This article describes the special conditions under which certain uses are permitted in a zoning district when reference is made to one (1) or more of such sections in the "Special Conditions" column in the tables of permitted uses. In all instances where a special zoning permit from the board of adjustment is required as set forth in sections 26-33 to 26-40 and where the meeting of special conditions is required, such permit shall not be granted before the board of adjustment has made a finding to the effect that the proposed use, as described in applications, plans or other documents submitted by the applicant for such permit, will meet such conditions.

(Ord. No. 1124, § 1(28-10.1), 6-18-79)

Any airport, aircraft landing strip or heliport shall be located no nearer than six hundred (600) feet to any other property in a residential district; shall provide runways or other landing spaces only so located and oriented that aircraft landing and taking off do not normally pass directly over a residential district below two hundred (200) feet; and shall be so located that air or land traffic shall not constitute a nuisance to neighboring uses. Proponents shall also show that adequate measures will be taken to prevent offensive dust, noise, vibrations and bright lights; and that the field in question meets the standards of the Federal Aviation Agency for the particular class of field proposed to be developed.

(Ord. No. 1124, § 1(28-10.2), 6-18-79)

Animal husbandry, dairying, and pasturage; animal hospital; commercial kennels; livestock sales; riding academy; public stable; veterinarian's office in those districts where permitted, shall be subject to the following regulations:

(1)

Animal husbandry, dairying, and pasturage. Animal husbandry, dairying and pasturage, but not including the keeping of swine, shall have a minimum lot area of not less than one (1) acre and shall have not less than twenty thousand (20,000) square feet of lot area for each head of livestock kept on the premises.

(2)

Animal hospital, pound, or shelter; commercial kennel for cats or dogs; livestock sales or feeding facilities; riding academy; public stable; veterinarian's office with animals on the premises. Any of the above uses shall be located no nearer than two hundred (200) feet to an RS, RM or RT district, and no nearer to a zoning lot line than one hundred (100) feet.

(3)

Nuisances prohibited. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise, or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted.

(Ord. No. 1124, § 1(28-10.3), 6-18-79)

Automobile laundries shall provide space on the zoning lot for not less than ten (10) automobiles per washing lane.

(Ord. No. 1124, § 1(28-10.4), 6-18-79)

Automobile, go-cart, miniature auto, racing or driving tracks shall be located not less than one thousand (1,000) feet from any residential district, unless enclosed by a solid fence or wall at least six (6) feet high, but in no case shall a track be located less than five hundred (500) feet from a residential district.

(Ord. No. 1124, § 1(28-10.5), 6-18-79)

Carnivals, circuses or similar temporary amusement enterprises shall be required to obtain certificates of occupancy from the city clerk and shall have no facilities located nearer to an RS, RM or RT district than two hundred (200) feet and no nearer than five hundred (500) feet to any occupied residential structure and shall have access drives so located as to minimize traffic hazards. The proponent shall show that adequate measures will be taken to prevent odor, dust, noise, lights, and traffic from becoming a nuisance to uses on other properties. Each certificate of occupancy for such enterprise shall be valid for a period of not more than seven (7) days and shall not be granted for more than three (3) such periods for the same location within any ninety-day period.

(Ord. No. 1124, § 1(28-10.6), 6-18-79)

Any cemetery, columbarium, crematory or mausoleum shall have its principal entrance on a major thoroughfare, with ingress and egress so designed as to minimize traffic congestion, and shall provide a wall at least six (6) feet high on all property lines abutting any residential district. The board of adjustment shall establish standards for the construction of such wall.

(Ord. No. 1124, § 1(28-10.7), 6-18-79)

Any church or other place of worship shall be permitted in the following districts, subject to the indicated site standards:

(Ord. No. 1124, § 1(28-10.8), 6-18-79)

Any club or lodge, where permitted in residential districts, shall observe the site standards required for churches (section 26-408) and shall be so located that no ingress or egress (other than a service entrance on an alley) is from any street other than a major thoroughfare. No swimming pool, tennis court, or other recreational facility that is accessory to a private club or lodge shall be located nearer to other property in a residential district than one-half (½) the required yard, and wherever any such facility is located within any part of a required side or rear yard, adjoining property in a residential district shall be effectively protected by a wall at least six (6) feet high. The board of adjustment shall establish standards for the construction of such wall.

(Ord. No. 1124, § 1(28-10.9), 6-18-79)

Any college or university shall be located adjacent to a major thoroughfare and shall observe the site standards required for churches in section 26-408.

(Ord. No. 1124, § 1(28-10.10), 6-18-79)

Any college dormitory or fraternity or sorority house in an RM or RT district shall have a site area of at least ten thousand (10,000) square feet and side yards of at least ten (10) feet each.

(Ord. No. 1124, § 1(28-10.11), 6-18-79)

Any temporary batching plant for asphaltic or portland cement concrete, or temporary building or yard for construction materials and/or equipment shall be permitted in any zoning district upon obtaining a special zoning permit from the board of adjustment after the board of adjustment finds that such batching plant, yard, or building is both incidental to and necessary for construction within two (2) miles of the plant, yard, or building. Each permit for such plant, yard, or building shall specify the location of the proposed facility and the area to be served thereby. Each such permit shall be granted for a period of not more than one hundred eighty (180) days, and such permits shall not be granted for the same location for more than four (4) such periods during any thirty-month period. The applicant shall show that adequate measures will be taken to prevent odor, dust, noise, lights, drainage, and traffic from becoming a nuisance to uses on other properties. Ingress to and egress from such facilities shall be only from major thoroughfares, provided, however, that the board of adjustment may approve a location on a minor thoroughfare if the board finds that such location would give rise to less traffic on residential thoroughfares than would a feasible location on a major thoroughfare.

(Ord. No. 1124, § 1(28-10.12), 6-18-79; Ord. No. 1320, § 1, 10-18-93)

Commercial dance halls shall provide parking with ingress and egress designed so as to minimize traffic congestion, shall be not less than twenty (20) feet from any property line, shall provide a minimum six-foot high solid board or masonry wall separating the entire area from any abutting property in a residential district, and shall show that adequate controls or measures will be taken to prevent offensive noise, light, and vibration. The board of adjustment shall establish standards for the construction of such wall.

(Ord. No. 1124, § 1(28-10.13), 6-18-79)

The erection of a dwelling group shall be permitted in any residential district, provided such dwelling group conforms to all the following conditions and requirements:

(1)

The area of the zoning lot on which the dwelling group is to be erected shall be at least twenty percent (20%) greater than the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group.

(2)

Each dwelling in the group shall front either on a street, other permanent public open space, common yard or outer court, not less than fifty (50) feet wide.

(3)

The distance between principal buildings, other than as specified above, shall not be less than the sum of the least widths of the interior side yards required for a principal building in the district in which the group is located. The distance between a principal building and the nearest lot line shall not be less than required for a principal building in the district in which located.

(4)

Every dwelling in the dwelling group shall be within sixty (60) feet of an access roadway or drive, having a right-of-way at least thirty (30) feet wide, providing vehicular access from a public street, and within two hundred (200) feet, measured along the route of vehicular access, of a public street.

(5)

Except as modified in this section, such dwelling group shall conform to all the requirements of this chapter for the district in which it is to be located.

(Ord. No. 1124, § 1(28-10.14), 6-18-79)

Earth moving and excavation; depositing of construction materials on the ground shall be subject to regulations set forth in section 26-421.

(Ord. No. 1124, § 1(28-10.15), 6-18-79)

Commercial golf driving ranges shall be located only on major thoroughfares. Lights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall not be less than two hundred (200) feet from any RS, RM or RT district.

(Ord. No. 1124, § 1(28-10.17), 6-18-79)

Golf courses and country clubs shall be subject to regulations set forth in section 26-409.

(Ord. No. 1124, § 1(28-10.18), 6-18-79)

Home occupations, in those districts where permitted, are subject to all of the following conditions:

(1)

No more than one (1) person other than a member of the immediate family occupying such dwelling shall be employed.

(2)

The ratio of time the household is used for home occupation and the ratio of household space used for home occupation shall not exceed twenty-five percent (25%).

(3)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

(4)

An accessory building may be used for a home occupation; but the area used for outdoor storage shall not exceed the gross floor area of the buildings used for the home occupation.

(5)

The home occupation may increase vehicular traffic flow and parking by no more than one (1) additional vehicle at a time.

(6)

The home occupation shall not generate traffic, parking, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.

(7)

No commercial vehicle type shall be used in connection with the home occupation or parked on the property.

(Ord. No. 1124, § 1(28-10.19), 6-18-79)

This includes health centers, hospitals: general (not including animal); institutions for correctional, detention, penal, or similar purposes; care of insane, feeble-minded, or narcotic patients; institutions for children or the aged; nursing homes or rest homes; rehabilitation centers for handicapped persons; or sanitoriums: all shall meet the following requirements when located in a residential district:

(1)

Minimum site standards set forth for churches in section 26-408 shall be complied with;

(2)

The site shall have its main ingress and egress on a major thoroughfare or on a collector street not more than three hundred (300) feet distant (by shortest street route) from a major thoroughfare.

(Ord. No. 1124, § 1(28-10.20), 6-18-79)

Junkyards, salvage or auto wrecking yards, or any property used for the storage or processing of used machinery, building materials, plumbing fixtures or appliances, shall be permitted within certain areas of the city, provided that all exterior storage and processing areas within three hundred (300) feet of any major thoroughfare or any residential, commercial or M1 district are screened by a solid wall or fence, constructed from wood, metal, or other manufactured material, no taller than eight (8) feet high so located as to prevent visibility from any major thoroughfare or any residential, commercial or M1 district of such stored materials or materials in process which are on the ground or not more than eight (8) feet above the ground. Prior to construction of such fence, the builder or owner of the property shall appear before the board of adjustments and present their plan and material list for approval.

(Ord. No. 1124, § 1(28-10.21), 6-18-79; Ord. No. 1440, § 1, 11-19-01)

Mining, including extraction of clay, gravel, or sand; quarrying of rock or stone; earth moving and excavation; depositing of construction material, clay, earth, gravel, minerals, rock, sand, or stone, on the ground shall not be construed to be a permitted use in any district, except the M3 district, unless and until a special zoning permit shall first have been secured from the board of adjustment, as provided in sections 26-33 to 26-40 hereof, except for the following defined extractions and deposits:

(1)

Excavations for the foundation or basement of any building or for a swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.

(2)

Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten (10) feet in vertical height, or when less than one thousand (1,000) cubic yards of earth is removed from the premises.

(3)

Grading in a subdivision that has been approved by the city in accordance with the city subdivision regulations and any amendments thereto.

(4)

Any extractive operation existing and operating as such on the effective date of this chapter shall conform with the provisions set forth herein within one (1) year of June 18, 1979.

(5)

Excavation shall be so conducted as to minimize soil erosion.

The board of adjustment shall have the power to grant special zoning permits, revocable and valid for specified periods of time, to permit mining or extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials, as set forth in sections 12-33 to 12-40. The building inspector shall make such inspections as he deems necessary or as are required by the board of adjustment to ensure that all work is in accordance with the special zoning permit.

(Ord. No. 1124, § 1(28-10.22), 6-18-79)

Parking of a mobile home in any district for residential purposes shall be prohibited, except as follows:

(1)

A mobile home may be parked in a mobile home park, as provided by this chapter.

(2)

In a commercial, residential or industrial district, the city engineer may, on application of the owner of such lot or lots, or on the application of the appropriate city official, permit the parking of a mobile home or mobile homes on a lot or lots, provided the city engineer makes a finding to the effect that the occupant or proposed occupant of the mobile home has suffered a material hardship, or a financial hardship, as a result of flooding.

a.

The mobile home shall be located not less than five (5) feet from any lot line or residential structure, and

b.

Any permit granted under this provision shall be for a period not in excess of six (6) months unless approved by the city's board of adjustment.

c.

Any mobile home permitted under the provisions of this article shall not exceed thirty-two (32) feet in length.

(3)

A camping or vacation trailer not exceeding thirty-two (32) feet in length may be parked and used as a temporary residence in any lot or lots upon approval of the city engineer, but not for a period to exceed six (6) months.

(4)

In every instance, the parking of a mobile home shall be in accordance with applicable federal laws and regulations, state laws and regulations and city ordinances and regulations.

(5)

The city engineer may approve the placement of FEMA owned mobile homes in any zone, in the City of Miami, if the home is providing temporary housing for flood victims. This section of the code expires upon removal of the homes by FEMA, by abandonment of the home by the occupant, or by January 1, 2009, which ever comes first. Any denial of the trailer placement may be appealed to the board of adjustments.

(Ord. No. 1124, § 1(28-10.23.1), 6-18-79; Ord. No. 1518, § 1, 7-11-07; Ord. No. 1519, § 1, 8-13-07)

In any district, the wheels or any similar transporting devices of any mobile home or camping trailer shall not be removed except for repairs, nor shall such mobile home or camping trailer be otherwise permanently fixed to the ground by any person, firm or corporation in a manner that would prevent ready removal of the mobile home or camping trailer.

(Ord. No. 1124, § 1(28-10.23.2), 6-18-79)

Every mobile home park shall comply with all other pertinent city and/or state regulations, together with all amendments thereto subsequently adopted.

(1)

Any mobile home park site shall have a minimum site area of one (1) acre, and shall be developed to a density not in excess of one (1) mobile home per two thousand five hundred (2,500) square feet of gross area of the zoning lot so developed. Any mobile home or trailer park shall contain one (1) or more developed recreation spaces with an aggregate area of two hundred (200) square feet per mobile home site in such park.

(2)

The buildings and mobile homes in any mobile home park shall not occupy in the aggregate more than thirty-five percent (35%) of the area of the lot.

(3)

All buildings and mobile home sites shall be located not less than five (5) feet from all lot lines.

(Ord. No. 1124, § 1(28-10.23.3), 6-18-79)

A monastery, convent or similar institution of religious training shall have a site area of at least ten thousand (10,000) square feet.

(Ord. No. 1124, § 1(28-10.24), 6-18-79)

Newspaper distribution stations shall be maintained in a sightly condition with newspapers, wrappers, and waste materials stored and handled within a completely enclosed structure until removed from the premises.

(Ord. No. 1124, § 1(28-10.25), 6-18-79)

Any nursery school, day care center for more than five (5) children, or private kindergarten shall be on a site of at least ten thousand (10,000) square feet, and shall maintain a wall or fence at least four (4) feet high between any play area and any other property in a residential district.

(Ord. No. 1124, § 1(28-10.26), 6-18-79)

Off-street parking and loading, temporary, incidental or for a special event of a noncommercial nature, may be permitted by the board of adjustment by the issuance of a special zoning permit, provided, however, that each permit shall be valid only for the duration of the designated special event, and provided further that if the designated special event is a seasonal activity, the permit may be granted for the entire season, but restricted in use to designated dates and times in which the event is to occur. (See also article VIII, division 2.)

(Ord. No. 1124, § 1(28-10.27), 6-18-79)

(a)

Major places of public assembly, including arenas, auditoriums, coliseums, stadiums or theaters with seating capacity of one thousand (1,000) or over, and drive-in theaters, shall meet the following requirements:

(1)

Have ingress and egress from a major thoroughfare or from a collector street of not more than three hundred (300) feet distant (by shortest street route) from a major thoroughfare,

(2)

Have ingress and egress so designated as to minimize traffic congestion and hazards, and

(3)

Meet the site standards required for churches in section 26-408.

(b)

A drive-in theater projection screen shall be located not less than two hundred (200) feet from any RS, RM or RT district, and shall not be located as to be visible from any major thoroughfare within one thousand (1,000) feet thereof.

(Ord. No. 1124, § 1(28-10.28), 6-18-79)

Minor places of public assembly, including art galleries, auditoriums, arenas, coliseums, stadiums, or theaters with seating capacity of less than one thousand (1,000): community buildings, libraries and museums, shall meet the same requirements as set forth for major places of public assembly in section 26-429, except that ingress from and egress to a collector street need not be within three hundred (300) feet of a major thoroughfare.

(Ord. No. 1124, § 1(28-10.29), 6-18-79)

(a)

No person except a public officer or employee in the performance of public duty shall paste, post, paint, print, nail, tack, erect, place, project, or otherwise fasten any sign, pennant, or notice of any kind, or cause the same to be done facing or visible from any public street within the jurisdiction of this chapter, except as provided herein and elsewhere in this chapter.

(b)

No sign shall be erected in such a manner as to create a traffic hazard by obstructing vision, or at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal.

(c)

Temporary signs and sign structures may be permitted for a set time period stated as a condition of a special zoning permit.

(Ord. No. 1124, § 1(28-10.30.1), 6-18-79)

Advertising signs or sign structures not attached to and wholly supported by a building, where permitted in any district, shall not extend more than one (1) foot into a required yard.

(Ord. No. 1124, § 1(28-10.30.2), 6-18-79)

Business signs or bulletin signs may be erected or placed within any required front yard or exterior side yard, subject to the following conditions:

(1)

If the top of a sign or sign structure extends more than four (4) feet above the ground, then such sign or sign structure must be located not less than ten (10) feet above the ground and with the supporting structures so designed as to allow maximum visibility,

(2)

The gross area of a sign or sign structure, including framing but excluding supports, shall not exceed two hundred (200) square feet, and

(3)

The height of a sign or sign structure shall not exceed thirty (30) feet.

(Ord. No. 1124, § 1(28-10.30.3), 6-18-79)

In any residential district, identification or professional signs shall be nonilluminated and shall be not over two (2) square feet in area; except that a church, school, community center, or other public or institutional building may have for its own use an identification sign or bulletin board not over twelve (12) square feet in area, which, if not attached flat against a building, shall be at least twelve (12) feet from all property lines, or one-half the distance from the property line to the building line, whichever is less.

(Ord. No. 1124, § 1(28-10.30.4), 6-18-79)

One (1) nonilluminated real estate sign advertising the sale, rental, or lease of the premises on which it is maintained and not over six (6) square feet in area shall be permitted on any lot. For each ten (10) feet by which the width of the lot, or two (2) or more contiguous lots in single ownership, exceeds fifty (50) feet, one (1) square foot may be added to the above area of six (6) square feet, but in no case shall such aggregate area of one (1) or more signs on a single lot or group of contiguous lots exceed thirty (30) square feet. Each such sign shall be set back from every street lot line at least one-half the depth of the required yard in which it is located; if the actual yard is shallower than the required yard, the sign shall be set back one-half the depth of the actual yard. A subdivision sign not exceeding twenty (20) square feet in area may be placed for directional purposes on private property along each major or secondary thoroughfare surrounding a subdivision that is in the process of development and initial sales, provided that the total number of such signs for any subdivision shall not exceed four (4) and shall be removed upon completion of the development. A sign indicating that a property has been sold may remain on the premises for a continuous period not exceeding ten (10) days following sale of the property. Temporary signs, each not exceeding two hundred (200) square feet in area, advertising a subdivision, may be placed in such subdivision during initial sale and development, provided the signs are located at least fifty (50) feet from any abutting property line and are removed within ninety (90) days after completion of the last house or sale of the last lot in the subdivision.

(Ord. No. 1124, § 1(28-10.30.5), 6-18-79)

No illuminated sign or sign structure shall be permitted that faces the front, side or rear lot lines of any lot in any RS, RM or RT district within fifty (50) feet of such lot line or that faces the entrance to any public park, public school, public library, or similar public institution, within fifty (50) feet thereof. No flashing sign shall be permitted within two hundred (200) feet of an RS, RM or RT district in such a location as to be visible from such district.

(Ord. No. 1124, § 1(28-10.30.6), 6-18-79)

In any residential district and in the C1, C2 and C3 commercial districts, no sign or sign structure shall be painted, erected or located upon or above the roof of any building.

(Ord. No. 1124, § 1(28-10.30.7), 6-18-79)

(a)

Generally. No swimming pool shall be permitted in any residential district unless such pool is:

(1)

Owned and operated by a public agency,

(2)

An accessory to a residential use, or

(3)

An accessory to a nonresidential use that is permitted in such district.

Except for a pool owned and operated by a public agency, no pool shall be permitted in any residential district unless the pool is intended for the use of, and is used by, only the occupants of the principal use of the property on which the pool is located, or their guests.

(b)

Permanent Outdoor Swimming Pools. Any permanent outdoor swimming pool, 24 inches or greater in water depth, and any associated bath house in any district shall:

(1)

Be located with the inside wall of the pool at least ten (10) feet from the nearest property line, unless a greater separation is required by section 26-409. Further, the pool and any equipment such as slides, pumps, filters and/or heaters, or any other associated improvements, such as decks or bath houses, shall not be constructed on any easement. All such pool equipment shall be located in such a manner that it does not disturb the adjoining property owners.

(2)

Be screened by a masonry, metal or wood wall or fence at least six (6) feet high on any side which faces a street in a residential district. Such a pool shall be located in the side or back yard.

(3)

Aside from the foregoing as to the street side of the property, all other sides of the pool must be completely enclosed by a chain-linked, masonry, metal or wood wall or fence at least four (4) feet high, with no opening more than four (4) inches wide, except for gateways and doorways:

a.

Any wall or portion of a single-family dwelling or building accessory thereto may constitute a portion or all of the above-described enclosure. No part, however, of any hotel, motel or residential structure other than a single-family dwelling shall form a portion of the required enclosure, unless there is no door or access from such structure forming a part of the enclosure;

b.

Any passageway through a required outdoor pool enclosure shall be equipped with a gate or door having self-closing and self-latching devices, which gate or door shall be closed and secured, except when being used for passage, provided that a doorway of a single-family residence need not be so equipped;

c.

Such enclosure shall be maintained in a secure, safe, and operating condition at all times;

d.

This requirement shall be applicable to all new outdoor swimming pools hereafter constructed and shall apply to all existing outdoor pools having water deeper than twenty-four (24) inches. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or licensee, upon which is situated an outdoor swimming pool having water deeper than twenty-four (24) inches shall fail to provide and maintain such enclosure.

(4)

All outdoor swimming pools shall be drained, covered or maintained during the off-season.

(5)

Prior to the initial filling of a pool, the enclosures required by this ordinance must be completely in place, inspected and approved by the city building inspector or his or her agent.

(c)

Swimming Pool Permit. A swimming pool permit shall be required prior to the start of construction for all permanent outdoor swimming pools, whether aboveground, on-ground, or in-ground.

(d)

Temporary Outdoor swimming pools. Any outdoor swimming pool, regardless of the depth of the water, which is used for one hundred twenty days or less, must be drained and removed at the end of the swimming season. Such a pool must be completely enclosed by a chain-linked, metal, wood, or masonry fence or wall at least four (4) feet high, with no opening more than four (4) inches wide.

(Ord. No. 1124, § 1(28-10.31), 6-18-79; Ord. No. 2018-06, § 1, 5-18-2018)

A temporary tract office, both incidental and necessary for the sale or rental of newly platted or newly constructed property, shall be located within a subdivision to which it is appurtenant and within one-half mile of all property to be serviced from such office. Each special zoning permit issued by the board of adjustment shall specify the location of the office. Each such permit shall be valid for a period of twelve (12) calendar months and shall not be granted for periods totaling more than twenty-four (24) months during any thirty-month period at the same location.

(Ord. No. 1124, § 1(28-10.32), 6-18-79)

Any structure existing in a C4 district as of the effective date of this chapter may be converted in its entirety or in part to multiple-family dwelling use, but no new structure may be erected for this purpose in this district.

(Ord. No. 1124, § 1(28-10.33), 6-18-79)

Any and all businesses and personal grows that relate to medical marijuana pursuant to State Question 788 and any and all subsequent legislation or which may hereinafter be enacted shall be subject to the following regulations:

(1)

Within any C4 (central commercial) district, the only medical marijuana business(es) that is/are allowed is as follows:

a.

A dispensary with a duly authorized dispensary license issued by the Oklahoma Medical Marijuana Authority, is allowed, and same shall be subject to the following limitations: within the dispensary, only medical marijuana product, medical marijuana-infused product, immature plants, including, but not limited to: seedlings, clones or tissue culture, medical marijuana paraphernalia and other non-marijuana products may be sold at retail or allowed on the premises.

b.

A medical marijuana commercial grower with a duly authorized grower license issued by the Oklahoma Medical Marijuana Authority, however, such business is only allowed in conjunction with a duly licensed dispensary and same shall be subject to the following limitations: only immature plants, including, but not limited to: mother plants, seedlings, clones or tissue culture may be kept or grown on such premises and any such dispensary/commercial grower growing or selling such immature plants must have any and all required licenses from the State Department of Agriculture.

c.

A processor with a duly authorized medical marijuana processor license issued by the Oklahoma Medical Marijuana Authority, subject to the following limitations:

i.

Processing within any C4 district shall be limited to the production, manufacture, infusion, processing, packaging or creation of medical marijuana product, medical-marijuana-infused product and food-based medical marijuana concentrate.

ii.

All such processing within any C4 district shall be subject to the license holder also complying with all applicable provisions of Chapter 257 (Food Establishments) and Chapter 260 (Good Manufacturing Practice Regulations) of Title 310 (Oklahoma State Department of Health, (hereinafter called "Department") of the Oklahoma Administrative Code (OAC) and secure all necessary licenses and permits required thereunder from the Department. These requirements also incorporate any and all subsequent amendments, additions to or modification of the forgoing regulations as well as any other applicable additions to the Oklahoma Administrative Code.

iii.

All processing within any C4 district shall also be subject to the license holder also complying with all applicable provisions of with the Oklahoma Clean Air Act (27A O.S. §§ 2-5-101 et seq.) and the Federal Clean Air Act (42 U.S.C. §§ 7401 et seq.). These requirements also incorporate any and all subsequent amendments, additions to or modification of the forgoing Acts and accompanying regulations.

iv.

The forgoing provisions notwithstanding, no processing, extraction, or manufacturing of any marijuana product, or any marijuana concentrates, which includes the use of solvents, potentially volatile, flammable or combustible materials (other than the medical marijuana product itself), elements, chemicals or any other highly regulated component or high-pressure gasses, shall be allowed in any C4 district.

d.

No other medical marijuana business which requires any other business license from the Oklahoma Medical Marijuana Authority, nor any medical marijuana research facility, shall be allowed in a C4 district, even if the license is issued in conjunction with any above listed dispensary, medical marijuana commercial growers or medical marijuana processing license. Provided, however, any businesses with a duly authorized medical marijuana transporter license or a duly authorized medical marijuana waste disposal license may service a duly licensed and zoned dispensary, medical marijuana grower or medical marijuana processor within a C4 district but such transporter or waste disposal business may not have its facility physically located in the district.

e.

No on-premises consumption of medical marijuana or medical marijuana product by smoke or vaporization shall be allowed within any duly licensed dispensary, medical marijuana grower or medical marijuana processor premises in the C4 district or within twenty-five (25) feet of the entrance or exit of such premises within any C4 district.

f.

Any existing medical marijuana businesses or any medical marijuana research facilities, duly licensed by the Oklahoma Medical Marijuana Authority which may be existing within any C4 zoned district of the City of Miami as of September 1, 2020, may continue in business, regardless of change in the license holder, subject to the limitations set out in subsection 8 of this Ordinances. Provided, however, no additional or other medical marijuana business nor any expansion of any existing business that requires a new or different license from the Oklahoma Medical Marijuana Authority, nor any medical marijuana research facility shall henceforth be allowed in any C4 district.

(2)

Within any commercial district other than the C4 district, and in the M1 (limited industrial) and M2 (general industrial) districts, any medical marijuana business requiring any of the following licenses from the Oklahoma Medical Marijuana Authority, specifically:

a.

Dispensary license, with or without an associated medical marijuana commercial grower license

b.

Medical marijuana processor license,

c.

Medical marijuana transporter license,

d.

Medical marijuana testing laboratory license, or

e.

Medical marijuana waste disposal license,

may be located and operate. No medical marijuana research facility is allowed in any such commercial or industrial district. Provided, however, any dispensary/commercial grower or processor licensed medical marijuana business in such a commercial or industrial district shall be subject to all the same limitations set out in the preceding section (Section (1)) for the C4 districts. No on-premises consumption of medical marijuana or medical marijuana product by smoke or vaporization shall be allowed within any such premises within these districts or within twenty-five (25) feet of the entrance or exit of such premises. Provided further, no other medical marijuana business which requires any other business license from the Oklahoma Medical Marijuana Authority shall be allowed in any such commercial or industrial district, even if it is issued in conjunction with any above listed licenses.

(3)

Any medical marijuana business with a license from the Oklahoma Medical Marijuana Authority and any medical marijuana research facility may be located in and operate in any M3 (intensive industrial) district. Provided, however, any such medical marijuana commercial grower must have any and all required licenses from the State Department of Agriculture. No on-premises consumption of medical marijuana or medical marijuana product by smoke or vaporization shall be allowed within any such premises within this district or within twenty-five (25) feet of the entrance or exit of such premises.

(4)

Any medical marijuana business with a medical marijuana commercial grower license or a medical marijuana education facility license from the Oklahoma Medical Marijuana Authority and any medical marijuana research facility may be located in and operate in any agriculture district. Provided, however, any such businesses must also have any and all required licenses from the State Department of Agriculture. No on-premises consumption of medical marijuana or medical marijuana product by smoke or vaporization shall be allowed within any such premises within this district or within twenty-five (25) feet of the entrance or exit of such premises. Provided further, no other medical marijuana business which requires any other business license from the Oklahoma Medical Marijuana Authority shall be allowed in any such agriculture district, even if it is issued in conjunction with a commercial grower license.

(5)

Regardless of whether any medical marijuana business or any medical marijuana research facility otherwise meets all other requirements set forth above, no such business shall be allowed within one thousand (1,000) feet of any public or private school entrance (63 O.S. § 425).

(6)

Personal use growing of marijuana pursuant to a state issued medical marijuana patient license or a state issued caregiver license (63 O.S. § 420), is allowed in any district within the City of Miami, specifically including any residential district, provided however, such medical marijuana plants must be completely enclosed and screened by buildings, chain-linked, masonry, metal or wood walls or fences at least six (6) feet high with no opening more than four (4) inches wide, except for doorways and locked gates (except when being used for passage); and, in no event may such medical marijuana plants be visible from any public street adjacent to the property. (63 O.S. § 427.12).

(7)

Except as herein above provided, no other medical marijuana business, medical marijuana research facility or personal use grow of marijuana shall be allowed within the municipal limits of the City of Miami.

(8)

Any currently existing medical marijuana business or any medical marijuana research facility or any other business with a licensed duly issued by the Oklahoma Medical Marijuana Authority that is located within any C4 zoned district of the City of Miami, regardless of when it was established or opened for business, may continue in business, regardless of a change in the license holder, so long as all of the following conditions are met.

a.

The use was lawful and proper under state law and city ordinances at the time it was originated and at all times thereafter;

b.

The use does not cease at any time, for any duration of time due to the loss, for any reason, of the validly issued license(s) by the Oklahoma Medical Marijuana Authority.

c.

Either or both the use does not cease or the utilities are not discontinued for a period of or exceeding ninety (90) days, for any reason;

d.

The primary structure in which the use is conducted is not determined by the City to be substantially damaged from any cause or is not condemned for occupancy for any reason; and

e.

The use is otherwise compliant with all other applicable city ordinance and/or state laws.

If, however, any of these conditions are not met at any point in time, the use shall be construed as an illegal nonconforming use and the City shall be entitled to take whatever action necessary to terminate the illegal nonconforming use and/or to prevent any future illegal nonconforming use and/or to object to the issuance by the Oklahoma Medical Marijuana Authority of any other license that would constitute an illegal nonconforming use hereunder. Any delay in the City taking such action shall not constitute any sort of waiver or forfeiture of the City's rights herein.

(Ord. No. 2019-06, § 3, 6-18-2019; Ord. No. 2020-06, § 1, 9-1-2020; Ord. No. 2021-06, § 1, 12-13-2021)