The purpose of this section is to create use unit classifications. A use unit classification is a group of related individual uses having similar functions, products, or performances which provides a basis for their systematic assignment to specific zoning districts in accordance with criteria directly relevant to the health, safety, and public welfare of the citizens of Midwest City.

4.1.1. Determinations. In the event of any question as to the appropriate use classification of any existing or proposed use or activity, the Community Development Director shall have the authority to determine the appropriate classification, subject to the right of appeal to the Board of Adjustment.

(A)

Determination Criteria. In making such determinations, the Community Development Director shall consider the characteristics of the particular use in question, and shall consider any functional, product, service, or physical facility requirements in common with or similar to uses cited as examples of use classifications.

(B)

Determinations Record. The Community Development Director shall maintain a list of all such determinations, and shall periodically recommend to the Planning Commission additions, deletions, or revisions to the use classifications to reflect contemporary usage and terminology.

(C)

Interpretation. A use, if specifically listed in a use unit classification, shall not by interpretation be included as a typical use within any other classification unless so listed.

4.1.2. Application. Use units shall be applied to the uses permitted and special use permit categories of the Zoning Ordinance for the purpose of determining which land uses are eligible in each zoning district.

(Ord. No. 3131, § 2, 10-26-10)

Residential use unit classifications include the occupancy of living accommodations on a non-transient basis and shall specifically exclude those providing twenty-four (24) hour hospital care and those providing forced residence, including detention and correction facilities. Use units included are as follows:

4.2.1. Single-Family Detached Residential. A building designed for occupancy by one (1) family. It is located unattached to any other dwelling unit on a lot or building site that is unoccupied by any other dwelling unit or main building.

4.2.2. Two-family Attached Residential (Duplexes). A building designed for occupancy for two (2) families living independently of each other. The two (2) units are placed adjacent to one another, with structural parts touching.

Two-family attached units can be designed where the two (2) dwellings units are located on one (1) lot, or where the two (2) dwellings units are located on separate lots. Two-family attached units are commonly referred to as duplexes.

4.2.3. Townhouse (Single-Family Attached). A building designed for occupancy by three (3) or more families living independently of each other. The three (3) or more units are placed adjacent to one another, with structural parts touching. Each of the units, however, are located on a separate lot.

4.2.4. Multifamily Residential. A building designed for occupancy by three (3) or more families living independently of each other. All of the units, however, are located on one (1) lot under single ownership.

Typical uses would include apartments or condominiums where only the units have been sold and not the land.

4.2.5. Manufactured Home Residential (HUD code). A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

4.2.6. Industrialized Home Residential (Prefabricated or Modular Home). (Also called Modular Prefabricated Structure or Modular Home.) A structure that is manufactured at a location other than the home site, utilizing assembly line type production techniques or other construction methods unique to the manufacturing process. The structure or modules are transported from the manufacturing plant in one or more sections on a temporary chassis or other conveyance device and designed to be used as a permanent dwelling when installed on a permanent foundation. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

4.2.7. Mobile Home. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems.

4.2.8. Group Residential. The residential occupancy of living units by a number of occupants not constituting a family or otherwise related but occupying the structure on a non-transient basis. "Typical uses include occupancy of fraternity or sorority houses, dormitories, boarding houses, lodging houses."

4.2.9. Home Occupation. Any occupation or profession carried on in a dwelling by two (2) or fewer individuals (at least one ([1]) of which must be an inhabitant of the dwelling) that must be clearly incidental and secondary to the use of the dwelling for dwelling purposes and that does not change the character of the dwelling.

4.2.10. Accessory Dwelling Unit, Attached or Detached. A separate dwelling unit secondary to and used in conjunction with the main dwelling, and which may be new construction or a converted building (e.g., garage for a garage apartment) for occupancy as a living unit under the applicable zoning districts.

(A)

Placement. The accessory dwelling unit may be placed adjacent to the main dwelling, with structural parts touching, or may be independent of one another.

(B)

Location, size, and building coverage. The accessory dwelling unit shall be located on the same lot as the main dwelling and shall not exceed fifty (50) percent of the size of the main dwelling, and at no time shall the main dwelling and accessory dwelling unit exceed the building coverage allowable under the applicable zoning district.

(C)

Minimum lot size.

(1)

Attached accessory dwelling units. A minimum lot area of 7,500 square feet shall be required for any attached accessory dwelling unit.

(2)

Detached accessory dwelling units. A minimum lot area of 12,000 square feet shall be required for any detached accessory dwelling unit.

(D)

Limitation. There shall be no more than one (1) main dwelling unit and garage apartment on one (1) lot.

(E)

Development standards apply to accessory dwelling units. Accessory dwelling units shall meet the same development standards as the main dwelling unit.

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3241, § 2, 8-11-15)

Public and quasi-public classifications include the performance of utility, educational, religious, recreational, cultural, medical, governmental and other uses which are strongly vested with public or social importance.

4.3.1. Public Service or Utility: Light. Public services needing locations near the area to be served but not requiring incidental storage of equipment or vehicles. These uses have minimal land needs and no negative impact upon surrounding land uses.

Typical uses include directional, warning, safety, historical and informational signs; elevated water tanks; water or sewage pumping stations; stormwater control facilities; bus and transit stops; utility facilities; pressure control station for gas or liquid pipelines, excluding storage or service garages.

4.3.2. Public Service or Utility: Moderate. Public services involving direct citizen contact as well as incidental storage and maintenance of necessary equipment or vehicles including public protection or essential utility services. Said services may have technical and locational requirements necessitating proximity to the area served but should have a minor impact on surrounding uses.

Typical uses include ambulance service; fire protection facilities; public and quasi-public maintenance facilities; civil defense shelters and facilities; electric transmission station.

4.3.3. Public Service or Utility: Heavy. Public services and utilities which may have a substantial impact due to attendant hazards, nuisance characteristics, traffic generation characteristics, or maintenance and operational characteristics.

Typical uses include sewage disposal facilities; water treatment plants, water storage reservoirs; refuse transmission stations; solid waste disposal facilities, excluding sanitary landfills.

4.3.4. Sanitary Landfill. The use of land for the permanent disposal of nonhazardous solid waste, in accordance with applicable state and municipal standards governing solid waste disposal.

4.3.5. Hazardous Waste Disposal. The disposal of any waste or refuse that by its nature or volume pose a direct threat to public health and safety or to property. Explosives, acids, caustics, poisons, drugs, radioactive materials and other substances recognized by state or federal regulations or by the Community Development Director that are considered to pose a hazard shall be classified in this use unit.

4.3.6. Low Impact Institutional: Neighborhood Related. Quasi-public or private activities which may have minor impact on surrounding uses, and are occupied on an intermittent basis. Such uses are necessary to serve common functions within a residential area, and are not designed to provide lodging.

Typical uses include elementary schools and churches.

4.3.7. Moderate Impact Institutional. Quasi-public and private institutional activities which may have significant impact on surrounding uses.

Typical uses include fraternal organizations, middle schools, high schools, and vocational schools.

4.3.8. High Impact Institutional. Public, quasi-public or private facilities which due to their area requirements, traffic generation, light or noise generation, or the nature of intended activities, have the potential for major impact on surrounding land uses.

Typical uses include hospitals, colleges, universities, and military installations.

4.3.9. Cultural Exhibits. Museum-like preservation and exhibition of objects of artistic, cultural, scientific interest, and gallery exhibition of works of art for study and pleasure.

Typical uses include aquariums; art galleries; museums; planetariums; and observatories.

4.3.10. Library Services and Community Centers. Uses that directly serve a residential neighborhood or a cluster of neighborhoods and provide a gathering and collecting site for residents to meet, read, study, and partake in book collections, manuscripts and lessons.

4.3.11. Community Recreation: Restricted. Recreational, social and multipurpose uses that operate during daylight hours and generally are available for public use.

Typical uses include golf courses with accessory clubhouses and buildings; unlighted swim centers, tennis courts, playgrounds, playfields and public parks.

4.3.12. Community Recreation: General. Recreational, social or multipurpose open or enclosed uses and accessory buildings, which have no fixed seats, and occupancy limited to fifty (50) persons.

Typical uses include golf courses; clubhouses; swim centers; tennis centers; playgrounds; playfields; marinas; boat docks; country clubs; public parks. Any use which has outdoor lights for illuminating nighttime activities shall be included in this use unit.

4.3.13. Community Recreation: Property Owners' Association. Private recreational, social, and multipurpose uses within a subdivision that are operated and maintained by a property owners' association for the benefit and enjoyment of its members. These uses are planned as an integral part of the development. The areas are designated on the subdivision plat as "common areas," and rules for their operation and maintenance are included in the declaration of covenants and restrictions of the subdivision and the by-laws of the property owner's association.

Typical uses include clubhouses, tennis courts, playgrounds, and swimming pools, either lighted or unlighted.

4.3.14. Group Care Facility. Public, quasi-public or private care facilities that because of the nature and scale of their programs are compatible in a residential setting.

Individual residents may occupy the facility on a permanent or temporary basis. Residents may be handicapped, aged, disabled, or undergoing rehabilitation or medical treatment, excluding medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403. Residents may be assigned to facilities by a court, but not as a result of being adjudged criminal, delinquent, or mentally ill.

Typical uses include nursing homes, assisted living centers, group homes for mentally or physically handicapped, convalescent homes, homes for the elderly, and homes for dependent and neglected children, orphanages.

4.3.15. Community-Based Care Facility. Public, quasi-public or private care facilities that because of the nature and scale of their operation have the potential for impacting surrounding land uses.

Typical uses include drug or alcohol treatment centers and halfway houses including medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, forced detention or correction facilities, work release facilities, transitional residential facilities for residents who have been released from mental institutions, community shelters and feeding sites, and battered spouse shelters.

4.3.16. Wind Energy Conversion Systems (WECS). Wind energy conversion systems (WECS) shall be defined as any device such as a wind charger, windmill, or wind turbine, which converts wind energy to a form of useable energy. WECS are an accessory use and regulations are contained within 5.7 Accessory Uses and Structures (Page 113).

(Ord. No. 3131, § 2, 10-26-10)

Commercial use unit classifications include the distribution, sale or rental of goods; and the provision of services other than those classified as civic uses.

4.4.1. Administrative and Professional Office. Offices of firms or organizations providing professional and executive management or administrative services.

Typical uses include advertising agencies, law offices, real estate offices, architectural and engineering offices, financial institutions, and corporate offices.

4.4.2. Adult Entertainment Enterprise. Any business activity whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activity.

Adult Entertainment Enterprises furthermore include, but are not limited to, the following:

(A)

Adult Cabaret. An establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including but not limited to dancing, posing, modeling, and acting, which is distinguished by or characterized by a predominant emphasis on matter depicting, describing, or relating to "specified sexual activities," or "specified anatomical areas."

(B)

Adult Drive-in Theatre. A drive-in theatre used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

(C)

Adult Encounter Parlor. An establishment whose business consists of premises where customers either congregate, associate, or consort with employees who engage in "specified sexual activities" with or in the presence of such customers, or who display "specified anatomical areas" in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

(D)

Adult Lounge. An "adult cabaret" as defined above which is permitted or licensed by the State where alcoholic beverages may be served or sold.

(E)

Adult Novelty Shop. An "adult novelty shop" means a commercial establishment that displays, sells, or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices; and "Sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

(F)

Movie Arcade. Any business wherein is operated a film or videotape viewing device. A film or videotape viewing device or booth subject to these provisions is defined as:

(1)

Viewing Booths/Arcades. An establishment or commercial enterprise which has within its structure any electrical or mechanical device, which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than five (5) persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by five (5) or fewer persons.

(2)

Adult Motion Picture Theatre. An establishment or commercial enterprise which has an enclosed building with a capacity of more than five (5) persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons.

(G)

Definition: Specified Sexual Activities. For the purpose of defining Adult Entertainment Enterprise, the following shall be considered specified sexual activities:

(1)

Human genitals in a state of sexual stimulation or arousal; or

(2)

Acts of human masturbation, sexual intercourse, sodomy, acts of bestiality;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(H)

Definition: Specified Anatomical Areas. For the purpose of defining Adult Entertainment Enterprise, the following shall be considered specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock;

c.

Female breast below a point immediately above the top of the areola; and

d.

Human genitals in a discernibly erect state, even if completely and opaquely covered.

4.4.3. Agricultural Supplies and Services. Establishments or places of business primarily engaged in the retail or wholesale sales from the premises of feed, grain, fertilizer, pesticides and similar goods as well as the provision of agriculturally related services with incidental storage on lots other than where the service is rendered.

Typical uses include feed and grain stores, crop-dusting supply stores, and tree service firms.

4.4.4. Alcoholic Beverage Retail Sales. Establishments or places of business primarily engaged in the retail sales of alcoholic beverages. All requirements of Chapter 5 of the Midwest City Code shall be met.

Typical uses include liquor stores and beer stores.

4.4.5. Animal Sales and Services: Auctioning. Auctioning of livestock on a wholesale or retail basis with incidental on-site storage of animals on a temporary basis not to exceed forty-eight-hour periods.

Typical uses include animal auctions or livestock auctions or livestock auction yards.

4.4.6. Animals: Grooming and Sales. Grooming of dogs, cats, small animals.

Typical uses include dog bathing and clipping salons, pet grooming shops or pet shops. No medical, training, or boarding services are permitted.

4.4.7. Animal Sales and Services: Horse Stables. Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises.

Typical uses include boarding stables or public stables.

4.4.8. Animal Sales and Services: Kennels and Veterinary, Restricted. Kennel and veterinary services for small domestic animals, such as dogs, cats, or other household pets, with all operations and storage conducted within an enclosed building.

Typical uses include animal or veterinary hospitals, boarding and breeding kennels, pet motels, and animal training centers.

4.4.9. Animal Sales and Services: Kennels and Veterinary, General. Kennel and veterinary services for domestic animals, with incidental outdoor storage and runs permitted.

Typical uses include animal and veterinary hospitals, boarding or pet motel, breeding kennels, and animal training.

4.4.10. Automotive Equipment: Light. Establishments or places of business engaged in the washing, polishing and light repairing of automobiles; and the sale, installation and servicing of automobile equipment and parts, automobile sales, body repairs and painting, and engine rebuilding.

Typical uses include automated car washes; utilities for manual washing, and light repairing of automobiles such as muffler shops, transmission repair, tune-up shops, auto glass shops, tire stores, brake repair shops, or engine repair shops.

4.4.11. Automotive and Equipment: Heavy. Repair of motor vehicles such as aircraft, boats, recreational vehicles and trucks, as well as the sale, installation and servicing of automotive equipment and parts together with body repairs, painting and steam cleaning.

Typical uses include engine replacement or rebuilding operations, truck transmission shops, body shops or motor freight maintenance facilities, and wrecking services, which include temporary storage of damaged vehicles.

4.4.12. Automotive Sales and Rentals: Light. Sale or rental from the premises of automobiles and light panel trucks, boats, trailers, or delivery vehicles, together or independently together, with incidental maintenance, including paint and body repair facilities which are a part of the agency.

Typical uses are a new and used automobile dealership with showroom, sales lot, and service facility.

4.4.13. Automotive and Equipment Sales and Rentals: Heavy. Sales and rental from the premises of heavy farm or construction equipment, trucks, buses, aircraft, or similar heavy mobile equipment, together with incidental maintenance.

4.4.14. Automotive and Equipment: Storage. Storage of vehicles used regularly in business operations and not available for sale or long-term storage, and facilities or structures for the storage of no operating motor vehicles.

Typical uses include new car dealers' off-site auto storage lots, taxi fleets, truck storage facilities or yards, auto storage garages, and tow away or impound yards, but excluding junk or salvage yards.

4.4.15. Building Maintenance Services. Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments primarily to other firms, rather than to individuals, but excluding automotive, construction, petroleum and farm equipment.

Typical uses include office equipment and supply firms; janitorial services; disinfecting and exterminating services; vending machine sales and services; and window cleaning services.

4.4.16. Business Support Services. Establishments primarily engaged in the provision of services of a clerical, employment, protective or minor processing nature and where the storage of goods or equipment other than as samples or as necessary for daily operation is prohibited.

Typical uses include secretarial services; telephone answering services; security services; blueprint services; reproduction services; detective and protective services; and employment services.

4.4.17. Child Care Center and Adult Day Care Center.

(A)

Child care center. Any day nursery, nursery school, foster home, preschool, day care center, family day care home, or any place, home or institution which receives eight (8) or more children under the age of eighteen (18) years and not of common parentage for either full-time or part-time care for children apart from their natural parents, legal guardians, or custodians, whether for compensation or not.

(B)

Adult day care center. A facility, except for nursing homes, retirement centers and senior citizens centers, which provides basic day care services to four (4) or more unrelated impaired adults for more than four (4) hours in a twenty-four-hour period. A center shall be a distinct entity either freestanding or a separate program of a larger organization. A licensed center shall have a separately verifiable staff, space, budget and participant.

Specific regulations on Childcare centers and Adult day care centers are contained in 4.10 Regulations of Specific Uses (Page 79).

4.4.18. Communications Services: Limited. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms but excluding those classified as major impact services and utilities.

Typical uses include television/radio studios; and telecommunication service centers.

4.4.19. Communication Services: Towers/Antennas. Radio and television broadcast towers, satellite communication facilities, microwave antennas, or business dispatching or receiving antennas, and all other antennas similarly suited whether mounted on top of a building or rooftop or mounted on top of a monopole/tower. Where a broadcast tower is permitted, a broadcast studio is permitted to locate on the same site.

(A)

Towers/antenna requirements. Such towers/antennas shall meet the setback requirements of the district and shall not extend fifteen (15) feet above the maximum height allowable of the district in which it is located unless otherwise approved by the City Council as a special use permit. Special use permits are required for exceeding the height limitation, inability to meet the setback requirements, and other special development criteria.

(1)

Antennas which are mounted to monopole/towers and which, with a special use permit, exceed the height limitation for the district in which it is located shall set back a distance from the property line(s) equal to three-fourths the height of the antenna and tower combined.

(2)

Antennas which are built upon a building or rooftop and are not a part of or connected to a monopole/tower and which exceed with City Council's approval the height limitation for the district in which it is located shall be required to meet the setback requirements of the district for the height attained.

(B)

Small wireless facility requirements. A small wireless facility is a wireless facility that meets the following qualifications: each antenna of the wireless provider could fit within an enclosure of no more than six (6) cubic feet in volume, and all other wireless equipment associated with the wireless facility, whether ground- or pole-mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.

(1)

In accordance with the Oklahoma Small Wireless Facilities Deployment Act, small wireless facilities located in any dedicated right-of-way may not be subject to zoning review or approval. Property outside of the right-of-way in all zones except for single- or two-family districts may also not be subject to zoning review.

(2)

Small wireless facilities proposed to locate on private property in single-family residential districts (R-35, R-22, R-10, R-8, R-6) and duplex districts (R-2F) will be required to obtain a Special Use Permit prior to submitting and application for construction.

4.4.20. Construction Sales and Services. Establishments or places of business primarily engaged in construction activities and incidental outdoor storage and display on lots other than construction sites. This includes the retail or wholesale, from the premises, of materials used in the construction of buildings or other structures, but excluding equipment and uses found in the automotive and heavy equipment use classifications.

Typical uses include lumber yards and building materials stores; tools and equipment rental or sales; electrical supplies; plumbing supplies and air conditioning or heating shops; hardware stores; paint stores; and glass stores.

4.4.21. Convenience Sales and Personal Services. Establishments or places primarily engaged in the provision of frequently needed, day-to-day retail commercial goods and services. Such uses are designed and intended to serve a limited local market, and to be generally within walking or short driving distance of a residential area. Furthermore, only uses that do not create increased traffic, noise, or such other impacts considered incompatible with a residential use will be permitted. All requirements of the above sections and Chapter 5 of the Midwest City Code shall be met.

Typical uses include small grocery stores; drug stores; candy stores; ice cream parlors (without accessory uses); dry cleaning establishments; barbershops; self-service laundries; beauty parlors; bakeries; floral and gift shops; and key and lock shops.

4.4.22. Drinking Establishments: Sit-Down, Alcoholic Beverages Permitted. Establishments or places of business where customers are seated and served, and which are primarily engaged in the sale, mixing, or dispensing of beverages containing more than 0.5 percent alcohol by weight for consumption on the premises. All requirements of Title 37A of the Oklahoma Statutes and Chapter 5 of the Midwest City Code must be met. In addition, lots shall not abut residentially developed properties on the side, shall front only onto an arterial street and shall have no vehicular access onto any local or collector street unless approved by waiver through Special Use Permit as provided within the Midwest City Code.

Typical uses include taverns, dance halls and mixed beverage establishments in which food items are served but as accessory to the drinking establishment.

4.4.23. Eating Establishments: Drive-In. Establishments or places of business with little or no inside seating where prepared food and beverages are consumed within a motor vehicle on the premises or are carried outside by the purchaser to tables. These uses are normally adjacent to high volume vehicular movement areas and are characterized by either remote ordering of food from within the vehicle and delivery by attendants, or by carryout packages for consumption on or off the premises.

4.4.24. Eating Establishments: Fast-Foods. Establishments or places of business primarily engaged in the sale of prepared food and beverages for both on and off-premises consumption. These uses are normally adjacent to high volume pedestrian and/or vehicular movement areas, and are characterized by pre-packaged and pre-cooked foods and by a central ordering and serving point within the establishment.

Typical uses include delicatessens and chain restaurants.

4.4.25. Reserved.

4.4.26. Eating Establishments: Sit-Down, Alcoholic Beverages not Permitted. Establishments or places of business where customers are seated and served, and that are primarily engaged in the sale of prepared foods and beverages for on-premises consumption. They are located at high capacity/high volume sites that are easily accessed by vehicles and pedestrians.

Typical uses include restaurants, short-order eating places, cafeterias, and coffee shops where liquor, beer, wine, or spirits in excess of 0.5 percent alcoholic by volume are not served or sold.

4.4.27. Reserved.

4.4.28. Eating Establishments: Sit-Down, Alcoholic Beverages Permitted. Establishments or places of business where customers are seated and served, and are engaged in the sale, mixing or dispensing of beverages containing alcohol by weight, or wine capable of being consumed as a beverage or any kind of on-premises consumption as accessory to a restaurant operation. All requirements of Title 37A of the Oklahoma Statutes and Chapter 5 of the Midwest City Code must be met.

Typical uses include restaurants and nightclubs. Live entertainment shall be permitted except that no entertainment prohibited by Sections 28-22 and 28-24 of the Midwest City Code shall be permitted.

The gross sales of alcoholic beverages as defined above shall not exceed twenty-five (25) percent of the gross sales of the eating establishments.

4.4.29. Food and Beverage Retail Sales. Establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. All requirements of the above sections and Chapter 5 of the Midwest City Code shall be met.

Typical uses include grocery stores; delicatessens; ice cream and dairy products with accessory uses; meat markets; fish and seafood markets; and fruits and vegetables.

4.4.30. Food Truck Court. Establishment or place of business primarily engaged in providing parking and any utilities to multiple food truck and beverage vendors on a permanent and continual basis in open facilities. All requirements of chapter 26, Noise, of the Midwest City Code must be met.

Typical uses include food truck courts or mobile food vendor parks.

(A)

Food truck court requirements.

1.

Food truck court must meet setback requirements of the district in which it is located.

2.

All portions of access driveways on public right-of-way connected to paved streets for which the grade has been established must be permanently paved with hard-surface pavement and comply with all Midwest City Codes relating to driveway construction.

3.

All portions of access driveways and parking areas used by the food trucks shall be permanently paved with hard surface pavement.

4.

Parking facilities for employees, customers and service shall be permanently paved with hard surface pavement, or four (4) inches thick of compacted limestone rock.

5.

Parking facility requirement shall be a minimum of ten (10) spaces OR one (1) per eight-hundred (800) square feet of site area, whichever is greater.

6.

Food truck courts shall be allowed in all zoning districts* with a special use permit, excluding all residential districts. (*SPUD or PUD if approved)

7.

Owner of the property where the food truck court is located, or his or her authorized designee, shall ensure all participating food truck vendors have applicable local, county and state licenses related to their wares, and shall ensure that all non-licensed vendors are prohibited from participating in food truck court operations.

8.

Owner of the property where the food truck court is located, or his or her authorized designee, shall maintain records of all license numbers for each food truck vendor and such records may be subject to health department review.

9.

Owner of the property where the food truck court is located, or his or her authorized designee, shall obtain all applicable licenses required for the sale of any food stuffs, beverages, frozen desserts and/or bakery goods sold by the food truck court directly to the public.

10.

Food truck court must provide permanent restroom facilities accessible by food truck operators, employees, and customers. (to be approved by building official).

11.

Food truck vendors shall not be permitted to dispose of wastewater and/or grease cleanouts at the food truck court site. The food trucks should return to an authorized location for flushing and draining liquid waste and replenishing their potable water supply.

12.

Food truck vendors shall not sell food at one physical address for more than twelve (12) hours.

13.

City water and sewer services must be available to food truck courts.

14.

Signage must comply with MWC sign ordinance.

15.

Site plan required with special use permit application.

4.4.31. Funeral and Interment Services: Animals. Interring services involving the permanent disposition of animal bodies.

Typical uses include animal cemeteries.

4.4.32. Funeral and Interment Services: Burial. Interring services involving the permanent disposition of human bodies.

Typical use is a cemetery, which may include on-site structures for such accessory uses as columbarium, crematoriums, funeral homes, and mausoleums.

4.4.33. Funeral and Interment Services: Cremating. Crematory services within a funeral home or within a special structure on the grounds of a cemetery involving the purification and reduction of the human dead by fire.

Typical uses include crematoriums.

4.4.34. Funeral and Interment Services: Undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals.

Typical uses include funeral homes or mortuaries.

4.4.35. Gasoline Sales: Restricted. Establishments or places of business primarily engaged in the on-site retail sale of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services and minor repair services for automobiles. Other incidental uses may include the sale of food and beverages.

Typical uses include automobile service stations. Road service tow trucks are permitted, but not the temporary or permanent parking or storage of damaged, wrecked, or inoperable vehicles.

4.4.36. Gasoline Sales: General. Establishments or places of business primarily engaged in the on-site retail sale of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services and minor repair services for both automobiles and trucks. Other incidental uses may include the sale of prepared foods and beverages for on-premises consumption, along with sleeping and showering facilities.

Typical uses include truck stops.

4.4.37. Health Clubs. Establishments or places of business engaged in providing exercising and recreation facilities.

Typical uses include health spas, gymnasiums, and dance exercise facilities. Spectators provisions are incidental to the participant activity.

4.4.38. Laundry Services. Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services for multiple collection/distribution outlets, other than those classified as "convenience sales and personal services" and employ five (5) or fewer full-time employees.

Typical uses include laundry agencies, diaper services, or linen supply services.

4.4.39. Manufactured Housing and Travel Trailers: Sales and Rentals. Sale or rental from the premises of manufactured housing and travel trailers together with incidental maintenance, which is a part of the agency.

Typical uses include manufactured housing sales, mobile home sales, travel trailer sales, camper sales, boat sales, recreational vehicle sales, and trailer sales and rentals.

4.4.40. Medical Services: Restricted. Establishments primarily engaged in the provision of personal health services including prevention, diagnosis and treatment or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services.

Typical uses include medical offices; dental offices, dental laboratories; clinics or health maintenance organizations; but not including any sales facilities, hospitals, convalescent centers or nursing homes.

4.4.41. Medical Services: General. Establishments primarily engaged in the provision of personal health services and including related retail sales activities.

Typical uses include medical offices, dental offices, dental laboratories; clinics, or health maintenance facilities with related sale facilities such as opticians or pharmacies in the same structure; but not including hospitals, convalescent centers, or nursing homes.

4.4.42. Participant Recreation and Entertainment: Indoor. Those participant recreation and entertainment uses conducted within an enclosed building.

Typical uses include bowling alleys, billiard parlors, skating rinks, arcades and family amusement centers. Any spectators would be incidental to the participant activity.

All requirements of Title 37A of the Oklahoma Statutes and Chapter 5 of the Midwest City Code must be met.

4.4.43. Participant Recreation and Entertainment: Indoor, Alcoholic Beverages Permitted. Those participant recreation and entertainment uses conducted within an enclosed building.

Typical uses include bowling alleys, billiard parlors, skating rinks, arcades and family amusement centers. Any spectators would be incidental to the participant activity.

The sale for on-premises consumption of alcoholic beverages as allowed in Title 37A of the Oklahoma Statutes shall be allowed.

All requirements of Title 37A of the Oklahoma Statutes and Chapter 5 of the Midwest City Code must be met.

The gross sales of alcoholic beverages shall not exceed twenty-five (25) percent of the gross sales of the eating establishments.

4.4.44. Participant Recreation and Entertainment: Outdoor. Those participant recreation and entertainment uses conducted in open facilities.

Typical uses include driving ranges or miniature golf courses; go-cart tracks; drive-in theaters; and amusement parks.

4.4.45. Personal Services: Restricted. Establishments primarily engaged in the provision of informational, instructional, and personal improvements and similar services, which are able to be located in an office-type building.

Typical uses include photography and art studios, travel agencies, automobile driving schools, reducing salons, dancing and music academies, and classrooms for business schools. Excluded are services which would be classified under spectator sports and entertainment, participant recreation and entertainment, or transient accommodation.

4.4.46. Personal Services: General. Establishments primarily engaged in the provision of services to customers or clients, which have one or more of the following characteristics: High customer volume, hand-carried parcel delivery or mailing facilities, overnight parking for small service or delivery vehicles, or sale of non-mercantile items such as postage stamps, or public event tickets.

Typical uses include a catering establishment, post office, direct mail advertising, theater ticket office, or a utility company business office, and all activity takes place within a completely enclosed building.

4.4.47. Personal Storage. Buildings containing enclosed individual rental storage facilities not exceeding eight hundred (800) square feet per unit. These facilities are not used for sales purposes or storage of highly combustible materials.

Typical uses include mini-warehouses or mini-storage and storage for recreational vehicles, boats, or trailers. This category does not allow any outdoor storage.

4.4.48. Repair Services: Consumer. Establishments primarily engaged in the provision of repair services to individuals and households rather than to firms.

Typical uses include appliance repair; apparel repair; musical instrument repair; electrical repair; shoe repair; jewelry repair shops; sewing machine repair; and watch or clock repair.

4.4.49. Research Services. Administrative offices plus research facilities of a technical or scientific nature, which are located within a completely enclosed building. There is no product manufacturing and no outdoor storage, display or activity.

Typical uses include electronics or medical research facilities, product testing laboratory, or a pharmaceutical laboratory.

4.4.50. Retail Sales and Services: General. Establishments engaged in the sale or rental of goods and services, both retail and wholesale of commonly used goods, merchandise, and services.

Typical uses include antique shops; secondhand merchandise; appliance stores; clothing stores; artist supplies; book or stationery stores; camera shops; furniture stores; hardware stores; jewelry stores; music and instrument stores; radio, television, and/or computer stores; shoe stores; tailor shops; toy stores; frame shops; department stores; newsstands; auto part supply store; swimming pool supplies and equipment; record or tape stores; leather goods shops; pawnshops; monument sales; general stores; floor covering stores; bicycle stores; tattoo parlors; body piercing shops; and tobacco shops.

4.4.51. Retail Sales and Services: Outdoor Swap Meets. The display, exchange, barter or sale of new or used common household items or office equipment and furnishings, carried out on any open lot.

Typical uses include flea markets where clothing, personal effects, household furnishings, and household appliances are sold or otherwise exchanged.

4.4.52. Sign: Non-Accessory. A sign or advertising device (excluding subdivision development advertising signs) which directs attention to an activity, service, or product sold or offered elsewhere than on the premises on which the sign is located; the principal use of the land on which it is located.

4.4.53. Spectator Sports and Entertainment: Restricted. Establishments or places engaged in the provision of cultural, entertainment, athletic, and other events to spectators as well as providing space for social or fraternal gatherings.

These uses are conducted within an enclosed building with a capacity of five hundred (500) or less people and including retail sales and storage facilities that are incidental to the operation of such uses.

Typical uses include small theaters or amusement places.

4.4.54. Spectator Sports and Entertainment: General. Establishments or places engaged in the provision of cultural, entertainment, athletic, and other events to spectators as well as providing space for social or fraternal gatherings.

These uses are conducted in an enclosed building with a capacity of more than five hundred (500) people or in open facilities, and including retail sales, storage facilities, and other activities incidental to the operation.

Typical uses include large theaters or amusement places.

4.4.55. Spectator Sports and Entertainment: High Impact. Establishments or places engaged in the provision of cultural, entertainment, athletic, and other events to spectators as well as providing space for social or fraternal gatherings.

These uses are conducted in an enclosed building with a capacity of more than five hundred (500) people or in open facilities, which may generate significant noise, odor, traffic or other impacts and including retail sales, storage facilities, and other activities incidental to the operation.

Typical uses include drag strips; racetracks; fairgrounds; rodeo grounds; large exhibition halls; sports stadiums; and trade expositions.

4.4.56. Tourist Accommodations: Campground. Campground services involving temporary accommodations areas for travelers, recreational vehicles, or tents; including food, drink, and other sales and services intended for the convenience of guests.

Typical uses include recreational vehicle parks, and campgrounds.

4.4.57. Tourist Accommodations: Lodging. Lodging services involving room accommodations for travelers, including food, drink, and other sales and services intended for the convenience of guests.

Typical uses include hotels; motels; and transient boarding houses. Size and location of all retail facilities shall be subject to all the zoning district regulations in which the use unit is located.

4.4.58. Off-Street Parking: Accessory Parking. A sealed surface area, enclosed or unenclosed, sufficient in area for the parking of vehicles together with one or more sealed surfaced driveway(s) in conjunction with the primary use, connecting the area to a dedicated street or alley to permit ingress and egress of vehicular traffic. If the lot is incidental to an abutting use (separation by a street right-of-way is still considered abutting) the property upon which the parking lot is built shall be zoned at no less a zoning classification than the use to which it is incidental unless approved by special use permit as prescribed in 7.6 Special Use Permit (Page 187) of the this Ordinance. All provisions of 5.2.5. General Landscaping Requirements (Page 85) and 5.3 Parking and Loading (Page 91) shall be complied with.

Accessory parking vehicle storage shall comply with 5.3.2. Off-Street Parking Standards (Page 93).

4.4.59. Off-Street Parking: Commercial Parking. A sealed surface area, enclosed or unenclosed, sufficient in area for the parking of vehicles together with one or more sealed surfaced driveway(s) connecting the area to a dedicated street or alley to permit ingress and egress of vehicular traffic. A charge for use of the parking lot is paid by the users of the lot. Any structure(s) incidental to the use (i.e., gate/guard houses) may be located in front of the setback line but no structure(s) shall be permitted on street right-of-way. Commercial parking areas shall not be used for personal vehicle storage as defined below in 4.4.59. Off-Street Parking: Personal Vehicle Storage (Page 67). All provisions of 5.2.5. General Landscaping Requirements (Page 85) and 5.3 Parking and Loading (Page 91) shall be complied with.

Commercial parking vehicle storage shall comply with 5.3.2. Off-Street Parking Standards (Page 93).

4.4.60. Off-Street Parking: Personal Vehicle Storage. A sealed surface area, enclosed or unenclosed, sufficient in area for the parking of vehicles together with one or more sealed surface driveway(s) connecting the area to a dedicated street or alley to permit ingress and egress of vehicular traffic. Area is used for individual vehicle storage for which a charge for use of the storage area is paid. These areas are not used for sales purposes or storage of highly combustible materials.

Typical uses include storage of recreational vehicles, campers, boats or trailers. All provisions of 5.2.5. General Landscaping Requirements (Page 85) and 5.3 Parking and Loading (Page 91) shall be complied with.

Personal vehicle storage shall comply with 5.3.2. Off-Street Parking Standards (Page 93).

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 32514, § 1, 11-10-15; Ord. No. 3337, § 1—9, 5-22-18; Ord. No. 3352, § 1, 10-9-2018; Ord. No. 3353, § 1, 10-9-18)

Industrial use unit classifications include the on-site storage, manufacture, assembly or processing of products and goods not otherwise classified as agricultural or extractive.

4.5.1. Custom Manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or small mechanical equipment not exceeding five (5) horsepower or three (3) kiln not exceeding eight (8) kilowatts each and the incidental direct sale to consumers of only those goods produced on-site.

Typical uses include ceramic studios, candle making shops or custom jewelry manufacturers.

4.5.2. Light Industrial: Restricted. Establishments engaged in the manufacture, assembly, research, or processing with all operations and processes entirely within an enclosed structure. There is no outdoor storage of raw materials and products.

Establishments have no outdoor industrial wastewater treatment system and produce no airborne emissions, objectionable noise, glare, odor, vibrations, smoke or dust associated with the industrial operation.

Typical uses include, but are not limited to, bakery employing more than five (5) fulltime employees; book binder; cabinet shop; clothing manufacturing; electronic equipment assembly and manufacturing; furniture upholstering; ice plant; laundry and dry cleaning plant employing more than five (5) full time people; printing plant; engraving plant; instrument and meter manufacture; mattress renovation; optical goods manufacture; photographic equipment manufacture; collection and compression of aluminum cans and glass for recycling. Also to include any plant extraction or processing that is deemed less hazardous than stated or accounted for in the International Building and Fire Codes. Examples of which include but are not limited to cold water washing and heat press processing.

Any Light Industrial: Restricted use requiring a Special Use Permit must apply for such permit in accordance with Section 7.6 of the Zoning Ordinance and any specific condition imposed on such use by the City Council must be adhered to during the operation of such use. If any specific conditions of an approved Special Use Permit are not adhered to, the Special Use Permit shall expire or the applicant must apply to amend the Special Use Permit in accordance with Section 7.6.5 of the Zoning Ordinance.

4.5.3. Light Industrial. Establishments engaged in the manufacture, assembly, research, or processing with operations and processes entirely within an enclosed structure. Outdoor storage of raw materials and products is permitted with proper screening.

Establishments have no outdoor industrial wastewater treatment system and produce no airborne emissions, objectionable noise, glare, odor, vibrations, smoke or dust associated with the industrial operation.

Typical uses include, but are not limited to, bottling plant; candy manufacture; cosmetic manufacture; rubber stamp manufacture; pottery and figurine manufacturing; machine shop; and stone and monuments works.

4.5.4. Moderate Industrial. Establishments engaged in the manufacture, assembly, research, or processing with outdoor of raw materials and products being permitted with proper screening.

Establishments shall meet all applicable federal, state and municipal standards for any airborne emissions, noise, glare, odor, vibrations, smoke or dust associated with the industrial operation and shall not produce any adverse effects beyond the property line.

Typical uses include, but are not limited to, candle manufacture; cotton gin; cotton seed oil manufacture; dyestuff manufacture; soap manufacture other than liquid soap; soda and compounds manufacture; tobacco (chewing) manufacture or treatment; wool pulling or scouring; blacksmith's shop; dying or storage yard; emery cloth or sandpaper manufacture; fish smoking or curing operations; cold rolled steel mills; glass manufacture or processing; and planing mill.

4.5.5. Heavy Industrial. Establishments engaged in the manufacture, assembly, research, or processing with outdoor of raw materials and products being permitted with proper screening.

Establishments shall meet all applicable federal, state and municipal standards for any airborne emissions, noise, glare, odor, vibrations, smoke or dust associated with the industrial operation and even though these standards are met, noise, vibrations, smoke, dust and odor may cause adverse impacts to adjacent properties.

Typical uses include, but are not limited to, slaughterhouse and packing plants; smelting of tin, copper foundries; boiler works; tire or rubber manufacture; paint manufacture; fat rendering; fertilizer mixing; glue manufacture; blast furnace; brick, tile, pottery or terra cotta manufacture other than manufacture of handcraft products only; celluloid manufacture or treatment; central mixing plant for concrete or cement mortar, plaster or paving materials; coke oven; creosote manufacture or treatment; distillation of bones, coal or wood; stove polish manufacture; tallow grease, or lard manufacture or refining from, or of animal fat; tanning, curing or storage of rawhides or skins; tar roofing or water proofing manufacture; vinegar manufacture; potash manufacture; automotive manufacture or assembly; lampblack manufacture; bag cleaning; match manufacture; oilcloth or linoleum manufacture; pickle manufacture; pyroxylin manufacture; rock crusher; sauerkraut manufacture; shoe polish manufacture.

4.5.6. Hazardous Industrial. Establishments engaged in operations, research, or processes involving explosives, radioactive materials, caustic or toxic substances, or other material posing a potential threat to public safety and health or to property. Outdoor storage of raw materials and products is permitted as long as appropriate state and federal health and safety standards are met.

Typical uses include, but are not limited to, acetylene gas manufacture or storage; acid manufacture; alcohol manufacture; ammonia, bleaching powder or chlorine manufacture; cement, lime, gypsum or plaster of paris manufacture; fertilizer manufacture; gas manufacture; refining of petroleum or its products; asphaltic mixing plants and/or asphalt plants; disinfectant manufacture; pesticides, herbicides or poison manufacture and/or storage; explosives manufacture or storage; refining, recycling or processing of radioactive materials.

4.5.7. Scrap Operations. Places of business primarily engaged in the storage, sale, dismantling or processing of used or waste materials that are not intended for reuse in their original form.

Typical uses include automotive wrecking operations, scrap or junk yards, paper or material salvage yards.

4.5.8. Wholesaling, Storage and Distribution: Restricted. Wholesaling, storage and warehousing services within enclosed structures.

Typical uses include wholesale distributors; storage warehouses or moving and storage firms; and meat or food lockers.

4.5.9. Wholesaling, Storage and Distribution: General. Open-air storage, distribution and handling of materials and equipment.

Typical uses include monument or stone yards; oil field pipe storage; grain elevators; and outdoor storage yards where activity may generate noise and dust.

4.5.10 Commercial Medical Marijuana Grower. An entity licensed by the Oklahoma State Department of Health that is allowed to grow, harvest and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor or researcher.

4.5.11 Medical Marijuana Processor. An entity licensed by the Oklahoma State Department of Health allowed to: Purchase marijuana from a commercial grower; prepare, manufacture, process, package, sell to and deliver medical marijuana products to a licensed dispensary or other licensed processor; and may manufacture marijuana received from a qualified patient into a medical marijuana concentrate for a fee.

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3353, § 2, 10-9-18; Ord. No. 3417, § 1, 7-28-20)

Transportation use types include facilities for the movement of people or goods by either public or private organizations.

4.6.1. Transportation Facilities: Passenger. Surface facilities which contribute to the movement of people on a local or cross country basis.

Typical uses include light rail station, commuter rail station, or bus station.

4.6.2. Transportation Facilities: Freight, Restricted. Facilities which contribute to the surface movement of inter-city freight, including processing, loading, and transferring. All freight goods are stored within enclosed buildings and outside activity is restricted to loading of these goods.

Typical uses include cross country truck lines and their distribution warehouses, with supplementary parking of tractors and trailers.

4.6.3. Transportation Facilities: Freight, General. Facilities which contribute to the surface movement of inter-city freight and heavy equipment, including processing, loading, and transferring. Freight goods and materials may be stored outside.

Typical use is a railroad classification or marshalling yard with supplementary containerized or raw material loading facilities and storage of rolling stock.

4.6.4. Transportation Facilities: Aircraft. Permanent and temporary facilities which provide access to airborne transport for people and goods.

Typical uses include airports, landing strips, heliports, and helicopter landing pads.

(Ord. No. 3131, § 2, 10-26-10)

Agricultural use types include the on-site production, harvesting and processing of plant and animal products.

4.7.1. Agricultural Processing: Limited. Packing or processing of crops grown on the premises, including picking, cutting, sorting, and boxing; but not including canning, reduction, or similar activity.

4.7.2. Agricultural Processing: General. Packing or processing of crops and their by-products raised on or off the premises, including picking, cutting, sorting, and boxing; but not including canning, reduction, or similar activity.

4.7.3. Animal Raising: Personal. Premises, which are five (5) acres or larger where animals are fed or kept for personal use and for agriculturally-related projects by the owner or occupant of the premises.

Typical animals include horses, chickens, cattle and sheep.

4.7.4. Animal Raising: Commercial. Premises where animals are fed or kept for commercial purposes or projects by the owner or occupant of the premises.

Typical uses include beef ranches; sheep ranches; pig farms; chicken farms; and dairy farms but exclude stockyards or commercial feed lots. On all tracts of land containing less than forty (40) acres the raising of hogs shall be prohibited.

4.7.5. Animal Waste Processing. Processing of animal waste and by-products, including but not limited to, animal manure, animal bedding waste, and similar by-products of an animal raising agricultural operation, for use as a commercial fertilizer or soil conditioner and including composting operations.

4.7.6. Horticulture. Such uses are primarily devoted to the cultivation and storage of horticultural and floricultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes on a wholesale or retail sales basis.

Typical uses include plant nurseries.

4.7.7. Row and Field Crops. Premises primarily devoted to the cultivation, primarily for sale rather than home consumption, of agricultural products grown in regular or scattered patterns such as wheat, field, forage, and other plant crops intended to provide food or fibers.

(Ord. No. 3131, § 2, 10-26-10)

Extractive use unit classifications include the on-site production of mineral products by extractive methods.

4.8.1. Mining and Processing: Minerals and Raw Materials. Places primarily devoted to surface or subsurface mining, excavation, or extraction of metallic and nonmetallic materials with essential on-site processing of such products.

Typical uses are a borrow pit, sandpit, quarry, or mine.

4.8.2. Mining and Processing: Oil and Gas. Places primarily devoted to subsurface mining of oil and gas.

Typical uses are oil and gas drilling operations. All provisions of 5.7.6. Provisions for Mining and Processing: Oil and Gas (Page 118), 6.3 Board of Adjustment (Page 156), 7.1 Universal Procedures (Page 163), and Chapter 29 Oil and Gas Wells, of the Midwest City Code shall be met.

(Ord. No. 3131, § 2, 10-26-10)

The use of land or buildings shall be in accordance with those listed in the following Table 4.9-1: Use Chart (Page 75). No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located.

4.9.1. Use Chart Legend The legend for interpreting the permitted uses in the Use Chart is as follows:

(A)

Uses permitted-by-right. Uses permitted by right are indicated by the letter "X".

(B)

Uses not permitted. Uses not permitted are indicated by an empty box.

(C)

Uses permitted by Special Use Permit. Uses permitted by a Special Use Permit, as outlined in 7.6 Special Use Permit (Page 187) of this Zoning Ordinance, are indicated by the letter "S".

4.9.2. Use Chart

(Ord. No. 3131, § 2, 10-26-10; Ord. No. 3144, § 1, 4-12-11; Ord. No. 3174, § 1, 5-8-12; Ord. No. 3214, § 1, 5-27-14; Ord. No. 3241, § 3, 8-11-15; Ord. No. 3251, § 2, 11-10-15; Ord. No. 3337, § 1—9, 5-22-18; Ord. No. 3353, § 3, 10-9-18; Ord. No. 3417, § 2, 7-28-20)

The following uses are subject to the regulations of any district in which they may be placed and are subject to the respective additional regulations in this section.

4.10.1. Group Residential (As defined in 4.2.8. Group Residential).

(A)

When Located within the A-1, Agricultural District. The number of occupants (residents plus number of staff normally on the premises at one time) shall not exceed twelve (12) per facility. Each facility shall be at least one thousand two hundred (1,200) feet from any other group residential, group care facility or similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other programs of treatment care, supervision, or rehabilitation in a community setting.

(B)

When Located within the R-35, R-22, R-10, R-8, R-6, R-2F, R-2F-2, R-MH-1, or R-MH-2 Districts. The number of occupants (residents plus number of staff normally on the premises at one time) shall not exceed ten (10) per facility. Each facility shall be at least twelve hundred (1,200) feet from any other group residential, group care facility or similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other programs of treatment, care, supervision or rehabilitation in a community setting.

4.10.2. Group Care Facility (As defined in 4.3.14. Group Care Facility).

(A)

When Located within the A-1, Agricultural District. The number of occupants (residents plus number of staff normally on the premises at one time) shall not exceed twelve (12) per facility. Each facility shall be at least one thousand two hundred (1,200) feet from any other group residential, group care facility or similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other programs of treatment, care, supervision or rehabilitation in a community setting.

(B)

When Located within the R-35, R-22, R-10, R-8, R-6, R-2F, R-2F-2, R-MH-1, or R-MH-2 Districts. The number of occupants (residents plus number of staff normally on the premises at one time) shall not exceed ten (10) per facility. Each facility shall be at least one thousand two hundred (1,200) feet from any other group residential, group care facility or similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other programs of treatment, care, supervision or rehabilitation in a community setting;

4.10.3. Animal Sales and Services: Kennels and Veterinary, General (As defined in 4.4.9. Animal Sales and Services: Kennels and Veterinary, General).

(A)

Outdoor space required for animal runs. A minimum outdoor area of five hundred (500) square feet shall be used for animal runs.

4.10.4. Child Care Centers and Adult Day Care Centers (As defined in 4.4.17. Child Care Center and Adult Day Care Center). Child care centers and adult day care centers are permitted subject to the following provisions:

(A)

Zoning. Child care centers and adult day care centers shall be zoned in accordance with Table 4.9-1: Use Chart (Page 75), the district regulations in which they are located, and shall comply with the regulations prescribed in Chapter 10 of the Midwest City Code.

(B)

Meet Zoning Regulations. Child care centers and adult day care centers shall meet the parking, landscaping, screening, and other applicable regulations as required by this Ordinance.

(C)

Certificate of occupancy and required licensing. A certificate of occupancy and required licensing shall be obtained prior to the opening of any child care center or adult day care center.

4.10.5. Low Impact Institutional: Neighborhood Related (As defined in 4.3.6. Low Impact Institutional: Neighborhood Related).

(A)

When Located within a Residential Zoning District. Buildings and associated accessory buildings shall be set back from all interior side lot lines a distance of not less than thirty-five (35) feet, and from exterior side lot lines a distance not less than twenty-five (25) feet.

4.10.6. Adult Entertainment Enterprise (As defined in 4.4.2. Adult Entertainment Enterprise).

(A)

Location of use. The location of a 4.4.2. Adult Entertainment Enterprise (Page 55) shall be prohibited within one thousand (1,000) feet of:

(1)

Any building primarily and regularly used for worship services and religious activities;

(2)

Any public or private school;

(3)

Any public park or playground;

(4)

Any public library; or

(5)

Any land zoned or used for residential purposes.

(B)

Pre-existing exemption. Provided, that if any such building used for worship and religious activities, any public or private school, any public park or playground, any public library or any land zoned or used for residential purposes shall be established within one thousand (1,000) feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect.

(C)

Measurement Calculations. The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the adult novelty shop along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

(Ord. No. 3131, § 2, 10-26-10)