate any provision of this article.

(2)

Vary any lot area as indicated on the preliminary plat by more than ten percent.

(3)

Increase the ground area covered by buildings on any lot as depicted by the site development plan by more than five percent.

(4)

Realign any street, sidewalk, or bicycle path.

(5)

Change the location of any building or structure by more than ten feet in any direction.

(h)

Preliminary plats and approved site development plans for planned unit development shall become null and void if no final plat has been submitted for approval within 12 months after the date of enactment by the city council of the request for the use permissible on review.

(i)

If no development has occurred pursuant to the adopted final plat within 12 months after approval, the approved site development plan shall become null and void and approval of a new site development plan shall be required.

(Code 1993, § 62-206; Ord. No. 1843, § 1(art. V, § 10), 2-14-1989)

State Law reference— Planned unit developments, 11 O.S. § 43-110 et seq.

Sec. 62-266. - I-1 light industrial district.

(a)

General description. The purpose of the I-1 light industrial district is to provide a location for industries which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other objectionable influences created in this district, it is necessary to provide a buffer or setback area between this district and any other zoning district except I-2.

(b)

Uses permitted.

(1)

Bottling works.

(2)

Building materials manufacturing, storage, distribution and pole yards.

(3)

Commercial trade and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.

(4)

Compounding, processing and blending chemical products, but not including any materials which decompose by detonation.

(5)

Dairy products, products and distribution.

(6)

General and administrative offices incidental to permitted uses.

(7)

Machine shops and metal products manufacture and tool and dye shops, provided they do not include any of the following equipment: automatic screw machines, drop forges or riveting machines.

(8)

Mail order houses.

(9)

Manufacturing and assembling (or any combination of such processes), products from wood, cork, glass, leather, fur, plastic, felt and other textiles, but not including, as a principal operation, the processing of any raw materials.

(10)

Manufacturing and assembling electrical and electronic products and equipment.

(11)

Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing or testing any of the following materials, goods or merchandise: apparel clothing, jewelry, or optical goods.

(12)

Printing and binding plants.

(13)

Public utility distribution centers.

(14)

Research laboratories.

(15)

Warehouses and storage facilities.

(16)

Water filtration plants, pumping stations, reservoirs, and lift stations.

(17)

Any other manufacturing process or establishment which can operate in compliance with the aforementioned requirements.

(18)

Accessory uses incidental to and on the same zoning lots as a principal use.

(19)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

Required development standards.

(1)

No building shall be used for residential purposes except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except as incidental to or accessory to or associated with a permitted use.

(3)

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary line of the I-1 district.

(4)

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.

(5)

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.

(6)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(7)

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(8)

Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.

(9)

No storage, manufacture or assembly of goods shall be conducted outside of a building unless the nearest point of said activity is more than 200 feet from the boundary of any nonindustrial use district, and unless such storage shall be so screened by ornamental fencing or evergreen planting so that it cannot be seen by a person standing on ground level in the adjacent district; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times.

(10)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

Uses permitted after review (UPAR). The following use may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129: child care centers (with stipulations). Any child care center authorized under the UPAR shall comply with the following provisions:

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

The child care center shall provide a minimum indoor space available for child care of no less than 35 square feet per child, exclusive of hallways, bathrooms, kitchens and space occupied by furniture not intended for children's use.

(3)

The child care center shall provide a minimum outdoor space of 75 feet per child which shall be enclosed by an opaque ornamental fence not less than 42 inches in height, or the fencing shall be in accordance with the appropriate screening requirements of the particular zoning district. This area must be hazard-free and keep children away from traffic, water and other dangers.

(4)

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and other inspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

(5)

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current minimum lot area requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There are no current maximum height requirements.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

Parking requirements. Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards; public utility buildings; contractor's equipment and lumber yards; research laboratories; business service establishments, such as blueprinting and printing and engraving; binding, publishing and issuing newspapers or other reading matter; soft drink bottling establishments; laundry and dry cleaning plants; fabricating plants; and all other structures devoted to similar mercantile or industrial pursuits and not otherwise specifically classified shall be provided with two parking spaces for each three employees or one space for each 500 square feet of floor space, whichever requires the greater number of spaces.

(Code 1993, § 62-207; Ord. No. 1843, § 1(art. V, § 11), 2-14-1989; Ord. No. 1876, § 1, 2-25-1992; Ord. No. 2580, § 1(62-207), 10-11-2016)

Sec. 62-267. - I-2 heavy industrial district.

(a)

General description. The purpose of the I-2 heavy industrial district is to provide a location for industries, which, by their nature, may create nuisances. The intent is to preserve this land especially for industry, in locations with access to major streets as designated on the major street plan, as well as locations generally accessible to railroad transportation. Because of the nuisances or other objectionable influences that may be created in this district, it is necessary to provide a buffer or setback strip between this district and other zoning districts, except I-1.

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions or restrictions:

(1)

Any use permitted in the I-1 light industrial district, including:

Automobile wrecking and junkyards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight feet in height.

Blacksmiths, tinsmiths and sheet metal shops.

Bulk fuel sales and storage.

Canning or preserving factories.

Coal storage plants.

Heavy machinery rental, sales and service.

Machine/welding shops.

(2)

Manufacturing, fabricating, assembling, repairing, storing, cleaning, servicing or testing any of the following materials, goods or merchandise:

Beverages (nonalcoholic), processing and bottling.

Building materials specialties.

Compounding or processing, blending, packaging or storing of chemical products, but not including any products which decompose by detonation.

Cosmetics and toiletries.

Drugs and pharmaceutical products.

Electrical and acoustic products and components.

Food products (except fish, sauerkraut, vinegar and yeast).

Furniture.

Glass products.

Ice, dry and natural.

Medical laboratory supplies, equipment and specialties.

Metal products and utensils.

Musical instruments.

Paper products, including boxes and containers.

Radio, phonograph recorder and television sets and parts.

Textiles.

Toys and children's vehicles.

Trailers and carts.

Wood products, including boxes and containers.

(3)

Monument stone cutting.

(4)

Motor freight terminals.

(5)

Pattern shops.

(6)

Printing plants.

(7)

Processing of meat and vegetable products, including animal slaughter.

(8)

Soldering and welding shops.

(9)

Sign painting.

(10)

Spray painting and mixing.

(11)

Railroad yards and switching areas, including loading and sleeping facilities for transient railroad labor.

(12)

Any other industrial use provided it meets the standards in subsection (c) of this section.

(13)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

Required development standards. Any use constructed, established, altered, or enlarged in the I-2 heavy industrial district after February 14, 1989, shall be so operated as to comply with the following standards. No use already established on February 14, 1989, shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 heavy industrial district.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No storage, manufacture, or assembly of goods shall be conducted outside of a building unless the nearest point of said activity is more than 200 feet from the boundary of any nonindustrial use district, and unless such storage shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in the adjacent district; provided, however, that screening shall not be required in excess of seven feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times.

(3)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(4)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water, and merchandise, shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odorous, glare, heat, fire or explosive hazards.

(5)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

Uses permitted after review. No current uses are listed as requiring review.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current lot area minimum requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

Parking requirements. Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards; public utility buildings; contractor's equipment and lumber yards; research laboratories; business service establishments, such as blueprinting and printing and engraving; binding, publishing and issuing newspapers or other reading matter; soft drink bottling establishments; laundry and dry cleaning plants; fabricating plants; and all other structures devoted to similar mercantile or industrial pursuits and not otherwise specifically classified shall be provided with two parking spaces for each 500 square feet of floor space, whichever requires the greater number of spaces.

(Code 1993, § 62-208; Ord. No. 1843, § 1(art. V, § 12), 2-14-1989; Ord. No. 2580, § 1(62-208), 10-11-2016)

Sec. 62-268. - H-1 health facilities district.

(a)

General description. The purpose of the H-1 health facilities district shall be to provide a separate location exclusively for medical and health facilities and related uses thereof.

(b)

Uses permitted. Property and buildings located in an H-1 health facilities district shall be used only for the following purposes:

(1)

Dependent life care facilities (convalescent; nursing; rest homes).

(2)

Hospital.

(3)

Public health center.

(4)

Sanatorium.

(5)

Accessory buildings and uses customarily incidental to the above uses.

(c)

Uses permitted after review. Supporting facilities, necessary in conjunction with the existing health facility, may be permitted only after review by the city planning commission, as follows:

(1)

Ambulance service.

(2)

Artificial limbs and braces; sales and service.

(3)

Barbershop and beauty shop.

(4)

Dental laboratory or supply house.

(5)

Drugstores.

(6)

Hotel and motel.

(7)

Medical clinic or dental clinic.

(8)

Orthopedic appliance sales.

(9)

Pharmacy.

(10)

Restaurant.

(11)

Nameplate or sign relating only to the use of the store and premises, or to products sold on the premises.

(12)

Accessory buildings and uses customarily incidental to the above uses.

Any building used primarily for the above enumerated uses shall not have more than 40 percent of the floor area devoted to purposes incidental to the primary use. Stores, shops and businesses permitted under this section shall be retail establishments exclusively and shall be conducted entirely within an enclosed building.

(d)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. Minimum lot area for an H-1 health facilities district shall not be less than 50,000 square feet.

(2)

Minimum lot frontage. There are no current requirements for minimum lot frontage.

(3)

Maximum percentage coverage. The following requirements shall apply:

No more than 40 percent of floor space may be devoted to incidental uses.

There are no current other maximum coverage percentage requirements.

(4)

Maximum height. There shall be no limit, except as heretofore provided in sections 62-187 and 62-189; and with the exception of one foot of setback per each two feet of height above 25 feet for the front, side and rear yards.

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another health facilities district zoned lot, the side yard setback shall be no less than one foot setback for each one foot in height.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements except as follows: Where a health facility building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof, of not less than 20 feet.

(e)

Parking requirements. The following requirements shall apply:

(1)

Hospitals shall be provided with one parking space for each three patient beds, exclusive of bassinets, plus one space for each professional staff member, plus one space for each two employees (including nurses), plus adequate off-street space for loading and unloading emergency vehicles.

(2)

Convalescent or nursing homes, sanitariums, asylums, orphanages and all other similar institutions shall be provided with one parking space for each six patient beds, plus one space for each staff or visiting doctor, plus one space for each two employees, including nurses, plus adequate off-street space for loading and unloading emergency vehicles.

(Code 1993, § 62-209; Ord. No. 1843, § 1(art. V, § 13), 2-14-1989)

Sec. 62-269. - A-1 agricultural district.

(a)

General description. The A-1 agricultural district shall be established for several purposes: to provide for the continued use of land for predominantly agricultural purposes; to preserve undeveloped areas until they can feasibly be developed at urban standards but with adequate public safeguards of health, safety, etc.

(b)

Uses permitted. No buildings or uses hereafter shall be established or enlarged within the A-1 agricultural district, except as a building or use devoted to one of the following purposes:

(1)

Agriculture, as defined in this article.

(2)

Single-family dwellings.

(3)

Churches and temples.

(4)

Elementary schools and high schools.

(5)

Golf courses, but not including golf driving ranges, pitch and putt courses or miniature golf courses.

(6)

Parks and forest preserves, operated not-for-profit.

(7)

Temporary buildings and uses for construction purposes only, and not for dwelling purposes nor for a period that exceeds the completion of the construction.

(8)

Accessory buildings or uses incidental to the foregoing principal uses.

(9)

Municipal or community recreation centers.

(10)

Police or fire stations.

(11)

Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries or museums.

(12)

Public or not-for-profit auditoriums, stadiums, arenas, armories or sanitoriums.

(13)

Public or private schools or colleges.

(14)

Public utility and service uses, including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities, subject to screening provisions in section 62-307.

(c)

Uses permitted after review. No current uses are listed as requiring review.

(d)

Area regulations. The following requirement shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than two acres.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Maximum height. No buildings shall exceed 2.5 stories or 35 feet in height, except as provided in sections 62-187 and 62-189.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 60 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

Corner. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 30 feet in case such lot fronts the same as its adjacent lot.

Interior. The interior side yard setback shall be no less than 20 feet.

Other. The side yard setback shall be no less than 60 feet in every other case.

(7)

Rear yard setback. The following requirements shall apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard.

(Code 1993, § 62-210; Ord. No. 1843, § 1(art. V, § 14), 2-14-1989)

Sec. 62-270. - Specific district regulations.

(a)

General provisions. This section establishes specific regulations which have limited application within the city in order to ensure additional considerations for areas of special interest, development sensitivity or particular value.

(b)

Intent and purpose. The purposes of this section are to:

(1)

Provide a framework for the creation of special regulations.

(2)

Provide categorization of all special regulations which may be adopted as a result of the enabling legislation provided herein.

(3)

Provide guidelines for the application of all special regulations created to ensure conformity with the objectives of good planning and zoning practices.

(c)

Application. Special regulations may be adopted within this article and applied to designated areas within the city when the planning commission and city council find conditions or purposes within such areas merit special consideration in order to protect the health, safety and general welfare.

(d)

Special area regulations. Modification or changes to the regulations specified within the special regulations shall be subject to the provisions of the amendment procedure for the city zoning ordinance contained in section 62-129.

(Code 1993, § 62-211; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-271. - Wyandotte Avenue corridor development.

(a)

Creation. There is hereby created the Wyandotte Avenue corridor development ("WA").

(b)

Purpose. The planning commission and city council find conditions and purposes within the Wyandotte Avenue corridor that merit special consideration in order to protect the health, safety, and general welfare of the city. It shall be the purpose of these regulations to provide guidelines for the application of special regulations created to ensure conformity with the objectives of good planning and zoning practices. Further, by adoption of these regulations the city council makes specific findings that special regulations are necessary to secure safety from fire, panic, traffic and other dangers, and for the protection of the public from overcrowding of land, to avoid undue concentration of population, to promote a more homogeneous relationship and transition between land uses, to protect property values and to regulate the use of land in accordance with the comprehensive plan. The provisions of the Wyandotte Avenue corridor development district are further intended to protect and stabilize adjacent areas, provide safe and efficient traffic flows, and promote the efficient use of urban land and previous public investments.

(c)

General provisions and description. The WA district and its regulations may be applied to property located within 1.5 blocks either side of Wyandotte Avenue (north and south) between Sixth Street and Strong Boulevard. More particularly, this area as described in the following platted blocks of the original plat of the city:

(1)

Lots south of the East/West alley in blocks 399, 400, 401, 402 and 403.

(2)

All of blocks 420, 421, 422, 423, 424, 449, 450, 451, 452 and 453.

(3)

The north half of blocks 470, 471, 472, 473 and 474.

The WA district and its regulations may be applied to the described properties even though, and at the same time, the property is under the regulations of the R-1B, single-family residential district, and C-3, general commercial district. The WA district is intended to be an overlay zoning district and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject property(ies) when developed in the underlying property zoning classifications.

(d)

Zoning districts allowed. The following zoning district developments may be constructed without review:

(1)

R-1B and R-2 zoning districts.

(2)

Zoning districts allowed on portions of the WA district having frontage on Wyandotte Avenue: R-1B, R-2, C-1, C-2, C-3, and C-4.

The authorization of the underlying zoning districts shall be upon approval by the planning commission and the city council in accordance with the procedures for authorizing uses permitted after review in section 62-129. The provisions of the underlying R-1B, R-2, C-1, C-2, C-3 and C-4 zoning districts may be modified by the further stipulations of the WA development district.

(e)

Access allowance.

(1)

Land not having frontage on Wyandotte Avenue. The residentially zoned lots and land not having frontage on Wyandotte Avenue shall have individual access to the public streets and alleys upon which they border as elsewhere provided in the zoning ordinance and any other applicable regulations of the city.

(2)

Land having frontage on Wyandotte Avenue. In accordance with the purpose of the WA district, provisions are made for access to lots and land having frontage onto Wyandotte Avenue, as follows: All lots developed as C-1, C-2, C-3 or C-4 shall have access designed to eliminate cross lane movement in either direction.

(f)

Request for closure of streets. The closure of north/south streets may contribute to order in the traffic movements on Wyandotte Avenue through the lessening of the number of points of turning movements. To accomplish these purposes of the WA district either the city may close north/south streets in the WA district either permanently or temporarily. Such street closings may be accomplished at the request of private parties, or the planning commission after they have made a study of the traffic land use and other merits. In any closing of such streets, which shall involve a vacation of right-of-way the city may reserve an easement for various public purposes.

(g)

Landscaping requirements. The landscaping requirements as outlined in this land development code are intended to be a part of the development plan for any commercial district proposed and shall be a part of the site plan as submitted for uses permitted after review.

(Code 1993, § 62-212; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-272. - Wade Watts corridor development.

(a)

Creation. There is hereby created the Wade Watts Avenue corridor development district ("WW district").

(b)

Purpose. The planning commission and city council find conditions and purposes within the Wade Watts Avenue corridor that merit special consideration in order to protect the health, safety, and general welfare of the city. It shall be the purpose of these regulations to provide guidelines for the application of a special regulation created to ensure conformity with objectives of good planning and zoning practices. Further, by adoption of these regulations the city council makes specific findings that special regulations are necessary to secure safety from fire, panic, traffic and other dangers and for the protection of the public from overcrowding of land, to avoid undue concentration of population, to promote a more homogeneous relationship and transition between land uses, to protect property values and to regulate the use of land in accordance with the comprehensive plan. The provisions of the Wade Watts Avenue corridor development district are further intended to protect and stabilize adjacent areas, provide safe and efficient traffic flows, and promote the efficient use of urban land and previous public investments.

(c)

General provisions and descriptions. The WW district and its regulations may be applied to property located within one block north of Wade Watts Avenue and one block south of Wade Watts Avenue between Strong Boulevard and George Nigh Expressway (Highway 69) except that lots south of the east/west alley in Blocks 454, 455 and 456 are excluded. More particularly, this area as described in the following platted blocks of the original plat of the city: all of Blocks 412, 413, 414, 415, 416, 417, 418, 419, 457, 458, 459, 460 and 461; and lots north of the east/west alley in Blocks 454, 455 and 456. The WW district and its regulations may be applied to the described properties even though, and at the same time, the property is under the regulations of the R-1B (single-family residential) district, C-2 (neighborhood convenience commercial) district and C-5 (highway commercial and commercial recreation) district.

(d)

Uses permitted.

(1)

R-1B single-family residential when the underlying zoning is R-1B;

(2)

C-2 neighborhood convenience commercial when the underlying zoning is C-2;

(3)

C-5 highway commercial and commercial recreation when the underlying zoning is C-5.

(e)

Uses permitted after review.

(1)

Barbershop and/or beauty shop;

Medical and/or dental clinics;

Pharmacy;

Professional offices;

Public uses;

Financial institution;

Florist/gift shops;

Grocery store;

Motor fuel sales only (no service station);

Variety store;

Pet shop (not including veterinarian clinics);

Restaurant;

Self-service and/or full-service laundry;

Car wash;

Funeral facilities;

Carpet and floor covering sales, retail;

Any other small to medium sized commercial establishment consistent with the list of this subsection (e)(1) that provides shopping and service outlets for the convenience of the neighboring residential areas.

(2)

Accessory buildings or uses customarily incidental to the allowed uses.

(3)

Any public building or use.

(4)

Churches, provided they have major street frontage as shown on the major street plan and meets requirement for off-street parking.

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition and definition found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this WW district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 75 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be 2.5 stories.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from the street right-of-way lines not less than 25 feet.

When motor fuel is sold in this district, fuel pumps shall be no closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard. The following requirements shall apply:

On any side, the lot adjoining a residential district, the side yard shall be a minimum of ten feet.

On any side that is adjoining this district or another commercial district there shall be no side yard setback required.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

Exterior standards/visual appeal. This development area has as its goal to promote a visual appealing environment. To accomplish this goal the following objectives are established and shall apply to all structures:

(1)

(2)

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

(3)

To develop signage that compliments to visual appeal of this district.

(h)

Access allowance.

(1)

Land not having frontage on Wade Watts Avenue. The residentially zoned lots and land not having frontage on Wade Watts Avenue shall have individual access to the public streets and alleys upon which they border as elsewhere provided in the zoning ordinance and any other applicable regulations of the city.

(2)

Land having frontage on Wade Watts Avenue. In accordance with the purpose of the Wade Watts Avenue district, provisions are made for access to lots and land having frontage onto Wade Watts Avenue, as follows: The entrance and exit shall be so designed to discourage cross traffic on Wade Watts Avenue.

(i)

Landscaping and screening.

(1)

Purpose. To provide a visually appealing and ecologically sound district and ensure the purpose of the WW corridor is accomplished.

(2)

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed materials.

(3)

Buffer. A landscape buffer will be provided between Wade Watts Avenue and all parking. The buffer shall be a minimum of four feet wide with grass and/or shrubs. All corner lots will maintain a 30-foot site triangle with no plant over two feet in height.

(4)

Screening. Screening shall be required between any development that abuts any existing residential structure. The screen shall be constructed in such a way to be compatible with the proposed development and the abutting residential. Screening shall also be required to screen dumpsters and other trash receptacles from public streets and adjoining residential properties.

(Code 1993, § 62-213; Ord. No. 2195, § 1, 6-28-2005; Ord. No. 2218, § 1, 12-13-2005; Ord. No. 2350, § 1, 3-9-2010; Ord. No. 2586, § 1, 11-8-2016)

Sec. 62-273. - Downtown and Old Town loft apartment overlay district.

(a)

Creation. There is hereby created the Downtown and Old Town loft apartment overlay district ("loft district").

(b)

Purpose. The planning commission and city council find conditions and purposes within the Downtown and Old Town loft apartment overlay district that merit special consideration in order to protect the health, safety, and general welfare of the city. It shall be the purpose of these regulations to provide guidelines for the application of a special regulation created to assure conformity with objectives of good planning and zoning practices.

(1)

Further, by adoption of these regulations the city council makes specific findings pursuant to chapter 34: Existing Structures of the 2009 International Building Code and this chapter that special regulations are necessary to secure safety from fire, panic, traffic and other dangers and for the protection of the public from overcrowding of land, to avoid undue concentration of population, to promote a more homogeneous relationship and transition between land uses, to protect property values and to regulate the use of land in accordance with the comprehensive plan.

(2)

The provisions of the Downtown and Old Town loft apartment overlay district are further intended to protect and stabilize adjacent areas, provide safe and efficient traffic flows, and promote the efficient use of urban land and previous public investments.

(c)

General provisions and descriptions. The loft district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

The Downtown loft district area includes the area defined by: West side of Main Street from Chickasaw to Carl Albert, North side of Carl Albert from Main Street to 5th Street, East side of 5th Street to Choctaw, South side of Choctaw from 5th Street to 3rd Street, East side of 3rd Street from Choctaw to Chickasaw, South side of Chickasaw from 3rd Street to West side of Main Street.

(2)

Old Town loft district area includes the area defined by: East and west side of Main Street from 2600 North Main to the south side of East Smith Avenue.

(3)

More particularly, this area as described: The Downtown loft district area includes the following platted lots and blocks of the original plat of the city:

Lots south of the east/west alley in blocks 318, 319 and 321 and lots 5, 6 and 7 in block 320.

Lots 4 and 5 in block 344; lots 1 through 7 in block 345; lots 7 through 11 in block 346; and all of blocks 347, 348, 349, 350, 359, 360, 361, 362, and 363.

All of blocks 378, 379 and 380, lots 1, 2, and 3 in block 393; lots 1, 2, S1, S2, S3, S4, B1, B2, B3, and B4 in block 394; and lots 1, 2, 3, and 4 in block 395.

(4)

The Old Town loft district area includes the following platted lots and blocks in North McAlester: Lots 9, 10, 11, 12, and 13 in block 101; lots 7, 8, 9, 10, and 11 in block 85A; and lots 13, 14, 15, 16, 17, 18, 19, 20 and 21 in block 118A; and lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 in block 119.

(5)

The loft district regulations and permitted uses may be applied to the above-described properties even though, and at the same time, the property is under the regulations of the C-3, general commercial district (R-3, multiple-family dwelling district for lots 4 and 5 in block 348).

(6)

The loft district is intended to be an overlay zoning district and the regulations imposed by such district shall be in addition to the regulations and permitted uses of the underlying zoning district applicable to the subject property when developed in the underlying property zoning classifications.

(d)

Uses permitted.

(1)

C-3, general commercial district;

(2)

R-3, multiple-family dwelling district for lots 4 and 5 in block 348 only; and

(3)

Single-family, two-family and multiple-family residential dwellings on the upper stories of existing buildings.

(e)

Uses permitted after review. Single-family, two-family and multiple-family residential dwellings on the ground floor or basement of existing buildings are allowed as a use permitted after review. The procedure for authorizing the uses permitted after review are set forth in section 62-129.

(Ord. No. 2529, § 1, 2-10-2015)

Sec. 62-274. - Cottage house development overlay district.

(a)

Creation. There is hereby created the cottage house development overlay district ("cottage district").

(b)

Purpose. The planning commission and city council find conditions and purposes within the cottage house development overlay district that merit special consideration in order to protect the health, safety, and general welfare of the city. The cottage house development regulations of this zoning code are intended to provide opportunities for individual ownership of small houses oriented around a courtyard or common open area and to promote the variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs. The cottage house development regulations support the growth management goal of more efficient use of residential land that encourages creation of more useable space for residents of the development through flexibility in density and lot standards. Cottage house developments are subject to the lot and building regulations that apply to detached houses in the subject zoning district, except as expressly modified by the cottage house development regulations of this section. It shall be the purpose of these regulations to provide guidelines for the application of a special regulation created to assure conformity with objectives of good planning and zoning practices.

(c)

General provisions and descriptions. The cottage district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

West side of A Street to east side of West Street from south side of Cherokee Avenue to Kiowa Avenue, west side of Elm Street to east side of West Street from north side of Seneca Avenue to Kiowa Avenue.

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

All of blocks 433, 434, 435, 436, 437, 438, 439, 440, 441, 481A, 481B, 482, 483, 484, 523, 525, 526, 527, 528, 529, 530, 531, 533, 534, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 612, 613, 614, 615, 616 and 617, all in south McAlester.

Lots 3, 4, 5, 6, 7, and 8 in block 432; lots 2, 3, 4, 5, 6, 7, 8, and 9 in block 442; lots 1, 2, 3, 4, and 5 in block 485; lots 1, 3, 4, 5, and 6 in block 524; and lots 1, 2, 3, 4, 5, 6, 8, 9, and 10 in block 532, all in south McAlester.

The cottage district regulations and permitted uses may be applied to the above-described properties even though, and at the same time, the property is under the regulations of the R-1B single-family residential district or R-2 two-family residential district.

The cottage district is intended to be an overlay zoning district and its regulations may be applied to the described properties even though, and at the same time, the property is under the regulations and permitted uses of the underlying zoning district applicable to the subject property when developed in the underlying property zoning classifications.

(d)

Development standards. A cottage house is a detached, single-family dwelling unit containing a maximum first floor area of 1,500 square feet and a maximum dwelling size of 2,100 square feet of gross floor area. A site plan for the proposed cottage house development shall be reviewed and found by the planning department to be in compliance with all applicable requirements of this section and this zoning code prior to the issuance of building permits for new construction within the development.

(1)

Orientation. Cottage houses must be oriented to, and have a main entry onto a courtyard or common open space area that is accessible by all residents in the cottage house development, provided that cottage houses on lots abutting minor streets must have their front building elevation facing the street, including a building entrance, with a second entrance facing a courtyard or common open space area.

Required courtyards and common open space areas must have cottage houses abutting on at least two sides.

All cottage houses must be located within 75 feet walking distance of a required courtyard or common open space area.

(2)

Development size. Cottage house developments must contain at least four and no more than ten houses arranged around at least two sides of a courtyard or common open space, located on no less than one-half acre. The minimum lot area and use intensity requirements and the maximum percentage of coverage requirements that apply to detached houses in the subject zoning district are not required.

(3)

Common elements. A unified, contiguous courtyard or common open space must be provided as the focal point of the cottage house development. The courtyard or common open space area must contain at least 250 square feet of common open space per cottage house.

(4)

Building setbacks. All buildings within a cottage house development must comply with the minimum building setbacks from the exterior boundary of the development as follows:

Front yard setback will be no less than 25 feet from the street right-of-way line.

Side yard setback will be no less than five feet on interior lots and no less than 25 feet from the street right-of-way-line for corner lots.

No rear yard setback is required from an alley right-of-way line.

(5)

Building separation. Minimum fire separation distances for exterior wall elements allowed by the adopted building code may be used where fire-sprinkler or minimum fire-rated exterior wall improvements have been made. In all other cases, buildings within a cottage house development must be separated by a minimum distance of ten feet.

(6)

Building coverage. Individual cottage houses are subject to a maximum first floor area of 1,500 square feet and a maximum dwelling size of 2,100 square feet. Attached garages are counted in the calculation of first floor area, but covered porches and detached accessory buildings are not counted.

(7)

Vehicular access and parking. Vehicular access to parking areas serving cottage houses within the development may come from the street, an alley or a private drive.

Required parking may be provided on each cottage house lot or in a shared parking area located within commonly owned space or in a combination of the two. Parking may not be located in street yards or in the required courtyard or common open space area.

Common parking areas containing four or more spaces must be screened from view of abutting residentially zoned lots in accordance with the screening fence or wall standards of section 62-459.

(8)

Street-facing facades. The facades of buildings facing the street contribute to the neighborhood by including attractive design details such as windows, front doors and porches, siding and trim. All street facing facades of dwellings shall avoid blank walls and include a covered porch of at least 60 square feet, with a minimum dimension of six feet on any side, and one more of the following:

Windows, including bay windows;

Dormers;

Changes in exterior siding material or paint color.

(9)

Screening requirements. Boundaries between cottage dwellings and neighboring properties shall be screened with landscaping or fence not to exceed 36 inches in height to reduce the appearance of bulk or intrusion onto adjacent properties. Screening shall also be required to screen dumpsters and other trash receptacles from public streets and adjoining residential properties. Reasonable passageways within the screening may be allowed to encourage connections between parks, schools, and adjoining neighborhoods.

(10)

Maintenance. The applicant shall prove to the city that there will be a suitable legally-binding system in place, such as a homeowner association agreements, to ensure proper maintenance and funding of shared facilities, such as shared parking areas, common open spaces, drives, alleys, and other improvements.

(Ord. No. 2614, § 1, 1-9-2018; Ord. No. 2677, § 5, 4-14-2020)

Sec. 62-275. - Medical development overlay district.

(a)

Creation. There is hereby created the medical overlay district ("medical district").

(b)

Purpose. The planning commission and city council find conditions and purposes within the medical district corridor that merit special consideration in order to protect the health, safety, and general welfare of the city. The purpose of the medical district overlay is to allow for the concentration of medical facilities and related limited commercial and retail uses and a mix of complementary uses around the hospital in a campus like setting to enable the provision of a wide range of medical services to enhance the public's health, safety and general welfare.

(c)

General provisions and descriptions. The district and its regulations may be applied to the following:

(1)

Property adjoining East Monroe Avenue from North 8th Street to North Strong Boulevard, East College Avenue from North Strong Boulevard to North 12th Street, North Strong Boulevard from East Monroe Avenue and/or East College Avenue to North Fillmore Avenue.

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

All of Blocks 62, 63, 106, 107, 112, 113, 153, 154, 159, 200, 206, 207, 208, 209, 210, and 211, all in South McAlester;

Lots north of the east/west alley in Blocks 243, 244, 246, and 247, all in South McAlester; and

Lots south of the east/west alley in Block 212, all in South McAlester.

(d)

Uses permitted. The medical district is intended to be an overlay zoning district and its regulations may be applied to the described properties even though, and at the same time, the property is under the regulations and permitted uses of the underlying zoning district.

(e)

Uses permitted after review. Supporting facilities, necessary in conjunction with the existing surrounding health facilities, may be permitted only after review by the planning commission, as follows:

(1)

Medical and healthcare uses including outpatient clinics, continuing/long term care services, hospice services, therapy services, ambulance service, laboratories, counseling centers, imaging centers, medical research facilities, medical/dental clinics.

(2)

Medical staff facilities and similar uses, including and not limited to administrative offices, educational and meeting facilities.

(3)

Cafeterias and food service within health care buildings and standalone restaurants or cafe.

(4)

Childcare and adult care services, including respite care

(5)

Health care related retail uses, including and not limited to pharmacy, florist/gift shops, medical supplies, prosthetics, equipment and/or appliance sales

(6)

Short term residential uses dependent upon or directly related to medical care, including and not limited to, convalescent care, skilled nursing, group homes for the disabled, rest homes.

(7)

Hotel, motel, guest house or similar short-term overnight accommodations

(8)

Multi-family housing for healthcare staff and students

(9)

Any other small to medium sized commercial establishment, consistent with the list of this subsection, that provides shopping and service outlets for the convenience of the neighboring H-1 health facilities district.

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition as found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this medical district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 60 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be two and one-half stories.

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district, the side yard shall be a minimum of ten feet.

On any side that is adjoining another health facilities district zoned lot or another commercial district there shall be no less than one foot setback for each one foot in height.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

Special development standards.

(1)

Exterior standards/visual appeal. This development area has as its goal to promote a visually appealing environment. Architectural plans for new development shall accompany any application within this district. The plan shall show the quality of proposed materials and development. To accomplish this goal the following objectives are established and shall apply to all structures:

To implement quality building design and construction throughout this district, various exterior wall finishes will be considered by the planning commission and city council. Brick, vinyl, stucco, stone, wood and cosmetically equivalent exterior siding, etc., except no metal exterior walls may be visible from any street. Building design should provide articulation to avoid long blank walls and a scale appropriate to the setting, there should be continuity of character and building materials throughout the development to enhance the campus setting.

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

To develop signage that compliments the visual appeal of this district.

(2)

Access allowance.

Primary access. The development must have frontage and provide primary access onto either East Monroe Avenue, East College Avenue, or North Strong Boulevard.

Land having frontage on Strong Boulevard. In accordance with the purpose of the medical district, for access to lots and land having frontage onto Strong Boulevard the entrance and exit shall be so designed to discourage cross traffic on Strong Boulevard.

Pedestrian connectivity. A development shall include accessible pedestrian connections with sidewalks along the street. Special attention should be paid to crosswalks and connections between parking lots serving adjacent uses.

(3)

Landscaping and screening.

Purpose. To provide a visually appealing and ecologically sound district and ensure that landscaping enhances the building architecture and any other on-site landscaping.

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed plants and materials.

Buffer. A landscape buffer and trees will be provided between public ways and all parking. The buffer shall be a minimum of four feet wide with grass and/or shrubs. Trees shall be planted a maximum of 30 feet on center and shall be a minimum of two-inch caliper measured four feet from ground level. All corner lots will maintain a 30-foot site triangle with no plant over two feet in height.

Screening. Screening shall be required as a buffer to adjacent residential districts to mitigate adverse noise, light, glare, and aesthetic impacts from new development. The screen shall be constructed in such a way to be compatible with the proposed development and the abutting residential properties. Screening shall also be required to screen dumpsters and other trash receptacles from public streets and adjoining residential properties.

(4)

Standards for retail uses and eating and drinking establishments.

An outdoor seating/eating area may be included, provided the outdoor area is screened from residentially zoned properties.

(Ord. No. 2680, § 1, 2-11-2020)

Sec. 62-293. - Open space.

(a)

No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.

(b)

Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two feet. Open porches may project into a front or rear yard a distance not to exceed four feet.

(c)

Where the dedicated street right-of-way on which the main building front is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the centerline of the street easement.

(d)

No dwelling shall be erected on a lot which does not abut on at least one open street for at least 35 feet and have a width of at least 50 feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress, as shall driveways. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

(e)

No minimum lot sizes and open spaces are prescribed for industrial uses. It is the intent of this article that lots of sufficient size be used by any industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

(f)

On any corner lot on which a front and side yard are required, no wall, fence, sign, structure or any plant growth having a height in excess of three feet above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines, a distance of 30 feet along the front and side lot lines and connecting the points so established, to form a sight triangle on the area of the lot adjacent to the street intersection.

(g)

An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(h)

A private garage located in an R zone shall not be used for storage of more than one commercial vehicle which does not exceed 1.5 tons rated capacity, per family living on the premises.

(i)

Private swimming pools may be constructed as an accessory use, but shall be enclosed by a permanent solid wall or fence no less than four feet high, with gate latches that prevent entry by small children. A building permit, with requisite inspections, and construction compliance with applicable building codes, is mandatory.

(j)

The architectural design and material used for the construction of fences shall harmonize with the main building to which said fence is accessory. Proper building materials of good quality, compatible aesthetically with the neighborhood character and design, and construction in a workmanlike manner shall be required.

(Code 1993, § 62-276; Ord. No. 1843, § 1(art. IV, § 4), 2-14-1989)

Sec. 62-294. - Height.

The following regulations set forth in this section qualify or supplement, as the case may be, the specific district regulations appearing in this article:

(1)

In measuring heights, a habitable basement or attic shall be counted as a story, except that a story in a sloping roof the area of which story does not exceed two-thirds of the floor area of the story immediately below it, and which does not contain an independent apartment, and no greater than four feet above the floor shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit. Satellite communication antennas shall not be affected by this provision.

(3)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may exceed the height limitations of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semipublic structure exceeds the prescribed height limit.

(4)

No building or land shall be used or occupied hereafter in excess of the density regulations for that district.

(Code 1993, § 62-277; Ord. No. 1843, § 1(art. IV, § 5), 2-14-1989)

Sec. 62-295. - Placement of buildings.

Any building hereafter erected or structurally altered shall be located on one lot except as provided herein; and there shall be no more than one principal building and the customary accessory buildings may not be erected or placed in the front and side yard areas as required in the separate districts.

(Code 1993, § 62-278; Ord. No. 1843, § 1(art. IV, § 6), 2-14-1989)

Sec. 62-296. - Street access.

No principal building shall be constructed on a lot which does not abut an open public dedicated street. The public street must be officially open to traffic and meet minimum city street specifications as set out in section 62-605, table 1.

(Code 1993, § 62-279; Ord. No. 1843, § 1(art. IV, § 7), 2-14-1989)

Sec. 62-297. - Storage and parking of trailers and commercial vehicles.

(a)

Commercial vehicles, mobile homes, manufactured homes, motor homes, travel trailers, camper trailers, boats, boats and trailers, boat trailers, cargo hauling trailers, or utility trailers, shall not be parked, stored, or occupied on any public street, or lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following conditions and provisions:

(1)

No more than one commercial vehicle, which does not exceed 1.5 tons rated capacity, per family living on the premises, shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.

(2)

No more than one motor home, travel trailer, camper trailer and no more than two boat, boat and trailer, boat trailer, cargo hauling trailer, or utility trailers per family living on the premises in a residential district shall be permitted provided parking is in accordance with the following conditions and provisions:

A trailer shall not be parked or stored for more than 48 hours unless it is appropriately located behind the front yard building line.

Inside parking shall be permitted.

Outside parking in the side yard, as defined in the zoning ordinance, shall be permitted. The hitch, tongue, and body of the vehicle or trailers shall not extend more than six feet beyond the front building line into the front yard.

Outside parking in the rear yard, as defined in the zoning ordinance, shall be permitted.

Motor homes, travel trailers, camper trailers, boats, boats and trailers, boat trailers, cargo hauling trailers, or utility trailers shall not be greater than 13-½ feet in height, eight feet in width, and 35 feet in length.

It shall be the duty and responsibility of such owner to have the vehicle or trailer registered and tagged annually as required by state law.

Parking is permitted for motor homes, travel trailers, or camper trailers in accordance with the following conditions and provisions:

Not used for dwelling purposes. Any temporarily or permanently occupied motor home, travel trailer, or camper trailer shall be stored or parked only in a RV park, trailer court or mobile home park which is in conformity with the ordinances of the city;

Not permanently or temporarily connected to sewer lines or water lines. The discharge or intake points for sewer lines or water lines shall be appropriately capped and not connected to permanent or temporary lines or portable tanks. The motor home, travel trailer or camper trailer may only be connected to electricity temporarily for maintenance or charging batteries, and any hookup facilities shall comply with applicable local codes, state law and the National Electrical Code;

No propane fuel is used except when necessary to prepare for use.

Not used for storage of goods, materials or equipment other than those items considered to be part of the motor home, travel trailer or camper trailer, or essential for its immediate use.

(b)

A motor home, travel trailer, or camper trailer shall be occupied only in a RV park, trailer court or mobile home park in conformity with the ordinances of the city.

(c)

A mobile or manufactured home shall be stored or parked only in a trailer court or mobile home park which is in conformity with the ordinances of the city.

(d)

No vehicle or trailer of any kind shall be parked on any corner property or right-of-way in such a position as to violate the sight triangle required by ordinance.

(Code 1993, § 62-280; Ord. No. 1843, § 1(art. IV, § 8), 2-14-1989; Ord. No. 2648, § 1, 3-26-2019)

Sec. 62-298. - Group housing projects.

In case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this article to the individual buildings in such housing project, the application of such requirements to such housing project shall be done by the city council, upon recommendation of the planning commission, in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by this article in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirement of the district in which the housing project is to be located.

(Code 1993, § 62-281; Ord. No. 1843, § 1(art. IV, § 9), 2-14-1989)

Sec. 62-299. - Development time limits; rezoning application.

Construction should be started within two years of the effective date of approval of the rezoning of any parcel in any district by the city council. Failure to begin the construction within two years could be grounds for that parcel to revert back to its original zoning district. Upon written request received by the planning commission, prior to the expiration of the two-year period, an extension shall be granted by the planning commission at no extra fee. The extension is not to exceed one year. Timely reports concerning the status of rezoned parcels and development activities shall be made at least annually to the planning commission by the department of planning.

(Code 1993, § 62-282; Ord. No. 1843, § 1(art. IV, § 10), 2-14-1989)

Sec. 62-300. - Existing lots of record.

In any district where single-family residences are permitted, a single-family detached dwelling may be erected on any lot which is of official record on February 14, 1989, subject to the following restrictions:

(1)

There must be provided a minimum lot width of 50 feet.

(2)

There must be provided a minimum of ten feet in side yards with five feet on any one side.

(3)

The front and rear yards must comply with the requirements set forth for the zoning district within which the lot of record is located.

(Code 1993, § 62-283; Ord. No. 1843, § 1(art. IV, § 11), 2-14-1989)

Sec. 62-301. - Storage of liquefied petroleum gases.

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and the regulations of the state liquefied petroleum gas administration.

(Code 1993, § 62-284; Ord. No. 1843, § 1(art. IV, § 12), 2-14-1989)

Sec. 62-302. - Trailer parks.

Trailer parks shall be constructed in accordance with the requirements of the ordinances of the city relating thereto.

(Code 1993, § 62-285; Ord. No. 1843, § 1(art. IV, § 13), 2-14-1989)

Sec. 62-303. - New commercial district areas.

The minimum area for any new commercial district shall be 25,000 square feet. However, an existing commercial district may be increased by less than this amount, provided the additional area is in the same commercial category as the existing district, and is contiguous to the property within the commercial district.

(Code 1993, § 62-286; Ord. No. 1843, § 1(art. IV, § 15), 2-14-1989; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-304. - Industrial pilot plants.

For the purpose of encouraging industrial development, the city council may permit the installation of pilot plants for industrial purpose in any existing commercial building for a period of one year, subject to review by the city council and time extension not to exceed two additional years.

(Code 1993, § 62-287; Ord. No. 1843, § 1(art. IV, § 17), 2-14-1989)

Sec. 62-305. - Temporary location of mobile homes.

(a)

Construction trailer. It shall be common operational policy to allow a construction contractor to bring onsite all necessary supplies, equipment and materials, including mobile offices necessary for completion of the job after a building permit is issued for construction of a building, or when the city engineer approves construction plans for utility work.

(b)

Mobile home sales offices. Mobile homes that are used as sales offices shall be allowed only on property where mobile homes or travel trailers are being sold.

(c)

Temporary location of mobile homes or trailers for temporary office use. A mobile home or trailer for temporary use as a business shall only be allowed in all commercial districts and all industrial districts, provided that onsite construction to replace the trailer on a permanent-type structure has begun. The temporary mobile home or trailer shall not be allowed on the site for more than 365 consecutive days.

(Code 1993, § 62-288; Ord. No. 1843, § 1(art. IV, § 18), 2-14-1989; Ord. No. 2813, § 1, 7-23-2024)

Sec. 62-306. - Satellite communication antennas.

(a)

Specific aesthetic standards by which the proliferation of satellite dish (communication) antennas may be regulated, are hereby adopted to accomplish the following:

(1)

Clearly define aesthetic objectives to protect residential neighborhoods.

(2)

Define reasonable safety considerations for the general populace.

(3)

Allow satellite operations in such a manner as not to impose unreasonable governmental limitations on reception of satellite-delivered signals by antennas.

(4)

Allow municipal regulation of satellite transmission antennas in such a manner as not to impose excessive costs upon users.

(5)

Continue to utilize accepted yard requirements that promote a homogeneous character in surroundings, and provide a certain amount of open space on each residential lot.

(6)

Orient activities and uses to appropriate locations on residential lots.

(b)

Satellite antennas may be permitted as an accessory use only in residential districts (R-1B, R-2, R-3), provided the following standards are met:

(1)

The antenna shall not be permitted as a primary use on a lot.

(2)

The antenna shall be ground mounted, and located in the rear yard only.

(3)

The antenna shall not exceed 12 feet in diameter, and the materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and shall employ, to the extent possible, materials and colors that blend with the surroundings.

(4)

The antenna, including any guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the negative visual impact on surrounding properties and from public streets. Antennas should be screened through the addition of architectural features such as evergreen plantings, fencing and/or landscaping that harmonize with the elements and characteristics of the property. The height of the screening shall be equal to at least 75 percent of the antenna height.

(c)

A building permit shall be required for the construction and installation of any satellite communication antenna, and all applications for a building permit shall include certification by a registered engineer that the proposed installation complies with those standards required by city building and construction codes.

(d)

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(e)

Only one satellite dish antenna may be permitted per lot, and shall be used only for private noncommercial purposes.

(f)

Special exception uses: Roof-mounted satellite dish antennas up to 12 feet in diameter may be allowed in residential districts, subject to the following criteria:

(1)

Demonstration by the applicant that compliance with subsections (b)(4) and (d) of this section would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.

(2)

The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.

(3)

All applications must include certification by a registered engineer that the proposed installation complies with those standards required by city building and construction codes. Also, written documentation of such compliance, including load distributions within the building's support structure shall be furnished.

(g)

All satellite dish antennas, previously erected in any district prior to February 14, 1989, which do not conform to the requirements of the provisions of this section, shall be accepted as nonconforming accessory uses for a period of three years to expire January 1991. Thereafter, the satellite dish antennas shall be subject to modification or relocation to comply with the standards of this section.

(Code 1993, § 62-289; Ord. No. 1843, § 1(art. IV, § 19), 2-14-1989)

Sec. 62-307. - Utility screening requirements.

The construction and installation of any public utility service use shall require the provision of an adequate green screening as a barrier between the utility service and any adjoining district. The screening shall consist of closely spaced, rapidly growing evergreen (nondeciduous) woody shrubs or plants reaching a minimum of six to eight feet in height at maturity, that will provide an aesthetically pleasing solid green space around the entire perimeter of the utility service within two years after planting. The evergreen screening shall be well maintained by the utility service at all times, with any dead shrubs/plants removed and replaced.

(Code 1993, § 62-290; Ord. No. 1843, § 1(art. IV, § 20), 2-14-1989)

Mc Alester City Zoning Code

ARTICLE IV

ZONING DISTRICTS AND DISTRICT REGULATIONS5

Footnotes:

--- (5) ---

State Law reference— Districts and district regulations authorized, 11 O.S. § 43-102.

Sec. 62-217. - Districts established.

For the purpose of this article and the promotion of public health, safety and general welfare of the community, the following districts are hereby established and shall be designated as follows:

(1)

Residential:

R-1A single-family district (rural subdivision).

R-1B single-family district.

R-1C existing single-family district.

R-2 two-family dwelling district.

R-3 multiple-family dwelling district.

(2)

Commercial:

C-1 office district.

C-2 neighborhood convenience district.

C-3 general commercial district (central business).

C-4 restricted commercial district.

C-5 highway commercial/recreation district.

(3)

PUD: Planned unit development district.

(4)

Industrial:

I-I light industrial district.

I-2 heavy industrial district.

(5)

Health/Medical: H-1 health facilities district.

(6)

Agricultural: A-1 agricultural district.

(7)

Floodplain: F-O flood hazard overlay.

Specific district regulations are set forth in this division and division 2 of this article.

(Code 1993, § 62-176; Ord. No. 1843, § 1(art. II, § 1.2), 2-14-1989)

Sec. 62-218. - Official zoning map.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(Code 1993, § 62-177; Ord. No. 1843, § 1(art. II, §§ 1.1, 1.3, 1.4), 2-14-1989)

Sec. 62-219. - Annexation.

(Code 1993, § 62-178; Ord. No. 1843, § 1(art. IV, § 14), 2-14-1989)

Sec. 62-220. - Vacation of public easements.

(Code 1993, § 62-179; Ord. No. 1843, § 1(art. IV, § 16, art. VII, § 6), 2-14-1989)

Sec. 62-221. - Application of regulation to uses of more restricted district.

(a)

(b)

(Code 1993, § 62-180; Ord. No. 1843, § 1(art. IV, § 1), 2-14-1989)

Sec. 62-222. - Existing buildings and land use.

(Code 1993, § 62-181; Ord. No. 1843, § 1(art. IV, § 2), 2-14-1989)

Sec. 62-223. - Height and density.

(Code 1993, § 62-182; Ord. No. 1843, § 1(art. IV, § 3), 2-14-1989)

Sec. 62-255. - R-1A single-family residential district (rural subdivision district).

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages or part of the main building.

(4)

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public building and public utilities, in conjunction with one of the other permitted uses, and subject to screening requirements in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

(d)

(1)

(2)

Minimum lot frontageat the front building line. Minimum lot frontage at the front building line will be 100 feet for residential and 200 feet for all others.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots.

Not more than 30 percent of the lot area on corner lots.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot.

(4)

Maximum height. Maximum height will be 35 feet or 2.5 stories, provided that the height regulations set out in section 62-187 are not broached.

(5)

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

The minimum depth of the front yard shall be 30 feet for residential buildings, and 50 feet for all other buildings.

(6)

Side yard setback. The following requirements shall apply:

For buildings of more than one story, the minimum width of the side yard on all lots shall not be less than ten feet.

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

(7)

Rear yard setbacks. Rear yard setbacks shall be 20 feet or 20 percent of the lot depth.

(Code 1993, § 62-196; Ord. No. 1843, § 1(art. V, § 1), 2-14-1989; Ord. No. 2677, § 1, 4-14-2020)

Sec. 62-256. - R-1B single-family residential district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(4)

Elementary, junior or senior high school; or other schools, provided they have major street frontage as shown on the major street plan.

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state/federal agency.

(7)

Operator or host family must reside on the premises.

Bed and breakfast home may not have more than five units or host more than ten overnight guests at one time.

Guests must be within principal structure. Detached buildings and/or garage apartments may not be converted to guest quarters.

Guest may be provided breakfast by the host, but no other meal may be served. There will be no cooking in guest rooms.

(8)

(d)

(1)

Minimum lot area. The following requirements shall apply:

(2)

Minimum lot frontage. The following requirements shall apply:

At the front building line, the frontage will be 50 feet.

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

The frontage of any wedge-shaped lot which meets the requirements of minimum lot size, may be a minimum of 45 feet at the street line.

A minimum lot width of 200 feet at the front building line for all churches, main and accessory buildings (other than dwellings and buildings accessory to dwellings), will be required.

(3)

Maximum percentage of coverage. Maximum by all buildings shall not be greater than 35 percent.

(4)

Maximum height. Maximum height will be no greater than 35 feet.

(5)

Front yard setback. Front yard setback will be no less than 25 feet from the street right-of-way line.

(6)

Side yard setback. The following requirements shall apply:

Churches and main and accessory buildings (other than dwellings and buildings accessory to dwellings) shall set back from all exterior and interior side lot lines a distance of no less than 30 feet.

(7)

Rear yard setback. The following requirements shall apply:

Rear yard setback will be no less than 20 feet.

For buildings more than two stories in height, the minimum rear yard required hereby shall be increased by five feet for each additional story or fraction thereof.

(Code 1993, § 62-197; Ord. No. 1843, § 1(art. V, §§ 2.1—2.4), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 2, 4-14-2020)

Sec. 62-257. - R-1C existing single-family residential district.

(a)

(b)

(1)

(2)

Note: Previously conforming dwelling units destroyed by fire or any act of God may be rebuilt, provided that all aspects of the R-1B area regulations are met.

(Code 1993, § 62-198; Ord. No. 1843, § 1(art. V, § 2.5), 2-14-1989)

Sec. 62-258. - R-2 two-family dwelling (duplex) district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings.

(3)

Public parks or playgrounds.

(4)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(5)

(6)

Home occupations, as defined and regulated by this article.

(7)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(6)

Child or day care homes, only as defined in section 62-1.

(7)

Bed and breakfast. (Regulations as outlined in section 62-256(c)(7).)

(8)

(d)

Area regulations.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

For each single-family dwelling and accessory building, there shall be a lot area of no less than 4,500 square feet.

For each two-family dwelling (duplex) and accessory building, there shall be a lot area of no less than 8,000 square feet.

(2)

Minimum lot frontage. The following requirements shall apply:

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on a street for a distance of no less than 45 feet.

All other uses shall have a minimum lot width of no less than 200 feet.

(3)

Maximum percentage of coverage. The following requirements apply:

Main and accessory buildings shall not cover more than 30 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187.

(5)

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

The minimum depth of the front yard shall be 25 feet for residential uses. All other uses shall have a minimum depth of the front yard of 50 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of any greater depth than 40 feet.

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

(6)

Side yard setback. The following requirements apply:

Interior.

(7)

Rear yard setback. The following requirements apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard of a main building.

(Code 1993, § 62-199; Ord. No. 1843, § 1(art. V, § 3), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 3, 4-14-2020)

Sec. 62-259. - R-3 multiple-family dwelling district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings, including garage apartments.

(3)

Roominghouses or boardinghouses.

(4)

Multiple-family dwellings, including condominiums, townhouses or apartments.

(5)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(6)

(7)

Public parks or playgrounds.

(8)

Home occupations, as defined and regulated by this article.

(9)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Library, provided it has major street frontage, as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(7)

Child/day care homes as defined in section 62-1.

(8)

Mobile home/trailer court, allowed only if found to be in compliance with the requirements in subsection (e) of this section.

(9)

(d)

Area regulations. The following requirements shall apply to all permitted uses. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

(2)

Minimum lot frontage. The following requirements apply:

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on an open street a distance of no less than 45 feet.

All other nonresidential allowed uses shall have a minimum lot width of not less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 50 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187. There is no limit on multiple-family dwellings.

(5)

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

The minimum depth of the residential front yard shall be 25 feet. All other allowed uses shall be 35 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback already so established by the existing buildings. This regulation shall not require a front yard of greater depth than 40 feet.

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

(6)

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

Interior.

For unattached buildings of accessory use, there shall be a side yard of no less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(7)

Rear yard setback. For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

(e)

Specific mobile home (trailer) court regulations. The following requirements shall apply:

(1)

(2)

(3)

(4)

(5)

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height, or a screen planting which will attain at least a six-foot to eight-foot height at maturity.

(6)

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

(7)

(8)

All public utilities shall be underground in all courts.

(9)

Trailer courts shall be planned in such a manner that no trailer, or related building, shall be located any closer than 15 feet to any side lot line.

(Code 1993, § 62-200; Ord. No. 1843, § 1(art. V, § 4), 2-14-1989; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 4, 4-14-2020)

Sec. 62-260. - C-1 office district.

(a)

(b)

Uses permitted. Property/buildings in an office commercial district shall be used only for the following purposes:

(1)

Barbershop and/or beauty shop.

Business college.

Cleaning/dyeing works.

Fraternal organizations.

Independent living options (retirement centers/elderly complexes).

Lodge halls.

Medical and/or dental clinics.

Museums.

Music conservatory.

Pharmacy.

Professional offices.

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

(2)

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises.

(3)

Accessory buildings and uses customarily incidental to the above uses.

(4)

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in subsection (d)(1) of this section.

(c)

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

(3)

(4)

(5)

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The following requirements apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 63-187 and section 63-189.

(5)

Front yard setback. The following requirements apply: All buildings shall set back from the street right-of-way line to provide a front yard setback of no less than 25 feet in depth.

(6)

Side yard setback. The following requirements apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each one foot of height, or 35 feet.

On a side of a lot adjoining the same commercial district only, there shall be no side yard setback required.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of side setback and rear setback for each two feet of height above 35 feet).

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases:

Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of rear setback and side yard setback for each two feet of height above 35 feet).

(e)

Screening requirements.

(1)

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-201; Ord. No. 1843, § 1(art. V, § 5), 2-14-1989; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-261. - C-2 neighborhood convenience district.

(a)

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions and restrictions:

(1)

Any of the following uses shall be permitted:

Artist supplies and hobby shop.

Bakery shop.

Barbershop and beauty shop.

Bookstore.

Cleaning and dyeing works.

Clothing and wearing apparel shop.

Drugstore.

Financial institution.

Florist shop.

Gift shop.

Grocery store.

Jewelry store.

Laundry and dry cleaning pickup station.

Liquor store.

Medical and dental clinics.

Motor fuel sales only (not intended for service station operations).

Pharmacy.

Professional offices (not including animal clinics/hospitals, and only in specified zones).

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

Self-service laundries.

Shoe repair shop.

Stockbroker.

Variety store.

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review (UPAR). The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Child care centers (with stipulations). Any child care center authorized under this UPAR shall comply with the following provisions:

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and reinspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(2)

Multi-family residential (with stipulations). Any authorized use shall comply with all standards and provisions of the zoning district, unless specifically allowed by the provisions below:

Conditions of multi-family residential for approval.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The following requirements shall apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements shall apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide a front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-202; Ord. No. 1843, § 1(art. V, § 6), 2-14-1989; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-262. - C-3 general commercial district.

(a)

(b)

Uses permitted. Property and buildings in a C-3 general commercial district may be used for the following purposes:

(1)

Artist supplies and hobby shop.

Auditorium.

Bakery.

Bank.

Barbershops and beauty shops.

Bookstore.

Business college.

Bus terminal.

Child care centers (provided stipulations in section 62-261(c) are met).

Cleaning and dyeing works.

Clothing and apparel stores.

Commercial school or hall.

Communications.

Dance hall.

Department store.

Electrical repair shop.

Financial institutions.

Florist shop.

Fraternal organizations.

Frozen food locker.

Furniture store; repair and/or upholstery.

Funeral parlor or mortuary.

General offices.

Gift shop.

Grocery.

Hotel.

aa.

Interior decorating store.

bb.

Jewelry store.

cc.

Key shop.

dd.

Laundry/drycleaning pickup stations.

ee.

Leather goods shop.

ff.

Liquor store.

gg.

Lodge halls.

hh.

Medical/dental clinics/facilities.

ii.

Messenger and telegraph service.

jj.

Motel and motor inns.

kk.

Motor fuel sales only (not intended for service station or mechanic operations).

ll.

Museums.

mm.

Music conservatory.

nn.

Music, radio or television shop/repair.

oo.

Nightclub.

pp.

Nursery or garden supply store.

qq.

Office supply.

rr.

Pawn shop.

ss.

Pet shop (not including veterinarian clinic/hospital).

tt.

Pharmacy.

uu.

Printing and stationery store.

vv.

Professional offices.

ww.

Research laboratories.

xx.

Restaurant.

yy.

Self-service laundry.

zz.

Sewing machine repair.

aaa.

Shoe repair shop.

bbb.

Sign printing shop.

ccc.

Sporting goods store.

ddd.

Stock and bond broker.

eee.

Tavern.

fff.

Telephone and telegraph offices.

ggg.

Theatre.

hhh.

Toy store.

iii.

Variety store.

jjj.

Youth recreation center.

(2)

Any public buildings or uses, including fire stations, community buildings, utility buildings, libraries or municipal buildings.

(3)

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

New and/or used automobile sales and/or service.

(2)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

There are no minimum lot area requirements.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. There are no minimum lot frontage requirements.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 90 percent of the lot area.

(4)

Maximum height. There are no maximum height requirements.

(5)

(6)

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall no less than five feet high and no more than eight feet high. It shall be maintained in good condition along said lot line. The materials used in the construction of said screening shall be greatly compatible with the same materials used in the construction of the structure itself. Great care should also be exercised to provide for aesthetic compatibility of any adjacent businesses in the district. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-203; Ord. No. 1843, § 1(art. V, § 7), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-263. - C-4 restricted commercial district.

(a)

(b)

(1)

Artist supplies and hobby shop.

Bakery.

Barbershop and beauty shop.

Bookstore.

Business college.

Car wash.

Child care center (with stipulations as shown).

Cleaning and dyeing works.

Clothing and wearing apparel shops.

Dairy products store.

Delicatessen.

Department store.

Drugstore.

Financial institutions.

Florist shop.

Fraternal organizations.

Funeral parlor/mortuary.

Gasoline or filling station.

General offices.

Gift shop.

Grocery store.

Hardware store.

Health spa.

Independent living options (retirement centers/elderly complexes).

Jewelry store.

Key shop.

aa.

Lawn mower repair shop.

bb.

Laundry/dry cleaners pickup stations.

cc.

Liquor store.

dd.

Lodge halls.

ee.

Medical/dental clinics.

ff.

Museums.

gg.

Music conservatory.

hh.

New and used automobile sales and/or service.

ii.

Pet stores.

jj.

Professional offices.

kk.

Restaurants.

ll.

Retail furniture store.

mm.

Self-service laundry.

nn.

Sign printing shop.

oo.

Shoe repair shop.

pp.

Small engine repair.

qq.

Sporting goods store.

rr.

Stockbroker.

ss.

Tailor shop.

tt.

Variety store.

uu.

Veterinarian clinic.

vv.

Ambulance operations, office and garage (no mechanical work).

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Any public buildings or uses, including fire stations, community buildings, utility buildings, library, auditorium or municipal building.

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-4 (restricted commercial district) shall not be less than 50,000 square feet.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback: The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback: The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases: Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, rear yard, or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and said adjacent street.

(3)

(f)

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-204; Ord. No. 1843, § 1(art. V, § 8), 2-14-1989; Ord. No. 2080, § 1, 3-24-1998; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021)

Sec. 62-264. - C-5 highway commercial and commercial recreation district.

(a)

(b)

Uses permitted.

(1)

Any use permitted in the C-1, C-2, C-3 or C-4 commercial districts.

(2)

Additional uses include:

Ambulance service, office and garage.

Amusement enterprises.

Automobile service station.

Boat sales.

Bowling alleys.

Building material store, retail and wholesale.

Bus terminal.

Drive-in theatre or restaurant, standard theatre.

Feed and fuel store.

Food stores.

Frozen food locker.

Furniture repair and upholstery.

Garden centers/stores.

Golf course, miniature or practice range.

Heating/plumbing sales and service.

Humane Society animal shelter.

Ice plant.

Key shop.

Kennels.

Motels or motor inns.

New and/or used automobile/truck sales and/or service.

New and used machinery sales and service.

Nightclubs.

Novelty shop.

Pawnshop.

Recreation center, private.

aa.

Research laboratories.

bb.

Roller skating rink.

cc.

Storage warehouse.

dd.

Tavern.

ee.

Travel trailer park and sales.

ff.

Veterinarian clinic and/or hospital.

gg.

Wholesale distributing center.

(3)

(4)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration or traffic than those above.

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(6)

Mobile home courts, in compliance with the following requirements:

The proposed site shall have a front yard of not less than 20 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet solid fencing, screen planting or wall of six feet in height.

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

(7)

Multi-family residential, in compliance with the following requirements.

Multi-family dwellings are subject to the lot and building regulations of the zoning district, except as otherwise expressly modified by the supplementary regulations of this section.

Façade. The front façade of new multi-family structures may not exceed 120 feet in width.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129: None.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 10,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 70 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement for this district.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 50 feet to provide front yard setback.

(6)

Side yard setback. On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle intersection clearance requirements.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-205; Ord. No. 1843, § 1(art. V, § 9), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023; Ord. No. 2819, § 1, 8-27-2024)

Sec. 62-265. - Planned unit development.

(a)

Planned unit development shall be permitted when, in the opinion of the planning commission, the following objectives are achieved:

(1)

To promote a flexible but unitary site development plan for residential development.

(2)

To permit a clustering of dwelling units at appropriate gross densities for the preservation of existing landscape features and to promote the most efficient possible use of open space.

(3)

To combine and coordinate building forms and building relationships within the planned unit developments.

(4)

To encourage innovative development of smaller parcels of land that have been passed over.

(5)

To ensure a quality of construction and public improvements commensurate with other quality development within the city.

(6)

To provide a choice in the types of ownership, and community facilities available to existing and potential residents.

(7)

(b)

The minimum area required to qualify for a planned unit development shall be one contiguous acre of land.

(c)

Planned unit development shall be subject to the following area regulations:

Requirements*	R-1B district	R-2 district	R-3 district	C-1 district
Individual lot, square feet	3,250	3,250	1,500	1,500
Minimum area in PUD per individual platted lot, square feet	6,000	4,000	1,500	1,500
Lot width, minimum, feet	20	20	20	20
Yards, minimum	None	None	None	None
Floor area ratio, maximum
PUD	0.30	0.30	0.40	0.80
Individual lot	0.40	0.50	0.60	1.20
Maximum coverage of individual lot, percent	40	40	50	50

_____

(d)

(1)

The general outlines of the interior roadway system and all existing rights-of-way and easements.

(2)

The general extent, size and composition in terms of the total number of dwelling units and the approximate percentage allocation by dwelling unit type.

(3)

A calculation of the residential density in dwelling units per gross acre including interior roadways.

(4)

The interior open space system.

(5)

Proposed treatment of the perimeter of the PUD.

(e)

(1)

(2)

The proposal shall meet the objectives as expressed in subsection (a) of this section.

(3)

The design must be properly related to proposed and existing land uses of adjacent properties.

(4)

The design shall give proper attention to internal detailing, including layout of streets, lots, and blocks that, at a minimum, reflect urban design principles of the city subdivision regulations.

(f)

The following materials shall be submitted with an application for a use permissible on review:

(1)

Site development plan and supporting maps.

The existing site conditions including contours at two-foot intervals, floodplains, watercourse, and existing vegetation.

Proposed lot lines and building lines.

The location and maximum floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, density and types of dwelling units.

Existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.

A general landscape plan indicating the treatment of materials used for private and common open spaces.

Proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences and walls.

(2)

Written documents.

(3)

Preliminary plat. The preliminary plat shall, at a minimum, incorporate urban design principles, and shall be presented separate from the required site development plan and supporting maps.

(g)

(1)

Violate any provision of this article.

(2)

Vary any lot area as indicated on the preliminary plat by more than ten percent.

(3)

Increase the ground area covered by buildings on any lot as depicted by the site development plan by more than five percent.

(4)

Realign any street, sidewalk, or bicycle path.

(5)

Change the location of any building or structure by more than ten feet in any direction.

(h)

(i)

(Code 1993, § 62-206; Ord. No. 1843, § 1(art. V, § 10), 2-14-1989)

State Law reference— Planned unit developments, 11 O.S. § 43-110 et seq.

Sec. 62-266. - I-1 light industrial district.

(a)

(b)

Uses permitted.

(1)

Bottling works.

(2)

Building materials manufacturing, storage, distribution and pole yards.

(3)

Commercial trade and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.

(4)

Compounding, processing and blending chemical products, but not including any materials which decompose by detonation.

(5)

Dairy products, products and distribution.

(6)

General and administrative offices incidental to permitted uses.

(7)

Machine shops and metal products manufacture and tool and dye shops, provided they do not include any of the following equipment: automatic screw machines, drop forges or riveting machines.

(8)

Mail order houses.

(9)

(10)

Manufacturing and assembling electrical and electronic products and equipment.

(11)

Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing or testing any of the following materials, goods or merchandise: apparel clothing, jewelry, or optical goods.

(12)

Printing and binding plants.

(13)

Public utility distribution centers.

(14)

Research laboratories.

(15)

Warehouses and storage facilities.

(16)

Water filtration plants, pumping stations, reservoirs, and lift stations.

(17)

Any other manufacturing process or establishment which can operate in compliance with the aforementioned requirements.

(18)

Accessory uses incidental to and on the same zoning lots as a principal use.

(19)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

Required development standards.

(1)

No building shall be used for residential purposes except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except as incidental to or accessory to or associated with a permitted use.

(3)

(4)

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.

(5)

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.

(6)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(7)

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(8)

(9)

(10)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

(3)

(4)

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and other inspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

(5)

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current minimum lot area requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There are no current maximum height requirements.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

(Code 1993, § 62-207; Ord. No. 1843, § 1(art. V, § 11), 2-14-1989; Ord. No. 1876, § 1, 2-25-1992; Ord. No. 2580, § 1(62-207), 10-11-2016)

Sec. 62-267. - I-2 heavy industrial district.

(a)

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions or restrictions:

(1)

Any use permitted in the I-1 light industrial district, including:

Automobile wrecking and junkyards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight feet in height.

Blacksmiths, tinsmiths and sheet metal shops.

Bulk fuel sales and storage.

Canning or preserving factories.

Coal storage plants.

Heavy machinery rental, sales and service.

Machine/welding shops.

(2)

Manufacturing, fabricating, assembling, repairing, storing, cleaning, servicing or testing any of the following materials, goods or merchandise:

Beverages (nonalcoholic), processing and bottling.

Building materials specialties.

Compounding or processing, blending, packaging or storing of chemical products, but not including any products which decompose by detonation.

Cosmetics and toiletries.

Drugs and pharmaceutical products.

Electrical and acoustic products and components.

Food products (except fish, sauerkraut, vinegar and yeast).

Furniture.

Glass products.

Ice, dry and natural.

Medical laboratory supplies, equipment and specialties.

Metal products and utensils.

Musical instruments.

Paper products, including boxes and containers.

Radio, phonograph recorder and television sets and parts.

Textiles.

Toys and children's vehicles.

Trailers and carts.

Wood products, including boxes and containers.

(3)

Monument stone cutting.

(4)

Motor freight terminals.

(5)

Pattern shops.

(6)

Printing plants.

(7)

Processing of meat and vegetable products, including animal slaughter.

(8)

Soldering and welding shops.

(9)

Sign painting.

(10)

Spray painting and mixing.

(11)

Railroad yards and switching areas, including loading and sleeping facilities for transient railroad labor.

(12)

Any other industrial use provided it meets the standards in subsection (c) of this section.

(13)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

(3)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(4)

(5)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

Uses permitted after review. No current uses are listed as requiring review.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current lot area minimum requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

Parking requirements. Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards; public utility buildings; contractor's equipment and lumber yards; research laboratories; business service establishments, such as blueprinting and printing and engraving; binding, publishing and issuing newspapers or other reading matter; soft drink bottling establishments; laundry and dry cleaning plants; fabricating plants; and all other structures devoted to similar mercantile or industrial pursuits and not otherwise specifically classified shall be provided with two parking spaces for each 500 square feet of floor space, whichever requires the greater number of spaces.

(Code 1993, § 62-208; Ord. No. 1843, § 1(art. V, § 12), 2-14-1989; Ord. No. 2580, § 1(62-208), 10-11-2016)

Sec. 62-268. - H-1 health facilities district.

(a)

General description. The purpose of the H-1 health facilities district shall be to provide a separate location exclusively for medical and health facilities and related uses thereof.

(b)

Uses permitted. Property and buildings located in an H-1 health facilities district shall be used only for the following purposes:

(1)

Dependent life care facilities (convalescent; nursing; rest homes).

(2)

Hospital.

(3)

Public health center.

(4)

Sanatorium.

(5)

Accessory buildings and uses customarily incidental to the above uses.

(c)

Uses permitted after review. Supporting facilities, necessary in conjunction with the existing health facility, may be permitted only after review by the city planning commission, as follows:

(1)

Ambulance service.

(2)

Artificial limbs and braces; sales and service.

(3)

Barbershop and beauty shop.

(4)

Dental laboratory or supply house.

(5)

Drugstores.

(6)

Hotel and motel.

(7)

Medical clinic or dental clinic.

(8)

Orthopedic appliance sales.

(9)

Pharmacy.

(10)

Restaurant.

(11)

Nameplate or sign relating only to the use of the store and premises, or to products sold on the premises.

(12)

Accessory buildings and uses customarily incidental to the above uses.

(d)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. Minimum lot area for an H-1 health facilities district shall not be less than 50,000 square feet.

(2)

Minimum lot frontage. There are no current requirements for minimum lot frontage.

(3)

Maximum percentage coverage. The following requirements shall apply:

No more than 40 percent of floor space may be devoted to incidental uses.

There are no current other maximum coverage percentage requirements.

(4)

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another health facilities district zoned lot, the side yard setback shall be no less than one foot setback for each one foot in height.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

(e)

Parking requirements. The following requirements shall apply:

(1)

(2)

(Code 1993, § 62-209; Ord. No. 1843, § 1(art. V, § 13), 2-14-1989)

Sec. 62-269. - A-1 agricultural district.

(a)

(b)

Uses permitted. No buildings or uses hereafter shall be established or enlarged within the A-1 agricultural district, except as a building or use devoted to one of the following purposes:

(1)

Agriculture, as defined in this article.

(2)

Single-family dwellings.

(3)

Churches and temples.

(4)

Elementary schools and high schools.

(5)

Golf courses, but not including golf driving ranges, pitch and putt courses or miniature golf courses.

(6)

Parks and forest preserves, operated not-for-profit.

(7)

Temporary buildings and uses for construction purposes only, and not for dwelling purposes nor for a period that exceeds the completion of the construction.

(8)

Accessory buildings or uses incidental to the foregoing principal uses.

(9)

Municipal or community recreation centers.

(10)

Police or fire stations.

(11)

Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries or museums.

(12)

Public or not-for-profit auditoriums, stadiums, arenas, armories or sanitoriums.

(13)

Public or private schools or colleges.

(14)

(c)

Uses permitted after review. No current uses are listed as requiring review.

(d)

Area regulations. The following requirement shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than two acres.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Maximum height. No buildings shall exceed 2.5 stories or 35 feet in height, except as provided in sections 62-187 and 62-189.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 60 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

Interior. The interior side yard setback shall be no less than 20 feet.

Other. The side yard setback shall be no less than 60 feet in every other case.

(7)

Rear yard setback. The following requirements shall apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard.

(Code 1993, § 62-210; Ord. No. 1843, § 1(art. V, § 14), 2-14-1989)

Sec. 62-270. - Specific district regulations.

(a)

(b)

Intent and purpose. The purposes of this section are to:

(1)

Provide a framework for the creation of special regulations.

(2)

Provide categorization of all special regulations which may be adopted as a result of the enabling legislation provided herein.

(3)

Provide guidelines for the application of all special regulations created to ensure conformity with the objectives of good planning and zoning practices.

(c)

(d)

(Code 1993, § 62-211; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-271. - Wyandotte Avenue corridor development.

(a)

Creation. There is hereby created the Wyandotte Avenue corridor development ("WA").

(b)

(c)

(1)

Lots south of the East/West alley in blocks 399, 400, 401, 402 and 403.

(2)

All of blocks 420, 421, 422, 423, 424, 449, 450, 451, 452 and 453.

(3)

The north half of blocks 470, 471, 472, 473 and 474.

(d)

Zoning districts allowed. The following zoning district developments may be constructed without review:

(1)

R-1B and R-2 zoning districts.

(2)

Zoning districts allowed on portions of the WA district having frontage on Wyandotte Avenue: R-1B, R-2, C-1, C-2, C-3, and C-4.

(e)

Access allowance.

(1)

(2)

(f)

(g)

(Code 1993, § 62-212; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-272. - Wade Watts corridor development.

(a)

Creation. There is hereby created the Wade Watts Avenue corridor development district ("WW district").

(b)

(c)

(d)

Uses permitted.

(1)

R-1B single-family residential when the underlying zoning is R-1B;

(2)

C-2 neighborhood convenience commercial when the underlying zoning is C-2;

(3)

C-5 highway commercial and commercial recreation when the underlying zoning is C-5.

(e)

Uses permitted after review.

(1)

Barbershop and/or beauty shop;

Medical and/or dental clinics;

Pharmacy;

Professional offices;

Public uses;

Financial institution;

Florist/gift shops;

Grocery store;

Motor fuel sales only (no service station);

Variety store;

Pet shop (not including veterinarian clinics);

Restaurant;

Self-service and/or full-service laundry;

Car wash;

Funeral facilities;

Carpet and floor covering sales, retail;

(2)

Accessory buildings or uses customarily incidental to the allowed uses.

(3)

Any public building or use.

(4)

Churches, provided they have major street frontage as shown on the major street plan and meets requirement for off-street parking.

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition and definition found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this WW district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 75 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be 2.5 stories.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from the street right-of-way lines not less than 25 feet.

When motor fuel is sold in this district, fuel pumps shall be no closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard. The following requirements shall apply:

On any side, the lot adjoining a residential district, the side yard shall be a minimum of ten feet.

On any side that is adjoining this district or another commercial district there shall be no side yard setback required.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

(1)

(2)

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

(3)

To develop signage that compliments to visual appeal of this district.

(h)

Access allowance.

(1)

(2)

(i)

Landscaping and screening.

(1)

Purpose. To provide a visually appealing and ecologically sound district and ensure the purpose of the WW corridor is accomplished.

(2)

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed materials.

(3)

(4)

(Code 1993, § 62-213; Ord. No. 2195, § 1, 6-28-2005; Ord. No. 2218, § 1, 12-13-2005; Ord. No. 2350, § 1, 3-9-2010; Ord. No. 2586, § 1, 11-8-2016)

Sec. 62-273. - Downtown and Old Town loft apartment overlay district.

(a)

Creation. There is hereby created the Downtown and Old Town loft apartment overlay district ("loft district").

(b)

(1)

(2)

(c)

General provisions and descriptions. The loft district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

(2)

Old Town loft district area includes the area defined by: East and west side of Main Street from 2600 North Main to the south side of East Smith Avenue.

(3)

More particularly, this area as described: The Downtown loft district area includes the following platted lots and blocks of the original plat of the city:

Lots south of the east/west alley in blocks 318, 319 and 321 and lots 5, 6 and 7 in block 320.

Lots 4 and 5 in block 344; lots 1 through 7 in block 345; lots 7 through 11 in block 346; and all of blocks 347, 348, 349, 350, 359, 360, 361, 362, and 363.

All of blocks 378, 379 and 380, lots 1, 2, and 3 in block 393; lots 1, 2, S1, S2, S3, S4, B1, B2, B3, and B4 in block 394; and lots 1, 2, 3, and 4 in block 395.

(4)

(5)

(6)

(d)

Uses permitted.

(1)

C-3, general commercial district;

(2)

R-3, multiple-family dwelling district for lots 4 and 5 in block 348 only; and

(3)

Single-family, two-family and multiple-family residential dwellings on the upper stories of existing buildings.

(e)

(Ord. No. 2529, § 1, 2-10-2015)

Sec. 62-274. - Cottage house development overlay district.

(a)

Creation. There is hereby created the cottage house development overlay district ("cottage district").

(b)

(c)

General provisions and descriptions. The cottage district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

(d)

(1)

Required courtyards and common open space areas must have cottage houses abutting on at least two sides.

All cottage houses must be located within 75 feet walking distance of a required courtyard or common open space area.

(2)

(3)

(4)

Building setbacks. All buildings within a cottage house development must comply with the minimum building setbacks from the exterior boundary of the development as follows:

Front yard setback will be no less than 25 feet from the street right-of-way line.

Side yard setback will be no less than five feet on interior lots and no less than 25 feet from the street right-of-way-line for corner lots.

No rear yard setback is required from an alley right-of-way line.

(5)

(6)

(7)

Vehicular access and parking. Vehicular access to parking areas serving cottage houses within the development may come from the street, an alley or a private drive.

Common parking areas containing four or more spaces must be screened from view of abutting residentially zoned lots in accordance with the screening fence or wall standards of section 62-459.

(8)

Windows, including bay windows;

Dormers;

Changes in exterior siding material or paint color.

(9)

(10)

(Ord. No. 2614, § 1, 1-9-2018; Ord. No. 2677, § 5, 4-14-2020)

Sec. 62-275. - Medical development overlay district.

(a)

Creation. There is hereby created the medical overlay district ("medical district").

(b)

(c)

General provisions and descriptions. The district and its regulations may be applied to the following:

(1)

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

All of Blocks 62, 63, 106, 107, 112, 113, 153, 154, 159, 200, 206, 207, 208, 209, 210, and 211, all in South McAlester;

Lots north of the east/west alley in Blocks 243, 244, 246, and 247, all in South McAlester; and

Lots south of the east/west alley in Block 212, all in South McAlester.

(d)

(e)

(1)

(2)

Medical staff facilities and similar uses, including and not limited to administrative offices, educational and meeting facilities.

(3)

Cafeterias and food service within health care buildings and standalone restaurants or cafe.

(4)

Childcare and adult care services, including respite care

(5)

Health care related retail uses, including and not limited to pharmacy, florist/gift shops, medical supplies, prosthetics, equipment and/or appliance sales

(6)

Short term residential uses dependent upon or directly related to medical care, including and not limited to, convalescent care, skilled nursing, group homes for the disabled, rest homes.

(7)

Hotel, motel, guest house or similar short-term overnight accommodations

(8)

Multi-family housing for healthcare staff and students

(9)

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition as found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this medical district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 60 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be two and one-half stories.

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district, the side yard shall be a minimum of ten feet.

On any side that is adjoining another health facilities district zoned lot or another commercial district there shall be no less than one foot setback for each one foot in height.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

Special development standards.

(1)

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

To develop signage that compliments the visual appeal of this district.

(2)

Access allowance.

Primary access. The development must have frontage and provide primary access onto either East Monroe Avenue, East College Avenue, or North Strong Boulevard.

(3)

Landscaping and screening.

Purpose. To provide a visually appealing and ecologically sound district and ensure that landscaping enhances the building architecture and any other on-site landscaping.

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed plants and materials.

(4)

Standards for retail uses and eating and drinking establishments.

An outdoor seating/eating area may be included, provided the outdoor area is screened from residentially zoned properties.

(Ord. No. 2680, § 1, 2-11-2020)

Sec. 62-293. - Open space.

(a)

No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.

(b)

(c)

(d)

(e)

(f)

(g)

An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(h)

A private garage located in an R zone shall not be used for storage of more than one commercial vehicle which does not exceed 1.5 tons rated capacity, per family living on the premises.

(i)

(j)

(Code 1993, § 62-276; Ord. No. 1843, § 1(art. IV, § 4), 2-14-1989)

Sec. 62-294. - Height.

The following regulations set forth in this section qualify or supplement, as the case may be, the specific district regulations appearing in this article:

(1)

(2)

(3)

(4)

No building or land shall be used or occupied hereafter in excess of the density regulations for that district.

(Code 1993, § 62-277; Ord. No. 1843, § 1(art. IV, § 5), 2-14-1989)

Sec. 62-295. - Placement of buildings.

(Code 1993, § 62-278; Ord. No. 1843, § 1(art. IV, § 6), 2-14-1989)

Sec. 62-296. - Street access.

(Code 1993, § 62-279; Ord. No. 1843, § 1(art. IV, § 7), 2-14-1989)

Sec. 62-297. - Storage and parking of trailers and commercial vehicles.

(a)

(1)

(2)

A trailer shall not be parked or stored for more than 48 hours unless it is appropriately located behind the front yard building line.

Inside parking shall be permitted.

Outside parking in the rear yard, as defined in the zoning ordinance, shall be permitted.

It shall be the duty and responsibility of such owner to have the vehicle or trailer registered and tagged annually as required by state law.

Parking is permitted for motor homes, travel trailers, or camper trailers in accordance with the following conditions and provisions:

No propane fuel is used except when necessary to prepare for use.

Not used for storage of goods, materials or equipment other than those items considered to be part of the motor home, travel trailer or camper trailer, or essential for its immediate use.

(b)

A motor home, travel trailer, or camper trailer shall be occupied only in a RV park, trailer court or mobile home park in conformity with the ordinances of the city.

(c)

A mobile or manufactured home shall be stored or parked only in a trailer court or mobile home park which is in conformity with the ordinances of the city.

(d)

No vehicle or trailer of any kind shall be parked on any corner property or right-of-way in such a position as to violate the sight triangle required by ordinance.

(Code 1993, § 62-280; Ord. No. 1843, § 1(art. IV, § 8), 2-14-1989; Ord. No. 2648, § 1, 3-26-2019)

Sec. 62-298. - Group housing projects.

(Code 1993, § 62-281; Ord. No. 1843, § 1(art. IV, § 9), 2-14-1989)

Sec. 62-299. - Development time limits; rezoning application.

(Code 1993, § 62-282; Ord. No. 1843, § 1(art. IV, § 10), 2-14-1989)

Sec. 62-300. - Existing lots of record.

(1)

There must be provided a minimum lot width of 50 feet.

(2)

There must be provided a minimum of ten feet in side yards with five feet on any one side.

(3)

The front and rear yards must comply with the requirements set forth for the zoning district within which the lot of record is located.

(Code 1993, § 62-283; Ord. No. 1843, § 1(art. IV, § 11), 2-14-1989)

Sec. 62-301. - Storage of liquefied petroleum gases.

(Code 1993, § 62-284; Ord. No. 1843, § 1(art. IV, § 12), 2-14-1989)

Sec. 62-302. - Trailer parks.

Trailer parks shall be constructed in accordance with the requirements of the ordinances of the city relating thereto.

(Code 1993, § 62-285; Ord. No. 1843, § 1(art. IV, § 13), 2-14-1989)

Sec. 62-303. - New commercial district areas.

(Code 1993, § 62-286; Ord. No. 1843, § 1(art. IV, § 15), 2-14-1989; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-304. - Industrial pilot plants.

(Code 1993, § 62-287; Ord. No. 1843, § 1(art. IV, § 17), 2-14-1989)

Sec. 62-305. - Temporary location of mobile homes.

(a)

(b)

Mobile home sales offices. Mobile homes that are used as sales offices shall be allowed only on property where mobile homes or travel trailers are being sold.

(c)

(Code 1993, § 62-288; Ord. No. 1843, § 1(art. IV, § 18), 2-14-1989; Ord. No. 2813, § 1, 7-23-2024)

Sec. 62-306. - Satellite communication antennas.

(a)

Specific aesthetic standards by which the proliferation of satellite dish (communication) antennas may be regulated, are hereby adopted to accomplish the following:

(1)

Clearly define aesthetic objectives to protect residential neighborhoods.

(2)

Define reasonable safety considerations for the general populace.

(3)

Allow satellite operations in such a manner as not to impose unreasonable governmental limitations on reception of satellite-delivered signals by antennas.

(4)

Allow municipal regulation of satellite transmission antennas in such a manner as not to impose excessive costs upon users.

(5)

Continue to utilize accepted yard requirements that promote a homogeneous character in surroundings, and provide a certain amount of open space on each residential lot.

(6)

Orient activities and uses to appropriate locations on residential lots.

(b)

Satellite antennas may be permitted as an accessory use only in residential districts (R-1B, R-2, R-3), provided the following standards are met:

(1)

The antenna shall not be permitted as a primary use on a lot.

(2)

The antenna shall be ground mounted, and located in the rear yard only.

(3)

(4)

(c)

(d)

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(e)

Only one satellite dish antenna may be permitted per lot, and shall be used only for private noncommercial purposes.

(f)

Special exception uses: Roof-mounted satellite dish antennas up to 12 feet in diameter may be allowed in residential districts, subject to the following criteria:

(1)

(2)

The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.

(3)

(g)

(Code 1993, § 62-289; Ord. No. 1843, § 1(art. IV, § 19), 2-14-1989)

Sec. 62-307. - Utility screening requirements.

(Code 1993, § 62-290; Ord. No. 1843, § 1(art. IV, § 20), 2-14-1989)

Mc Alester City Zoning Code

ARTICLE IV

ZONING DISTRICTS AND DISTRICT REGULATIONS5

Footnotes:

--- (5) ---

State Law reference— Districts and district regulations authorized, 11 O.S. § 43-102.

Sec. 62-217. - Districts established.

For the purpose of this article and the promotion of public health, safety and general welfare of the community, the following districts are hereby established and shall be designated as follows:

(1)

Residential:

R-1A single-family district (rural subdivision).

R-1B single-family district.

R-1C existing single-family district.

R-2 two-family dwelling district.

R-3 multiple-family dwelling district.

(2)

Commercial:

C-1 office district.

C-2 neighborhood convenience district.

C-3 general commercial district (central business).

C-4 restricted commercial district.

C-5 highway commercial/recreation district.

(3)

PUD: Planned unit development district.

(4)

Industrial:

I-I light industrial district.

I-2 heavy industrial district.

(5)

Health/Medical: H-1 health facilities district.

(6)

Agricultural: A-1 agricultural district.

(7)

Floodplain: F-O flood hazard overlay.

Specific district regulations are set forth in this division and division 2 of this article.

(Code 1993, § 62-176; Ord. No. 1843, § 1(art. II, § 1.2), 2-14-1989)

Sec. 62-218. - Official zoning map.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(Code 1993, § 62-177; Ord. No. 1843, § 1(art. II, §§ 1.1, 1.3, 1.4), 2-14-1989)

Sec. 62-219. - Annexation.

(Code 1993, § 62-178; Ord. No. 1843, § 1(art. IV, § 14), 2-14-1989)

Sec. 62-220. - Vacation of public easements.

(Code 1993, § 62-179; Ord. No. 1843, § 1(art. IV, § 16, art. VII, § 6), 2-14-1989)

Sec. 62-221. - Application of regulation to uses of more restricted district.

(a)

(b)

(Code 1993, § 62-180; Ord. No. 1843, § 1(art. IV, § 1), 2-14-1989)

Sec. 62-222. - Existing buildings and land use.

(Code 1993, § 62-181; Ord. No. 1843, § 1(art. IV, § 2), 2-14-1989)

Sec. 62-223. - Height and density.

(Code 1993, § 62-182; Ord. No. 1843, § 1(art. IV, § 3), 2-14-1989)

Sec. 62-255. - R-1A single-family residential district (rural subdivision district).

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages or part of the main building.

(4)

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public building and public utilities, in conjunction with one of the other permitted uses, and subject to screening requirements in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

(d)

(1)

(2)

Minimum lot frontageat the front building line. Minimum lot frontage at the front building line will be 100 feet for residential and 200 feet for all others.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 25 percent of the lot area on interior lots.

Not more than 30 percent of the lot area on corner lots.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot.

(4)

Maximum height. Maximum height will be 35 feet or 2.5 stories, provided that the height regulations set out in section 62-187 are not broached.

(5)

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

The minimum depth of the front yard shall be 30 feet for residential buildings, and 50 feet for all other buildings.

(6)

Side yard setback. The following requirements shall apply:

For buildings of more than one story, the minimum width of the side yard on all lots shall not be less than ten feet.

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

(7)

Rear yard setbacks. Rear yard setbacks shall be 20 feet or 20 percent of the lot depth.

(Code 1993, § 62-196; Ord. No. 1843, § 1(art. V, § 1), 2-14-1989; Ord. No. 2677, § 1, 4-14-2020)

Sec. 62-256. - R-1B single-family residential district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Public parks or playgrounds.

(3)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(4)

Elementary, junior or senior high school; or other schools, provided they have major street frontage as shown on the major street plan.

(5)

Home occupations, as defined and regulated by this article.

(6)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage as shown on the major street plan.

(5)

Library, provided it has major street frontage as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state/federal agency.

(7)

Operator or host family must reside on the premises.

Bed and breakfast home may not have more than five units or host more than ten overnight guests at one time.

Guests must be within principal structure. Detached buildings and/or garage apartments may not be converted to guest quarters.

Guest may be provided breakfast by the host, but no other meal may be served. There will be no cooking in guest rooms.

(8)

(d)

(1)

Minimum lot area. The following requirements shall apply:

(2)

Minimum lot frontage. The following requirements shall apply:

At the front building line, the frontage will be 50 feet.

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

The frontage of any wedge-shaped lot which meets the requirements of minimum lot size, may be a minimum of 45 feet at the street line.

A minimum lot width of 200 feet at the front building line for all churches, main and accessory buildings (other than dwellings and buildings accessory to dwellings), will be required.

(3)

Maximum percentage of coverage. Maximum by all buildings shall not be greater than 35 percent.

(4)

Maximum height. Maximum height will be no greater than 35 feet.

(5)

Front yard setback. Front yard setback will be no less than 25 feet from the street right-of-way line.

(6)

Side yard setback. The following requirements shall apply:

Churches and main and accessory buildings (other than dwellings and buildings accessory to dwellings) shall set back from all exterior and interior side lot lines a distance of no less than 30 feet.

(7)

Rear yard setback. The following requirements shall apply:

Rear yard setback will be no less than 20 feet.

For buildings more than two stories in height, the minimum rear yard required hereby shall be increased by five feet for each additional story or fraction thereof.

(Code 1993, § 62-197; Ord. No. 1843, § 1(art. V, §§ 2.1—2.4), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 2, 4-14-2020)

Sec. 62-257. - R-1C existing single-family residential district.

(a)

(b)

(1)

(2)

Note: Previously conforming dwelling units destroyed by fire or any act of God may be rebuilt, provided that all aspects of the R-1B area regulations are met.

(Code 1993, § 62-198; Ord. No. 1843, § 1(art. V, § 2.5), 2-14-1989)

Sec. 62-258. - R-2 two-family dwelling (duplex) district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings.

(3)

Public parks or playgrounds.

(4)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(5)

(6)

Home occupations, as defined and regulated by this article.

(7)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in this article:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(6)

Child or day care homes, only as defined in section 62-1.

(7)

Bed and breakfast. (Regulations as outlined in section 62-256(c)(7).)

(8)

(d)

Area regulations.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

For each single-family dwelling and accessory building, there shall be a lot area of no less than 4,500 square feet.

For each two-family dwelling (duplex) and accessory building, there shall be a lot area of no less than 8,000 square feet.

(2)

Minimum lot frontage. The following requirements shall apply:

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on a street for a distance of no less than 45 feet.

All other uses shall have a minimum lot width of no less than 200 feet.

(3)

Maximum percentage of coverage. The following requirements apply:

Main and accessory buildings shall not cover more than 30 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

All other uses shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187.

(5)

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

The minimum depth of the front yard shall be 25 feet for residential uses. All other uses shall have a minimum depth of the front yard of 50 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of any greater depth than 40 feet.

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

(6)

Side yard setback. The following requirements apply:

Interior.

(7)

Rear yard setback. The following requirements apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard of a main building.

(Code 1993, § 62-199; Ord. No. 1843, § 1(art. V, § 3), 2-14-1989; Ord. No. 2022, § 1, 9-13-1994; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 3, 4-14-2020)

Sec. 62-259. - R-3 multiple-family dwelling district.

(a)

(b)

Uses permitted.

(1)

Single-family dwellings.

(2)

Two-family (duplex) residential dwellings, including garage apartments.

(3)

Roominghouses or boardinghouses.

(4)

Multiple-family dwellings, including condominiums, townhouses or apartments.

(5)

Accessory buildings, including private garages, and uses customarily incidental to the primary use.

(6)

(7)

Public parks or playgrounds.

(8)

Home occupations, as defined and regulated by this article.

(9)

Church, provided it has major street frontage as shown on the major street plan, and meets the minimum lot area requirements found in subsection (d) of this section.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with provisions in section 62-129:

(1)

Lodges or other service institutions, provided they are located on a lot of at least one acre, and have major street frontage, as shown on the major street plan.

(2)

Municipal uses; public buildings and public utilities, in conjunction with one of the other permitted uses, subject to screening provisions found in section 62-307.

(3)

Plant nursery, provided no building or structure is maintained and no retailing is conducted in connection therewith.

(4)

Golf course, provided it has major street frontage, as shown on the major street plan.

(5)

Library, provided it has major street frontage, as shown on the major street plan.

(6)

Group homes (as defined), provided they are licensed/controlled by the appropriate state or federal agency.

(7)

Child/day care homes as defined in section 62-1.

(8)

Mobile home/trailer court, allowed only if found to be in compliance with the requirements in subsection (e) of this section.

(9)

(d)

Area regulations. The following requirements shall apply to all permitted uses. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

(2)

Minimum lot frontage. The following requirements apply:

For two-family dwellings (duplexes), the minimum lot width shall be no less than 60 feet at the front building line. The lot shall abut on an open street a distance of no less than 45 feet.

All other nonresidential allowed uses shall have a minimum lot width of not less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply:

Main and accessory buildings shall not cover more than 50 percent of the lot area.

Accessory buildings shall not cover more than 20 percent of the rear yard.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187. There is no limit on multiple-family dwellings.

(5)

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

The minimum depth of the residential front yard shall be 25 feet. All other allowed uses shall be 35 feet.

If 25 percent 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 of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback already so established by the existing buildings. This regulation shall not require a front yard of greater depth than 40 feet.

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

(6)

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

Interior.

For unattached buildings of accessory use, there shall be a side yard of no less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.

(7)

Rear yard setback. For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

(e)

Specific mobile home (trailer) court regulations. The following requirements shall apply:

(1)

(2)

(3)

(4)

(5)

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height, or a screen planting which will attain at least a six-foot to eight-foot height at maturity.

(6)

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

(7)

(8)

All public utilities shall be underground in all courts.

(9)

Trailer courts shall be planned in such a manner that no trailer, or related building, shall be located any closer than 15 feet to any side lot line.

(Code 1993, § 62-200; Ord. No. 1843, § 1(art. V, § 4), 2-14-1989; Ord. No. 2620, § 1, 3-13-2018; Ord. No. 2677, § 4, 4-14-2020)

Sec. 62-260. - C-1 office district.

(a)

(b)

Uses permitted. Property/buildings in an office commercial district shall be used only for the following purposes:

(1)

Barbershop and/or beauty shop.

Business college.

Cleaning/dyeing works.

Fraternal organizations.

Independent living options (retirement centers/elderly complexes).

Lodge halls.

Medical and/or dental clinics.

Museums.

Music conservatory.

Pharmacy.

Professional offices.

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

(2)

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises.

(3)

Accessory buildings and uses customarily incidental to the above uses.

(4)

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in subsection (d)(1) of this section.

(c)

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

(3)

(4)

(5)

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The following requirements apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 63-187 and section 63-189.

(5)

Front yard setback. The following requirements apply: All buildings shall set back from the street right-of-way line to provide a front yard setback of no less than 25 feet in depth.

(6)

Side yard setback. The following requirements apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each one foot of height, or 35 feet.

On a side of a lot adjoining the same commercial district only, there shall be no side yard setback required.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of side setback and rear setback for each two feet of height above 35 feet).

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases:

Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, service court, rear yard or combination thereof of no less than 20 feet.

For those uses specified in section 62-189(3), those setback requirements will apply (i.e., one foot of rear setback and side yard setback for each two feet of height above 35 feet).

(e)

Screening requirements.

(1)

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-201; Ord. No. 1843, § 1(art. V, § 5), 2-14-1989; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-261. - C-2 neighborhood convenience district.

(a)

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions and restrictions:

(1)

Any of the following uses shall be permitted:

Artist supplies and hobby shop.

Bakery shop.

Barbershop and beauty shop.

Bookstore.

Cleaning and dyeing works.

Clothing and wearing apparel shop.

Drugstore.

Financial institution.

Florist shop.

Gift shop.

Grocery store.

Jewelry store.

Laundry and dry cleaning pickup station.

Liquor store.

Medical and dental clinics.

Motor fuel sales only (not intended for service station operations).

Pharmacy.

Professional offices (not including animal clinics/hospitals, and only in specified zones).

Public uses (i.e., fire station, community building, utility building, library, auditorium or municipal building).

Self-service laundries.

Shoe repair shop.

Stockbroker.

Variety store.

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review (UPAR). The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Child care centers (with stipulations). Any child care center authorized under this UPAR shall comply with the following provisions:

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and reinspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(2)

Multi-family residential (with stipulations). Any authorized use shall comply with all standards and provisions of the zoning district, unless specifically allowed by the provisions below:

Conditions of multi-family residential for approval.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The following requirements shall apply: The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. The following requirements shall apply: Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. The following requirements shall apply: No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide a front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-202; Ord. No. 1843, § 1(art. V, § 6), 2-14-1989; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, § 1, 11-28-2023)

Sec. 62-262. - C-3 general commercial district.

(a)

(b)

Uses permitted. Property and buildings in a C-3 general commercial district may be used for the following purposes:

(1)

Artist supplies and hobby shop.

Auditorium.

Bakery.

Bank.

Barbershops and beauty shops.

Bookstore.

Business college.

Bus terminal.

Child care centers (provided stipulations in section 62-261(c) are met).

Cleaning and dyeing works.

Clothing and apparel stores.

Commercial school or hall.

Communications.

Dance hall.

Department store.

Electrical repair shop.

Financial institutions.

Florist shop.

Fraternal organizations.

Frozen food locker.

Furniture store; repair and/or upholstery.

Funeral parlor or mortuary.

General offices.

Gift shop.

Grocery.

Hotel.

aa.

Interior decorating store.

bb.

Jewelry store.

cc.

Key shop.

dd.

Laundry/drycleaning pickup stations.

ee.

Leather goods shop.

ff.

Liquor store.

gg.

Lodge halls.

hh.

Medical/dental clinics/facilities.

ii.

Messenger and telegraph service.

jj.

Motel and motor inns.

kk.

Motor fuel sales only (not intended for service station or mechanic operations).

ll.

Museums.

mm.

Music conservatory.

nn.

Music, radio or television shop/repair.

oo.

Nightclub.

pp.

Nursery or garden supply store.

qq.

Office supply.

rr.

Pawn shop.

ss.

Pet shop (not including veterinarian clinic/hospital).

tt.

Pharmacy.

uu.

Printing and stationery store.

vv.

Professional offices.

ww.

Research laboratories.

xx.

Restaurant.

yy.

Self-service laundry.

zz.

Sewing machine repair.

aaa.

Shoe repair shop.

bbb.

Sign printing shop.

ccc.

Sporting goods store.

ddd.

Stock and bond broker.

eee.

Tavern.

fff.

Telephone and telegraph offices.

ggg.

Theatre.

hhh.

Toy store.

iii.

Variety store.

jjj.

Youth recreation center.

(2)

Any public buildings or uses, including fire stations, community buildings, utility buildings, libraries or municipal buildings.

(3)

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

New and/or used automobile sales and/or service.

(2)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

There are no minimum lot area requirements.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. There are no minimum lot frontage requirements.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 90 percent of the lot area.

(4)

Maximum height. There are no maximum height requirements.

(5)

(6)

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

Screening shall consist of an opaque (solid) fence or wall no less than five feet high and no more than eight feet high. It shall be maintained in good condition along said lot line. The materials used in the construction of said screening shall be greatly compatible with the same materials used in the construction of the structure itself. Great care should also be exercised to provide for aesthetic compatibility of any adjacent businesses in the district. Although the material is not required to be identical, the similarity should extend to color, proportion, style, texture, etc., sufficiently so as to be aesthetically compatible in nature.

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-203; Ord. No. 1843, § 1(art. V, § 7), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-263. - C-4 restricted commercial district.

(a)

(b)

(1)

Artist supplies and hobby shop.

Bakery.

Barbershop and beauty shop.

Bookstore.

Business college.

Car wash.

Child care center (with stipulations as shown).

Cleaning and dyeing works.

Clothing and wearing apparel shops.

Dairy products store.

Delicatessen.

Department store.

Drugstore.

Financial institutions.

Florist shop.

Fraternal organizations.

Funeral parlor/mortuary.

Gasoline or filling station.

General offices.

Gift shop.

Grocery store.

Hardware store.

Health spa.

Independent living options (retirement centers/elderly complexes).

Jewelry store.

Key shop.

aa.

Lawn mower repair shop.

bb.

Laundry/dry cleaners pickup stations.

cc.

Liquor store.

dd.

Lodge halls.

ee.

Medical/dental clinics.

ff.

Museums.

gg.

Music conservatory.

hh.

New and used automobile sales and/or service.

ii.

Pet stores.

jj.

Professional offices.

kk.

Restaurants.

ll.

Retail furniture store.

mm.

Self-service laundry.

nn.

Sign printing shop.

oo.

Shoe repair shop.

pp.

Small engine repair.

qq.

Sporting goods store.

rr.

Stockbroker.

ss.

Tailor shop.

tt.

Variety store.

uu.

Veterinarian clinic.

vv.

Ambulance operations, office and garage (no mechanical work).

(2)

Accessory buildings and uses customarily incidental to the above uses.

(3)

Any public buildings or uses, including fire stations, community buildings, utility buildings, library, auditorium or municipal building.

(4)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown in section 62-259(d)(1)d.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129:

(1)

Multi-family residential (with stipulations). Any use authorized shall comply with all standards and provisions of the zoning district, unless specifically modified by the provisions below:

Multiple-family residential moderate intensity: A development with between three and eight dwelling units attached in a single structure in any vertical or horizontal arrangement of which is designed to be occupied as a separate residence for one family. Typical uses include a triplex, a fourplex, townhouses and low-rise apartments.

The conditions for approval of multi-family residential as set forth in subsection 62-261(c)(2).

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 12,000 square feet.

The minimum lot area for rezoning to a C-4 (restricted commercial district) shall not be less than 50,000 square feet.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area.

(4)

Maximum height. No building shall exceed 2.5 stories or 35 feet in height, except as provided in section 62-187 and section 62-189.

(5)

Front yard setback: The following requirements shall apply:

All buildings shall set back from all street right-of-way lines to provide front yard setback no less than 25 feet in depth.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard setback: The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district only, there shall be a side yard setback of no less than one foot per each foot of height, or a minimum of ten feet.

On a side of a lot adjoining the same commercial district or another commercial district, there shall be no side yard setback required.

If and when motor fuel is sold in this district, fuel pumps may not be placed closer than 11 feet to any property line, nor closer than 15 feet to any building.

(7)

Rear yard setback. There shall be no rear yard setback requirements except in the following cases: Where a commercial building is to be serviced from the rear, there shall be provided an unobstructed alleyway, rear yard, or combination thereof of no less than 20 feet.

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle clearance requirements at intersections.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and said adjacent street.

(3)

(f)

(g)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-204; Ord. No. 1843, § 1(art. V, § 8), 2-14-1989; Ord. No. 2080, § 1, 3-24-1998; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021)

Sec. 62-264. - C-5 highway commercial and commercial recreation district.

(a)

(b)

Uses permitted.

(1)

Any use permitted in the C-1, C-2, C-3 or C-4 commercial districts.

(2)

Additional uses include:

Ambulance service, office and garage.

Amusement enterprises.

Automobile service station.

Boat sales.

Bowling alleys.

Building material store, retail and wholesale.

Bus terminal.

Drive-in theatre or restaurant, standard theatre.

Feed and fuel store.

Food stores.

Frozen food locker.

Furniture repair and upholstery.

Garden centers/stores.

Golf course, miniature or practice range.

Heating/plumbing sales and service.

Humane Society animal shelter.

Ice plant.

Key shop.

Kennels.

Motels or motor inns.

New and/or used automobile/truck sales and/or service.

New and used machinery sales and service.

Nightclubs.

Novelty shop.

Pawnshop.

Recreation center, private.

aa.

Research laboratories.

bb.

Roller skating rink.

cc.

Storage warehouse.

dd.

Tavern.

ee.

Travel trailer park and sales.

ff.

Veterinarian clinic and/or hospital.

gg.

Wholesale distributing center.

(3)

(4)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration or traffic than those above.

(5)

Churches, provided they have major street frontage as shown on the major street plan, and meet the minimum lot area requirements as shown heretofore in section 62-259(d)(1)d.

(6)

Mobile home courts, in compliance with the following requirements:

The proposed site shall have a front yard of not less than 20 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet solid fencing, screen planting or wall of six feet in height.

The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.

The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each two mobile home stands.

(7)

Multi-family residential, in compliance with the following requirements.

Multi-family dwellings are subject to the lot and building regulations of the zoning district, except as otherwise expressly modified by the supplementary regulations of this section.

Façade. The front façade of new multi-family structures may not exceed 120 feet in width.

(c)

Uses permitted after review. The following uses may be permitted after review by the city planning commission in accordance with the provisions contained in section 62-129: None.

(d)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than 10,000 square feet.

The minimum lot area for rezoning to a C-1 (office commercial district) shall not be less than 25,000 square feet.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 70 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement for this district.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 50 feet to provide front yard setback.

(6)

Side yard setback. On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

(e)

Screening requirements. The following requirements shall apply:

(1)

In this district, a screening shall be required between any adjacent or adjoining residential district and any area of storage, parking, shipping or receiving of goods; or any other business activity other than pedestrian traffic, as long as said screening does not interfere with the sight triangle intersection clearance requirements.

(2)

Where a service area for a building is adjacent to a street, screening shall be required between any area of storage, shipping or receiving of goods or refuse and the adjacent street.

(3)

(f)

Parking requirements. Parking requirements shall follow those regulations set out in article VI of this chapter.

(Code 1993, § 62-205; Ord. No. 1843, § 1(art. V, § 9), 2-14-1989; Ord. No. 2530, § 1, 2-24-2015; Ord. No. 2710, § 1, 3-23-2021; Ord. No. 2791, 1, 11-28-2023; Ord. No. 2819, § 1, 8-27-2024)

Sec. 62-265. - Planned unit development.

(a)

Planned unit development shall be permitted when, in the opinion of the planning commission, the following objectives are achieved:

(1)

To promote a flexible but unitary site development plan for residential development.

(2)

To permit a clustering of dwelling units at appropriate gross densities for the preservation of existing landscape features and to promote the most efficient possible use of open space.

(3)

To combine and coordinate building forms and building relationships within the planned unit developments.

(4)

To encourage innovative development of smaller parcels of land that have been passed over.

(5)

To ensure a quality of construction and public improvements commensurate with other quality development within the city.

(6)

To provide a choice in the types of ownership, and community facilities available to existing and potential residents.

(7)

(b)

The minimum area required to qualify for a planned unit development shall be one contiguous acre of land.

(c)

Planned unit development shall be subject to the following area regulations:

Requirements*	R-1B district	R-2 district	R-3 district	C-1 district
Individual lot, square feet	3,250	3,250	1,500	1,500
Minimum area in PUD per individual platted lot, square feet	6,000	4,000	1,500	1,500
Lot width, minimum, feet	20	20	20	20
Yards, minimum	None	None	None	None
Floor area ratio, maximum
PUD	0.30	0.30	0.40	0.80
Individual lot	0.40	0.50	0.60	1.20
Maximum coverage of individual lot, percent	40	40	50	50

_____

(d)

(1)

The general outlines of the interior roadway system and all existing rights-of-way and easements.

(2)

The general extent, size and composition in terms of the total number of dwelling units and the approximate percentage allocation by dwelling unit type.

(3)

A calculation of the residential density in dwelling units per gross acre including interior roadways.

(4)

The interior open space system.

(5)

Proposed treatment of the perimeter of the PUD.

(e)

(1)

(2)

The proposal shall meet the objectives as expressed in subsection (a) of this section.

(3)

The design must be properly related to proposed and existing land uses of adjacent properties.

(4)

The design shall give proper attention to internal detailing, including layout of streets, lots, and blocks that, at a minimum, reflect urban design principles of the city subdivision regulations.

(f)

The following materials shall be submitted with an application for a use permissible on review:

(1)

Site development plan and supporting maps.

The existing site conditions including contours at two-foot intervals, floodplains, watercourse, and existing vegetation.

Proposed lot lines and building lines.

The location and maximum floor area size of all existing and proposed buildings, structures, and other improvements including maximum height, density and types of dwelling units.

Existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.

A general landscape plan indicating the treatment of materials used for private and common open spaces.

Proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences and walls.

(2)

Written documents.

(3)

Preliminary plat. The preliminary plat shall, at a minimum, incorporate urban design principles, and shall be presented separate from the required site development plan and supporting maps.

(g)

(1)

Violate any provision of this article.

(2)

Vary any lot area as indicated on the preliminary plat by more than ten percent.

(3)

Increase the ground area covered by buildings on any lot as depicted by the site development plan by more than five percent.

(4)

Realign any street, sidewalk, or bicycle path.

(5)

Change the location of any building or structure by more than ten feet in any direction.

(h)

(i)

(Code 1993, § 62-206; Ord. No. 1843, § 1(art. V, § 10), 2-14-1989)

State Law reference— Planned unit developments, 11 O.S. § 43-110 et seq.

Sec. 62-266. - I-1 light industrial district.

(a)

(b)

Uses permitted.

(1)

Bottling works.

(2)

Building materials manufacturing, storage, distribution and pole yards.

(3)

Commercial trade and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.

(4)

Compounding, processing and blending chemical products, but not including any materials which decompose by detonation.

(5)

Dairy products, products and distribution.

(6)

General and administrative offices incidental to permitted uses.

(7)

Machine shops and metal products manufacture and tool and dye shops, provided they do not include any of the following equipment: automatic screw machines, drop forges or riveting machines.

(8)

Mail order houses.

(9)

(10)

Manufacturing and assembling electrical and electronic products and equipment.

(11)

Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing or testing any of the following materials, goods or merchandise: apparel clothing, jewelry, or optical goods.

(12)

Printing and binding plants.

(13)

Public utility distribution centers.

(14)

Research laboratories.

(15)

Warehouses and storage facilities.

(16)

Water filtration plants, pumping stations, reservoirs, and lift stations.

(17)

Any other manufacturing process or establishment which can operate in compliance with the aforementioned requirements.

(18)

Accessory uses incidental to and on the same zoning lots as a principal use.

(19)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

Required development standards.

(1)

No building shall be used for residential purposes except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except as incidental to or accessory to or associated with a permitted use.

(3)

(4)

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.

(5)

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.

(6)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(7)

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(8)

(9)

(10)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

(1)

Child care centers are not to be located in single-family dwellings which are the permanent residence (domicile) of the operator.

(2)

(3)

(4)

The child care center shall meet city/county/state health requirements as to safety, design, facilities, equipment and licensing of the features. All child care centers shall be inspected by the state department of human services, city fire marshal, building inspectors, and the city planner, or their designees, prior to licensing, and other inspections may occur during the licensing period. The interior and exterior of all buildings shall comply with the city building codes.

(5)

(6)

A license shall be obtained from the state department of human services and all requirements relative to their standards must be adhered to.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current minimum lot area requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There are no current maximum height requirements.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

(Code 1993, § 62-207; Ord. No. 1843, § 1(art. V, § 11), 2-14-1989; Ord. No. 1876, § 1, 2-25-1992; Ord. No. 2580, § 1(62-207), 10-11-2016)

Sec. 62-267. - I-2 heavy industrial district.

(a)

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions or restrictions:

(1)

Any use permitted in the I-1 light industrial district, including:

Automobile wrecking and junkyards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight feet in height.

Blacksmiths, tinsmiths and sheet metal shops.

Bulk fuel sales and storage.

Canning or preserving factories.

Coal storage plants.

Heavy machinery rental, sales and service.

Machine/welding shops.

(2)

Manufacturing, fabricating, assembling, repairing, storing, cleaning, servicing or testing any of the following materials, goods or merchandise:

Beverages (nonalcoholic), processing and bottling.

Building materials specialties.

Compounding or processing, blending, packaging or storing of chemical products, but not including any products which decompose by detonation.

Cosmetics and toiletries.

Drugs and pharmaceutical products.

Electrical and acoustic products and components.

Food products (except fish, sauerkraut, vinegar and yeast).

Furniture.

Glass products.

Ice, dry and natural.

Medical laboratory supplies, equipment and specialties.

Metal products and utensils.

Musical instruments.

Paper products, including boxes and containers.

Radio, phonograph recorder and television sets and parts.

Textiles.

Toys and children's vehicles.

Trailers and carts.

Wood products, including boxes and containers.

(3)

Monument stone cutting.

(4)

Motor freight terminals.

(5)

Pattern shops.

(6)

Printing plants.

(7)

Processing of meat and vegetable products, including animal slaughter.

(8)

Soldering and welding shops.

(9)

Sign painting.

(10)

Spray painting and mixing.

(11)

Railroad yards and switching areas, including loading and sleeping facilities for transient railroad labor.

(12)

Any other industrial use provided it meets the standards in subsection (c) of this section.

(13)

Any public buildings or uses, inclusive of but not limited to fire stations, community buildings, utility buildings, libraries, auditoriums or municipal buildings.

(c)

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

(3)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residential district.

(4)

(5)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(d)

Uses permitted after review. No current uses are listed as requiring review.

(e)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. There are no current lot area minimum requirements.

(2)

Minimum lot frontage. There are no current minimum frontage requirements.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 60 percent of the lot area.

(4)

Maximum height. There is no current maximum height requirement.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 35 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another industrial district zoned lot, the side yard setback shall be no less than 25 feet.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

Rear yard setback. There are no current rear yard setback requirements.

(f)

Parking requirements. Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards; public utility buildings; contractor's equipment and lumber yards; research laboratories; business service establishments, such as blueprinting and printing and engraving; binding, publishing and issuing newspapers or other reading matter; soft drink bottling establishments; laundry and dry cleaning plants; fabricating plants; and all other structures devoted to similar mercantile or industrial pursuits and not otherwise specifically classified shall be provided with two parking spaces for each 500 square feet of floor space, whichever requires the greater number of spaces.

(Code 1993, § 62-208; Ord. No. 1843, § 1(art. V, § 12), 2-14-1989; Ord. No. 2580, § 1(62-208), 10-11-2016)

Sec. 62-268. - H-1 health facilities district.

(a)

General description. The purpose of the H-1 health facilities district shall be to provide a separate location exclusively for medical and health facilities and related uses thereof.

(b)

Uses permitted. Property and buildings located in an H-1 health facilities district shall be used only for the following purposes:

(1)

Dependent life care facilities (convalescent; nursing; rest homes).

(2)

Hospital.

(3)

Public health center.

(4)

Sanatorium.

(5)

Accessory buildings and uses customarily incidental to the above uses.

(c)

Uses permitted after review. Supporting facilities, necessary in conjunction with the existing health facility, may be permitted only after review by the city planning commission, as follows:

(1)

Ambulance service.

(2)

Artificial limbs and braces; sales and service.

(3)

Barbershop and beauty shop.

(4)

Dental laboratory or supply house.

(5)

Drugstores.

(6)

Hotel and motel.

(7)

Medical clinic or dental clinic.

(8)

Orthopedic appliance sales.

(9)

Pharmacy.

(10)

Restaurant.

(11)

Nameplate or sign relating only to the use of the store and premises, or to products sold on the premises.

(12)

Accessory buildings and uses customarily incidental to the above uses.

(d)

Area regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements:

(1)

Minimum lot area and use intensity. Minimum lot area for an H-1 health facilities district shall not be less than 50,000 square feet.

(2)

Minimum lot frontage. There are no current requirements for minimum lot frontage.

(3)

Maximum percentage coverage. The following requirements shall apply:

No more than 40 percent of floor space may be devoted to incidental uses.

There are no current other maximum coverage percentage requirements.

(4)

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

When abutting another health facilities district zoned lot, the side yard setback shall be no less than one foot setback for each one foot in height.

On a side of a lot adjoining a residential dwelling district, there shall be a side yard setback of no less than one foot per each foot of height.

(7)

(e)

Parking requirements. The following requirements shall apply:

(1)

(2)

(Code 1993, § 62-209; Ord. No. 1843, § 1(art. V, § 13), 2-14-1989)

Sec. 62-269. - A-1 agricultural district.

(a)

(b)

Uses permitted. No buildings or uses hereafter shall be established or enlarged within the A-1 agricultural district, except as a building or use devoted to one of the following purposes:

(1)

Agriculture, as defined in this article.

(2)

Single-family dwellings.

(3)

Churches and temples.

(4)

Elementary schools and high schools.

(5)

Golf courses, but not including golf driving ranges, pitch and putt courses or miniature golf courses.

(6)

Parks and forest preserves, operated not-for-profit.

(7)

Temporary buildings and uses for construction purposes only, and not for dwelling purposes nor for a period that exceeds the completion of the construction.

(8)

Accessory buildings or uses incidental to the foregoing principal uses.

(9)

Municipal or community recreation centers.

(10)

Police or fire stations.

(11)

Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries or museums.

(12)

Public or not-for-profit auditoriums, stadiums, arenas, armories or sanitoriums.

(13)

Public or private schools or colleges.

(14)

(c)

Uses permitted after review. No current uses are listed as requiring review.

(d)

Area regulations. The following requirement shall apply to all uses permitted. All lots shall comply with the specific lot definition and yard definition found in section 62-1.

(1)

Minimum lot area and use intensity. The following requirements shall apply:

The minimum lot area for this district shall be no less than two acres.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard area required in the R-1B district under churches, and the off-street parking areas required in section 62-469.

(2)

Minimum lot frontage. The minimum lot frontage for this district shall be no less than 100 feet.

(3)

Maximum percentage of coverage. Main and accessory buildings shall not cover more than 30 percent of the lot area.

(4)

Maximum height. No buildings shall exceed 2.5 stories or 35 feet in height, except as provided in sections 62-187 and 62-189.

(5)

Front yard setback. All buildings shall set back from all property lines no less than 60 feet to provide front yard setback.

(6)

Side yard setback. The following requirements shall apply:

Interior. The interior side yard setback shall be no less than 20 feet.

Other. The side yard setback shall be no less than 60 feet in every other case.

(7)

Rear yard setback. The following requirements shall apply:

For main buildings, other than garage apartments, there shall be a rear yard of no less than 20 feet or 20 percent of the depth of the lot, whichever is smaller.

Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line.

Unattached buildings of accessory use may be located in the rear yard.

(Code 1993, § 62-210; Ord. No. 1843, § 1(art. V, § 14), 2-14-1989)

Sec. 62-270. - Specific district regulations.

(a)

(b)

Intent and purpose. The purposes of this section are to:

(1)

Provide a framework for the creation of special regulations.

(2)

Provide categorization of all special regulations which may be adopted as a result of the enabling legislation provided herein.

(3)

Provide guidelines for the application of all special regulations created to ensure conformity with the objectives of good planning and zoning practices.

(c)

(d)

(Code 1993, § 62-211; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-271. - Wyandotte Avenue corridor development.

(a)

Creation. There is hereby created the Wyandotte Avenue corridor development ("WA").

(b)

(c)

(1)

Lots south of the East/West alley in blocks 399, 400, 401, 402 and 403.

(2)

All of blocks 420, 421, 422, 423, 424, 449, 450, 451, 452 and 453.

(3)

The north half of blocks 470, 471, 472, 473 and 474.

(d)

Zoning districts allowed. The following zoning district developments may be constructed without review:

(1)

R-1B and R-2 zoning districts.

(2)

Zoning districts allowed on portions of the WA district having frontage on Wyandotte Avenue: R-1B, R-2, C-1, C-2, C-3, and C-4.

(e)

Access allowance.

(1)

(2)

(f)

(g)

(Code 1993, § 62-212; Ord. No. 2026, § 1, 10-25-1994)

Sec. 62-272. - Wade Watts corridor development.

(a)

Creation. There is hereby created the Wade Watts Avenue corridor development district ("WW district").

(b)

(c)

(d)

Uses permitted.

(1)

R-1B single-family residential when the underlying zoning is R-1B;

(2)

C-2 neighborhood convenience commercial when the underlying zoning is C-2;

(3)

C-5 highway commercial and commercial recreation when the underlying zoning is C-5.

(e)

Uses permitted after review.

(1)

Barbershop and/or beauty shop;

Medical and/or dental clinics;

Pharmacy;

Professional offices;

Public uses;

Financial institution;

Florist/gift shops;

Grocery store;

Motor fuel sales only (no service station);

Variety store;

Pet shop (not including veterinarian clinics);

Restaurant;

Self-service and/or full-service laundry;

Car wash;

Funeral facilities;

Carpet and floor covering sales, retail;

(2)

Accessory buildings or uses customarily incidental to the allowed uses.

(3)

Any public building or use.

(4)

Churches, provided they have major street frontage as shown on the major street plan and meets requirement for off-street parking.

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition and definition found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this WW district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 75 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be 2.5 stories.

(5)

Front yard setback. The following requirements shall apply:

All buildings shall set back from the street right-of-way lines not less than 25 feet.

When motor fuel is sold in this district, fuel pumps shall be no closer than 11 feet to any property line, nor closer than 15 feet to any building.

(6)

Side yard. The following requirements shall apply:

On any side, the lot adjoining a residential district, the side yard shall be a minimum of ten feet.

On any side that is adjoining this district or another commercial district there shall be no side yard setback required.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

(1)

(2)

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

(3)

To develop signage that compliments to visual appeal of this district.

(h)

Access allowance.

(1)

(2)

(i)

Landscaping and screening.

(1)

Purpose. To provide a visually appealing and ecologically sound district and ensure the purpose of the WW corridor is accomplished.

(2)

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed materials.

(3)

(4)

(Code 1993, § 62-213; Ord. No. 2195, § 1, 6-28-2005; Ord. No. 2218, § 1, 12-13-2005; Ord. No. 2350, § 1, 3-9-2010; Ord. No. 2586, § 1, 11-8-2016)

Sec. 62-273. - Downtown and Old Town loft apartment overlay district.

(a)

Creation. There is hereby created the Downtown and Old Town loft apartment overlay district ("loft district").

(b)

(1)

(2)

(c)

General provisions and descriptions. The loft district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

(2)

Old Town loft district area includes the area defined by: East and west side of Main Street from 2600 North Main to the south side of East Smith Avenue.

(3)

More particularly, this area as described: The Downtown loft district area includes the following platted lots and blocks of the original plat of the city:

Lots south of the east/west alley in blocks 318, 319 and 321 and lots 5, 6 and 7 in block 320.

Lots 4 and 5 in block 344; lots 1 through 7 in block 345; lots 7 through 11 in block 346; and all of blocks 347, 348, 349, 350, 359, 360, 361, 362, and 363.

All of blocks 378, 379 and 380, lots 1, 2, and 3 in block 393; lots 1, 2, S1, S2, S3, S4, B1, B2, B3, and B4 in block 394; and lots 1, 2, 3, and 4 in block 395.

(4)

(5)

(6)

(d)

Uses permitted.

(1)

C-3, general commercial district;

(2)

R-3, multiple-family dwelling district for lots 4 and 5 in block 348 only; and

(3)

Single-family, two-family and multiple-family residential dwellings on the upper stories of existing buildings.

(e)

(Ord. No. 2529, § 1, 2-10-2015)

Sec. 62-274. - Cottage house development overlay district.

(a)

Creation. There is hereby created the cottage house development overlay district ("cottage district").

(b)

(c)

General provisions and descriptions. The cottage district and its regulations may be applied to property located within the general boundaries of the district as described below:

(1)

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

(d)

(1)

Required courtyards and common open space areas must have cottage houses abutting on at least two sides.

All cottage houses must be located within 75 feet walking distance of a required courtyard or common open space area.

(2)

(3)

(4)

Building setbacks. All buildings within a cottage house development must comply with the minimum building setbacks from the exterior boundary of the development as follows:

Front yard setback will be no less than 25 feet from the street right-of-way line.

Side yard setback will be no less than five feet on interior lots and no less than 25 feet from the street right-of-way-line for corner lots.

No rear yard setback is required from an alley right-of-way line.

(5)

(6)

(7)

Vehicular access and parking. Vehicular access to parking areas serving cottage houses within the development may come from the street, an alley or a private drive.

Common parking areas containing four or more spaces must be screened from view of abutting residentially zoned lots in accordance with the screening fence or wall standards of section 62-459.

(8)

Windows, including bay windows;

Dormers;

Changes in exterior siding material or paint color.

(9)

(10)

(Ord. No. 2614, § 1, 1-9-2018; Ord. No. 2677, § 5, 4-14-2020)

Sec. 62-275. - Medical development overlay district.

(a)

Creation. There is hereby created the medical overlay district ("medical district").

(b)

(c)

General provisions and descriptions. The district and its regulations may be applied to the following:

(1)

(2)

More particularly the area as described includes the following platted lots and blocks of the original plat of the city:

All of Blocks 62, 63, 106, 107, 112, 113, 153, 154, 159, 200, 206, 207, 208, 209, 210, and 211, all in South McAlester;

Lots north of the east/west alley in Blocks 243, 244, 246, and 247, all in South McAlester; and

Lots south of the east/west alley in Block 212, all in South McAlester.

(d)

(e)

(1)

(2)

Medical staff facilities and similar uses, including and not limited to administrative offices, educational and meeting facilities.

(3)

Cafeterias and food service within health care buildings and standalone restaurants or cafe.

(4)

Childcare and adult care services, including respite care

(5)

Health care related retail uses, including and not limited to pharmacy, florist/gift shops, medical supplies, prosthetics, equipment and/or appliance sales

(6)

Short term residential uses dependent upon or directly related to medical care, including and not limited to, convalescent care, skilled nursing, group homes for the disabled, rest homes.

(7)

Hotel, motel, guest house or similar short-term overnight accommodations

(8)

Multi-family housing for healthcare staff and students

(9)

(f)

Area regulations. The following requirements shall apply to all uses permitted. All lots shall comply with specific lot definition as found in section 62-1.

(1)

Minimum lot area and use intensity. The minimum lot area for this district shall not be less than 12,000 square feet. (The 50,000 square-foot requirement does not apply to this medical district.)

(2)

Minimum lot frontage. The minimum lot frontage shall be not less than 60 feet.

(3)

Maximum percentage coverage. Main and accessory buildings shall not cover more than 75 percent of lot.

(4)

Maximum height. The maximum height shall be two and one-half stories.

(5)

Front yard setback. All buildings shall set back from all street right-of-way lines no less than 25 feet to provide front yard setback.

(6)

Side yard. The following requirements shall apply:

On a side of a lot adjoining a residential dwelling district, the side yard shall be a minimum of ten feet.

On any side that is adjoining another health facilities district zoned lot or another commercial district there shall be no less than one foot setback for each one foot in height.

(7)

Rear yard. When building will be serviced from the rear, a minimum of 20-foot setback shall be provided. Where there is no rear service, there will be no rear setback required.

(g)

Special development standards.

(1)

To correct deteriorating areas and structures through their revitalization, redevelopment and/or screening.

To develop signage that compliments the visual appeal of this district.

(2)

Access allowance.

Primary access. The development must have frontage and provide primary access onto either East Monroe Avenue, East College Avenue, or North Strong Boulevard.

(3)

Landscaping and screening.

Purpose. To provide a visually appealing and ecologically sound district and ensure that landscaping enhances the building architecture and any other on-site landscaping.

Plan. A landscape plan shall accompany any application within this district. The plan shall show the location, size, spacing and quality of all existing and proposed plants and materials.

(4)

Standards for retail uses and eating and drinking establishments.

An outdoor seating/eating area may be included, provided the outdoor area is screened from residentially zoned properties.

(Ord. No. 2680, § 1, 2-11-2020)

Sec. 62-293. - Open space.

(a)

No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.

(b)

(c)

(d)

(e)

(f)

(g)

An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(h)

A private garage located in an R zone shall not be used for storage of more than one commercial vehicle which does not exceed 1.5 tons rated capacity, per family living on the premises.

(i)

(j)

(Code 1993, § 62-276; Ord. No. 1843, § 1(art. IV, § 4), 2-14-1989)

Sec. 62-294. - Height.

The following regulations set forth in this section qualify or supplement, as the case may be, the specific district regulations appearing in this article:

(1)

(2)

(3)

(4)

No building or land shall be used or occupied hereafter in excess of the density regulations for that district.

(Code 1993, § 62-277; Ord. No. 1843, § 1(art. IV, § 5), 2-14-1989)

Sec. 62-295. - Placement of buildings.

(Code 1993, § 62-278; Ord. No. 1843, § 1(art. IV, § 6), 2-14-1989)

Sec. 62-296. - Street access.

(Code 1993, § 62-279; Ord. No. 1843, § 1(art. IV, § 7), 2-14-1989)

Sec. 62-297. - Storage and parking of trailers and commercial vehicles.

(a)

(1)

(2)

A trailer shall not be parked or stored for more than 48 hours unless it is appropriately located behind the front yard building line.

Inside parking shall be permitted.

Outside parking in the rear yard, as defined in the zoning ordinance, shall be permitted.

It shall be the duty and responsibility of such owner to have the vehicle or trailer registered and tagged annually as required by state law.

Parking is permitted for motor homes, travel trailers, or camper trailers in accordance with the following conditions and provisions:

No propane fuel is used except when necessary to prepare for use.

Not used for storage of goods, materials or equipment other than those items considered to be part of the motor home, travel trailer or camper trailer, or essential for its immediate use.

(b)

A motor home, travel trailer, or camper trailer shall be occupied only in a RV park, trailer court or mobile home park in conformity with the ordinances of the city.

(c)

A mobile or manufactured home shall be stored or parked only in a trailer court or mobile home park which is in conformity with the ordinances of the city.

(d)

No vehicle or trailer of any kind shall be parked on any corner property or right-of-way in such a position as to violate the sight triangle required by ordinance.

(Code 1993, § 62-280; Ord. No. 1843, § 1(art. IV, § 8), 2-14-1989; Ord. No. 2648, § 1, 3-26-2019)

Sec. 62-298. - Group housing projects.

(Code 1993, § 62-281; Ord. No. 1843, § 1(art. IV, § 9), 2-14-1989)

Sec. 62-299. - Development time limits; rezoning application.

(Code 1993, § 62-282; Ord. No. 1843, § 1(art. IV, § 10), 2-14-1989)

Sec. 62-300. - Existing lots of record.

(1)

There must be provided a minimum lot width of 50 feet.

(2)

There must be provided a minimum of ten feet in side yards with five feet on any one side.

(3)

The front and rear yards must comply with the requirements set forth for the zoning district within which the lot of record is located.

(Code 1993, § 62-283; Ord. No. 1843, § 1(art. IV, § 11), 2-14-1989)

Sec. 62-301. - Storage of liquefied petroleum gases.

(Code 1993, § 62-284; Ord. No. 1843, § 1(art. IV, § 12), 2-14-1989)

Sec. 62-302. - Trailer parks.

Trailer parks shall be constructed in accordance with the requirements of the ordinances of the city relating thereto.

(Code 1993, § 62-285; Ord. No. 1843, § 1(art. IV, § 13), 2-14-1989)

Sec. 62-303. - New commercial district areas.

(Code 1993, § 62-286; Ord. No. 1843, § 1(art. IV, § 15), 2-14-1989; Ord. No. 2791, 1, 11-28-2023)

Sec. 62-304. - Industrial pilot plants.

(Code 1993, § 62-287; Ord. No. 1843, § 1(art. IV, § 17), 2-14-1989)

Sec. 62-305. - Temporary location of mobile homes.

(a)

(b)

Mobile home sales offices. Mobile homes that are used as sales offices shall be allowed only on property where mobile homes or travel trailers are being sold.

(c)

(Code 1993, § 62-288; Ord. No. 1843, § 1(art. IV, § 18), 2-14-1989; Ord. No. 2813, § 1, 7-23-2024)

Sec. 62-306. - Satellite communication antennas.

(a)

Specific aesthetic standards by which the proliferation of satellite dish (communication) antennas may be regulated, are hereby adopted to accomplish the following:

(1)

Clearly define aesthetic objectives to protect residential neighborhoods.

(2)

Define reasonable safety considerations for the general populace.

(3)

Allow satellite operations in such a manner as not to impose unreasonable governmental limitations on reception of satellite-delivered signals by antennas.

(4)

Allow municipal regulation of satellite transmission antennas in such a manner as not to impose excessive costs upon users.

(5)

Continue to utilize accepted yard requirements that promote a homogeneous character in surroundings, and provide a certain amount of open space on each residential lot.

(6)

Orient activities and uses to appropriate locations on residential lots.

(b)

Satellite antennas may be permitted as an accessory use only in residential districts (R-1B, R-2, R-3), provided the following standards are met:

(1)

The antenna shall not be permitted as a primary use on a lot.

(2)

The antenna shall be ground mounted, and located in the rear yard only.

(3)

(4)

(c)

(d)

All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(e)

Only one satellite dish antenna may be permitted per lot, and shall be used only for private noncommercial purposes.

(f)

Special exception uses: Roof-mounted satellite dish antennas up to 12 feet in diameter may be allowed in residential districts, subject to the following criteria:

(1)

(2)

The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.

(3)

(g)

(Code 1993, § 62-289; Ord. No. 1843, § 1(art. IV, § 19), 2-14-1989)

Sec. 62-307. - Utility screening requirements.

(Code 1993, § 62-290; Ord. No. 1843, § 1(art. IV, § 20), 2-14-1989)