This zoning ordinance, in pursuance of the authority granted by the state law, shall be known as the "zoning regulations of the City of Moore" or the "zoning regulations of the city," and may be cited as such.

(Prior Code, app. B, § 16-24; LDC 1991, § 12-201; Ord. No. 296(00), 11-20-2000)

1. The regulations contained herein are necessary to:
   1. Encourage the most appropriate uses of land;
   2. Maintain and stabilize the value of property;
   3. Reduce fire hazards and improve public safety and safeguard the public health;
   4. Decrease traffic congestion and its accompanying hazards;
   5. Prevent undue concentration of population; and
   6. Create a stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities.
2. In interpreting and applying the provisions of these regulations, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

(Prior Code, app. B, § 16-25; LDC 1991, § 12-202; Ord. No. 296(00), 11-20-2000)

1. These regulations classify and regulate the use of land, buildings and structures within the corporate limits of the city, as hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the city into zoning districts and regulating therein the use of the land and the use and size of buildings as to height and number of stories, and the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.
2. Except as hereinafter otherwise provided, no land shall be used and no buildings, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in conformity with the regulations contained herein.

(Prior Code, app. B, § 16-26; LDC 1991, § 12-203; Ord. No. 296(00), 11-20-2000)

For the purpose of these regulations the following districts are hereby established for the city:

(Prior Code, app. B, § 16-28; LDC 1991, § 12-204; Ord. No. 296(00), 11-20-2000)

The city is hereby divided into districts as shown on the zoning districts map, filed with the city clerk. The zoning districts map, and all of the explanatory material thereon, is hereby made a part of these regulations.

(Prior Code, app. B, § 16-29; LDC 1991, § 12-205; Ord. No. 296(00), 11-20-2000)

1. General provisions. 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 the city.
   1. In the event of any questions as to the appropriate use classification of any existing or proposed use 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. In making such determinations, the director shall consider the characteristics of the particular use in question, and shall consider any functional, product, service, or physical facility requirements common with or similar to uses cited as examples of use classifications. The 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. 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.
   2. Use units shall be applied to the uses permitted and special use permits categories of the zoning ordinance for the purpose of determining which land uses are eligible in each zoning district.
   3. All land uses are hereby classified under the use units contained in the following index:
      1. Agricultural use unit classifications.
         1. Agricultural processing: limited;
         2. Agricultural processing: general;
         3. Animal raising: personal;
         4. Animal raising: commercial;
         5. Animal waste processing;
         6. Horticulture;
         7. Row and field crops.
      2. Residential use unit classifications.
         1. Single-family detached residential;
         2. Two-family attached residential;
         3. Townhouse;
         4. Multifamily residential;
         5. Manufactured home residential;
         6. Group residential.
      3. Public and quasi-public use unit classification.
         1. Public service or utility: light;
         2. Public service or utility: moderate;
         3. Public service or utility: heavy;
         4. Sanitary landfill;
         5. Hazardous waste disposal;
         6. Low impact institutional: neighborhood related;
         7. Moderate impact institutional;
         8. High impact institutional;
         9. Cultural exhibits;
         10. Library services and community centers;
         11. Community recreation: restricted;
         12. Community recreation: general;
         13. Group care facility;
         14. Community-based group care facility.
      4. Commercial use unit classifications.
         1. Administrative and professional office;
         2. Agricultural supplies and services;
         3. Alcoholic beverage retail sales;
         4. Animal sales and services: auctioning;
         5. Animal sales and services: grooming;
         6. Animal sales and services: horse stables;
         7. Animal sales and services: kennels and veterinary, restricted;
         8. Animal sales and services: kennels and veterinary, general;
         9. Automotive and equipment: light;
         10. Automotive and equipment: heavy;
         11. Automotive sales and rentals: light;
         12. Automotive and equipment sales and rentals: heavy;
         13. Automotive and equipment: storage;
         14. Building maintenance services;
         15. Business support services;
         16. Child care center;
         17. Adult day care center;
         18. Communications services: limited tower operations;
         19. Communications services: towers;
         20. Construction sales and services: light;
         21. Construction sales and services: heavy;
         22. Convenience sales and services;
         23. Drinking establishments: sit-down, alcoholic beverages and low-point beer permitted;
         24. Eating establishments: drive-in;
         25. Eating establishments: fast foods;
         26. Eating establishments: sit-down;
         27. Food and beverage retail sales;
         28. Food and beverage retail sales: temporary or seasonal;
         29. Funeral and interment services: animal;
         30. Funeral and interment services: burial;
         31. Funeral and interment services: undertaking;
         32. Gasoline sales: light;
         33. Gasoline sales: general;
         34. Health clubs;
         35. Laundry services;
         36. Manufactured housing and travel trailers: sales and rentals;
         37. Medical services: restricted;
         38. Medical services: general;
         39. Participant recreation and entertainment: indoor;
         40. Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted;
         41. Participant recreation and entertainment: outdoor;
         42. Personal services: restricted;
         43. Personal services: general;
         44. Personal storage;
         45. Repair services: consumer;
         46. Research services;
         47. Retail sales and services: adult entertainment;
         48. Retail sales and services: restricted;
         49. Retail sales and services: general;
         50. Retail sales and services: outdoor swap meets;
         51. Spectator sports and entertainment: restricted;
         52. Spectator sports and entertainment: general;
         53. Spectator sports and entertainment: high impact;
         54. Tourist accommodations: campground;
         55. Tourist accommodations: lodging;
         56. Commercial parking;
         57. Personal vehicle storage.
      5. Industrial use unit classifications.
         1. Custom manufacturing;
         2. Light industrial: restricted;
         3. Light industrial;
         4. Moderate industrial;
         5. Heavy industrial;
         6. Hazardous industrial;
         7. Scrap operations;
         8. Wholesaling, storage, and distribution: restricted;
         9. Wholesaling, storage, and distribution: general.
      6. Transportation use unit classifications.
         1. Transportation facilities: passenger;
         2. Transportation facilities: freight, restricted;
         3. Transportation facilities: freight, general;
         4. Transportation facilities: aircraft.
      7. Extractive use unit classifications.
         1. Mining and processing: minerals and raw materials;
         2. Mining and processing: oil and gas.
2. Agriculture use unit classifications. Agriculture use types include the on-site production, harvesting and processing of plant and animal products.
   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;
   2. Agricultural processing: general. Packing or processing of crops and their byproducts raised on or off the premises, including picking, cutting, sorting, and boxing; but not including canning, reduction, or similar activity;
   3. Animal raising: personal. Premises where animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. On all tracts of land containing less than 40 acres the raising of hogs shall be prohibited, and on all other tracts the number of hogs shall not exceed 20 grain-fed or three garbage-fed hogs. Hogs shall not be located closer than 200 feet from the property line of the tract on which they are located; and all structures used for sheltering farm animals and poultry shall not be located closer than 200 feet from any property line. The raising of farm animals in platted subdivisions shall be limited to one farm animal per each two-acre tract;
   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 feedlots. On all tracts of land containing less than 40 acres the raising of hogs shall be prohibited, and on all other tracts the number of hogs shall not exceed 20 grain-fed or three garbage-fed hogs. Hogs shall not be located closer than 200 feet from the property line of the tract on which they are located;
   5. Animal waste processing. Processing of animal waste and byproducts, including, but not limited to, animal manure, animal bedding waste, and similar byproducts of an animal raising agricultural operation, for use as a commercial fertilizer or soil conditioner and including composting operations;
   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;
   7. Row and field crops. Premises primarily devoted to the cultivation, primarily for sale rather than home consumption, of agriculture products grown in regular or scattered patterns such as wheat, field, forage, and other plant crops intended to provide food or fibers.
3. Residential use unit classifications. Residential use unit classifications include the occupancy of living accommodations on a non-transient basis and shall specifically exclude those providing 24-hour hospital care and those providing forced residence, including detention and correction facilities. Use units included are as follows:
   1. Single-family detached residential. A building designed for occupancy by one 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;
   2. Two-family attached residential. A building designed for two families living independently of each other. The two units are placed adjacent to one another, with structural parts touching. Typical uses include duplexes, in which two units are located on one lot, or two-family dwellings, where each unit is located on a separate lot;
   3. Garage apartment. A single-family dwelling unit co-located within an accessory building where motor vehicles are normally and will continue to be stored and having a roof or wall in common. Garage apartments shall be located on the same lot as the main dwelling and shall not exceed 50 percent of the size of the main dwelling and at no time shall the main dwelling and garage apartment exceed the coverage allowable under the applicable zoning district. There shall be no more than one main dwelling unit and garage apartment on one lot. Main dwellings with garage apartments shall meet the minimum lot size for two-family attached residences under the applicable zoning districts;
   4. Townhouse. A building designed for occupancy by three or more families living independently of each other. The three or more units are placed adjacent to one another, with structural parts touching. Each of the units, however, are located on a separate lot;
   5. Multifamily residential. A building designed for occupancy by three or more families living independently of each other. All of the units, however, are located on one lot under one ownership. Typical uses would include apartments or condominiums where only the units have been sold and not the land;
   6. Manufactured home residential. A structure, transportable in one or more sections, which is eight body feet or more in width and 40 body feet or more in length, but contains no less than 320 square feet, and which is built on a permanent chassis, and which is designed to be used as a yearround residential dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein;
   7. Group residential. The residential occupancy of living units by a number of occupants not constituting a family or otherwise related by occupying the structure on a nontransient basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, boardinghouses, lodginghouses.
4. Public and quasi-public use unit classifications. 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.
   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 of sewage plumbing stations, stormwater control facilities, bus and transit stops, utility facilities, and pressure control stations for gas or liquid pipelines, excluding storage or service stations;
   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, and electric transmission stations;
   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, and solid waste disposal facilities, excluding sanitary landfills;
   4. Sanitary landfill. The use of land for the permanent disposal of non-hazardous solid waste, in accordance with applicable state and municipal standards governing solid waste disposal;
   5. Hazardous waste disposal. The disposal of any waste or refuse that by its nature or volume pose a 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 director of community development that are considered to pose a hazard shall be classified in this unit;
   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;
   7. Moderate impact institutional. Quasi-public and private institutional activities which may have a significant impact on surrounding uses. Typical uses include fraternal organizations, middle schools, and high schools;
   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, vocational schools, colleges, universities, and military installations;
   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, museums, planetariums, and observatories;
   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 of book collections, manuscripts, and lessons;
   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, and unlighted swim centers, tennis courts, playgrounds, playfields and public parks;
   12. Community recreation: general. Recreational, social or multipurpose open or enclosed uses and accessory buildings, which have no fixed seats. Typical uses include golf courses, clubhouses, swim centers, tennis centers, playgrounds, playfields, marinas, boat docks, country clubs, and public parks. Any use which has outdoor lights for illuminating night time activities shall be included in this use unit;
   13. 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. Residents may be assigned to facilities by a court, but not as a result of being adjudged a criminal, delinquent, or mentally ill. Typical uses include group homes for mentally or physically handicapped, convalescent homes, homes for the elderly, and homes for dependent and neglected children, orphanages;
   14. 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, 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.
5. Commercial use unit classifications. Commercial use unit classifications include the distribution, sale or rental of goods; and the provision of services other than those classified as civic uses.
   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, corporate offices and call centers;
   2. 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;
   3. Alcoholic beverage retail sales. Establishments or places of business primarily engaged in the retail sales of alcoholic beverages and low-point beer. All requirements of 37 O.S. § 163.1 and all applicable sections of this Code shall be met. Typical uses include liquor stores and beer stores;
   4. 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 48-hour periods. Typical uses include animal auctions or livestock auctions or livestock auction yards;
   5. Animal sales and services: grooming. Grooming of dogs, cats, and small animals. Typical uses include dog bathing and clipping salons, pet grooming shops or pet shops. No medical, training, or boarding services are provided;
   6. 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 stable or public stables;
   7. 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 or breeding kennels, pet motels, and animal training centers;
   8. 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 per motel, breeding kennels, and animal training;
   9. Automotive and equipment: light. Establishments or places of business engaged in the washing, polishing, and light repairing of automobiles; and installation and servicing of automobile equipment and parts. Typical uses include automated car washes; utilities for manual washing; and light repairing and maintenance of automobiles such as muffler shops, tune-up shops, including oil change services, auto glass shops, tire stores, and brake repair shops;
   10. 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, and engine rebuilding. Typical uses included are those establishments engaged primarily in automobile painting, transmission repair, and engine repair shops;
   11. Automotive sales and rentals: light. Sale or rental from the premises of automobiles and light panel trucks, 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 included are a new and used automobile dealership with showroom, sales lot, and service facility;
   12. Automotive and equipment sales and rentals: heavy. Sales and rental from the premises of heavy farm or construction equipment, boats, recreational vehicels, semi-trucks, buses, aircraft, or similar heavy mobile equipment, together with incidental maintenance;
   13. Automotive and equipment: storage. Storage of vehicles used regularly in business operations and not available for sale of long-term storage, and facilities or structures for the storage, and facilities or structures for the storage of non-operating vehicles. Typical uses include new car dealer's 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;
   14. 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 machines sales and services, and window cleaning services;
   15. 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, blue print services, reproduction services, detective and protective services, and employment services;
   16. Child care and adult day care center.
       1. Child care center. Any day nursery, nursery school, foster home, preschool, day care center, or any place or institution which receives eight or more children under the age of 16 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, when such care is received for regular periods of time for compensation;
       2. Adult day care center. A facility, except for nursing homes, retirement centers, and senior citizens centers, which provides basic day care services to four or more unrelated impaired adults for more than four hours in a 24-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;
   17. Communications services: limited tower operations. 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;
   18. Communication services: towers. 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;
   19. Construction sales and services: light. Establishments or places of business primarily engaged in the retail sales of construction materials, where all materials are stored inside. The installation of building materials may be incidental to the retail establishment. Outdoor display is for new retail items only, and is approved prior to construction by the community development director. This includes the retail, 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, hardware stores, paint stores, and glass stores;
   20. Construction sales and services: heavy. Establishments or places of business primarily engaged in construction activities and incidental outdoor storage and display on lots other than construction sites. This includes sale, installation and repair 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 electrical contractors, plumbing contractors and air conditioning or heating contractors, and general contractors and developers that may store equipment and materials outside;
   21. Convenience sales and 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 short 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. Sales of low-point beer as defined in 37 O.S. § 163.2 shall be allowed. All requirements of the above sections and any applicable sections of this Code shall be met. Typical uses include small grocery stores, drug stores, candy stores, ice cream parlors (without accessory uses), dry cleaning establishments, self-service laundry, bakeries, floral and gift shops, and key and lock shops;
   22. Drinking establishments: sit-down, alcoholic beverages and low-point beer 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 37 O.S. and any applicable sections of this Code shall 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 this Code. Typical uses include taverns, dance halls and mixed beverage establishments in which food items are served but as accessory to the drinking establishment. Live entertainment shall be permitted as allowed in this Code;
   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;
   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;
   25. Eating establishments: sit-down. 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. This includes establishments that are engaged in the sale, mixing or dispensing of alcoholic beverages or low-point beer containing more than 0.5 percent alcohol by weight for consumption on the premises as accessory to a restaurant operation. All requirements of 37 O.S. and any applicable sections of this Code shall be met. They are located at high capacity/high volume sites that are easily accessed by pedestrians and vehicles. Typical uses include restaurants, short order eating places, cafeterias, and coffee shops. Live entertainment shall be permitted as allowed within this Code;
   26. Food and beverage retail sales. Establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption. Sales of low-point beer as defined in 37 O.S. § 163.2 shall be allowed. All requirements of this 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;
   27. Food and beverage retail sales: temporary or seasonal. Establishments or places of business primarily engaged in the retail sale of food and beverages for home consumption on a temporary or seasonal basis only. These establishments are characterized by utilizing portable buildings or roadside stands on the seller's premises or on a detached location. All sections of this Code must be met. Typical uses include a roadside stand selling fruits and vegetables and snow cone stands;
   28. Funeral and interment services: animals. Interring services involving the permanent disposition of animal bodies. Typical uses include animal cemeteries;
   29. Funeral and interment services: burial. Interring services involving the permanent disposition of human bodies. Typical use is a cemetery, which may not include on-site structures for such accessory uses as columbarium, crematoriums, funeral homes, and mausoleums;
   30. Funeral and interment services: undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes, mortuaries, and crematoriums;
   31. Gasoline sales: light. 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;
   32. 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;
   33. Health clubs. Establishments or places of business engaged in providing exercising and recreation facilities. Typical uses include health spas, gymnasiums, and dance exercise facilities. Spectator provisions are incidental to the participant activity;
   34. 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 services and employ five or fewer full-time employees. Typical uses include laundry agencies, diaper services, or linen supply services;
   35. Manufactured housing and 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;
   36. 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;
   37. Medical services: general. Establishments primarily engaged in the provision of personal health services, 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;
   38. 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. The sale of alcoholic beverages is prohibited;
   39. Participant recreation and entertainment; indoor, alcoholic beverages and low-point beer permitted. Those participant recreation and entertainment uses conducted within an enclosed building. Any spectators would be incidental to the participant activity. The sale, mixing, or dispensing of alcoholic beverages or low-point beer containing more than 0.5 percent alcohol by weight for consumption on the premises as accessory to the operation. All requirements of 37 O.S. and any applicable sections of this Code shall be met. The gross sales of alcoholic beverages and low-point beer as defined above shall not exceed 25 percent of the gross sales of the eating establishments. Typical uses include bowling alleys, billiard parlors, skating rinks, arcades and family amusements centers;
   40. 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 theatres, and amusement parks;
   41. 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, barbershops, beauty parlors, 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;
   42. 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, 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, theatre ticket office, or a utility company business office, and all activity takes place within a completely enclosed building;
   43. Personal storage. Buildings containing enclosed individual rental storage facilities not exceeding 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 outside storage;
   44. 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;
   45. 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 outside storage, display or activity. Typical uses include electronics or medical research facilities, product testing laboratory, or a pharmaceutical laboratory;
   46. Retail sales and services: adult entertainment. Amusements or entertainment which is distinguished or characterized be an emphasis on acts of material depicting, describing or relating to sexual conduct or specified anatomical areas, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. Typical uses include adult bookstores, adult motion picture theatres, adult motels, massage parlors, sexual encounter centers, and adult motion picture arcades:
   47. Retail sales and services: restricted. Establishments engaged in the sale or rental of goods and services where storage and warehousing space could be a necessity. The characteristics of these establishments may not be appropriate in certain retail locations. Typical uses include appliance repair, used furniture sales and rentals, used clothing sales, food banks, pawnshops, blood and/or plasma donation centers, including similar donation centers, and surplus stores;
   48. 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, appliance stores, clothing stores, artist supplies, book or stationary 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 stores, swimming pool supplies and equipment, record or tape stores, leather goods shops, monument sales, general stores, floor covering stores, bicycle stores, and tobacco shops;
   49. 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;
   50. Spectator sports and entertainment: restricted. Establishments of 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 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;
   51. 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 500 people or in open facilities, and including retail sales, storage facilities, and other activities incidental to the operation. Typical uses include large theatres or amusement places;
   52. 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 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;
   53. 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;
   54. 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 boardinghouses. The size and location of all retail facilities shall be subject to all the zoning district regulations in which the use unit is located;
   55. Off-street parking.
       1. Commercial parking. A sealed surface area, enclosed or unenclosed, sufficient in area for the parking of vehicles together with one or more sealed surfaced driveways 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 incidental to the use (i.e., gate/guard houses) may be located in front of the setback line but no structure shall be permitted on street rights-of-way. Commercial parking areas shall not be used for personal vehicle storage. All provisions of the city's landscaping requirements shall be complied with;
       2. 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 driveways 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 by the users. 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 the city's landscape requirements shall apply. Accessory parking, commercial parking, and personal vehicle storage shall comply with all applicable city ordinances.
6. Industrial use unit classifications. Industrial use unit classifications include the on-site storage, manufacture, assembly or processing of products and goods not otherwise classified as agricultural or extractive.
   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 horsepower or three kilowatts not exceeding eight 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;
   2. Light industrial: restricted. Establishments engaged in the manufacture, assembly, research, collection and compression or processing of products and foods with all operations and processes entirely within an enclosed structure, requiring no outdoor industrial wastewater treatment systems, producing no airborne emissions, objectionable noise, glare, odor, vibrations, smoke or dust associated with the industrial operation. There is no outdoor storage of raw materials and products. Typical uses include, but are not limited to, bakery employing more than five employees; book binder; cabinet shop; clothing manufacturing; furniture upholstering; ice plant; laundry and dry cleaning plant employing more than five full-time people; printing plant; engraving plant; instrument and meter manufacture; mattress renovation; optical goods manufacture; photographic equipment manufacture; and collection and compression of aluminum cans and glass for recycling;
   3. Light industrial. Establishments engaged in the manufacture, assembly, research, or processing of products and goods with operations and processes entirely within an enclosed structure, requiring no outdoor industrial wastewater treatment system, and producing no airborne emissions, objectionable noise, dust, glare, odor, vibrations, smoke or dust associated with the industrial operation. Outdoor storage of raw materials and products is permitted with proper screening. Typical uses include, but are not limited to, bottling plant; candy manufacture; cosmetic manufacture; rubber stamp manufacture; pottery and figuring manufacturing; machine shop; and stone and monuments works;
   4. Moderate industrial. Establishments engaged in the manufacture, assembly, research, or processing of storage, operations and processes meeting applicable federal, state and municipal standards for wastewater and airborne industrial emissions, noise, vibrations, smoke, dust and odor that do not produce any adverse effects. Outdoor storage of raw materials and products is permitted with proper screening. 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;
   5. Heavy industrial. Establishments engaged in the manufacture, assembly, research, or processing of products and goods with outside storage, operations and processes meeting applicable federal, state, and municipal standards for wastewater and airborne industrial emissions. Even though these standards are met, noise, vibrations, smoke, dust, and odor may cause adverse impacts. Outdoor storage of raw materials and products is permitted. Typical uses include, but are not limited to, slaughterhouse and packing plants; smelting to 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 handcrafted 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 manufacturing 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; pyroxlin manufacture; rock crusher; sauerkraut manufacture; shoe polish manufacture;
   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; and refining, recycling or processing of radioactive materials;
   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 junkyards, and paper or material salvage yards;
   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;
   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 or open storage yards where activity may generate noise and dust.
7. Transportation use unit classification. Transportation use types include facilities for the movement of people or goods by either public or private organizations.
   1. Transportation facilities: passenger. Surface facilities which contribute to the movement of people on a local or cross-country basis. Typical uses include inter-city bus or railroad passenger terminals;
   2. Transportation facilities: freight, restricted. Facilities which contribute to the surface movement of inner-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;
   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. Transportation facilities: aircraft. Permanent and temporary facilities which provide access to airborne transport for people and goods. Typical uses include airport, landing strip, heliport, and helicopter landing pad;
8. Extractive use unit classification. Extractive use unit classifications include the on-site production of mineral products by extractive method.
   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;
   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 this Code shall be met.

(LDC 1991, § 12-206; Ord. No. 217, 1-5-1998; Ord. No. 296(00), 11-20-2000; Ord. No. 303(00), 12-18-2000; Ord. No. 314(01), 3-5-2001; Ord. No. 556(06), 9-18-2006)

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

(Prior Code, app. B, § 16-88; LDC 1991, § 12-380; Ord. No. 296(00), 11-20-2000)

It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes. However, this section does not apply to C-3 General Commercial District zoning, so long as the dwelling unit meets all building codes of the city and all ordinances of the city are complied with, and the residential use is secondary to the nonresidential use.

(Prior Code, app. B, § 16-89; LDC 1991, § 12-381; Ord. No. 296(00), 11-20-2000)

Any use permitted on review in any zoning district by the planning commission of the city may be reopened after the use permitted has ceased or been discontinued 180 days or less without having to apply for and secure permission from the planning commission for any use authorized in any zoning district according to the city's zoning regulations.

(LDC 1991, § 12-382; Ord. No. 431, 4-6-1987; Ord. No. 296(00), 11-20-2000)

1. The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in the foregoing divisions:
   1. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure;
   2. Open eaves, cornices, windowsills, and belt courses may project into any required yard a distance not to exceed two feet. Open uncovered porches or open fire escapes may project into a front yard or rear yard a distance not to exceed five feet. Fences, walls or hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that no fence, wall or hedge located in front of the building line shall exceed four feet in height and no other wall or fence shall exceed seven feet in height. All accessory structures, including detached garages, fences, pools and walls, shall be maintained structurally sound and in good repair.
2. Where the dedicated street right-of-way is less than 50 feet, the front yard depth shall be determined by measuring from a point 50 feet back from the centerline of the street easement.
3. No dwelling shall be erected on a lot which does not abut on at least one street, at least 50 feet in width, for at least 35 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if there is compliance with all other provisions of these regulations.
4. No minimum lot sizes and open spaces are prescribed for some commercial and industrial uses. It is the intent of these regulations that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.
5. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two feet, six inches and four feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection.
6. An attached or detached private garage which faces on a street shall not be located closer than 20 feet to the street easement line.
7. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.
8. Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation or other site planning variation from that of other buildings, structures, or uses in the area or on buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning commission.
9. No fence shall be erected on any lot within a R-1 or R-2 zoning district until the construction of the primary structure has commenced on that same lot, unless the lot can be legally combined as part of an adjacent lot fronting the same street. Approval from the community development director is required for fences located on vacant lots in the R-1 and R-2 zoning districts.

(Prior Code, app. B, § 16-90; LDC 1991, § 12-383; Ord. No. 189, 6-2-1997; Ord. No. 296(00), 11-20-2000; Ord. No. 302(00), 12-18-2000)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth herein:

1. Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit; and
2. Churches, schools, hospitals, sanitariums and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of one side yard's requirements in the district are increased one footfor each two feet by which the height of such public or semi-public structures exceeds the prescribed height limit.

(Prior Code, app. B, § 16-91; LDC 1991, § 12-384; Ord. No. 296(00), 11-20-2000)

1. The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.
   1. The following restrictions shall apply to accessory buildings in residentially zoned or residentially used lots under three-quarter-acre in size:
      1. The maximum square footage of all accessory buildings, either permanent or temporary, on a residential lot under three-quarter-acre in size shall not exceed 600 square feet;
      2. The maximum number of accessory buildings, either permanent or temporary, on any lot shall not exceed a total of three;
      3. No accessory building, either permanent or temporary, shall exceed ten feet in wall height as measured from ground level to the top of the side wall fascia, and shall not exceed an overall height of 15 feet when measured from ground level to the roof ridge;
      4. If a permanent accessory building is constructed on the front or side building line that is visible from the street, at least 50 percent of the facade facing the street shall be covered with brick or rock veneer, or other material approved by the community development director satisfying the intent of this section, to match or complement the existing architectural design of the main structure, excluding doors and windows.
   2. Steel shipping containers shall not be used as a permanent or temporary accessory building within any residential zoning district. Steel shipping containers consist primarily of a steel exterior and are manufactured to transport goods.
   3. Any officer or employee of this city who discovers or receives a report of a noncomplying building, shall report such conditions to the community development director or designee.
   4. The community development director or designee may cause noncomplying buildings within the city limits to be torn down or removed, in accordance with the following procedure:
      1. At least ten days' notice shall be given to the owner of the property before the city takes action or holds a hearing as provided herein. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee. At the time of mailing of notice to any property owner or mortgage holder, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication, as defined by 11 O.S. § 1-102. Such notice may be published once not less than ten days prior to any hearing or action to be taken pursuant to this section;
      2. A hearing shall be held by the community development director or designee to determine whether the building is in compliance with the regulations of this section;
      3. If the community development director or designee finds that the building is not in compliance, the community development director or designee may cause the building to be torn down and removed, and shall fix reasonable dates for the commencement and completion of the work. The city clerk shall immediately file a notice of lien with the county clerk describing the property, the findings of the community development director or designee at the hearing, and stating that the city claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice;
      4. The property owner shall have a right of appeal to the city council from an order of the community development director or designee, and as provided by law. The appeal shall be filed in writing with the city clerk within ten days after the administrative order is rendered.
   5. If the work is not performed by the property owner within the dates fixed by the community development director or designee, the community development director or designee shall direct the tearing down and removal be done by one of the following methods:
      1. By the city;
      2. On a private contract basis, in which case it shall be awarded to the lowest and best bidder.
   6. After the building has been torn down and removed, the community development director or designee shall determine the actual cost of the dismantling and removal of buildings and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing. The city clerk shall forward a statement of such actual cost attributable to the dismantling and removal and a demand for payment by mail to the property owner at the address specified in this section. In addition, a copy of the statement shall be mailed of the statement costs to any property owner or mortgage holder; the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
   7. If payment is not made within six months from the date of the mailing of the statement, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which property is located. The city shall have a lien on the property for such costs, together with interest thereon, and the lien shall continue until the cost shall be fully paid as provided by law.
   8. When payment is made to the city for costs incurred, the city shall file a release of lien or part thereof.
   9. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
2. Fences shall be permitted subject to the requirements of the Moore City Code.
   1. Front Yard Fence. A front yard fence shall be defined as a fence located within the required front yard setback area for all structures or in front of the front wall of the main building on the site. It shall be considered a structure and shall be subject to the regulation of structures in this chapter and Chapter 8 of the Moore City Code, Buildings and Building Regulations. It shall be permitted subject to the following conditions and requirements:
      1. The front yard fence shall be a decorative-type open fence that does not exceed four feet in height. Only chain-link, decorative wrought-iron metal, picket and split rail fencing shall be permitted.
   2. Side and Rear Yard Fence. A side and and rear yard fence shall be defined as a fence located within the side and rear yard as defined in Section 12-473 of the Moore Land Development Code.
      1. No such fence shall exceed eight feet in height; and
      2. All fencing measuring eight feet in height shall be placed a minimum of five feet from any structure.
      3. Fence height may step down to four feet in height over a maximum distance of four feet in front of the front wall of the main building on the site with approval from the Community Development Director or their designee. All other requirements of a fence located in the front yard shall apply.
   3. The term "sight-proof or screening fence" is intended to denote a fence of a permanent nature which begins at the level of the ground and extends to such height that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot which the fence surrounds, provided that the fence shall not be required to be in excess of seven feet in height, except salvage yards which shall be eight feet in height. All such fences shall be kept painted and in good repair and appearance at all times. The following types of construction shall qualify as sight-proof or screening fences:
      1. Masonry construction. Masonry fences shall require a concrete footing being 18-inches deep and extending 2-inches beyond the brick face.. There shall be no openings in a masonry fence, including decorative blocks, of more than three eighths inches in width;
      2. Metal fences. All posts for metal fences will be metal and set in concrete. There shall be no openings of more than three-eighths inches in width. Colors shall be in keeping with the surroundings;
      3. Wood fences. All posts for wooden fences shall be metal or wooden and set in concrete. There shall be no openings of more than three-eighths inches in width, and the material shall be of conventional fence type material, such as redwood, stockade, etc.;
      4. Gates and entrances. All gates and entrances shall correspond to the fence and shall be sight-proof; and
      5. Shrubbery. Shrubbery may supplement, but not take the place of, sight-proof fencing.
   4. All fencing shall adhere to the following requirements:
      1. Barbed, hog, or chicken wire, or single-strand fencing may be used in agricultural or industrial zoning districts, except such fencing shall not be used along the property line abutting R-1 through R-3 zoning districts.
      2. Fences shall be kept in an attractive state, in good repair, and in a safe and sanitary condition at all times by the property owner.
      3. No fence shall pose a safety or visibility hazard. No fence shall be erected within twenty-five feet of the intersection of the right-of-way lines of any public or private street. No fence shall be erected within twelve feet of the intersection of any private driveway and the pavement edge.
      4. No fence shall be placed within a public street right-of-way or public roadway easement.
      5. Fence height shall be measured vertically from the inside natural elevation of the yard where it is erected.
      6. Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declaration of covenants and restrictions relating to architectural controls, deed restrictions or platted setback lines that may further limit the construction of a fence on a parcel.
         
3. Private swimming pools may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence not less than four feet in height, and shall meet the requirements set out in the building code.
4. Every salvage yard or junkyard or salvage storage yard within the city shall be enclosed by a sight-proof fence which shall be kept painted and in good repair and appearance at all times. Salvage yards or junkyards now existing as nonconforming uses and all other salvage yards and junkyards within the city shall comply with the terms of these regulations within six months from the effective date of the ordinance from which this section is derived.

(Prior Code, app. B, § 16-93; LDC 1991, § 12-386; Ord. No. 296(00), 11-20-2000; Ord. No. 428(03), 10-20-2003; Ord. No. 743(13), 3-18-2013)

Animals in any district shall be kept only in accordance with the ordinances of the city.

(Prior Code, app. B, § 16-94; LDC 1991, § 12-387; Ord. No. 296(00), 11-20-2000)

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

(Prior Code, app. B, § 16-95; LDC 1991, § 12-388; Ord. No. 296(00), 11-20-2000)

Travel trailer parks and manufactured home parks shall be constructed in accordance with the requirements of the city.

(Prior Code, app. B, § 16-96; LDC 1991, § 12-389; Ord. No. 296(00), 11-20-2000)

1. These regulations provide that adequate parking, loading, and maneuvering facilities will be a part of all land uses within the city. These regulations establish standards and review procedures intended to ensure that the demand created by each land use will be satisfied by facilities that are functionally adequate and aesthetically pleasing.
2. Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.
3. Permanent off-street parking and area in the amount specified by this section for each use shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased, in the amount required for the enlargement or increase in capacity by adding dwelling units, guest rooms, seats, or floor area; or before conversion from one type of use or occupancy to another.
4. Use of right-of-way prohibited.
   1. No portion of any required off-street space shall occupy or use any public street, right-of-way, alley, or other public property.
   2. Parking spaces which use any street or public right-of-way as a direct means of access without the intermediate use of service aisles and entrances of at least the minimum standards specified by this section shall be prohibited. A public alley shall not be the only public right-of-way area permitted for maneuvering space to reach a required parking stall.
5. The off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of the principal land use.
6. Whenever two or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements. Spaces provided for permanent residents of dwellings shall be clearly designated and separated from spaces provided for employees, customers and service.
7. The land upon which the off-street parking is located shall be owned or controlled by the same entity which owns or controls the land on which the principal use is located.
8. A required off-street parking space shall be at least nine feet in width and at least 18 feet in length exclusive of access drives or aisles, and conform to the following:
   1. All maneuvering, except parallel parking, shall be designed so that a vehicle may enter an off-street parking space in one forward motion and may exit in one reverse and one forward motion;
   2. Circulation within a parking area shall be designed so that a car entering the parking area need not enter a street to reach another aisle;
   3. All required parking spaces shall be clearly outlined on the surface of the lot with paint or other easily distinguishable material;
   4. Handicapped parking shall conform to all requirements of this Code and A.N.S.I. Code;
   5. Minimum one-way service aisles shall be 14 feet wide. Minimum two-way service shall be 24 feet wide.
9. On any corner lot formed by two intersecting streets, no parking shall be permitted, and no wall, fence, sign, structure or plant growth shall have a height in excess of three feet above the elevation of the crown of the adjacent roadway. Surface shall be maintained in a triangle formed by measuring a distance of 30 feet along the said front and side lot lines, from their point of intersection, and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.
   
10. Handicapped parking.
    1. Parking spaces for vehicles with handicapped drivers shall be per the following Table 1:
       
       Table 1
       
       

       Total Parking in Lot	Required Number of Accessible Spaces
       Up to 25	1
       26 to 50	2
       51 to 75	3
       76 to 100	4
       101 to 150	5
       151 to 200	6
       201 to 300	7
       301 to 400	8
       401 to 500	9
       501 to 1,000	2% of total
       Over 1,000	20, plus 1 for each 100 over 1,000

    2. The size of a parking space for vehicles with handicapped drivers shall be a minimum of 12½ feet by 18 feet.
11. Off-street parking facilities shall be provided in all districts in accordance with the schedule found in Table 2. For any use not accounted for in the table, the community development director shall make a determination of the parking demand to be created by the proposed use, and the amount of parking this determined shall be the off-street parking requirements for the permitted use. This decision can be appealed to the planning commission.
    
    Table 2
    
    

    Agriculture Use Unit Classifications
    Agricultural processing: limited	Director approval
    Agricultural processing: general	Director approval
    Animal raising: personal	Director approval
    Animal raising: commercial	Director approval
    Animal waste processing: limited	Director approval
    Horticulture	See Table 3, retail, for building are (exclusive of greenhouse): for greenhouse, see Table 3, warehouse
    Row and field crops	Director approval
    Residential Use Unit Classifications
    Single-family detached residential	2 spaces per dwelling unit
    Two-family attached residential	2 spaces per dwelling unit
    Townhouse	2 spaces per dwelling unit
    Multifamily residential:
    Efficiency and one bedroom	1.5 spaces per dwelling unit
    Two or more bedrooms	2 spaces per dwelling unit
    Manufactured home residential	2 spaces per dwelling unit
    Group residential	Director approval
    Public and Quasi-Public Use Unit Classifications
    Public service or utility: light	Director approval
    Public service or utility: moderate	Director approval
    Public service or utility: heavy	Director approval
    Sanitary landfill	Director approval
    Hazardous waste disposal	Director approval
    Low impact institutional: neighborhood related:
    Elementary school	1 space per 10 classroom seats
    Churches, temples, synagogues	1 space per 3 seats in the major place of assembly
    Moderate impact institutional:
    Junior high schools	1 space per 10 classroom seats
    High schools	1 space per 4 classroom seats
    Fraternal organizations	1 space per 100 square feet of floor area used for assemble or recreation
    High impact institutional:
    General college and university	1 space per 4 classroom seats
    Vocational schools	1 space per 2 classroom seats
    Hospitals and sanitariums	2 spaces per bed plus 1 space per 500 square GFA of emergency room and outpatient care (where such care is specifically provided)
    Cultural exhibits	1 space per 400 square feet of GFA
    Library services and community centers:
    Libraries	1 space per 300 square feet GFA
    Community centers	1 space per 300 square feet GFA
    Community recreation: restricted:
    Golf course	5 spaces per green plus 1 space per 200 square feet GFA of public building area
    Swim centers	1 space per 150 square feet of pool surface area and accessory area
    Game courts: tennis, squash, racquetball, handball	5 spaces per court
    Playgrounds, playfield, public park	Director approval
    Community recreation: general:
    Golf courses	5 spaces per green
    Clubhouses	1 space per 100 square feet GFA
    Swim centers	1 space per 150 square feet of pool area
    Game courts: tennis, squash, racquetball, handball	5 spaces per court
    Playgrounds, playfield, marina, boat dock, public park	Director approval
    Group care facility	Director approval
    Community-based care facility	Director approval
    Commercial Use Unit Classifications
    Administrative and professional office	See Table 3, office
    Agricultural supplies and services	See Table 3, retail
    Alcoholic beverage sales	See Table 3, retail
    Animal sales and services: auctioning	See Table 3, retail
    Animal sales and services: grooming	See Table 3, retail
    Animal sales and services: horse stables	Director approval
    Animal and sales and services: kennels and veterinary sales, restricted	See Table 3, retail
    Animal and sales and services: kennels and veterinary sales, general	See Table 3, retail
    Automotive and equipment: light	1 space per 150 square feet GFA: 5 spaces minimum (interior bays may be counted toward meeting this requirement)
    Automotive and equipment: heavy	1 space per 150 square feet GFA: 5 spaces minimum (interior bays may be counted toward meeting this requirement)
    Automotive sales and rentals: light:
    For showroom area	See Table 3, retail
    For outside lot	1 space per 5,000 square feet
    For service area and body shop	See Automotive and equipment: light
    Automotive and equipment sales and rentals: heavy:
    For showroom area	See Table 3, retail
    For outside lot	1 space per 5,000 square feet
    For service area and body shop	See Automotive and equipment: heavy
    Automotive and equipment: storage	Director approval
    Building maintenance service	See Table 3, retail
    Business support services	See Table 3, office
    Child care center	1 space per 10 children enrolled plus 1 space per 2 employees and 1 space per vehicle used in the operation or the center
    Adult day care center	A base of 3 parking spaces for staff plus 2 spaces for the first 8 participants, plus an additional 1 space for each additional 8 participants over the first shall be required
    Communications services: limited tower operations	See Table 3, office
    Communications services: towers	Not applicable
    Construction sales and services:
    For showroom area	See Table 3, office
    For outside lot	See Table 3, warehousing (substitute lot area for GFA)
    Convenience sales and services	See Table 3, retail
    Drinking establishments: sit-down, alcoholic beverages and lot-point beer permitted	A minimum of 12 spaces plus 1 space per 100 square feet GFA
    Eating establishments: drive-in	A minimum of 12 spaces plus 1 space per 100 square feet GFA, excluding cold storage
    Eating establishments: fast foods	A minimum of 12 spaces plus 1 space per 100 square feet GFA, excluding cold storage
    Eating establishments: sit-down	1 space per 100 square feet GFA
    Food and beverage retail sales	See Table 3, retail
    Food and beverage retail sales: temporary or seasonal	Director approval
    Funeral and interment services: animal	1 space per 4 seats in chapel and 1 space per 300 square feet of nonassembly area within building
    Funeral and interment services: burial	1 space per 4 seats in chapel and 1 space per 300 square feet of nonassembly area within building
    Funeral and interment services: undertaking	1 space per 4 seats in chapel and 1 space per 300 square feet of nonassembly area within building
    Gasoline sales: light	See Table 3, retail (for spaces in addition to adequate queuing and access space)
    Gasoline sales: general	Director approval
    Health clubs	See Table 3, retail
    Laundry services	See Table 3, retail
    Manufactured housing and trailers: sales and rentals:
    For showroom area	See Table 3, retail
    For outside lot	See Table 3, warehousing (substitute lot area for GFA)
    For service area and body shop	See Table 3, industrial and manufacturing
    Medical services: restricted	The greater of either 7 spaces per doctor on duty and 2 spaces per 3 employees or that which is required in Table 3, offices
    Medical services: general	The greater of either 7 spaces per doctor on duty and 2 spaces per 3 employees or that which is required in Table 3, retail
    Participant recreation and entertainment: indoor:
    Bowling alleys	5 spaces per lane
    Billiard parlors	See Table 3, retail
    Dance halls	1 space per 50 square feet of club area and 1 space per 100 square feet of remaining GFA
    Skating rinks	Director approval
    Arcades	See Table 3, retail
    Theatres	1 space per 3 seats
    Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted:
    Bowling alleys	5 spaces per lane
    Billiard parlors	See Table 3, retail
    Dance halls	1 space per 50 square feet of club area and 1 space per 100 square feet of remaining GFA
    Skating rinks	Director approval
    Arcades	See Table 3, retail
    Theatres	1 space per 3 seats
    Participant recreation and e entertainment: outdoor	Director approval
    Personal services: restricted	See Table 3, office
    Personal services: general	See Table 3, office
    Personal storage	1 space per 5,000 square feet of storage area
    Repair services: consumer	See Table 3, retail
    Research services	See Table 3, office
    Retail sales and services: general	See Table 3, office
    Retail sales and services: adult entertainment	See Table 3, office
    Retail sales and services: outdoor swap meets	Director approval
    Spectator sports and entertainment: restricted	Director approval
    Spectator sports and entertainment: general	Director approval
    Spectator sports and entertainment: high impact	Director approval
    Tourist accommodations: campgrounds	Director approval
    Tourist accommodations: lodgings	1 space per rental plus 1 space per 200 square feet GFA of restaurant area (including kitchen) plus 1 space per 100 square feet GFA of club area (excluding office and meeting rooms) plus 1 space per 200 square feet for any retail area
    Industrial Use Unit Classifications
    Custom manufacturing	See Table 3, manufacturing and industrial
    Light industrial: restricted	See Table 3, manufacturing and industrial
    Light industrial	See Table 3, manufacturing and industrial
    Moderate industrial	See Table 3, manufacturing and industrial
    Heavy industrial	See Table 3, manufacturing and industrial
    Hazardous industrial	See Table 3, manufacturing and industrial
    Scrap operations	1 space per 15,000 square feet of outdoor storage area
    Wholesaling, storage and distribution: restricted	See Table 3, warehousing
    Wholesaling, storage and distribution: general	See Table 3, warehousing (substitute total site area for GFA)
    Transportation Use Unit Classifications
    Transportation facilities: passenger	Director approval
    Transportation facilities: freight, restricted	See Table 3, warehouse plus supplementary parking for tractors and trailers as needed
    Transportation facilities: freight, general	Director approval
    Transportation facilities: aircraft	Director approval
    Extractive Use Unit Classifications
    Mining and processing: mineral and raw materials	3 spaces per employee on largest shift
    Mining and processing: oil and gas	3 spaces per employee on largest shift

    Table 3
    
    

    Retail	For the First 5,000 sq. ft. GLA	From 5,001— 12,000 sq. ft. GLA	From 12,001— 30,000 sq. ft. GLA	From 30,001— 50,000 sq. ft. GLA	Over 50,000 sq. ft. GLA
    	1 space/150 sq. ft. GLA	1 space/200 sq. ft. GLA	1 space/225 sq. ft. GLA	1 space/250 sq. ft. GLA	1 space/300 sq. ft. GLA
    Office		For the first 12,000 sq. ft. GLA	From 12,001— 48,000 sq. ft. GLA	Over 48,000 sq. ft. GLA
    		1 space/250 sq. ft. GLA	1 space/300 sq. ft. GLA	1 space/350 sq. ft. GLA
    Manufacturing and Industrial		For the first 20,000 sq. ft. GLA	Over 20,000 sq. ft. GLA
    		1 space/500 sq. ft. GLA	1 space/1,000 sq. ft. GLA
    Warehousing		For the first 20,000 sq. ft. GLA	Over 20,000 sq. ft. GLA
    		1 space/1,000 sq. ft. GFA	1 space/5,000 sq. ft. GFA

    Notes for Table 3:
    
    GLA = Gross Leasable Area.
    GFA = Gross Floor Area
    1. For mixed uses containing any combination of retail, office, manufacturing and industrial, or warehousing activity, parking requirements shall be tabulated separately for each use within the development using the list of specific standards or Table 3. When types of uses are not known at the time of development, then the director shall make the determination as to the type of parking (i.e., retail) which will be required. Mixed uses regulated under separate parking requirements shall not be combined to achieve a larger square footage total that would result in a reduced parking requirement. Where any part of a mixed use is converted to another use category then the parking requirements shall be recalculated based on the new square footage.
    2. Where a manufacturing and industrial use has more than one working shift of employees, parking facilities shall be adequate to accommodate overlap requirements during transition periods.
    3. Where a multiple purpose retail or industrial building is proposed to be occupied by a use which can be demonstrated by the occupant to require less parking than the standards contained herein, the director may permit paving of a smaller parking area to meet the estimated need; provided, however, that the balance of the land required by these regulations shall be held in reserve as an unpaved area to meet future needs generated by an expansion of the business or a change in land use.
12. All parking spaces shall be paved with a sealed surface pavement and maintained in a manner that no dust will result with continued use.
13. Whenever off-street parking lots for more than six vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:
    1. All sides of the lot within or abutting the residential district shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than five or six feet. Such fence, wall or hedge shall be maintained in good condition;
    2. No parking shall be permitted within a front yard setback line established 15 feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the from yard of a residential unit. In all other cases, no setback is required;
    3. All yards shall be landscaped with grass and shrubs and maintained in good condition year-round;
    4. Driveways used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns;
    5. All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use;
    6. Whenever lighting is provided, the intensity of light and arrangement of reflectors shall be such as not to interfere with residential district uses; and
    7. No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only non-intermittent white lighting of signs shall be permitted.

(Prior Code, app. B, § 16-97 thru 104; LDC 1991, § 12-390; Ord. No. 296(00), 11-20-2000)

It is unlawful for any truck or bus to be parked or stored on public or private property within an area zoned for residential use or in other zoning districts within 300 feet of residential subdivisions except for purposes of loading or unloading. The following are exempt from the 300-foot restriction set forth herein:

1. Any truck or bus used in business lawfully established within commercial or industrial zoning districts;
2. Trucks used for farming by the owner or occupant in agricultural zoning districts; or
3. Buses owned and operated by public or private schools and school districts and church buses from 6:00 a.m. to 6:00 p.m.

(LDC 1991, § 12-391; Ord. No. 507, 2-8-1990; Ord. No. 296(00), 11-20-2000)

Use of residential structures intended for, or previously or presently used for, either singlefamily or two-family residential purposes or dwellings, located in an industrial or commercial district, shall comply with the provisions of this section. Whenever a building or structure designed for residential or dwelling purposes is located in a commercial or industrial district, no commercial or industrial use shall be permitted on the lot on which the residence or dwelling is situated until the residence or dwelling has been completely removed; and no residential structure, residence or dwelling building shall be used for any commercial and industrial use. Any structure, residence or dwelling may be retained on the lot and used for a commercial or industrial purpose when the zoning is in conformity with the intended use, when the structure conforms to or exceeds all plumbing, electrical and all other building codes and when plans have been submitted to alter the structure to enhance the aesthetic beauty of those structures in the immediate area and to alter the structure compatible to a structure of the commercial or industrial use to which the building is intended in the general area.

(Prior Code, app. B, § 16-105; LDC 1991, § 12-392; Ord. No. 296(00), 11-20-2000)

The owner, developer, or person securing a commercial zoning for an unplatted commercial district shall apply for and secure a building permit and begin construction upon area commercially zoned within two years after the effective date of rezoning; and if the permit has not been obtained and construction commenced within the two years, the planning commission shall review the status of the development; this fact, and the reasons thereof, shall be reported to the city council, who may, at its discretion, rezone the commercial district to a zoning district classification consistent with the general plan or to the original zoning classification prior to the last rezoning approved by the city council.

(Prior Code, app. B, § 16-105A; LDC 1991, § 12-393; Ord. No. 296(00), 11-20-2000)

For the purposes of providing proper arrangements of streets and assuring the adequacy of open spaces for traffic, utilities and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows:

1. For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of a tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to and approved by the city council upon the recommendation of the planning commission, and filed on record in the office of the county clerk where the property is situated, provided that the city council, upon the recommendation of the planning commission, pursuant to their jurisdiction of subdivision plats, may remove the platting requirement upon the determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat. All residential structures in the A-1 and A-2 zoning districts may be exempted from this requirement upon approval from the community development director;
2. No building permit shall be issued for any structure located on an unplatted lot as defined by city codes; provided, however, that this requirement shall not apply to the erection of structures in the A-1 and A-2 zoning districts, or as determined by the community development director.

(LDC 1991, § 12-394)

1. It is the finding of the city that certain public, quasi-public and private activities involving medical, mental health, psychiatric, nursing home and group homes facilities, by their very nature, generate sufficient traffic, noise or light and other major impacts on surrounding land uses that such activities should be subject to review and regulation in furtherance of the general welfare of the residents of the city.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Adult living center or group home means any building, house, facility, or retreat where persons who are unrelated by blood or marriage are brought together to reside by virtue of any public or private, for-profit or non-profit, program which provides or organizes such a living arrangements to assist persons with mental, emotional, physical, health, age or other handicaps to live independently outside of either:
   1. A larger or more formal institution; or
   2. Other places where care is unavailable for any reason.
   Drug, alcohol or rehabilitation center means any hospital, school, building, house, facility or other place where medical care, counseling or treatment is offered or provided to persons in need of such services on account of alcohol, drug or any other chemical problems, such as, without limitation, use, abuse, or dependency.
   
   Hospital means any institution, place, building or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of patients admitted for overnight stay or longer in order to obtain medical care, surgical care, obstetrical care or nursing care for illness, disease, injury, infirmity or deformity. All places where pregnant females are admitted and receive care incident to pregnancy, abortion or delivery shall be considered to be a hospital within the meaning of this section, regardless of the number of patients received or the duration of their stay. The term "hospital" includes general and specialized hospitals, tuberculosis sanatoria, maternity homes, lying-in homes, and homes for unwed mothers in which care is given during pregnancy or delivery.
   
   Mental health facility or psychiatric center means any hospital, school, building, house, clinic, retreat or other place where in-patient or out-patient, day or over-night, mental psychological treatment or group therapy are provided to the mentally ill, mentally retarded or those persons in need of such mental health facilities.
   
   Nursing homes or convalescent care facility means any building, house, retreat or facility, not defined in the above definition of the term "drug, alcohol or rehabilitation center," "hospital," or "mental health facility," in which nursing care or convalescent care and living is provided or intended to be provided to ten persons or more who are not members of the same family by blood or marriage.
3. No use defined in subsection (B) of this section may be operated in the city regardless of zoning without having all appropriate and applicable licenses or approvals of the state. Such use shall operate under the respective state rules and regulations, if any. Uses defined in subsection (B) of this section which are in lawful operation as of February 16, 1988, may continue in operation.
4. Any use defined in subsection (B) of this section shall only be operated in a C-3 General Commercial District or R-3 General Residential Zoning District, and shall be authorized only as a use permitted on review.
5. Any use defined in subsection (B) of this section shall be open for inspection by the director of the health department, fire marshal and officials of the applicable state department licensing the facility, or their designees.
6. Enforcement of this section shall be mandatory and the responsibility of the code enforcement officer of the city and the city attorney.

(Prior Code, app. B, § 16-107; LDC 1991, § 12-395; Ord. No. 442, 2-16-1988; Ord. No. 296(00), 11-20-2000)

The following requirements are intended to provide guidelines for construction of metal buildings when utilized as the primary structure in zoning districts RE, R-1 through R-4 and C-1 through C-6:

1. If a metal building is utilized for the primary structure on a lot in a C-1 through C-4 zoning district, or any lot which fronts the I-35 corridor (any lot within 600 feet of the centerline of the I-35 right-of-way), 75 percent of the structure must be covered with brick or rock veneer, or a material approved by the community development director satisfying the intent of this article, excluding windows and doorways.
2. If a metal building is utilized for the primary structure in a C-5 or C-6 zoning district or for the nonresidential primary structure in a R-1 through R-4 zoning district, at least 50 percent of the facade of the structure facing a public street must be covered with brick or rock veneer, or a material approved by the community development director satisfying the intent of this article, excluding windows and doorways.
3. If a metal building is utilized for the residential dwelling structure in a R-1 through R-4, or RE zoning district, at least 50 percent of the facade of the structure must be covered with brick or rock veneer, or a material approved by the community development director satisfying the intent of this article, excluding windows and doorways. No portion of exterior facade of the structure shall be covered with metal siding.

(LDC 1991, § 12-396; Ord. No. 226(98), 4-6-1998; Ord. No. 296(00), 11-20-2000; Ord. No. 306(01), 2-5-2001; Ord. No. 368(02), 5-20-2002)

No structure or use in any commercial or industrial zoning district shall be erected or commenced which does not have a gravity-flow connection to the public sewer system.

(LDC 1991, § 12-398)

A. The traditional neighborhoods of the Original Townsite, more commonly referred to as Old Town, and the Electric Addition are unique in that they were platted and developed prior to the City of Moore zoning regulations resulting in non-conforming lots that are not developable under the current Moore zoning code. The regulations found within this Section are intended to:

1. Encourage new and infill development within these neighborhoods that are compatible with the traditional character of these neighborhoods;
2. Protect the value and special identity that these neighborhoods possess and help them grow into a sense of place for all of Moore to enjoy;
3. Reduce conflict and prevent blighting caused by incompatible and insensitive development; and 
4. To ensure the harmonious, orderly and efficient growth and redevelopment of the city.

B. In accordance with 11 OS 43-101 Et. Seq., the City of Moore creates Traditional Neighborhood Development Regulations that shall apply to all development, redevelopment or renovations in the Original Townsite and Electric Addition Neighborhoods, as described below. However, nothing in these regulations shall be interpreted as nullifying approved Planned Unit Developments (PUDs). When these regulations are in conflict with other development regulations found within the City of Moore Zoning Code, these regulations shall prevail.

1. Original Townsite- An area bounded by S. 4th Street to the south, Interstate 35 to the west, N. 3rd Street to the north, and 270’ east of Turner Avenue to the east.
2. Electric Addition- An area bounded by SW. 4th Street to the south, Telephone Road to the west, NW. 1st Street to the north, and Interstate 35 to the east, but excluding Lot 1, Block 1 of the Oncue 118 Addition.
   

C. All primary structures shall meet the established Build-To Line (BTL) found below. The intent of a BTL is to ensure that new primary structures are placed in a manner that is compatible and consistent with the placement characteristics of the existing neighborhood, and to maintain a consistent building line. If existing structures are close to the street with shallow or no front yard setbacks, so too should be the infill development.

1. For residential structures within the Original Townsite, the BTL shall be fifteen (15) feet from the front property line, unless a minimum of fifty-one (51) percent of the structures on the same block have a setback greater or smaller than fifteen (15) feet, at which case the primary structure shall be located at the average setback of the majority of the structures, as determined by the Community Development Director or their designee. 
2. For commercial structures within the Original Townsite, the BTL shall be at the property line. For lots over fifty (50) feet wide, twenty-five (25) percent of the building may be set back farther than the property line, except that on corner lots the BTL shall be at the property line.
3. For residential structures within the Electric Addition, the BTL shall be twenty (20) feet from the front property line, unless a minimum of fifty-one (51) percent of the structures on the same block has a setback greater or smaller than twenty (20) feet, at which case the primary structure shall be located at the average setback of the majority of the structures, as determined by the Community Development Director or their designee.

D. Side yard requirements are as follows:

1. For interior lots, the minimum depth of a side yard shall be five (5) feet on each side;
   
2. For corner lots, the setback shall match the setback of adjacent structures, but shall not exceed fifteen (15) feet from the side property line; and 
3. For commercial lots, the side yard setback shall be a maximum of five (5) feet. A zero-lot line may be utilized upon approval of the Community Development Director or their designee and the Fire Marshal if not adjacent to residential structures.

E. Rear Yard requirements are as follows:

1. The minimum depth of a rear yard shall be fifteen (15) feet; 
2. Accessory buildings and garage apartments shall be a minimum of ten (10) feet from the rear lot line; and
3. For commercial lots, the rear yard setback shall be five (5) feet if abutting residential land use or zoning. A zero-lot line may be utilized upon approval of the Community Development Director or their designee and the Fire Marshal.

F. Lot width requirements are as follows:

1. For a single-family dwelling, each lot shall have a minimum frontage of fifty (50) feet when measured at the front property line; 
2. For a two-family dwelling, each lot shall have a minimum frontage of seventy-five (75) feet when measured at the front property line; 
3. For a single-family dwelling with an accessory dwelling unit, each lot shall have a minimum frontage of fifty (50) feet when measured at the front property line; and
4. For commercial lots, each lot shall have a minimum frontage of twenty-five (25) feet when measured at the front property line.

G. Intensity of use requirements are as follows:

1. For a single-family dwelling and two-family dwelling, each lot must contain a minimum of six thousand (6,000) square feet; 
2. For a single-family dwelling and two-family dwelling with a garage apartment, each lot must contain a minimum of seven thousand (7,000) square feet; and
3. For a commercial building, each lot must contain a minimum of thirty five hundred (3,500) square feet.

H. Coverage requirements are as follows:

1. Not more than forty (40) percent of the lot area shall be covered by the dwelling;
   
2. Not more than twenty (20) percent of the rear yard shall be covered by accessory buildings; and
3. Commercial lots shall be allowed a maximum of one hundred (100) percent of the lot area to be covered by the building only if parking requirements are met off-site as determined by the Community Development Director, or their designee.

I. Accessory Dwelling Units (ADUs), also known as carriage houses, granny flats, or garage apartments, shall be allowed in Traditional Neighborhoods. The following regulations for ADUs shall apply:

1. An ADU may be constructed in the rear yard and setback from the main dwelling unit by a minimum of ten (10) feet; 
2. An ADU shall not exceed a maximum square footage of six hundred (600) square feet; 
3. An ADU shall share the driveway of the main structure. No additional driveway shall be permitted to serve the ADU; 
4. An ADU shall be serviced from the same water meter as the main dwelling unit; 
5. Any lot containing an ADU shall not be split to allow the ADU to become the primary dwelling of a new lot; and
6. Parking for an ADU shall be provided for on the property of the main dwelling unit and shall consist of concrete, or gravel. A minimum of 1 parking space shall be provided for the ADU.

J. Residential Building Requirements

1. Each residence shall have at least one (1) primary pedestrian doorway for access to the dwelling located on the elevation facing the front lot line of the property, or within eight (8) feet of the most forward plane of the house, and clearly visible from the street or public area adjacent to the front lot line. On corner lots, the pedestrian doorway may be located facing any adjacent street.
2. The front façade, or the most architecturally significant elevation of the building which shall include a combination of a front door or main entrance, windows, porches or other building articulation as approved by the Community Development Director or their designee, and shall be oriented towards the street, not to a side lot line or interior court. On a corner lot, the front façade may be oriented towards either street.
3. Garages shall not be required for residential homes. When garages are constructed that are attached to the home, the garage door(s) shall not exceed fifty (50) percent of the front façade width and shall be set back twenty (20) feet from the Right of Way line. Detached garages shall be located behind the home in the rear yard.

K. Commercial Building Requirements

1. All buildings must have a primary entrance that faces the street. 
2. Loading docks, overhead doors, and other service entries may not be located on street-facing facades.
3. Encroachments into the Right-of-Way shall be allowed, however no encroachment of any kind may impede vehicular or pedestrian access and all ADA regulations. A maximum encroachment of five (5) feet shall allowed. Encroachments shall be limited to canopies, awnings, balconies and projecting wall signs. No pole signs shall be allowed within the Right-of-Way. 
4. Any street-facing building façade wider than seventy five (75) feet shall incorporate windows and façade articulation to avoid monotonous streetscapes and reinforce the neighborhood scale. Such buildings shall be designed with roofline modulations, horizontal articulation, architectural projections, or architectural recessions to break up the façade, as approved by the Community Development Director or their designee.

L. Commercial Site Requirements

1. A reduction in required on-site parking may be allowed if the building is located on a block with dedicated on-street parking as approved by the Community Development Director or their designee.
2. On-site parking shall be located behind the primary building whenever possible. If not possible due to terrain, utilities, or other pre-existing physical impediments, parking may be placed at the side of the building, however parking lots shall not be located at the hard corner of an intersection involving a street or alleyway.
3. Parking may be accessed from an alley if present.
4. Parking drives are highly discouraged along Broadway and Main Street and shall only be permitted if there is no other option for access to parking areas. If a property has frontages on both Broadway and Main, then the parking drive shall be located on Broadway.
5. Landscaping Regulations for new commercial construction may be reduced to include five (5) percent of the site required as open space and 1 tree and 2 shrubs for every four hundred (400) square feet of open space required. The trees and shrubs may be placed in the side or rear yard setback. Parking lots located behind the primary structure and not visible from a street shall be exempt from parking lot landscaping requirements.
   

1. A planned unit development (PUD) is intended to maximize flexibility and innovation in residential development by utilizing area-sensitive site planning and design to achieve a desirable mixture of compatible land use patterns that include efficient pedestrian and vehicular traffic systems and streetscapes, enhanced residential amenities, and allowances for the provision of usable open space.
2. As with all land use approvals, the governing body will utilize its discretion of power to review proposals to develop under this article.
3. A PUD shall address the following land use objectives:
   1. Minimize adverse impacts on surrounding property.
   2. Provide for the revitalization and/or redevelopment of areas where decline of any type has occurred.
   3. Encourage infill development that is compatible and harmonious with adjacent uses, both existing and planned.
      
   4. Provide development that is compatible with the city's goals and objectives as defined in the city's comprehensive plan and contributes to the general prosperity, health, safety and welfare of the community.

(Prior Code, app. B, § 16-106; LDC 1991, § 12-410; Ord. No. 296(00), 11-20-2000; Ord. No. 630(08), 9-15-2008)

1. Residential. At a minimum, a residential PUD shall include amenities not normally considered part of a residential development without the use of a PUD. The amenities included shall do more than improve the marketability of the property to perspective buyers or tenants, but also contribute to improving the quality of life in the community and enhance the unique characteristics of the property. Each proposed residential PUD submission shall include the following:
   1. A detailed site plan that is drawn to an acceptable engineering scale that shows the placement of all buildings, green spaces, parking areas, and amenities that are proposed as part of the PUD.
   2. A detailed landscaping plan that is drawn to an acceptable engineering scale that includes a summary of the amount of trees and shrubs to be included, the species and size, and the placement. A summary of common area green space square footage shall also be provided. For repetitive design themes and/or subdivision entryway treatments, a typical colored perspective and/or elevation is encouraged.
   3. Open space areas that are conveniently located, accessible, and visible for the occupants of the development shall be provided. This open space may contain such elements as splash pads, playground equipment, ponds, various buildings or structures intended for recreational use, fountains, landscaped medians, multi-use trails, or other open space features as approved by the community development director. Particular attention should be paid to open space and landscaping where attached units result in a large amount of concrete or asphalt parking areas and/or driveways. The open areas and landscaping should work together to minimize any adverse effects from the increased paving, providing shade, urban wildlife habitat, and aesthetic interruption from the pavement.
   4. Transitioning shall be required for all residential PUD applications where the property is abutting a use of lesser density/intensity. Transitioning considerations include a range of design features related to existing and proposed development, such as, but not limited to, the following:
      1. Height.
      2. Density.
      3. Appropriate buffers, such as greenbelts and/or masonry fencing.
         
      4. Pedestrian and vehicular traffic circulation.
      5. Parking configurations and location where common parking areas are utilized.
   5. The following items should not generally be considered amenities when included within a residential PUD proposal; provided, however, that extraordinary circumstances support the use of such items, and the planning commission and city council deem them appropriate amenities:
      1. Stockade or metal fencing.
      2. Open areas that are used for drainage and/or hidden from view. Any open area of five percent slope or more shall not be considered an amenity.
      3. Subdivision entry signs.
      4. Decorative mailboxes.
   6. The residential PUD is strongly encouraged to utilize permanent amenities that require minimal maintenance, except that which is prudent and necessary in the lifetime of the material. Residential PUD amenities shall emphasize the quality of life for those residents residing in the project area by achieving visual interest, a pedestrian-friendly community, and other recreational conveniences. Suggested PUD amenities are as follows:
      1. Recessed garages.
      2. Alternating elevation designs. These designs shall be turned in with the design statement and consist of a minimum of four separate elevations.
      3. Side-entry garages.
      4. Bicycle or pedestrian off-road pathway systems within the development that goes above and beyond the required sidewalks.
      5. Traffic calming devices, including stamped concrete or pavers, curb extensions, landscaping islands, and others as approved by the community development director.
      6. Increased use of landscaping in an innovative and unique way to create a more enjoyable living experience. The landscaping shall be located in common areas or city rights-of-way, as approved by the community development director. Examples include tree-lined streets, accessible nature habitat areas, and/or clustered landscaping as the community focal point. Any landscaping to be counted as an amenity shall be serviced by automatic sprinkler systems.
2. Commercial. The commercial PUD shall focus on the transitioning and buffering between abutting land uses, the functionality and safety of the development, as well as the aesthetics as it relates to the streetscape. The amenities included should not only promote the business on the site, but work to create a people-orientated development. Although the end user may not be identified at this stage in development, the PUD application should create site-specific perimeters in which any user shall abide, and include common parking areas and common ingress/egress points to enhance traffic safety. The following design guidelines are intended to achieve the overall purpose of the PUD. The requirements established below shall be shown on the site development plans submitted for consideration with the design statement. Each proposed commercial PUD submission shall include the following:
   1. A detailed site plan that is drawn to an acceptable engineering scale that shows the placement of all buildings, green spaces, parking areas, and amenities that are proposed as part of the PUD. If buildings and/or parking areas are unknown at the time of submittal, the site plan can be accepted with those exclusions; however, the green spaces and other amenities shall be indicated.
   2. General open space requirements shall be designated in the commercial PUD, and a summary of the open space square footage shall be required. The open space shall be designed for pedestrians, and may contain such elements as ponds, fountains, landscaped medians, and/or pedestrian courtyards with benches. A typical colored perspective and/or elevation of open space treatments is encouraged.
   3. General landscaping requirements shall be designated in the commercial PUD. The landscaping shall be above and beyond what is normally required of commercial developments, and the requirements shall be stated specifically in the design statement. If a landscaping layout is known, it shall be submitted on a separate plan drawn to an appropriate scale, with a summary of landscaping materials to be used. Any landscaping to be counted as an amenity shall be serviced by automatic sprinkler systems.
   4. Transitioning shall be required for all commercial PUD applications where the property is abutting a residential use. Transitioning considerations include a range of design features related to existing and proposed development, such as, but not limited to, the following:
      1. Height.
      2. Density.
      3. Appropriate buffers, such as greenbelts and/or masonry fencing.
      4. Pedestrian and vehicular traffic circulation, including truck traffic patterns and loading docks.
      5. Parking configurations and location.
   5. The following items shall not generally be considered amenities when included within a commercial PUD proposal; provided, however, that extraordinary circumstances support the use of such items, and the planning commission and city council deem them appropriate amenities:
      1. Stockade or metal fencing.
      2. Open areas that are used for drainage and/or hidden from view. Any open area of five percent slope or more shall not be considered an amenity.
      3. Landscaping that meets, but not exceeds, requirements of this Code.
   6. The commercial PUD is strongly encouraged to utilize permanent amenities that require minimal maintenance, except that which is deemed prudent and necessary in the lifetime of the material. Commercial PUD amenities shall emphasize the pedestrian streetscape by achieving visual interest, people-orientated environment, and traffic management techniques. Suggested PUD amenities are as follows:
      1. Signage limited to monument signs by height and size.
      2. Limited or shared curb cuts.
      3. Traffic calming devices, including stamped concrete or pavers, curb extensions, landscaping islands, and others as approved by the community development director.
      4. Architecturally distinctive store fronts and other architectural elements not typically found in commercial construction.
      5. In the case of a building with two street frontages, the sides of buildings facing public streets shall incorporate architecturally consistent windows, doorways, and other design elements.
      6. Masonry screening for all loading docks that face a public street.
      7. Increased use of landscaping in an innovative and unique way to create a more enjoyable human-scaled environment. The landscaping may be located in common areas or city rights-of-way, as approved by the community development director. Examples include tree-lined streets, accessible nature habitat areas, and/or clustered landscaping as focal point, such as a patio or pocket park. Any landscaping to be counted as an amenity shall be serviced by automatic sprinkler systems.
      8. Functional use of hardscape and/or furniture in a cohesive manner to encourage human interaction. This may include items such as benches, water features, and bike racks.
3. Industrial. The industrial PUD shall focus on the buffering between abutting land uses, the functionality and safety of the development, as well as the aesthetics as it relates to the streetscape. The amenities included should not only promote the business on the site, but work to protect the surrounding properties from any adverse impacts and improve the streetscape. Although the end user may not be identified at this stage in development, the PUD application should create site-specific perimeters in which any user shall abide. The following design standards and guidelines are intended to achieve the overall purpose of the PUD. The requirements established below shall be shown on the site development plans submitted for consideration with the design statements. Each proposed industrial PUD submission shall include the following:
   1. General open space requirements shall be designated in the PUD. The open space shall be designed for aesthetics as seen from the street. This open space may contain such elements as ponds, fountains, landscaped medians, or other open space feature as approved by the community development director.
   2. General landscaping requirements shall be designated in the PUD. The landscaping shall be a percentage above what is normally required of industrial developments, and the requirements shall be stated specifically in the design statement. If a landscaping layout is known, it shall be submitted on a separate plan drawn to an appropriate scale, with a summary of landscaping materials to be used. Any landscaping to be counted as an amenity shall be serviced by automatic sprinkler systems.
   3. Transitioning shall be required for all PUD applications where the property is abutting a use of lesser intensity. Transitioning considerations include a range of design features related to existing and proposed development, such as, but not limited to, the following:
      1. Height.
      2. Density.
      3. Appropriate buffers, such as greenbelts and/or masonry fencing.
      4. Pedestrian and vehicular traffic circulation, including truck traffic patterns and loading docks.
      5. Parking configurations and location.
   4. The following items shall not generally be considered amenities when included within an industrial PUD proposal; provided, however, that extraordinary circumstances support the use of such items, and the planning commission and city council deem them appropriate amenities:
      1. Stockade or metal fencing.
      2. Open areas that are used for drainage and/or hidden from view. Any open area of five percent slope or more shall not be considered an amenity. c. Landscaping that meets, but not exceeds, requirements of this Code.
   5. The industrial PUD is strongly encouraged to utilize permanent amenities that require minimal maintenance, except that which is deemed prudent and necessary in the lifetime of the material. Suggested industrial PUD amenities are as follows:
      1. Signage limited by height and size.
      2. Limited or shared curb cuts.
      3. Traffic calming devices, including stamped concrete or pavers, curb extensions, landscaping islands, and others as approved by the community development director.
      4. Architecturally distinctive facades.
      5. In the case of a building with two street frontages, the sides of buildings facing public streets shall incorporate architecturally consistent windows, doorways, and other design elements.
      6. Increased bricking/masonry requirement.
      7. Masonry screening for all loading docks that face a public street.

(Prior Code, app. B, § 16-106; LDC 1991, § 12-411; Ord. No. 296(00), 11-20-2000; Ord. No. 630(08), 9-15-2008)

1. Administrative sequence. A PUD is treated as an overlay to the zoning ordinance due to their unique character and complexity, and is required to adhere to the rezoning process. Because the PUD is intended to work with infrastructure, topography, and land use, the PUD submittal requirements are much more intensive and detailed than what is typically required of a traditional zoning application.
   1. Preapplication conference. In step one, preapplication conference, the applicant should discuss with the community development director the procedure for adopting a PUD and the requirements for the general lay-out of major roadways and utilities, access to arterials, general design and narrative, the availability of existing services, and potential amenities. The applicant shall provide the community development director with conceptual plans, plats, and drawings to adequately describe the project. The community development director shall also advise the applicant, where appropriate, to discuss the proposed PUD development with those officials who must eventually approve the various aspects of the proposal.
   2. Application of rezoning request. In step two, application of rezoning request, the application must be filed in accordance with regular procedures and on application forms supplied by the city. The PUD application must include a site development plan, PUD design statement, landscaping plans and any other drawings or renderings that the applicant feels is pertinent to the request.
   3. Submission of preliminary plat. In step three, submission of preliminary plat, the preliminary plat must be submitted with the rezoning application. The preliminary plat submittal shall conform with all requirements of the city.
   4. Submission of the final plat. The final plat will generally not be considered by the planning commission until the zoning and preliminary plat have been approved by the city council. The community development director may waive this requirement due to the size and complexity of the project. The final plat submittal shall conform with all requirements of the city.
2. Departure from standards. The planning commission and city council shall have the authority, in connection with the granting of any PUD approval pursuant to this section, to change, alter, vary, modify, or waive any provision of this Code as they deem appropriate to apply to an approved PUD; provided, however, that the modified standards shall:
   1. Achieve the purposes for which the PUD may be approved pursuant to this section;
   2. Maintain harmony with the general purposes, goals, and objectives of this Code and the comprehensive plan; and
   3. Result in a development providing amenities sufficient to address, offset, and mitigate development impacts.
3. Conditions for approval. The planning commission or city council may attach to the site development plans whatever conditions they deem necessary to ensure that proper amenities are provided and compatibility with surrounding, existing and proposed land uses is maintained.

(Prior Code, app. B, § 16-106; LDC 1991, § 12-412; Ord. No. 296(00), 11-20-2000; Ord. No. 630(08), 9-15-2008)

The construction of a planned unit development shall be started within two years of the effective date of approval of the plan by the city council. Failure to begin the development within the two years shall automatically void the development plan and the land shall revert to the same zoning classification which existed immediately preceding the approval of the planned unit development.

(Prior Code, app. B, § 16-106; LDC 1991, § 12-413; Ord. No. 296(00), 11-20-2000)

Any and all approved site plans, landscaping plans, and renderings shall become a part of the PUD approval, and any significant change proposed to the plans shall require the approval of an amended PUD with planning commission and city council consideration, with the following exceptions: The community development director may approve minor amendments to the PUD if it is concluded that those amendments will not affect the overall character of the development and does not modify a compelling component of the PUD application. Items that may be considered a minor amendment include, but are not limited to, the following:

1. Changes to house elevations and floorplans when architecturally consistent and compatible with the approved plans.
2. Changes to the tree and shrub species when the new species provides the same aesthetic and/or utilitarian effect as the approved species.

(Prior Code, app. B, § 16-106; LDC 1991, § 12-414; Ord. No. 296(00), 11-20-2000; Ord. No. 630(08), 9-15-2008)

A nonconforming building or structure existing at the time of initial adoption of these regulations may be continued, maintained and repaired, subject to the following provisions:

1. No such structure may be enlarged or altered in a way which increases its nonconformity;
2. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of these regulations;
3. Should each structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Prior Code, app. B, § 16-118; LDC 1991, § 12-420; Ord. No. 296(00), 11-20-2000)

If a lawful use of structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which these regulations are derived that would not be allowed in the district under the terms of these regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No existing structure devoted to a use not permitted by these regulations in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but no such use shall be extended to occupy any land outside such building;
3. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
   
4. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; and
5. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Prior Code, app. B, § 16-119; LDC 1991, § 12-421; Ord. No. 296(00), 11-20-2000)

Where, at the effective date of adoption or amendment of the ordinance from which these regulations are derived, lawful uses of land exist that are no longer permissible under the terms of these regulations as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1. No such conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied at the effective date of adoption or amendment of the ordinance from which these regulations are derived;
2. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which these regulations are derived; and
3. If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by these regulations for the district in which such land is located.

(Prior Code, app. B, § 16-120; LDC 1991, § 12-422; Ord. No. 296(00), 11-20-2000)

In any district in which a lot exists on record at the effective date of adoption or amendment of the ordinance from which these regulations are derived which does not conform in size or area to the provisions of these regulations, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of these regulations.

(Prior Code, app. B, § 16-121; LDC 1991, § 12-423; Ord. No. 296(00), 11-20-2000)

A nonconforming use of a structure, or of a structure and land in combination, shall not be changed unless changed to a use permitted in the district in which located; except that the board of adjustment may permit a change to a more restricted nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

(Prior Code, app. B, § 16-122; LDC 1991, § 12-424; Ord. No. 296(00), 11-20-2000)

These zoning regulations shall be enforced by the building official, the code enforcement officer or the zoning administrator, acting at the direction of the city manager. It shall be a violation of these regulations for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit has been obtained and an occupancy permit applied for under the following conditions; provided, however, that this section shall not apply to the erection of farm buildings not used for human habitation.

(Prior Code, app. B, § 16-123; LDC 1991, § 12-430; Ord. No. 296(00), 11-20-2000)

Every application for a building permit shall have a zoning clearance and shall be accompanied by:

1. A site plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing buildings and structures and the lines within which the proposed building or structure shall be erected or altered;
2. A declaration of the existing and intended use of each building or part of a building, the number of families and housekeeping units the building is designed to accommodate; and
3. Such other information with regard to the lot and neighboring lots and their use as may be necessary to determine and provide for the enforcement of these regulations.

(Prior Code, app. B, § 16-124; LDC 1991, § 12-431; Ord. No. 296(00), 11-20-2000)

1. The cost of building permits is set forth in the city's fee schedule.
2. In the event of a declared federal natural disaster such as a tornado, the City of Moore has determined that the vacant lots caused by the natural disaster pose a threat to the health, safety, and welfare of the residents of Moore and it is in the best interest of the City of Moore and its citizens to encourage the redevelopment of those vacant lots. To encourage redevelopment of those vacant lots, building permit fees shall be waived within the federal disaster area as defined by the community development department through a federal disaster damage assessment inventory:
   1. All residential building permit fees shall be waived on redevelopment lots, excluding any state fees. For residential redevelopment that increases the living unit density from the pre-disaster density, the net increase of living units shall not be eligible for fee waivers.
   2. All commercial and industrial building permit fees shall be waived on redevelopment lots, excluding any state fees. For commercial or industrial redevelopment that increases the square footage of the building, impervious surface of the site, or a land use change that increases the traffic impacts as defined by the adopted by the transportation impact fee schedule from the pre-disaster commercial or industrial development, the net increase of the square footage shall not be eligible for fee waivers.
   3. The period of fee waivers shall be in effect for two years from the date of the natural disaster declaration.

(Prior Code, app. B, § 16-125; LDC 1991, § 12-432; Ord. No. 296(00), 11-20-2000)

1. All businesses, and certain multifamily residential buildings within the city shall be required to apply for and hold in their possession an occupancy permit as outlined in this section, and applying to all assembly use groups, institutional use groups, educational use groups, mercantile use groups, business use groups, factory industrial use groups, high hazard use groups, and storage S-1 use groups as defined by the adopted building code, and referencing other applicable codes adopted by the city. An occupancy permit is required for any business moving into any building or portion of a building, or any multifamily residential building if any of the following conditions apply:
   1. The building or portion of building to be occupied is previously vacant or has never been occupied.
   2. The building or portion of building to be occupied has not yet received an occupancy permit.
   3. In any case where a building permit was required to construct, finish, alter, expand or split a building or portion of a building.
   4. Whenever a change of use or occupancy type, as defined under the adopted building codes, occurs.
2. No land shall be occupied or used and no building hereafter erected or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever and no change in use of such building shall be allowed until an occupancy permit has been issued stating that the building and use comply with the provisions and requirements of these regulations and all applicable building, electrical, plumbing, housing, health, fire protection and zoning regulations; provided, however, that no such certificate shall be issued until a building permit has been first obtained and issued and all water lines, installations and facilities; sewer lines, installations and facilities; streets, and drainage accepted for maintenance by the city, including all required inspections and the prior payment of any inspection fees, water connection and meter fees, water tap fees and sewage connection or tap fees.
3. Any person, firm, corporation, owner, or person in charge of any building or part thereof that may allow or permit the building or structure to be occupied or used, in whole or part, prior to securing an occupancy permit when required by this section shall, upon conviction, be punished as provided in section 1-108 for each and every day that the unauthorized occupancy is allowed to exist.

(Prior Code, app. B, § 16-126; LDC 1991, § 12-433; Ord. No. 296(00), 11-20-2000; Ord. No. 327(01), 5-21-2001; Ord. No. 647(09), 4-6-2009)

1. Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the lawful erection or alteration of the building is completed. The certificate of occupancy and compliance shall state that the building or proposed use of land comply with these regulations. A record of all certificates shall be kept on file at the office of the city clerk and copies shall be furnished at the request of any person having a proprietary or tenancy interest in the building affected.
2. All other occupancy permits shall be applied for at city hall, in the community development department. All permits shall be issued through the community development department. Occupancy permits require approval from the fire marshal, building official and community development director.
3. Upon approval of zoning from the community development director or designee, the applicant shall contact the building official and fire marshal, or their designee, for inspections to ensure code compliance. The applicant shall also contact the health department, when applicable, for an inspection to ensure code compliance.
4. Upon approval of zoning requirements and inspections, the community development department shall issue the required occupancy permit. The permit will identify the approved business, occupancy type and occupancy limit. The occupancy permit shall be posted in a conspicuous location within the approved business.

(Prior Code, app. B, § 16-127; LDC 1991, § 12-434; Ord. No. 296(00), 11-20-2000; Ord. No. 327(01), 5-21-2001)

All fees for occupancy permits shall be collected at city hall. All fees shall be paid prior to assignment to the inspections department of the city and to the fire marshal's division of the city. The fees shall be set according to the adopted fee schedule of the city.

(Prior Code, app. B, § 16-128; LDC 1991, § 12-435; Ord. No. 296(00), 11-20-2000; Ord. No. 327(01), 5-21-2001)

1. No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of these regulations.
2. No permit for the excavation, erection or alteration of any building shall be issued before the application has been made for certificates of occupancy and compliance, and no building or premises shall be occupied until that occupancy permit is issued.
3. Any person, firm, corporation, or owner of any building or premises or part thereof who violates or refuses to comply with the provisions contained in these regulations, and any architect, builder, contractor, developer, individual, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and, upon conviction, shall be penalized as provided in section 1-108.

(Prior Code, app. B, § 16-130; LDC 1991, § 12-436; Ord. No. 296(00), 11-20-2000)

The council may from time to time, on its own motion or on petition, amend the regulations and districts herein established. Any person desiring to have his own property rezoned or seeking a use on review or special use permit shall submit an application or petition for amendment to the city planning commission and shall file the petition or applications with the planning commission along with a filing fee as set by the council by motion or resolution. There shall also be paid a filing fee as set by the council at the time of filing an application or petition to request a hearing on a use permitted on review.

(Prior Code, app. B, § 16-131; LDC 1991, § 12-437; Ord. No. 296(00), 11-20-2000)

The application or petition for rezoning, use on review, and special use permit shall show the legal description and street address of the property, name of the owner, present zoning classification or district, classifications or districts to which zoning is desired, the purpose to which the property is to be used if zoning is changed, and the application or petition shall list the names and the current mailing addresses of all owners of property with a 300-foot radius of the exterior boundary of the property sought to be rezoned and described in the petition or application.

(Prior Code, app. B, § 16-132; LDC 1991, § 12-438; Ord. No. 296(00), 11-20-2000)

1. Within two days after receipt of the application or petition, the city clerk shall place the petition upon the agenda of the planning commission and shall also place the petition upon the agenda of the city council, provided that the hearing before the city council shall not be held prior to a consideration of the petition or application by the planning commission.
2. The applicant shall, at his expense, cause notice of the filing of the petition requesting rezoning in a newspaper of general circulation or any official newspaper circulated in the city, which notice shall contain the legal description and street address of the property requested to be rezoned, map of the area to be affected, names of the owner, present zoning classification or district and classification or district requested and intended use of the property and the dates and places and hour of the hearing to be held to hear the application before the planning commission and the city council, and which notice shall be published not less than 20 days prior to the hearing of the application or petition by the city council.
3. The applicant shall also, at his own expense, cause to be placed on the property described in the petition or application requesting rezoning, at least seven days before the hearing of the application of petition by the planning commission, a sign not less than 40 inches long and 20 inches wide with lettering thereon of not less than one inch in height stating the present and applied for zoning hearing dates before the planning commission and city council; the sign to be in such colors and posted or placed as near as possible to all public streets or roads toward which the affected property faces in such manner as to be visible and clearly legible from the public streets or roads and there shall also be attached to the sign in letters not less than elite typewrite type, the legal description, street address and the proposed use of the property if rezoning is approved.
4. In addition to the notice provided in this subsection and subsection (C) of this section, the secretary of the planning commission of the city shall, not less than 20 days before the hearing before the planning commission, mail written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property sought to be rezoned, which notice shall contain the following:
   1. Legal description of the property and the street address of approximate location in the city;
   2. Present zoning and classification of the property and the classification sought by the applicant; and
   3. The date, time, and place of the public meetings in which the zoning change request will be heard before the planning commission and the city council.
5. Upon consideration of the petition, the planning commission shall, within three days thereafter, recommend to the city council that the application be denied, granted or granted subject to conditions, which conditions shall be stated.
6. In case a protest against such change in zoning is filed by owners of lots as set by state law, such amendment of change in zoning shall require three-fifths of all the members of the city council to approve the amendment or change in zoning classification.
7. In addition to the other required notice, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.

(Prior Code, app. B, § 16-132; LDC 1991, § 12-439; Ord. No. 296(00), 11-20-2000)

Whenever any street, alley or other public easement is vacated, the portion vacated shall have the same district classification as the land to which the vacated portion accrues.

(Prior Code, app. B, § 16-133; LDC 1991, § 12-440; Ord. No. 296(00), 11-20-2000)

A. The purpose of this article is to establish standards for installation of landscaping in all new development and redevelopment areas in order to enhance the aesthetic appearance of properties within the city, ensure the quality, quantity, and appropriateness of landscape materials, effect a functional and attractive design, improve compatibility between land uses, conserve water, control soil erosion, and preserve the character of existing neighborhoods.

B. The requirements of this Article shall apply to all land uses other than a single-family or two-family residence on a single lot unless otherwise noted.

(LDC 1991, § 12-450; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

A. Landscaping, as required herein, shall be provided for all new multifamily, civic, office, commercial, and industrial construction in the city. Landscaping shall also be provided for any addition to an existing multifamily, civic, office, commercial, or industrial use if the proposed addition increases the size of the existing structure by at least thirty (30) percent.

1. Any new landscaping required as a result of building additions may be distributed over the total land area as approved by the Community Development Director, or their designee.

B. All landscape plans approved under prior ordinances of the city shall remain in effect and subject to fulfillment of all terms of such plans previously filed and approved.

C. All plant materials as required herein shall be selected from the City of Moore Approved Planting List as maintained by the Community Development Office. Materials not on the list may be approved by the Community Development Directoror their designee if it is determined that they are equally suitable for local soil conditions and climate and would provide the same level of visual benefits.

(LDC 1991, § 12-451; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

A. No less than ten (10) percent of the total land area of the site (excluding the street right-of-way) shall be landscaped. At least seventy-five (75) percent of the landscaped area shall be in the front or side yards, or as approved by the Community Development Director or their designee.

B. There shall be one live tree having a minimum height of five (5) feet, and two (2) shrubs provided for every eight-hundred (800) square feet of area to be landscaped, excluding the street right-of-way.

C. Credit for existing or newly planted larger trees (outside of the street right-of-way) that are larger than the minimum required size shall be given as follows:

1. A healthy tree of at least three four-inch (4") caliper and less than eight-inch (8") (8") shall count for two (2) trees;

2. A healthy tree of at least eight-inch caliper shall count for three (3) trees.

D. Artificial grass or any form of synthetic plant shall not be permitted as part of the minimum requirements for landscaped areas.

E. The use of gravel as ground cover shall not be considered as meeting the minimum requirements of this section.

F. The property owner shall be responsible for landscaping the unpaved street right-of-way. This area shall not be hard surfaced other than a permitted drive way or sidewalk.

G. The area within the boundaries of a given lot which consists of plant material, vines and other groundcovers, planters, brick, stone, natural forms, water forms, aggregate or other inorganic features, but not including the use of smooth concrete or asphalt may be included in calculations to meet the requirements of this code; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of the organic plant materials;

H. Trees shall not be planted in the street right-of-way except by special approval from the Community Development Director, or their designee. Any trees located within the street right of way shall be planted a minimum of ten (10) feet from a water meter.

(LDC 1991, § 12-452; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

1. Parking lots shall be separated from street frontages and from abutting uses by planting areas.
   
2. A minimum ten (10) foot wide landscape strip shall be provided between any parking lot and any lot frontage of the property on which the parking lot is located, unless the parking area is otherwise screened from the street by a building or other means.
   
   
   
   
3. A minimum ten (10) foot wide landscape strip shall be provided between any vehicular loading area and any lot frontage of the property on which the loading area is located, unless the vehicular loading area is otherwise screened from the street by a building or other means;
   
   
4. One deciduous shade tree shall be provided within the parking lot for every seven (7) parking spaces, or portion thereof. Each tree shall be located within the parking lot in reasonable proximity to the spaces for which the tree was required. Trees provided to meet the Base Landscaping Requirement shall not be counted toward this requirement.
   
   
   
5. Tree planting areas shall be no less than eight (8) feet in width and provide at least eighty (80) square feet of planting area per tree or as appropriate for the tree species and approved by the Community Development Director, or their designee. No tree shall be less than two and one-half (2½) feet from the edge of pavement or back of curb; if curbing is not provided around the tree planting area, curb stops shall be placed such that vehicles will not overhang the tree planting area.
   
   
6. A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. The island shall be at least one-half the length of the adjacent parking space. The island shall be planted in medium and large shade trees, shrubs, and grass or ground cover as defined in the Approved Planting List except for those areas that are mulched or planted with other approved ground cover.
   
   1. For parking lots under fifteen (15) parking spaces or in Industrial Zoning Districts, in lieu of the required landscaping islands, an automatic sprinkler system serving all landscaping and an additional 3 trees and 2 shrubs per excluded landscaping island shall be provided, or equivalent landscaping as approve by the Community Development Director, or their designee. 
      
7. Landscaping islands and tree planting areas shall be well drained and contain suitable soil and natural irrigation characteristics for the planting materials they contain.
   
   

(LDC 1991, § 12-453; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

1. A landscaping plan is required and submitted as part of the site plan as submitted for a building permit. This plan shall show detailed landscaped treatment of any area to be landscaped, including the street right-of-way. The plan shall meet the following requirements:
   1. The type of plant shall be designated with plant lists or schedules showing the required and proposed landscaping;
   2. Existing vegetation to be saved shall be identified;
   3. The plan shall especially respect sight triangles and sight distances at all intersections;
   4. Landscaping should be evenly spaced throughout the site so as to balance the effect of the landscaping;
2. No building permit shall be issued until the landscaping plan is approved;
3. A certificate of occupancy for any use shall not be issued until the landscaping has been installed in accordance with the plan; and it shall be illegal for any person, firm, or corporation to occupy or operate a business in any new structure for which landscaping, as shown by the plans, is not provided; except that if a structure and all site improvements are complete except for these landscaping requirements and the season of the year will not permit the planting and growing of plants, temporary occupancy permit may be permitted by the director until a date certain in the growing season. If the landscaping has not been completed by said date, the property owner shall be in violation of this Code or a temporary extension may be obtained as approved by the director for a period not to exceed one 30-day period.

(LDC 1991, § 12-454; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

The following requirements shall apply to all landscaped areas:

1. The property owner in all zoning districts shall be responsible for landscaping the area within the street right-of-way line and the curbline. This area shall not be hard surfaced other than a permitted driveway or sidewalk;
2. Plants shall be grouped according to similar water needs;
3. Plants shall not interfere with safe sight distances or otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation, maintenance, or repair on any public utility;
4. Landscaping islands and tree planting areas shall be well drained and contain suitable soil and natural irrigation characteristics for the planting materials they contain.
   
5. A minimum ten-foot wide landscape strip shall be provided between any parking lot and any lot frontage of the property on which the parking lot is located, unless the parking area is otherwise screened from the street by a building or other means;
6. A minimum ten-foot wide landscape strip shall be provided between any vehicular loading area and any lot frontage of the property on which the loading area is located, unless the parking area is otherwise screened from the street by a building or other means.
7. Trees and shrubs shall meet the following requirements: 
   1. Trees shall have a minimum caliper of at least two (2) inches and a minimum height of five (5) feet at time of planting. Shrubs shall be a minimum of three (3) gallons in size at time of planting;
   2. Any one species of treesor shrubsshrubs shall make up no more than twenty-five (25) percent of the total required trees or shrubs;
   3. Shrub species that do not attain a mature height of less than three (3) feet shall make up no more than twenty-five (25) percent of the total required shrubs;
   4. Trees shall be a combination of small, medium and large species as defined in the Approved Planting List. Tree plantings shall consist of no more than forty (40) percent small trees and sixty (60) percent medium and large trees or as approved by the Community Development Director, or their designee;
   5. Non-deciduous, or evergreen, trees shall consist of no more than forty (40) percentof the total tree count; and
   6. Trees planted under overhead utilities shall not exceed a mature height of twenty-five (25) feet.
      

(LDC 1991, § 12-455; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

1. It shall be the responsibility of the property owner to maintain in good condition all landscaping required by this section. Any vegetation that dies or is otherwise removed shall be replaced no later than the following planting season, being November 15th to March 15th of each year.
2. When it is determined by the community development director, or their designee, that landscaping required by this section is not being maintained, it shall be their duty to give notice in writing to the property owner and the tenant(s) on record. Such notice shall specify in what manner the landscaping is in need of maintenance and a date for compliance. The property owner shall have not less than 30 days to comply with the notice, unless a compliance plan is approved by the community development director, or their designee.
3. Failure to provide or maintain the landscaping required by this Code or failure to maintain required improvements in the manner prescribed by this Code shall constitute an offense and violation of this Code and shall be subject to one or more of the following penalties.
   
   1. A Certificate of Occupancy may be withheld for a commercial building which fails to provide or maintain the landscaping requirements contained within this Article; and/or
   2. The City may cause dead or diseased landscaping to be removed and new landscaping installed that meets the requirements of this code or may cause new landscaping that meets the requirements of this code to be installed where required landscaping is missing. The cost of such improvements, including an administrative fee of three-hundred dollars ($300.00), shall be placed on the water bill of the business; and/or
   3. A citation may be issued in accordance with Section 1-108 for each day dead, diseased or missing landscaping is maintained or allowed to exist on the property.
      

(LDC 1991, § 12-457; Ord. No. 10(92), 1-6-1992; Ord. No. 296(00), 11-20-2000)

1. The City may cause dead or diseased landscaping to be removed and new landscaping installed that meets the requirements of this code or may cause new landscaping that meets the requirements of this code to be installed where required landscaping is missing in accordance with the following procedure:
   1. At least thirty days' notice shall be given to the owner of the property before the city takes action. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer. At the time of mailing of the notice to any property owner, the city shall obtain a receipt of mailing from the postal service, which shall indicate the date of mailing and the name and address of the mailee. However, if the property owner cannot be located, notice may be given by posting a copy of the notice on the property, or by publication, as defined by 11 O.S. § 1-102. Such notice may be published once not less than thirty days prior to any action to be taken pursuant to this section;
   2. After 30-days notice, if said landscaping is not removed and replaced, or in the event of missing landscaping, installed per the requirements of this code, the community development director or their designee may cause the dead or diseased landscaping to be removed, and/or may cause missing landscaping to be installed meeting the requirements of this Article and shall fix reasonable dates for the commencement and completion of the work. The community development director or their designee shall direct the removal and installation of the required landscaping be done by a private contractor who is the lowest and best bidder or quote.
   3. After the landscaping has been removed and/or installed, the community development director or designee shall determine the actual cost of such action and any other expenses as may be necessary in conjunction therewith, including an administrative fee of three-hundred dollars ($300.00). The community development director or designee shall forward a statement of such actual cost attributable to the removal and/or planting and a demand for payment by mail to the property owner at the address specified in this section. The city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
   4. If payment is not made within thirty-days from the date of the mailing of the statement, the community development director or designee shall cause such costs to be placed on the property’s water bill to be paid at the next month’s billing to be paid in installments over 90-days unless other terms are agreed upon by the community development director, or their designee.

A certificate of occupancy for any use wherein landscaping is required by this article, shall not be issued until the landscaping has been installed in accordance with the landscaping plan; except that if a structure and all site improvements are complete except for the landscaping, and the season of the year or some other constraint will not permit the planting or growing of plants, temporary occupancy may be permitted by the community development director until a date certain. If the landscaping has not been completed by said date, the property owner shall be in violation of the occupancy permit provisions of this chapter and shall be subject to the penalties as provided in section 1-108.

(LDC 1991, § 12-458; Ord. No. 10, 1-6-1992; Ord. No. 296(00), 11-20-2000)

1. Purpose. The following special uses may be permitted in certain districts after approval of a special use permit. The purpose of the special use permit is to allow certain uses in prescribed zoning districts where determined appropriate, without changing the zoning designation in some cases for the property and while providing specific requirements for such uses beyond what is normally listed within individual zoning district requirements.
2. Procedure. The approval process for the special use permit will be identical as that of uses permitted on review. The special use permit expires upon change of use, occupancy or ownership of the property. Requirements and applicable zoning districts vary for each special use permit and include those set forth in this article.
3. Additional Restrictions. Because the following special uses are only considered to be appropriate in certain locations under certain circumstances, the Moore City Council is authorized to establish special operating and land development requirements upon approval of any special use permit. These restrictions and requirements shall be made a part of the official certificate of occupancy.
   

(LDC 1991, § 12-460; Ord. No. 296(00), 11-20-2000)

1. Accessory commercial parking. This special use permit is intended to allow parking on a parcel of land which is adjacent to the parcel upon which the primary use is located and where the required parking does not exist and is needed to meet the needs of that use. This section applies to uses occurring in existing structures where tenants and parking requirements may change over time. The zoning for the primary use is not required on the parcel where the accessory parking is located, so long as it complies with the Moore Plan 21. The following requirements below must be met:
   1. Accessory commercial parking may be allowed in the following zoning districts: C-2, C-3, and C-5;
   2. Applicable parking, setback and landscape requirements shall apply.
2. Bed and breakfast establishment. Bed and breakfast establishments may be allowed upon review in certain zoning districts. The bed and breakfast establishment must be occupied by the owner/operator as a full-time residence, shall serve as temporary lodging for transient customers and shall provide rooms for rent, which may include one meal in the morning. All other lodging facilities will be considered commercial establishments. All requirements below must be met:
   1. Bed and breakfast establishments may be allowed upon review in the A1, A2, R3, and R4 zoning districts;
   2. One guest room is allowed per 2,000 square feet of lot area, with a maximum of six, not including the owner/operator quarters;
   3. Owner shall reside on-premises;
   4. On-site parking must allow a minimum of one parking space per lease room and two spaces for the residence. Parking shall be an approved surface;
   5. Where feasible, parking shall be located to the side or rear of the structure. When front yard parking is used, no more than 50 percent of the front yard may be used;
   6. No individual cooking facilities are allowed in guest rooms;
      
   7. Services provided to persons other than overnight guests are strictly prohibited and are restricted to those specified in this section;
   8. A site plan, including parking, lighting, signage, landscaping and screening, must be submitted for review and should minimize visual intrusion to abutting properties.
3. Communication towers. Commercial communication towers are prohibited within any public right-of-way or residential district. Such uses may be allowed upon review within the A-1, A-2, C-1, C-2, C-3, C-4, C-5, I-1, I-2, or I-3 zoning district subject to the following restrictions:
   1. Lease or ownership area should be large enough to accommodate the tower and support facilities, and include access to a public street or accessible parking area. Platting or approved lot split may be required prior to construction;
   2. No communication tower shall be located closer than 200 feet of the boundary line of any property zoned or used for residential purpose or within 200 feet of any residential structure. All towers shall observe a minimum setback from any street right-of-way and from any property zoned or occupied as residential use equal to the height of the tower;
   3. The area containing the tower and any other accessory structures or equipment shall be secured by a six-foot fence. Such fence shall be opaque when adjacent to any residential use or zoning district;
   4. Towers may be co-located on new or existing structures provided they do not extend beyond 20 feet above the highest point of the structure.
4. Manufactured homes. Manufactured homes may be allowed upon review in the A-1 and A-2 zoning districts on tracts of land not less than five acres in size subject to the following:
   1. A manufactured home shall not be located, parked or stored on any such tract of land where dwellings or residences are not permitted under the zoning regulations;
   2. A manufactured home shall be subject to and required to comply with the building codes as the same applies to a dwelling. Such manufactured home shall be subject to all inspections and inspection fees applicable to a dwelling under the building code, electrical code, mechanical code and plumbing code and the health ordinances. It shall be subject to and comply with the provisions of all ordinances, including, but not limited to, ordinances pertaining to disposal of refuse, waste and sewage, safety, water supply, garage, drainage, fire prevention, health inspections and health department licenses and approvals where applicable and as may be determined and required by the health inspector;
   3. A manufactured home shall be of at least the length, width and size required or defined for manufactured homes under this Code;
   4. Manufactured homes may not be located on any tract of land where there is an existing residence;
   5. Manufactured homes must meet the length, width, and size requirements of this Code;
   6. All manufactured homes shall have wheels and axles removed;
   7. Skirting shall be installed around the entire perimeter;
   8. Foundation and tie-downs shall meet city requirements;
   9. Manufactured home installation shall meet all electrical, plumbing and mechanical requirements.
5. Mixed use. Mixed uses are those uses which generally occur separately, but which may be allowed to occur within one structure. Mixed uses occurring in multiple structures should be approved through the planned unit development process. A mixed use special use permit may be allowed in the C-3 and C-6 zoning districts only. Any uses permitted by right in the following districts may be allowed upon review in the C-3 mixed use zoning district: C-3, C-2, C-1, and R-3. Any uses permitted by right in the following districts may be allowed upon review in the C-6 mixed use zoning district: C-6, C-3, C-2, C-1, and R-3. The following restrictions apply:
   1. The most intense of the uses must be an allowed use within the zoning district;
   2. On-site parking should be provided for all uses in accordance with this Code and shall meet all parking requirements, including landscaping requirements;
   3. A building permit with all required construction plans shall be submitted to and approved by city staff;
   4. Construction and tenant separation methods shall meet adopted code requirements and shall have building official and fire marshal approval.
6. Specialty automotive. Specialty automotive businesses are intended to accommodate auto dealers who provide auto-finder, boutique, specialty, and custom vehicle sales, as well as the sale of mopeds, and motor-driven cycle defined in part by a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters (cc). This type of business varies from traditional auto dealers in that vehicles are typically custom ordered and/or built to order, requiring substantially less floor, storage, and office space. These businesses generally have very low on-site inventory and are not dependent on a sales lot or showroom. These businesses are compatible with other businesses of a retail nature, both in form and function. This special use permit is not intended for a traditional automotive sales business where customary modifications are made to aid in the sale of the vehicle, also known as automotive sales and rental. Specialty Automotive Special Use Permits may be allowed by permit in the following zoning districts: C-3, C-4, C-5, C-6, I-1, I-2, and I-3. The following restrictions shall apply:
   1. There shall be no outside storage of vehicles or parts.
   2. Any outside display shall be of a limited nature of completed vehicles ready for sale. The display area shall not encroach upon city right-of-way or create sight limitations. The display shall be of temporary nature, only during the normal hours of operation for the business.
   3. A site and building plan, including parking, lighting, signage, overhead doors, and outdoor display areas must be submitted for review and should reflect typical characteristics of a traditional retail establishment.
   4. Upon consideration and approval of such special use permit, the Planning Commission and City Council shall establish an appropriate limit on the number of automobiles that are displayed for sale at any given time.
7. Tattoo or Body Piercing Studios. Tattoo and/or Body Piercing Studios may be allowed with a Special Use Permit only in the C-2, C-3, C-4, C-5, C-6 and I-1 zoning districts subject to the following regulations.
   1. For the purposes of interpreting this section, the following definitions shall apply:
      1. Tattoo or Body Piercing Establishment: A facility where tattooing and/or body piercing is practiced or where the business of tattooing and/or body piercing is conducted or any part thereof. Includes tattoo and/or body piercing studio or parlor.
      2. Tattooing: The practice of applying a tattoo(s) upon the body of a live human. Permanent cosmetic tattooing or medical tattooing when operating as an accessory use to a medical office, is excluded from this definition.
      3. Tattoo: An indelible mark, figure, or decorative design introduced by pricking in, piercing or implanting indelible pigments, dyes or color matter into or under the subcutaneous portion of the skin or mucosa or the production of scars upon the body of a live human. 
      4. Body Piercing: The puncturing or penetrating of the skin or mucosa of a person with any sharp instrument and/or the insertion of jewelry or other adornment into the opening. This definition does not include the piercing of the outer perimeter or love of the ear with a pre-sterilized single-use stud and clasp ear piercing systems.
      5. Tattoo or Body Piercing Studio: A permanent building, structure or suite located in a planned commercial center on a permanent foundation which contains at least one tattoo or body piercing parlor, holding all valid tattoo establishment permits, licenses, certificates, and approvals from required governmental agencies. Includes the term tattoo or body piercing establishment.
      6. Tattoo or Body Piercing Parlor: A single room within a tattoo or body piercing studio where a tattoo or body piercing artist performs tattoos or body piercing and associated procedures.
   2. The tattoo or body piercing studio shall not be located within 1000-feet from any existing tattoo or body piercing studio, or any property zoned for the following uses, as measured in a straight line from the nearest property line to nearest property line:
      1. Bars or nightclubs;
      2. Adult Entertainment establishments, including adult bookstores, adult motion picture theatres, adult motels, massage parlors, sexual encounter centers, and adult motion picture arcades:
      3. Pawnshops
      4. Blood and/or Plasma Donation Centers; and
      5. Surplus Stores
   3. No tattoo and/or body piercing studio shall be located within 300-feet of a single-family dwelling, as measured in a straight line from the nearest property line to nearest property line.
   4. The Special Use Permit shall be issued to the business owner and shall expire upon change of ownership of the business, moving of the business to a different location, or the cessation of the business. When moving the business to a different location, a new Special Use Permit must be obtained for the new location.
   5. All required business permits and licensing shall be obtained and maintained.
   6. For the purpose of enforcing these regulations, the City and its agents are hereby authorized to enter upon and into any tattoo and/or body piercing establishment with a Special Use Permit during the establishment’s business hours to inspect same. No person shall hinder, interfere with or prevent any inspection authorized by these regulations.
   7. A Special Use Permit may be revoked or suspended by the city council, for good cause, or for any violations of the provisions of this section, or any other section of the Moore City Code, or any state or federal law. Notice of a hearing for the revocation/suspension shall be served by certified mail to the last-known address of the permittee, personal service, or by posting on the property. The hearing on the notice shall be held not less than 20 days after the required service. The hearing shall be held before the city council to determine the future status of the permit.
      

(LDC 1991, § 12-461; Ord. No. 296(00), 11-20-2000; Ord. No. 627(08), 7-21-2008)

For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this article.

(LDC 1991, § 12-470; Ord. No. 296(00), 11-20-2000)

1. For the purpose of these regulations, words used in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The term "shall" is mandatory and not directory. The term "should" is that which ought to occur, but is not mandatory. The term "should" allows for interpretation.
2. The term "person" includes a corporation, a partnership, and an incorporated association of persons, such as a club; the term "building" includes any part thereof; the term "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
3. Words not herein defined shall conform to standard American-English usage.
4. Examples and lists shall not be considered to be all-inclusive unless the content clearly states to the contrary.

(LDC 1991, § 12-471; Ord. No. 296(00), 11-20-2000)

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

Abuts/abutting means to be separated by common property lines, streets, alley, railroad, pipeline or other utilities' right-of-way. The term "abuts/abutting" implies a closer proximity than the term "adjacent."

Access means a way of approaching or entering a property.

Accessory building means a subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominate use of the building or premises.

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

Adjacent means lying near or close to. See Abuts/abutting.

Adult entertainment uses means a business based upon materials or performances that depict, describe, or relate to specified sexual activities or specified anatomical areas, as defined hereunder.

Adult amusement or entertainment means amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to special conduct or specified anatomical areas as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

Adult bookstore means an establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult mini motion picture theatre means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motel means a motel wherein material is presented, as part of the motel services, via closed circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture arcade means any place at which slug-operated or electronically or mechanically controlled, still or motion picture machines, projectors, or other imageproducing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture theatre means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Massage parlor means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Sexual encounter center means any building or structure which contains, or is used for, commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to, bath houses, massage parlors, and related or similar activities.

For the purpose of this definition the terms "sexual conduct" and "specified anatomical areas" shall be defined as the following:

Sexual conduct means and includes the following:

1. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
2. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy;
3. Masturbation;
4. Excretory functions as part of or in connection with any of the activities set forth in a and b of this definition.

Specified anatomical areas means and includes the following:

1. Human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

No part of this paragraph will be deemed to disenfranchise any member of the healing arts licensed by the state to perform manipulation of body parts as part of their profession or counseling of said persons by licensed practitioners.

Advertising sign or structure means any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, place for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning, nor other signs posted by public officials in the course of their public duties nor merchandise being offered for sale shall be construed as advertising signs for the purpose of these regulations.

Alley means a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Amortization means a term used in zoning to denote the process by which nonconforming uses and structures must be discontinued or made to conform to requirements of these regulations at the end of a specified period of time.

Apartment house. See Dwelling, multifamily.

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following:

1. Buses;
2. Motor scooters;
3. Motorcycles;
4. Passenger cars; or
5. Trucks;

Automobile fuel pump station means a gas station that may sell automobile motor fuels, oil and other automobile maintenance products but not perform any incidental services other than windshield washing, fluid level checking, and air pressure checking.

Automobile repair center means a type of service station that may be allowed to do major engine repair, welding for automobile repair, paint, and body work and other major and more obnoxious automotive services. It is only permitted on review.

Automobile service or gasoline station means any area of land, including structures thereon, that may be used for the retail sale of gasoline or fuel oils, or other automobile accessories, and incidental services including facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including storage or salvaging, painting, major repair, automatic automobile washing, or the sale of butane or propane fuels. This is not the same as a filling station.

Automobile wrecking yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or wrecked, or where motor vehicles not in operable condition (other than a museum) are stored.

Bar means an establishment whose primary activity, measured by dollar volume of sales, involves the sale and the on-premises consumption of alcoholic beverages, low-point beer, mixed beverages, wine, or other liquor, and where food service, if any, is a secondary activity.

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

Billboard means a non-accessory sign or sign structure upon which advertising may be posted, painted, or affixed, and which is primarily designed for the rental or lease of the sign space for advertising not related to the use of the property upon which the sign is located.

Block means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public open spaces, rural land, drainage channels, or a combination thereof.

Board of adjustment means the board of adjustment of the city.

Boardinghouse means a dwelling other than a hotel, where for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 20, persons on a weekly or monthly basis.

Building means a structure intended for shelter, housing, or enclosure for persons, animals, or property. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

Building envelope means the net cubic space that remains for placing a structure on a site after building line, setback, side yard, height, and bulk regulations are observed.

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

Building line means a specific distance from a lot line beyond which a structure cannot lawfully extend (same as setback line).

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

Buffer zone means a strip of land that serves the purpose of separating, protecting, or screening one type of land use from another.

Capital improvements program means a governmental timetable of permanent improvements budgeted to fit the city's fiscal capacity of a future date, generally paid for by bond and tax programs.

Carport means a permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.

City means the City of Moore, Oklahoma.

City council means the governing or legislative authority of the city.

Clinic. See Medical facilities.

Compatibility means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.

Comprehensive plan means a legal document often in the form of a text with an accompanying map which is a compendium of a city's general policies regarding the long-term development of the city. It is adopted by the local legislative body and is also called a city plan, general plan, or master plan.

Conditional use means a use that may be located in certain zoning districts provided it will not be detrimental to the public health and welfare and will not impair the integrity and character of the zoned district. Same as uses permitted on review.

Convenience grocery store means a small grocery store, with or without automobile fuel pumps, located along a major thoroughfare which sells limited variety of goods when compared to supermarkets.

Coverage means the lot area covered by all buildings located thereon.

Day care center means any place, home, or institution which receives eight or more children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians or custodians, when such care is received for regular periods of time for compensation.

Density means the average number of housing units per unit of land generally expressed as dwelling unit per acre; may be specified as wither gross density, the number of dwelling units per acre based on total land area being considered, or net density, the number of dwelling units per acres excluding area in street right-of-way and other publicly owned property.

District means any sections of the city for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform for each class or kind of building therein.

Drive-in restaurant means a restaurant that provides carhop service and may provide walk-in service.

Drive-through restaurant means a restaurant that has facilities for a side window, or in-car ordering and a food pick-up portal located such that the customer never has to leave his car. Such a restaurant may also provide a carhop service or inside dining.

Drive-up restaurant means a restaurant that makes no provision for carhops or side-window, drive-through ordering.

Dwelling means any building or portion thereof, which is designed or used as living quarters for one or more families.

Dwelling, modular, means a relocatable living unit manufactured off-site and transported on an independent carrier unit to a permanent site which has been constructed in accordance with an engineering bulletin issued by the Office of Technical Standards, Department of Housing and Urban Development, Washington, D.C.

Dwelling, multifamily, means a detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.

Dwelling, single-family, means a detached dwelling (not including mobile homes) designed to be occupied by one family.

Dwelling, two-family, means a detached dwelling (not including mobile homes) designed to be occupied by two families living independently of each other.

Easement means the legal right to use property owned by another for specific purposes, such as maintenance, utility lines, roads, etc.

Eminent domain means the right of a government to take private property for public use or benefit upon payment of just compensation to the owner. The term "condemnation," in one sense of the word, can mean the same.

Exception means a potential exemption from certain requirements in these zoning regulations, allowable because the exemption applied for is one that is provided by the laws. Though some uses are normally not viewed as acceptable they might be written into law as exceptions and, in certain cases, be viewed as acceptable.

Family means one or more persons related by blood, marriage or adoption, or a group of not to exceed five persons not all related by blood or marriage.

Family day care home means any place, home or institution which receives seven or less children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians, or custodians, when such care is received for regular periods of time for compensation.

Floodplain (100-year flood) means the area in a drainage basin that is liable to be flooded (under water) by a rainfall having a one percent chance of being equaled or exceeded within any given year, resulting in the area being undesirable for many types of development.

Garage apartment means a dwelling unit for one family adjacent to or above a private garage.

Garage, parking, means any building, or portion thereof, used for the storage of four or more automobiles.

Garage, private, means an accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

Garage, repair, means a building in which services are provided for the care, servicing, repair or equipping of automobiles. Major engine repair, transmission repair, salvaged parts storage, and welding for automobile repair is permitted.

Gasoline, filling, or service station. See Automobile service or gasoline station.

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

1. Basements;
2. Elevator shafts and stairwells at each floor;
3. Floor space or mechanical equipment with structural head room of seven feet or more;
4. Penthouse;
5. Attic space providing room of seven feet or more;
6. Interior balconies, mezzanines and enclosed covered porches and enclosed steps;
7. Accessory uses in enclosed covered space, but not including space used for off-street parking.

Group home means any establishment or institution other than a hotel or motel for not more than six residents, 18 years of age or older, who are developmentally disabled or physically handicapped and which offers or provides supervision, residential accommodations, food service and training and skilled development opportunities designed to increase independence of the residents and supportive assistance to any of its residents requiring supportive assistance.

Health club means an establishment of place of business engaged in providing exercising and recreation facilities. Typical uses include health spas, gymnasiums, martial arts centers, fitness centers, racquetball courts and dance exercise facilities.

Home occupation means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, which is conducted entirely within the main or accessory buildings and is subject to the regulations contained in Part 9 of the City of Moore Code of Ordinances.

Homeowners association means an incorporated, nonprofit organization operating under recorded agreements through which each lot or homeowner in a planned unit development or other described land area is automatically a member. Such associations protect the land interests of the group (often called a neighborhood group) and, in the case of a planned unit development, each member is charged a proportionate share for the organization's activities (such as maintaining a common property).

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

Improved land means a classification of land that may or may not be vacant, but definitely contains (or is very near to) such facilities and utilities as roads, sewer, water lines, and other types of basic infrastructure.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other approved on-lot sewage treatment device.

Intensity means the degree to which land is used, referring to levels of concentration or activity in uses.

Kennel means any lot or premises on which are kept three or more dogs, more than six months of age. More than one litter of puppies born from different female dogs may be kept only in a kennel.

Landscaping means the improvement of a lot, parcel, or tract of land with grass, shrubs, and/or trees. The term "landscaping" may include pedestrian walks, flowerbeds, ornamental objects, such as foundations, statuary, and other familiar natural or artificial objects.

Leapfrog development means the development that occurs well beyond the existing limits of urban development in a city, thus leaving intervening land behind; a form of urban sprawl.

Lot means any plot of land occupied or intended to be occupied by one main buildings, or a group of main buildings, and accessory buildings and uses, including such open space as are required by these regulations and other laws or ordinances, and having its principal frontage on a street.

Lot area means the total area of a lot that is included within lot lines.

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

Lot depth means the mean horizontal distance between the front and rear lot lines.

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

Lot frontage means that dimension of a lot or portion of a lot abutting a street, excluding the side dimension of a corner lot.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot.

Lot, reverse frontage, means a double frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street. This is a highly desirable design practice for double frontage lots.

Manufactured home means a structure, transportable in one or more sections, which is eight body feet or more in width and 32 body feet or more in length, but contains no less than 320 square feet, and which is built on a permanent chassis, and designed with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Medical facilities means and includes the following:

Convalescent, rest, or nursing home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Dental clinic or medical clinic means a facility for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.

Dental office or doctor's office means same as dental clinic or medical clinic.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and includes related facilities, central services facilities and staff offices which are an integral part of the facilities.

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

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

Mixed building means a building designed for or containing both residential and nonresidential uses, or multiple nonresidential uses.

Mobile home means a mobile living unit used or designed for human occupancy on a permanent basis. Mobile homes may be of the single-, double-, or triple-wide variety, the latter two being combinations of specially built single-wides. See Manufactured home.

Mobile home park means the land that is rented or used for occupancy by one or more mobile homes or travel trailers.

Mobile home subdivision means the land that has been subdivided with the intent that mobile homes will each occupy one lot and that the dweller is able to buy his lot.

Nonconformance means a lawful condition of a structure or land use which does not conform to the regulations of the district in which it is located. The term "nonconformance" may include, but is not limited to, any failure to conform to use, height, area, coverage, or off-street parking requirements.

Nursery (plant) means any land used to raise trees, shrubs, flowers, or other plants for sale or for transplanting. Also refers to a business which sells nursery stock and related garden supplies.

Occupancy permits means official certification which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or condition of the building permit.

Open space means area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices and eaves of porches.

Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

Planned unit development means a development that includes a mixture of housing types and densities whose regulations allow the developer more flexibility than regular regulations permit. Generally, a common open space, homeowners' association, and some neighborhood commercial activity is included. The overall density of the PUD must not exceed that which such an area of land could have legally been developed to under regular regulations.

Planning commission means the planning commission of the city. It is also called a zoning commission or planning and zoning commission.

Public improvement means any improvements consisting of drainage, water, sanitary sewer, paving, sidewalks, or other facilities for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public use means any area, building or structure held, used, or controlled exclusively for public purposes by any department or branch of any government, without reference to the ownership of the building or structure.

Public use, quasi, means any use which is essentially public and not for profit which is under private ownership or control.

Public utility means a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or communications.

Public way means any street, waterway, viaduct, sidewalk, bridge, waterfront, parkway, playground, square, park, aviation field, and other public ground and open space.

Recreation center means a place of entertainment that does not serve alcohol or beer and specializes in such entertainment as pool, billiards, pinball, video games, foosball, and the like.

Rezoning means an amendment to or change in the zoning status of a lot, tract, or parcel of land.

Right-of-way means the right of passage over the property of another either via public implied dedication (such as roads and railways) or accepted access (such as shoreline). "Easement" is a comparable term, but usually refers to utility lines and drainageways.

Roadway means the improved or unimproved portion of a street intended for the accommodation of vehicular traffic.

Roominghouse means a building where lodging only is provided for compensation to three or more, but not exceeding 20, persons. A building which has accommodations for more than 20 persons shall be defined as a hotel under the terms of these regulations.

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

Service station. See Automobile service or gasoline station.

Setback line. See Building line.

Shopping center means one or more commercial buildings which are planned, developed, owned, or managed as a unit, which provides shared facilities, including parking. Although typically utilized for retail sales of goods and merchandise, offices, theatres, and food service tenants are authorized uses. Food service establishments are those which exclusively provide for on-premises consumption of prepared food.

Sidewalk means a paved surface area paralleling and usually separated from the street, used as a pedestrian way.

Sight-proof screening means decorative fencing, evergreen vegetation or landscaped earth berms maintained for the purpose of concealing from view the property or structure behind such a fence, evergreen vegetation or berm.

Special exemption. See Exception.

Special use permit means a use eligible to be permitted in a zoning district upon approval by the city council.

Spot zoning means the awarding of a use classification (zoning) to a single parcel of land when that classification is inappropriate or detrimental to the uses in the surrounding area. In spot zoning situations an individual property owner benefits greatly, at the cost of nearby property owners.

Stable, private, means a stable with a capacity for more than two horses or mules.

Stable, public, means a stable, other than a private stable, with a capacity for more than two horses or mules.

Standards means a term loosely defined as referring to all requirements in zoning regulations but more specifically including site design regulations such as lot area, height limits, floor area ratios, frontage requirements, etc. Under another sense of the term, a standard is a hypothetical estimate for what a city of given size and population "should" have in terms of city services and land use patterns, such as street widths, sewer line sizes, and treatment capacities, amount and type of park land, etc.

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

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.

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

Street, cul-de-sac, means a street with an intersection at one end and a wide, circular turnaround on the other, thus discouraging use of the street by nonresidents of the street and facilitating privacy.

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

Street, major (or major arterial), means a road that serves through-traffic movement across urban areas, often subject to controlled access from properties fronting on the right-of-way. Section line roads are generally a good example, since they facilitate the transportation of numerous vehicles across urban areas.

Street, minor, means a street that transports a much lower volume of daily traffic than a major street, classifiable into two varieties, local and collectors. Local roadways are those allowing access to abutting land, serving local (residents of a given street) traffic only. A collector street is one that channels traffic from local streets to major arterials.

Strip zoning means an assorted zoning, haphazard mixture of development, usually commercial, extending along both sides of a major street leading out from a city.

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

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

Subdivider (also referred to as "the developer") means any person, firm, partnership, corporation, or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Subdivision means the process of laying out a parcel of raw land into lots, blocks, streets, and public areas. The term "subdivision" also refers to the land that has been divided in this manner.

Tourist court means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.

Tourist home means a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

Trailer or mobile home space means: a plot of ground within a trailer court designed for the accommodation of one mobile home.

Trailer court or mobile home park means a parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more trailer houses or mobile homes.

Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods, or commodities, including boats.

Trailer home or mobile home means a detached single-family dwelling unit with all of the following characteristics:

1. Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
2. Designed to be transported after fabrication on its own wheels with the carriage frame for transportation being an integral part of the construction of the unit including axles, wheels and hitch; and
3. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.

Trailer, traveling or camping, means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and containing less than 175 square feet floor area.

Transition means a buffer between two or more dwelling districts or incompatible uses.

Underground home or subterranean home means a dwelling unit which is constructed at least halfway underground from floor to ceiling on at least two sides. The home must be intended and designed for year-round occupancy and have a roof that is covered by soil over 75 percent of its area. A part of the home may be constructed above grade (ground level) but not so much that the below grade area is more appropriately defined as a basement.

Utility means a service provided to the public by either a private or public agency.

Variance means an approved relaxation of city regulations as to land use when applied for by a property owner who would be caused undue hardship of the requirements were enforced to the criteria demanded. It can only be granted when this hardship is caused by the property's being a relatively useless size, shape, slope, location, or other liability, none of which being common to properties in the area.

Veterinary clinic/hospital means a facility for the medical or surgical treatment of diseases and injuries of domestic animals.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in these regulations that an accessory building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and outside wall of the main building.

Yard, rear, means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

Zero lot line means a lot where the outside wall of a structure is located on the side property line.

Zoning district means an area of the city designated in the zoning regulations text and delineated on the zoning map that is affected by specific land use requirements, as to use, building coverage, building height, setback lines, lot size, frontage requirements, parking and loading requirements and any other relevant regulations that are passed by the city.

(Prior Code, app. B, § 16-27; LDC 1991, § 12-472; Ord. No. 35(92), 9-21-1992; Ord. No. 296(00), 11-20-2000)

The following are zoning districts within the city:

1. A-1 Rural Agricultural District.
2. A-2 Suburban Agricultural District.
3. RE Residential Estates.
4. R-1 Single-Family Dwelling District.
5. R-2 Two-Family Dwelling District.
6. R-3 General Residential District.
7. R-4 Multiple Family District.
8. R-5 Manufactured Home District.
9. C-1 Office District.
10. C-2 Neighborhood Commercial District.
11. C-3 General Commercial District.
12. C-4 Planned Shopping Center District.
13. C-5 Automotive and Commercial Recreation District.
14. C-6 Central Business District.
15. I-1 Light Industrial District.
16. I-2 Medium Industrial District.
17. I-3 Heavy Industrial District.
    

This district is intended to provide an area primarily for agricultural uses or the extraction of the various products such as oil, minerals, rock and gravel from the earth. The rural nature and low density of population in this district requires only that the buildings and extraction facilities related to the uses of this district have a reasonable setback from the streets and highways. It is the purpose of this district to protect such uses from unplanned urbanization so long as the land therein is devoted primarily to agriculture or extraction minerals.

(Prior Code, app. B, § 16-30; LDC 1991, § 12-210; Ord. No. 296(00), 11-20-2000)

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

1. Agricultural processing: limited;
2. Agricultural processing: general;
3. Animal raising: personal;
4. Horticulture;
5. Row and field crops;
6. Single-family detached residential;
7. Public service or utility: light;
8. Public service or utility: moderate;
9. Low impact institutional: neighborhood related;
10. Moderate impact institutional;
11. Library services and community centers;
12. Community recreation: restricted;
13. Community recreation: general.

(Prior Code, app. B, § 16-24; LDC 1991, § 12-211; Ord. No. 445, 4-4-1988; Ord. No. 508, 5-7-1990; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in an A-1 Rural Agricultural District on review:

1. Animal raising: commercial;
2. Animal waste processing;
3. Manufactured home residential;
4. Public service or utility: heavy;
5. High impact institutional;
6. Agricultural supplies and services;
7. Animal sales and services: auctioning;
8. Animal sales and services: grooming;
9. Animal sales and services: horse stables;
10. Animal sales and services: kennels and veterinary, restricted;
11. Animal sales and services: kennels and veterinary, general;
12. Communications services: limited tower operations;
13. Communications services: towers;
14. Food and beverage retail sales: temporary or seasonal;
15. Funeral and interment services: animal;
16. Funeral and interment services: burial;
17. Funeral and interment services: undertaking;
18. Tourist accommodations: campgrounds;
19. Transportation facilities: aircraft;
20. Mining and processing: minerals and raw materials;
21. Mining and processing: oil and gas.

(Prior Code, app. B, § 16-32; LDC 1991, § 12-212; Ord. No. 296(00), 11-20-2000)

All lots and improvements within an A-1 Rural Agricultural District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 50 feet with a minimum of 75 feet on section line roads;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which gave an average setback line of greater than 50 feet, and no building varies more than five feet from this average setback line, then no buildings shall be erected closer than the minimum setback so established by existing buildings; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall 25 feet on both sides; and
   2. The minimum depth of a side yard for churches and schools shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of a rear yard shall be 20 percent of the depth of the lot or 20 feet, whichever is smaller; and
   2. Accessory buildings shall be a minimum of ten feet from the rear lot line;
4. Each lot shall have a frontage of not less than 320 feet; provided, however, that right-of-way dedications may be included in calculating lot frontage;
5. All lots shall have not less than five acres of land, including street dedications, and not more than one principal building shall be placed on any one lot;
6. Not more than 25 percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision; and
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-33; LDC 1991, § 12-213; Ord. No. 296(00), 11-20-2000)

This district is intended to provide a location for the land situated on the fringe of the urban area that is used for agricultural purposes, but which will be undergoing urbanization in the near future. Many tracts in this district will be in close proximity to residential and commercial uses. Therefore, the agricultural activities conducted in this area should not be detrimental to residential, commercial, or industrial development than is authorized in other districts. The types of uses, required area, and the intensity of use of land permitted in this district are designed to encourage and protect agricultural uses so long as the land therein is devoted primarily to agriculture.

(Prior Code, app. B, § 16-34; LDC 1991, § 12-220; Ord. No. 296(00), 11-20-2000)

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

1. Agricultural processing: limited;
2. Animal raising: personal;
3. Horticulture;
4. Row and field crops;
5. Single-family detached residential;
6. Public service or utility: light;
7. Low impact institutional: neighborhood related;
8. Moderate impact institutional;
9. Library services and community centers;
10. Community recreation: restricted;
11. Community recreation: general.

(Prior Code, app. B, § 16-35; LDC 1991, § 12-221; Ord. No. 445, 4-4-1988; Ord. No. 194(97), 7-7-1997; Ord. No. 217 (97), 1-5-1998; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in an A-2 Suburban Agricultural District on review:

1. Agricultural processing: general;
2. Public service or utility: moderate;
3. Public service or utility: heavy;
4. High impact institutional;
5. Animal sales and services: grooming;
6. Animal sales and services: horse stables;
7. Animal sales and services: kennels and veterinary, restricted;
8. Animal sales and services: kennels and veterinary, general;
9. Communications services: limited tower operations;
10. Communications services: towers;
11. Food and beverage retail sales: temporary or seasonal;
12. Funeral and interment services: animal;
13. Funeral and interment services: burial;
14. Funeral and interment services: undertaking;
15. Tourist accommodations: campgrounds;
16. Transportation facilities: aircraft.

(Prior Code, app. B, § 16-36; LDC 1991, § 12-222; Ord. No. 296(00), 11-20-2000)

All lots and improvements within an A-2 Suburban Agricultural District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 50 feet with a minimum of 75 feet on section line roads; and
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which gave an average setback line of greater than 50 feet, and no building varies more than five feet from this average setback line, then no buildings shall be erected closer than the minimum setback so established by existing buildings;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 15 feet on each side; and
   2. The minimum depth of a side yard for churches and schools shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of a rear yard shall be 25 feet; and
   2. Accessory buildings shall be a minimum of ten feet from the rear lot line;
4. Each lot shall have a frontage of not less than 100 feet; provided, however, that right-of-way dedications may be included in calculating lot frontage;
5. All lots shall have not less than two acres of land, including street dedications, and not more than one principal building shall be placed on any one lot;
6. Not more than 25 percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision; and
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-37; LDC 1991, § 12-223; Ord. No. 296(00), 11-20-2000)

There is hereby established and allowed within the city, a subdivision within A-2 Suburban Agricultural District, which subdivision shall comply in all respects with the area regulations as are set forth in section 12-234 and all design principles of subdivision standards.

(Prior Code, app. B, § 16-38; LDC 1991, § 12-224; Ord. No. 296(00), 11-20-2000)

This district is intended to provide for the intermediate stage between the two-acre lot of the suburban agricultural district and the 6,000 square feet lot of the low-density residential zoning. This zoning district will provide for single-family housing and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.

(LDC 1991, § 12-230; Ord. No. 296(00), 11-20-2000)

Property and buildings in a RE Residential Estates District shall be used only for the following purposes:

1. Single-family detached residential dwelling;
2. Public service utility: light;
3. Low impact institutional: neighborhood related;
4. Moderate impact institutional;
5. Library services and community centers;
6. Community recreation: restricted.

(LDC 1991, § 12-231; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a RE Residential Estates District on review:

1. Animal raising: personal;
2. Public service or utility: moderate;
3. High impact institutional;
4. Community recreation: general.

(LDC 1991, § 12-232; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a RE Residential Estates District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet with a minimum of 75 feet on section line roads;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be ten feet;
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 20 feet;
   3. For churches and schools, the minimum depth of a side yard shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 20 percent of the depth of the lot or 20 feet, whichever is smaller; and
   2. Accessory buildings shall be a minimum of ten feet from the rear lot line;
4. Lot width requirements are as follows:
   1. Each lot shall have a minimum frontage of 60 feet when measured at the front building line; and
   2. Each lot must abut on the street for a minimum of 35 feet;
5. Intensity of use requirements are as follows:
   1. For a one-family dwelling, each lot must contain a minimum of three-quarter-acre to two acres; and
   2. Schools must contain a minimum of three acres;
6. Coverage requirements are as follows:
   1. Not more than 35 percent of the lot area shall be covered by the dwelling; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(LDC 1991, § 12-233; Ord. No. 296(00), 11-20-2000)

This is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.

(Prior Code, app. B, § 16-43; LDC 1991, § 12-240; Ord. No. 296(00), 11-20-2000)

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

1. Single-family detached residential;
2. Public service or utility: light;
3. Low impact institutional: neighborhood related;
4. Moderate impact institutional;
5. Library services and community centers;
6. Community recreation: restricted.

(Prior Code, app. B, § 16-44; LDC 1991, § 12-241; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a R-1 Single-Family Dwelling District on review:

1. Public service or utility: moderate;
2. High impact institutional;
3. Community recreation: general.

(Prior Code, app. B, § 16-45; LDC 1991, § 12-242; Ord. No. 445, 4-4-1988; Ord. No. 195(97), 7-7-1997; Ord. No. 296(00), 11-20-2000)

All lots and improvements within the R-1 Single-Family Dwelling District, shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be five feet on each side;
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 20 feet;
   3. For churches and schools, the minimum depth of a side yard shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 15 feet; and
   2. Accessory buildings shall be a minimum of ten feet from the rear lot line;
4. Lot width requirements are as follows:
   1. Each lot shall have a minimum frontage of 55 feet when measured at the front building line; and
   2. Each lot must abut on the street for a minimum of 35 feet;
5. Intensity of use requirements are as follows:
   1. For a one-family dwelling, each lot must contain a minimum of 6,000 square feet; and
      
   2. Schools must contain a minimum of three acres;
6. Coverage requirements are as follows:
   1. Not more than 40 percent of the lot area shall be covered by the dwelling; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-46; LDC 1991, § 12-243; Ord. No. 6, 11-18-1991; Ord. No. 153, 5-6-1996; Ord. No. 167, 9-3-1996; Ord. No. 200, 9-2-1997; Ord. No. 296(00), 11-20-2000)

This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through the consideration of the proper functional relationship of the different uses.

(Prior Code, app. B, § 16-47; LDC 1991, § 12-250; Ord. No. 296(00), 11-20-2000)

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

1. Single-family detached residential;
2. Two-family attached residential;
3. Public service of utility: light;
4. Low impact institutional: neighborhood related;
5. Moderate impact institutional;
6. Library services and community centers;
7. Community recreation: restricted.

(Prior Code, app. B, § 16-48; LDC 1991, § 12-251; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a R-2 Two-Family Dwelling District on review:

1. Public service or utility: moderate;
2. High impact institutional;
3. Community recreation: general.

(Prior Code, app. B, § 16-49; LDC 1991, § 12-252; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a R-2 Two-Family Dwelling District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet with a minimum of 75 feet on section line roads;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be five feet on each side;
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 20 feet;
   3. For churches and schools, the minimum depth of a side yard shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 15 feet
   2. Accessory buildings and garage apartments shall be a minimum of ten feet from the rear lot line;
4. Lot width requirements are as follows:
   1. For a single-family dwelling, each lot shall have a minimum frontage of 55 feet when measured at the front building line and must abut the street for at least 35 feet;
   2. For a two-family dwelling, each lot shall have a minimum frontage of 75 feet when measured at the front building line and must abut the street for at least 40 feet;
   3. For a single-family dwelling with a garage apartment, each lot shall have a minimum frontage of 75 feet when measured at the front building line and must abut the street for at least 40 feet;
5. Intensity of use requirements are as follows:
   1. For a single-family and two-family dwelling, each lot must contain a minimum of 6,000 square feet;
   2. For a two-family dwelling or single-family dwelling with a garage apartment, each lot shall have a minimum of 7,500 square feet; and
   3. Schools must contain a minimum of three acres;
6. Coverage requirements are as follows:
   1. Not more than 40 percent of the lot area shall be covered by the dwelling; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-50; LDC 1991, § 12-253; Ord. No. 6, 11-18-1991; Ord. No. 154, 5-6-1996; Ord. No. 167, 9-3-1996; Ord. No. 200, 9-2-1997; Ord. No. 296(00), 11-20-2000)

This residential district is intended to provide for multiple-family developments which may have a relatively intense concentration of dwelling units served by large open spaces, including common area and facilities, thereby resulting in low gross densities. The principal use of land may be for one of several dwelling types ranging from single-family to low-rise multifamily dwellings, and including garden apartments, condominiums and townhouses.

(Prior Code, app. B, § 16-51; LDC 1991, § 12-260; Ord. No. 296(00), 11-20-2000)

Property and buildings in a R-3 General Residential District shall be used only for the following purposes:

1. Single-family detached;
2. Two-family attached residential;
3. Townhouse;
4. Multifamily residential;
   
5. Group residential;
6. Public service or utility: light;
7. Low impact institutional: neighborhood related;
8. Moderate impact institutional;
9. Library services and community centers;
10. Community recreation: restricted.

(Prior Code, app. B, § 16-52; LDC 1991, § 12-261; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a R-3 General Residential District on review:

1. Public service or utility: moderate;
2. High impact institutional;
3. Community recreation: general;
4. Group care facility;
5. Community-based care facility.

(Prior Code, app. B, § 16-53; LDC 1991, § 12-262; Ord. No. 442, 2-16-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a R-3 General Residential District, shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet with a minimum of 75 feet on section line roads;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be five feet on each side;
      
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 25 feet;
   3. For churches and schools, the minimum depth of a side yard shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 20 percent of the depth of the lot or 20 feet, whichever is smaller; and
   2. Accessory buildings and garage apartments shall be a minimum of ten feet from the rear lot line;
4. Lot width requirements are as follows:
   1. For a single-family dwelling, each lot shall have a minimum frontage of 55 feet when measured at the front building line and must abut the street for at least 35 feet;
   2. For a two-family dwelling, each lot shall have a minimum frontage of 75 feet when measured at the front building line and must abut the street for at least 40 feet;
   3. For a multifamily dwelling, each lot shall have a minimum frontage of 75 feet increased by ten feet for each additional dwelling unit over two, but not exceeding 150 feet when measured at the front building line. It must abut on the street for a minimum of 50 feet;
5. Intensity of use requirements are as follows:
   1. For a single-family dwelling, each lot must contain a minimum of 6,000 square feet;
   2. For a two-family dwelling or single-family dwelling with a garage apartment, each lot shall have a minimum of 7,500 square feet;
   3. For a multifamily dwelling, each lot shall contain a minimum of 3,000 square feet per unit; and
   4. Schools must contain a minimum of three acres;
6. Coverage requirements are as follows:
   1. Not more than 35 percent of the lot area shall be covered buildings and improvements; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-54; LDC 1991, § 12-263; Ord. No. 6, 11-18-1991; Ord. No. 167, 9-3-1996; Ord. No. 296(00), 11-20-2000)

This is a residential district to provide for densities of dwelling units up to 15 dwelling units per acre. The principal use of land is for single-family dwellings, townhouses, low-rise multifamily dwellings, and garden apartments. Religious and educational uses normally located to service residential uses are also permitted to provide the basic elements of convenient, balanced, and attractive living areas.

(Prior Code, app. B, § 16-54.1; LDC 1991, § 12-270; Ord. No. 296(00), 11-20-2000)

Property and buildings in a R-4 Multiple Family District shall be used only for the following purposes:

1. Single-family detached residential;
2. Two-family attached residential;
3. Townhouse;
4. Multifamily residential;
5. Group residential;
6. Public service or utility: light;
7. Low impact institutional: neighborhood related;
8. Community recreation: restricted.

(Prior Code, app. B, § 16-54.2; LDC 1991, § 12-271; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a R-4 Multiple Family District on review:

1. Public service or utility: moderate;
2. Moderate impact institutional;
3. High impact institutional;
4. Library services and community centers;
5. Community recreation: general;
6. Food and beverage retail sales: temporary and seasonal.

(Ord. No. 445, 4-4-1988; LDC 1991, § 12-272; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a R-4 Multiple Family District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet with a minimum of 75 feet on section line roads;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be 15 feet on each side;
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 25 feet;
   3. For churches and schools, the minimum depth of a side yard shall be 35 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 20 percent of the depth of the lot or 20 feet, whichever is smaller;
   2. Accessory buildings and garage apartments shall be a minimum of ten feet from the rear lot line; and
   3. Garage apartments shall be a minimum of ten feet from the rear lot line;
4. Lot width requirements are as follows:
   1. For a single-family dwelling, each lot shall have a minimum frontage of 55 feet when measured at the front building line and must abut the street for at least 35 feet;
   2. For a two-family dwelling, each lot shall have a minimum frontage of 75 feet when measured at the front building line and must abut the street for at least 40 feet;
   3. For a multifamily dwelling, each lot shall have a minimum frontage of 75 feet increased by ten feet for each additional dwelling unit over two, but not exceeding 150 feet when measured at the front building line. It must abut on the street for a minimum of 50 feet;
5. Intensity of use requirements are as follows:
   1. For a single-family dwelling, each lot must contain a minimum of 6,000 square feet;
   2. For a two-family dwelling, each lot shall contain a minimum of 7,500 square feet;
   3. A garage apartment on the same lot as a duplex or multifamily dwelling requires an additional 1,700 square feet;
   4. For a multifamily dwelling, a minimum of 9,000 square feet is required with an additional 1,700 square feet for each unit over three; and
   5. Schools must contain a minimum of three acres;
6. Coverage requirements are as follows:
   1. Not more than 35 percent of the lot area shall be covered buildings and improvements; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 54.3; LDC 1991, § 12-273; Ord. No. 167, 9-3-1996; Ord. No. 167(96), 9-3-1996; Ord. No. 296(00), 11-20-2000)

This is a restrictive residential district. The principal use of land is a manufactured home used as a single residence. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for manufactured homes, which are not compatible with conventional housing.

(Prior Code, app. B, § 16-54.4; LDC 1991, § 12-280; Ord. No. 296(00), 11-20-2000)

Property and buildings in a R-5 Manufactured Home District shall be used only for the following uses:

1. Manufactured home residential;
2. Public service utility: light.

(Prior Code, app. B, § 16-54.5; LDC 1991, § 12-281; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a R-5 Manufactured Home District on review: public service or utility: moderate.

(LDC 1991, § 12-282; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a R-5 Manufactured Home District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way line to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. If 25 percent or more of the lots on one side of the street between two intersection streets are improved with buildings, all of which have an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street than the minimum setback so established by existing buildings; but this regulation shall not require a front yard depth of greater than 40 feet; and
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. For interior lots, the minimum depth of a side yard shall be 15 feet on one side and five on the other;
   2. For corner lots:
      1. The minimum depth of a side yard shall be 15 feet if the lot is backing up to the rear of another corner lot; and
      2. In all other cases, the minimum depth of a side yard shall be 25 feet;
3. Rear yard requirements are as follows:
   1. The minimum depth of the rear yard shall be 20 percent of the depth of the lot or 20 feet, whichever is smaller;
   2. Accessory buildings shall be a minimum of ten feet from the rear lot line; and
   3. Each lot shall have a minimum frontage of 55 feet when measured at the front building line, and each lot must abut on the street for a minimum of 35 feet;
4. Intensity of use requirements are as follows:
   1. For mobile home parks, the minimum lot size shall be 4,000 square feet;
   2. For travel trailer parks, the minimum lot size shall be 2,500 square feet;
5. Coverage requirements are as follows:
   1. Not more than 25 percent of the lot area shall be covered buildings and improvements; and
   2. Not more than 20 percent of the rear yard shall be covered by accessory buildings;
6. Parking requirements are as follows:
   1. For mobile home parks, two clearly defined parking spaces per mobile home space in a mobile home park; and
   2. For travel trailer park, at least one clearly defined parking space for each travel trailer;
7. A buffer strip ten feet wide with sight-proof fence or shrubbery of six feet in height shall be required; and
8. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot.

(Prior Code, app. B, § 16-54.6; LDC 1991, § 12-283; Ord. No. 296(00), 11-20-2000)

This district is for the conduct of general and professional office and related activity to meet the needs of the community in such a manner as to not be offensive to a general neighborhood containing residential, religious, recreational and educational elements. It is intended that this district be located so as not to introduce traffic onto solely residential streets or an intrusion into a residential district, but to serve as a buffer between residential and more intensive commercial activities. This classification will be used primarily for that type of business activity which will not add heavy traffic, foot or vehicle, into an area outside of normal operating business hours.

(Prior Code, app. B, § 16-55; LDC 1991, § 12-290; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-1 Office District shall be used only for the following purposes:

1. Public service or utility: light;
2. Low impact institutional: neighborhood related;
3. Cultural exhibits;
4. Library services and community centers;
5. Administrative and professional office;
6. Business support services;
7. Personal services: restricted;
8. Research services.

(Prior Code, app. B, § 16-56; LDC 1991, § 12-291; Ord. No. 64(93), 12-6-1993; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a C-1 Office District on review:

1. Public service or utility: moderate;
2. Medical services: restricted;
3. Medical services: general.

(LDC 1991, § 12-292; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a C-1 Office District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall 25 feet;
   2. No object shall be constructed that restricts the view within 15 feet of an edge of an existing or proposed street;
   3. When a yard has double frontage, the front yard requirements shall be met on both streets;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 20 feet on each side;
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. Minimum depth of the rear yard shall be 20 feet;
4. No minimum lot size is required;
5. No minimum lot width is required;
6. Not more than 30 percent of the lot may be covered by buildings or other improvements. Paved areas are not considered improvements within the meaning of these regulations;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot; and
8. A six-foot screening is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-57; LDC 1991, § 12-293; Ord. No. 296(00), 11-20-2000)

1. This district is intended for a unified grouping in one or more buildings of retail shops and stores and personal services of limited size and service area that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods where retail shops and personal services are not otherwise readily available.
2. It is intended that this neighborhood commercial center be developed as a unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening.

(Prior Code, app. B, § 16-58; LDC 1991, § 12-300; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-2 Neighborhood Commercial District shall be used only for the following uses:

1. Public service or utility: light;
2. Low impact institutional: neighborhood related;
3. Cultural exhibits;
4. Library services and community centers;
5. Administrative and professional office;
6. Alcoholic beverage retail sales;
7. Animal sales and services: grooming;
8. Animal sales and services: veterinary and kennel, restricted;
9. Business support services;
10. Child care center;
11. Adult day care center;
12. Convenience sales and services;
13. Eating establishments: sit-down;
14. Food and beverage retail sales;
15. Funeral and interment services: undertaking;
16. Health clubs;
17. Medical services: restricted;
18. Medical services: general;
19. Personal services: restricted;
20. Research services;
21. Retail sales and services: general.

(Prior Code, app. B, § 16-59; LDC 1991, § 12-301; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a C-2 Neighborhood Commercial District on review:

1. Public service or utility: moderate;
2. Retail sales and services: restricted.

(LDC 1991, § 12-302; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a C-2 Neighborhood Commercial District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. No object shall be constructed that restricts the view within 15 feet of an edge of an existing or proposed street;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 20 feet on each side;
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. Intensity of use requirements are as follows:
   1. The minimum lot size shall be 10,000 square feet;
   2. The maximum lot size shall be 2½ acres;
   3. The maximum gross floor area of a neighborhood commercial center shall be 16,000 square feet;
4. The minimum depth of the rear yard shall be 20 feet;
5. No minimum lot width is required;
6. Not more than 40 percent of the lot may be covered by buildings or other improvements. Paved areas are not considered improvements within the meaning of these regulations;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot; and
8. A six-foot screening is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-60; LDC 1991, § 12-303; Ord. No. 296(00), 11-20-2000)

This district is established for major retail and service activity removed from the central business district with major thoroughfare access and provided with adequate open space and parking.

(Prior Code, app. B, § 16-61; LDC 1991, § 12-310; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-3 General Commercial District shall be used only for the following purposes:

1. Public service or utility: light;
2. Low impact institutional: neighborhood related;
3. Cultural exhibits;
4. Library services and community centers;
5. Community recreation: restricted;
6. Community recreation: general;
7. Administrative and professional office;
8. Alcoholic beverage retail sales;
9. Animal sales and services: grooming;
10. Animal sales and services: kennels and veterinary, restricted;
11. Business support services;
12. Child care center;
13. Adult day care center;
14. Construction sales and services: light;
15. Convenience sales and services;
16. Eating establishments: fast foods;
17. Eating establishments: sit-down;
18. Food and beverage retail sales;
19. Food and beverage retail sales: temporary or seasonal;
20. Funeral and interment services: undertaking;
21. Health clubs;
22. Medical services: restricted;
23. Medical services: general;
24. Participant recreation and entertainment: indoor;
25. Personal services: restricted;
26. Personal services: general;
27. Repair sales and services: consumer;
28. Research services;
29. Retail sales and services: general;
30. Spectator sports and entertainment: restricted;
31. Spectator sports and entertainment: general;
32. Tourist accommodations: lodging.

(Prior Code, app. B, § 16-62; LDC 1991, § 12-311; Ord. No. 442, 2-16-1988; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 64(93), 12-6-1993; Ord. No. 68(93), 12-20-1993; Ord. No. 176(96), 12-2-1996; Ord. No. 296(00), 11-20-2000; Ord. No. 558(06), § 1, 10-2-2006)

The following uses may be permitted in a C-3 General Commercial District on review:

1. Public service or utility: moderate;
2. Moderate impact institutional;
3. High impact institutional;
4. Group care facility;
5. Community-based care facility;
6. Animal sales and services: kennels and veterinary, general;
7. Automotive and equipment: light
   
8. Communications services: limited tower operations;
9. Drinking establishments: sit-down, alcoholic beverages and low-point beer permitted;
10. Eating establishments: drive-in
11. Gasoline sales: light
    
12. Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted;
13. Personal storage;
14. Retail sales and services: adult entertainment;
15. Commercial parking;
16. Transportation facilities: passenger;
17. Retail sales and services: restricted;
18. Construction sales and services: heavy.

(Prior Code, app. B, § 16-62; LDC 1991, § 12-312; Ord. No. 442, 2-16-1988; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 64(93), 12-6-1993; Ord. No. 68(93), 12-20-1993; Ord. No. 176(96), 12-2-1996; Ord. No. 296(00), 11-20-2000; Ord. No. 558(06), § 2, 10-2-2006)

All lots and improvements within a C-3 General Commercial District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. No object shall be constructed that restricts the view within 15 feet of an edge of an existing or proposed street;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 25 feet on each side;
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. The minimum lot size shall be 10,000 square feet;
4. The minimum depth of the rear yard shall be 20 feet;
5. The minimum lot width shall be 100 feet;
6. Not more than 50 percent of the lot may be covered by buildings or other improvements. Paved areas are not considered improvements within the meaning of these regulations;
7. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
8. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
9. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply;
10. A six-foot screening is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-63; LDC 1991, § 12-313; Ord. No. 296(00), 11-20-2000; Ord. No.593(07), § 1, 6-18-2007)

The off-street parking requirements applicable to businesses in a C-3 General Commercial District shall be a permanent common off-street parking facility for all uses within the shopping center, provided that the lot contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; provided, however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than 3½ times the gross floor area used for retail trades in the shopping center.

(Prior Code, app. B, § 16-64; LDC 1991, § 12-314; Ord. No. 296(00), 11-20-2000)

An application for rezoning to C-3 for use as a general commercial district shall include the following, in addition to the administrative requirements set forth in these regulations:

1. The developer shall submit site plans of the proposed development which shall be in adequate detail to determine compliance with the provisions of this section; and which shall show the arrangement of buildings, types of shops and stores, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility and drainage easements and facilities; and the relationship of the shopping center development to adjacent areas which it may affect;
2. Evidence that indicates, to the satisfaction of the city council and planning commission, the ability and intent of the developer to carry out the development of the shopping center in accordance with plans submitted in accordance with subsection (A) of this section.

(Prior Code, app. B, § 16-65; LDC 1991, § 12-315; Ord. No. 296(00), 11-20-2000)

1. This district is intended for a unified grouping, in one or more buildings, of retail shops, stores and offices which are planned and developed as an operating unit and under single or multiple ownership. A development will typically contain such features as shared parking, driveways, and common facilities, adequate setbacks and landscaping, and sufficient on-site parking for customers and employees. Outdoor storage and display is not permitted.
2. A site plan shall be developed in accordance with the city's landscaping and parking requirements. All required landscaping and parking shall be shown on the site plan.

(Prior Code, app. B, § 16-66; LDC 1991, § 12-320; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-4 Planned Shopping Center District shall be used only for the following purposes:

1. Public service or utility: light;
2. Low impact institutional: neighborhood related;
3. Community recreation: restricted;
4. Community recreation: general;
5. Administrative and professional office;
6. Alcoholic beverage retail sales;
7. Animal sales and services: grooming;
8. Animal sales and services: kennels and veterinary, restricted business;
9. Business support services;
10. Child care center;
11. Adult day care center;
12. Construction sales and services: light;
13. Convenience sales and services;
14. Eating establishments: drive-in;
15. Eating establishments: fast foods;
16. Eating establishments: sit-down;
17. Food and beverage retail sales;
18. Food and beverage retail sales: temporary or seasonal;
19. Funeral and interment services: undertaking;
20. Health clubs;
21. Medical services: restricted;
22. Medical services: general;
23. Personal services: restricted;
24. Personal services: general;
25. Repair services: consumer;
26. Research services;
27. Retail sales and services: general;
28. Spectator sports and entertainment: restricted;
29. Spectator sports and entertainment: general.

(Prior Code, app. B, § 16-67; LDC 1991, § 12-321; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 543, 2-19-1991; Ord. No. 64(93), 12-6-1993; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a C-4 Planned Shopping Center District on review:

1. Public service or utility: moderate;
2. Moderate impact institutional;
3. Cultural exhibits;
4. Library services and community centers;
5. Drinking establishments: sit-down, alcoholic beverages and low-point beer permitted;
6. Gasoline sales: light;
7. Retail sales and services: adult entertainment;
8. Retail sales and services: restricted;
9. Commercial parking;
10. Transportation facilities: passenger.

(Prior Code, app. B, § 16-67; LDC 1991, § 12-322; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 543, 2-19-1991; Ord. No. 64(93), 12-6-1993; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a C-4 Planned Shopping Center District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. No object shall be constructed that restricts the view within 15 feet of an edge of an existing or proposed street;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 20 feet; and
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. The minimum depth of the rear yard shall be 20 feet;
4. The parcel of land on which a restricted commercial activity is located shall not be less than four acres;
5. The minimum lot width shall 300 feet when measured at the front building line;
6. Not more than 25 percent of the lot may be covered by buildings or other improvements. Paved areas are not considered improvements within the meaning of these regulations;
7. No improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
8. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
9. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
10. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply; and
11. The property owner in C-4 zoning district shall be responsible for landscaping and maintaining the area within the street right-of-way line and the curbline. This area shall not be hard surfaced, other than a permitted driveway or sidewalk; it shall not be used for the location of any permanent or temporary accessory or non-accessory signs other than permitted accessory directional signs.

(Prior Code, app. B, § 16-68; LDC 1991, § 12-323; Ord. No. 296(00), 11-20-2000; Ord. No. 593(07), § 2, 6-18-2007)

The off-street parking requirements applicable to business in a C-4 district shall be a common off-street parking facility for all of the uses within the shopping center, provided that the lot contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; provided, however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than 3½ times the gross floor area of the shopping center.

(Prior Code, app. B, § 16-69; LDC 1991, § 12-324; Ord. No. 296(00), 11-20-2000)

An application for rezoning to C-4 for use for a planned shopping center shall include the following, in addition to the administrative requirements set forth in these regulations:

1. The developer shall submit the site plans of the proposed development which shall be in adequate detail to determine compliance with the provisions of this section, and which shall show the arrangement of buildings, types of shops and stores, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility and drainage easements and facilities; and the relationships of the shopping center development to adjacent areas which it may affect; and
2. Evidence that indicates, to the satisfaction of the city council and planning commission, the ability and intent of the developer to carry out the development of the shopping center in accordance with the plans submitted.

(Prior Code, app. B, § 16-70; LDC 1991, § 12-325; Ord. No. 296(00), 11-20-2000)

This district is established as a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusement and service establishments which serve the entire community but do not and should not necessarily locate in more restrictive commercial districts.

(Prior Code, app. B, § 16-71; LDC 1991, § 12-330; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-5 Automotive and Commercial Recreation District shall be used only for the following purposes:

1. Public service or utility: light;
2. Public service or utility: moderate;
3. Low impact institutional: neighborhood related;
4. Cultural exhibits;
5. Community recreation: restricted;
6. Community recreation: general;
7. Agricultural sales and services;
8. Automotive and equipment: light;
9. Building maintenance services;
10. Business support services;
11. Construction sales and services: light;
12. Construction sales and services: heavy;
13. Eating establishments: drive-in;
14. Food and beverage retail sales;
15. Gasoline sales: light;
16. Gasoline sales: general;
17. Health clubs;
18. Laundry services;
19. Participant recreation and entertainment: indoor;
20. Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted;
21. Participant recreation and entertainment: outdoor;
22. Personal services: general;
23. Personal storage;
24. Repair services: consumer;
25. Retail sales and services: restricted;
26. Retail sales and services: general;
27. Spectator sports and entertainment: restricted;
28. Spectator sports and entertainment: general;
29. Tourist accommodations: lodging;
30. Transportation facilities: passenger.

(Prior Code, app. B, § 16-72; LDC 1991, § 12-331; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 541, 12-17-1990; Ord. No. 543, 2-19-1991; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000; Ord. No. 662(09), 12-7-2009)

The following uses may be permitted in a C-5 Automotive and Commercial Recreation District on review:

1. Moderate impact institutional;
2. Library services and community centers;
3. Animal sales and services: kennels and veterinary, general;
4. Automotive and equipment: heavy;
5. Automotive and equipment: storage;
6. Automotive sales and rentals: light;
7. Automotive and equipment sales and rentals: heavy;
8. Communication services: limited tower operations;
9. Communication services: towers;
10. Drinking establishments: sit-down, alcoholic beverages and low-point beer permitted;
11. Food and beverage retail sales: temporary or seasonal;
12. Manufactured housing and travel trailers: sales and rentals;
13. Retail sales and services: adult entertainment;
14. Retail sales and services: outdoor swap meets;
15. Spectator sports and entertainment: high impact;
16. Commercial parking;
17. Personal vehicle storage;
18. Wholesaling, storage, and distribution: restricted.

(Prior Code, app. B, § 16-72; LDC 1991, § 12-332; Ord. No. 445, 4-4-1988; Ord. No. 538, 11-19-1990; Ord. No. 541, 12-17-1990; Ord. No. 543, 2-19-1991; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000; Ord. No. 662(09), 12-7-2009)

All lots and improvements within a C-5 Automotive and Commercial Recreation District shall meet the following requirements:

1. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:
   1. The minimum depth of the front yard shall be 25 feet;
   2. No object shall be constructed that restricts the view within 15 feet of an edge of an existing or proposed street;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 25 feet; and
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. The minimum depth of the rear yard shall be 20 feet;
4. The parcel of land on which a C-5 use is located shall be at least 12,000 square feet;
5. The minimum lot width shall be 100 feet when measured at the front building line;
6. Not more than 30 percent of the lot may be covered by buildings or other improvements. Paved areas are not considered improvements within the meaning of these regulations;
7. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
8. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
9. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply; and
10. A six-foot screening, by ornamental walls, fences, or evergreen plants, is required if adjacent to residential land use or residential zonings.

(Prior Code, app. B, § 16-73; LDC 1991, § 12-333; Ord. No. 296(00), 11-20-2000; Ord. No. 593(07), § 3, 6-18-2007)

1. The following uses, even though not in an enclosed building, shall be permitted in the C-5 district, provided they comply with the additional provisions of this section:
   1. Automotive sales and rentals: light;
   2. Manufactured housing and travel trailers: sales and rentals;
   3. Retail sales and services: general.
2. All open storage display of merchandise, material and equipment which are not completely assembled or which are not immediately and actively being offered for sale shall be so screened by ornamental fence or by permanent buildings so that it cannot be seen from a public street or be a person standing on ground level adjacent to the side or rear of the lot on which the open storage or display occurs, provided that such screening shall not be required to be in excess of seven feet in height.

(Prior Code, app. B, § 16-74; LDC 1991, § 12-334; Ord. No. 296(00), 11-20-2000)

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

(Prior Code, app. B, § 16-75; LDC 1991, § 12-340; Ord. No. 296(00), 11-20-2000)

Property and buildings in a C-6 Central Business District shall be used only for the following purposes:

1. Public service or utility: light;
2. Public service or utility: moderate;
3. Community recreation: restricted;
4. Community recreation: general;
5. Cultural exhibits;
6. Administrative and professional office;
7. Alcoholic beverage retail sales;
8. Animal sales and services: grooming;
9. Animal sales and services: kennels and veterinary, restricted;
10. Automotive and equipment: light;
11. Business support services;
12. Child care center;
13. Adult day care center;
14. Construction sales and services: light;
15. Convenience sales and services;
16. Eating establishments: fast foods;
17. Eating establishments: sit-down;
18. Food and beverage retail sales;
19. Funeral and interment services: undertaking;
20. Gasoline sales: light;
21. Gasoline sales: general;
22. Health clubs;
23. Laundry services;
24. Medical services: restricted;
25. Medical services: general;
26. Participant recreation and entertainment: indoor;
27. Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted;
28. Personal services: restricted;
29. Personal services: general;
30. Repair services: consumer;
31. Research services;
32. Retail sales and services: restricted
    
33. Retail sales and services: general;
34. Spectator sports and entertainment: restricted;
35. Spectator sports and entertainment: general;
36. Commercial parking;
37. Transportation facilities: passenger.

(Prior Code, app. B, § 16-76; LDC 1991, § 12-341; Ord. No. 538, 11-19-1990; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in a C-6 Central Business District on review:

1. Moderate impact institutional;
2. Library services and community centers;
3. Community recreation: restricted;
4. Agricultural supplies and services;
5. Automotive sales and rentals: light;
6. Automotive and equipment: storage;
7. Building maintenance services;
8. Communication services: limited tower operations;
9. Communication services: towers;
10. Drinking establishments: sit-down, alcoholic beverages and low-point beer permitted;
11. Eating establishments: drive-in;
12. Food and beverage retail sales: temporary or seasonal;
13. Retail sales and services: adult entertainment;
14. Tourist accommodations: lodging;
15. Personal vehicle storage;
16. Custom manufacturing;
17. Wholesaling, storage and distribution: restricted;
18. Construction sales and services: heavy.

(Prior Code, app. B, § 16-76; LDC 1991, § 12-342; Ord. No. 538, 11-19-1990; Ord. No. 68(93), 12-20-1993; Ord. No. 296(00), 11-20-2000)

All lots and improvements within a C-6 Central Business District shall meet the following requirements:

1. There are no specific yard setback requirements;
2. Side yard requirements are as follows:
   1. The minimum depth of a side yard shall be 25 feet; and
   2. A zero lot line may be used if adjacent to another commercial area with a minimum firewall of at least two hours. This requirement is subject to approval of the fire chief;
3. The minimum depth of the rear yard shall be 25 feet;
4. There are no minimum or maximum requirements or regulations on intensity of use, lot width or coverage;
5. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
6. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
7. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply;
8. No screening is required for any use in a C-6 zone;
9. All buildings and improvements in a C-6 zone must comply with the city's building and fire code requirements for fire prevention; and
10. The property owner in C-6 zoning districts shall be responsible for landscaping and maintaining the area within the street right-of-way line and the curbline. This area shall not be hard surfaced, other than a permitted driveway or sidewalk; it shall not be used for parking; and it shall not be used for the location of any permanent or temporary accessory or non-accessory signs other than permitted accessory signs.

(Prior Code, app. B, § 16-77; LDC 1991, § 12-343; Ord. No. 296(00), 11-20-2000; Ord. No. 593(07), § 4, 6-18-2007)

This district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so that noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

(Prior Code, app. B, § 16-78; LDC 1991, § 12-350; Ord. No. 296(00), 11-20-2000)

1. Property and buildings in an I-1 Light Industrial District shall be used only for the following purposes:
   1. Public service or utility: light;
   2. Public service or utility: moderate;
   3. Administrative and professional office;
   4. Agricultural supplies and services;
   5. Alcoholic beverage retail sales;
   6. Animal sales and services: grooming;
   7. Animal sales and services: kennels and veterinary, restricted;
   8. Automotive and equipment: light;
   9. Business support services;
   10. Construction sales and services: light;
   11. Convenience sales and services;
   12. Gasoline sales: light;
   13. Gasoline sales: general;
   14. Health clubs;
   15. Laundry services;
   16. Medical services: restricted;
   17. Medical services: general;
   18. Participant recreation and entertainment: indoor;
   19. Participant recreation and entertainment: indoor, alcoholic beverages and low-point beer permitted;
   20. Personal services: general;
   21. Personal storage;
   22. Repair services: consumer;
   23. Research services;
   24. Commercial parking;
   25. Custom manufacturing;
   26. Light industrial: restricted;
   27. Light industrial;
   28. Wholesaling, storage and distribution: restricted;
   29. Transportation facilities: passenger.
2. All of the uses permitted under this section shall have their primary operation conducted entirely within enclosed buildings and shall not emit any dust or smoke, or noxious odor or fumes outside of the building housing the operation, or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen plants that is at least six feet high.

(Prior Code, app. B, § 16-79; LDC 1991, § 12-351; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in an I-1 Light Industrial District on review:

1. Automotive and equipment sales and services: heavy;
2. Automotive and equipment: storage;
3. Communication services: limited tower operations;
4. Communication services: towers;
5. Food and beverage retail sales: temporary or seasonal;
6. Eating establishments: fast foods;
7. Eating establishments: sit-down;
8. Personal vehicle storage;
9. Transportation facilities: aircraft;
10. Mining and processing: oil and gas;
11. Construction sales and services: heavy.

(Prior Code, app. B, § 16-79; LDC 1991, § 12-352; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within an I-1 Light Industrial District shall meet the following requirements:

1. The minimum depth of the front yard shall be 25 feet;
2. Side yard setbacks are as follows:
   1. The minimum depth of a side yard shall be 25 feet; and
   2. A zero lot line may be used if adjacent to another industrial area with a minimum exterior wall rating of two hours. This requirement shall be subject to approval of the fire chief, or his designee. At no time shall rear access be obstructed by permanent structures;
3. The minimum depth of the rear yard shall be 25 feet;
4. There shall be no regulation on the lot width;
5. Not more than 80 percent of the lot shall be covered by improvements. Off-street parking and loading facilities are considered improvements in an I-1 Light Industrial District;
6. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
7. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
8. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply; and
9. A six-foot screening by ornamental walls, fences or evergreen plants is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-80; LDC 1991, § 12-353; Ord. No. 296(00), 11-20-2000; Ord. No. 340(01), 11-5-2001; Ord. No. 593(07), § 5, 6-18-2007)

This district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities.

(Prior Code, app. B, § 16-81; LDC 1991, § 12-360; Ord. No. 296(00), 11-20-2000)

1. Property and buildings in an I-2 Medium Industrial District shall be used only for the following purposes:
   1. Agricultural processing: limited;
   2. Public service or utility: light;
   3. Public service or utility: moderate;
   4. Agricultural supplies and services;
   5. Automotive and equipment: light;
   6. Automotive and equipment: heavy;
   7. Automotive and equipment sales and rentals: heavy;
   8. Automotive and equipment: storage;
   9. Building maintenance services;
   10. Business support services;
   11. Construction sales and services: light;
   12. Construction sales and services: heavy;
   13. Gasoline sales: general;
   14. Laundry services;
   15. Personal storage;
   16. Custom manufacturing;
   17. Light industrial: restricted;
   18. Light industrial;
   19. Moderate industrial;
   20. Wholesaling, storage and distribution: restricted;
   21. Wholesaling, storage and distribution: general;
   22. Transportation facilities: passenger;
   23. Transportation facilities: freight, restricted;
   24. Transportation facilities: freight, general.
       
2. The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes, or dust will be emitted beyond the property line of the lot on which the use is located.

(Prior Code, app. B, § 16-82; LDC 1991, § 12-361; Ord. No. 445, 4-4-1988; Ord. No. 541, 12-17-1990; Ord. No. 27(92), 6-15-1992; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in an I-2 Medium Industrial District on review:

1. Animal raising: commercial;
2. Communication services: towers;
3. Transportation facilities: aircraft;
4. Mining and processing: oil and gas.

(Prior Code, app. B, § 16-82; LDC 1991, § 12-362; Ord. No. 445, 4-4-1988; Ord. No. 541, 12-17-1990; Ord. No. 27(92), 6-15-1992; Ord. No. 296(00), 11-20-2000)

All lots and improvements within an I-2 Medium Industrial District shall meet the following requirements:

1. The minimum depth of the front yard shall be 25 feet;
2. The minimum depth of the side yard shall be 25 feet;
3. The minimum depth of the rear yard shall be 25 feet;
4. There shall be no regulation on the lot width;
5. Not more than 80 percent of the lot shall be covered by improvements. Off-street parking and loading facilities are considered improvements in an I-2 Medium Industrial District;
6. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
7. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
8. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply; and
9. A six-foot screening by ornamental walls, fences or evergreen plants is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-83; LDC 1991, § 12-363; Ord. No. 296(00), 11-20-2000; Ord. No. 593(07), § 6, 6-18-2007)

This district is intended to provide for heavy industrial uses not otherwise provided for in the districts established by these regulations. The intensity of uses permitted in this district makes it most desirable that they be located down wind and separated from commercial and residential uses.

(Prior Code, app. B, § 16-84; LDC 1991, § 12-370; Ord. No. 296(00), 11-20-2000)

Property and buildings in an I-3 Heavy Industrial District shall be used only for the following purposes:

1. Agricultural processing: limited;
2. Agricultural processing: general;
3. Animal waste processing;
4. Public service or utility: light;
5. Public service or utility: moderate;
6. Administrative and professional offices;
7. Agricultural supplies and services;
8. Animal sales and services: auctioning;
9. Automotive and equipment: heavy;
10. Automotive and equipment sales and rentals: heavy;
11. Automotive and equipment: storage;
12. Building maintenance services;
13. Business support services;
14. Communications services: limited tower operations;
15. Gasoline sales: general;
16. Laundry services;
17. Spectator sports and entertainment: high impact;
18. Custom manufacturing;
19. Light industrial: restricted;
20. Light industrial;
21. Moderate industrial;
22. Heavy industrial;
23. Wholesaling, storage and distribution: restricted;
24. Wholesaling, storage and distribution: general;
25. Transportation facilities: passenger;
26. Transportation facilities: freight, restricted;
27. Transportation facilities, freight, general.

(Prior Code, app. B, § 16-85; LDC 1991, § 12-371; Ord. No. 296(00), 11-20-2000)

The following uses may be permitted in an I-3 Heavy Industrial District only on review by the planning commission:

1. Animal raising: commercial;
2. Public service or utility: heavy;
3. Sanitary landfill;
4. Hazardous waste disposal;
5. Communications services: towers;
6. Hazardous industrial;
7. Scrap operations;
8. Transportation facilities: aircraft;
9. Mining and processing: mineral and raw materials;
10. Mining and processing: oil and gas.

(Prior Code, app. B, § 16-86; LDC 1991, § 12-372; Ord. No. 445, 4-4-1988; Ord. No. 296(00), 11-20-2000)

All lots and improvements within an I-3 Heavy Industrial District shall meet the following requirements:

1. The minimum depth of the front yard shall be 25 feet;
2. Side yard requirements are as follows:
   1. If adjacent to a residentially zoned or residentially used area, the minimum depth of the side yard shall be 100 feet; and
   2. If adjacent to any other land use, the minimum depth of the side yard shall be 25 feet;
3. Rear yard requirements are as follows:
   1. If adjacent to a residentially zoned or residentially used area, the minimum depth of the side yard shall be 100 feet; and
   2. If adjacent to any other land use, the minimum depth of the side yard shall be 25 feet;
4. There shall be no regulation on the lot width;
5. There shall be no regulation on intensity of use;
6. Not more than 80 percent of the lot shall be covered by improvements. Off-street parking and loading facilities are considered improvements in an I-3 Heavy Industrial District;
7. When abutting any residential zoning or use, no improvement or structure shall exceed 35 feet in height above the mean elevation of the lot;
8. When abutting a nonresidential zoning or use, additional height shall be permitted on a ratio of one additional foot of building setback from all property lines for each 1½ additional foot of building height, with approval of the fire marshal. All current building and municipal codes shall apply;
9. When located within the I-35 corridor as designated by the city comprehensive plan, and when not abutting residential zoning or use, there shall be no limitations on height, with approval of the fire marshal. All other applicable city codes shall apply; and
10. A six-foot screening by ornamental walls, fences or evergreen plants is required if adjacent to residential land use or residential zoning.

(Prior Code, app. B, § 16-87; LDC 1991, § 12-373; Ord. No. 296(00), 11-20-2000; Ord. No. 593(07), § 7, 6-18-2007)