Mounds City Zoning Code

The ordinance from which this chapter is derived was enacted for the purposes of promoting the health, safety, peace, morals, comfort, convenience, prosperity, order and general welfare; lessening danger and congestion of public transportation and travel; securing safety from fire and other dangers; preventing overcrowding of land; avoiding undue concentration of population; providing adequate light and air, police protection, transportation, water, sewerage, schools, parks, forest, recreational facilities, military and naval facilities, and other public requirements, and preventing undue encroachment thereon; conserving the value of buildings and encouraging the most appropriate use of land; encouraging the industrial, commercial and residential growth of the community; and promoting the development of the community in accordance with a comprehensive plan.

(Code 2001, § 17.04.020; Ord. No. 7-1988-1, § 110.1, 1988)

Where this chapter imposes a greater restriction upon the use of structures or land or upon height, dimensions and other features or bulk of structures, or requires larger open space or yards than are imposed by other ordinances, laws, or regulations, the provisions of this chapter shall not be construed to prevent the enforcement of other ordinances, laws, or regulations which prescribe more restrictive limitations.

(Code 2001, § 17.04.030; Ord. No. 7-1988-1, § 110.2, 1988)

(a)

Territorial jurisdiction. This chapter shall be in full force and effect and shall apply to all lands within the incorporated limits of the town.

(b)

Annexed territory. When any territory shall be brought into the zoning jurisdiction of the town, by annexation or otherwise, such territory shall be deemed to be in AG agriculture district. This provision shall not operate to preclude subsequent rezoning of such property by amendment in the manner set forth in division 3 of article VII of this chapter.

(c)

Property owned, leased or operated by the town or any other public or governmental body or agency shall be subject to the terms of this chapter.

(Code 2001, § 17.04.040; Ord. No. 7-1988-1, § 110.3, 1988)

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

Abutting, in the context of a screening or enclosure requirement, means contiguous or separated therefrom only by a non-arterial street. In other instances, the term "abutting" means contiguous.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Alley means a permanent public way providing a secondary means of access for service and emergency vehicles, and not intended for general traffic circulation.

All-weather material means a material capable, during ordinary use, of withstanding, without substantial deterioration, normal weather conditions.

Arterial means a street designated on the major street plan as a primary arterial or secondary arterial.

Board of adjustment means the Board of Adjustment of the Town of Mounds, Oklahoma.

Building means a structure which is permanently affixed to the land, has one or more floors and a roof, and is bounded by either another building with a common party wall, open air, or the lot lines of a lot.

Building height means the vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure, provided that height exceptions listed under section 44-248 shall apply.

Building setback means the horizontal distance, from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district, to the nearest building wall.

Care home means premises used for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes.

Cemetery means land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of occupancy means an official certificate issued by the town through the enforcing official which indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued.

Child care center means any place, home, or institution which cares for four or more children under the age of 16 years, apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "child center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building.

Cluster housing development means a residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas.

Community group home means a community-based residential facility for independent living that provides room and board, and personal care and habilitation services in a family environment as a single housekeeping unit for six to 12 residents who are mentally and/or physically limited persons, with at least one, but not more than three, resident staff persons. The term "personal care and habilitation" excludes on-site institutional type educational training, medical or nursing care.

Copy area means the net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters, and delineations contained in the sign.

Curb level means the mean level of the established curb at the frontage of a lot. Where no curb has been established, the town engineer shall establish such curb level or its equivalent for the purposes of this chapter.

Day care. See Child care center.

Detention/correctional facility means a facility for the detention, confinement, treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, pre-release center, correctional community treatment center, jail and prison.

Dwelling, duplex, means a building containing two dwelling units designed for occupancy by not more than two families. Included are all forms of manufactured duplex dwellings, but excluding mobile homes.

Dwelling, manufactured, means a structure designed and intended for human occupancy on a year-round or temporary or seasonal basis which has undergone at least partial prefabrication or preassembly under indoor factory conditions, excluding dwellings utilizing only prefabricated or preassembled sub-elements such as roof trusses, floor trusses, plumbing trees, or wiring harness. Included are the following subclasses:

(1)

Pre-cut means a manufactured dwelling involving no preassembly but all components have been cut and fabricated and then assembled on-site.

(2)

Panelized means a manufactured dwelling partially preassembled into roof, wall, floor, and ceiling components (which may range from exposed wood to having all finishing completed) which are assembled on-site and constructed to national building code standards.

(3)

Sectionalized or modular means a manufactured dwelling partially preassembled into two or more sections, none of which are habitable individually, permanently joined together and, utilizing customary residential siding and roofing materials, installed according to the manufacturer's specifications for those materials and are either:

a.

Wood frame units designed to be transported by flat-bed truck and installed on conventional permanent foundations; or

b.

Chassis/under-carriage units designed to be towed or structurally capable of being towed on wheels and installed on permanent foundations with a masonry curtain wall around the perimeter of the structure after all hitches and running gear have been removed.

(4)

Mobile home means a manufactured dwelling either:

a.

Fully preassembled into one unit or one expandable/telescoping unit and is fully habitable upon arrival at a site, except for minor and incidental installation activities and utility connections, and installed on either a temporary or permanent foundation; or

b.

A dwelling manufactured in two or more units but which fails to utilize a conventional permanent foundation or customary, residential roofing and siding materials installed according to the manufacturer's specifications for the materials, or which retains equipment related to being towed.

Dwelling, multifamily, means a building containing three or more dwelling units. Included are all forms of manufactured multifamily dwelling, but excluding mobile homes.

Dwelling, single-family, means a building, including all types of manufactured dwellings except mobile homes, containing one dwelling unit designed for occupancy by not more than one family, and certified as complying with the building code of this jurisdiction whether constructed on or off site.

Elderly/retirement housing means a residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and are distinguished from life care retirement centers as elsewhere defined.

Family means one or more persons occupying a single dwelling unit; provided that unless all members are related by blood, marriage, or other domestic bonds, no such family shall contain over three persons, but further provided that domestic servants may be housed on the premises without being designated as a family. Individuals not related by blood, marriage, or adoption occupying a single dwelling unit for on-site institutional education, training, supervision, medical care or nursing care shall not be considered a family as defined herein. Further provided a family, as defined herein, does not include a foster home or a neighborhood group home as elsewhere defined.

Floodplain means the land area adjoining a watercourse or drainway which would be inundated by the floodwater of the 100-year frequency flood, based on full urbanization of the watershed, as predicted by the town engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the town engineer.

Floodway means the channel of a watercourse or drainway and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwater of the 100-year frequency flood as predicted by the town engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the town engineer.

Floodway fringe means those portions of the floodplain which are not reasonably required to carry and discharge the floodwater of the 100-year frequency flood as predicted by the town engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the town engineer.

Floor area, gross, means the total floor space within the outside dimensions of a building including each floor level.

Floor area, net, means the area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.

Floor area ratio means the floor area of a building or buildings on a lot divided by the lot area.

Foster home means a dwelling used in whole or in part as living quarters for a household, including one or more minor children placed by a licensed child placement agency who are not members of the family occupying said dwelling but are under their supervision. Further, provided that a maximum of five children are allowed to reside in the home, including any natural children living in the home, if any children in the home are age two or younger. If no children are under two years, the maximum number of children residing in the home is six.

Frontage means the lineal measurement of a lot boundary which abuts a public street or the lineal measurement of the building setback line when the boundary of the lot abuts a curbed non-arterial street or cul-de-sac.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, heating, cooking or recreation or a combination thereof.

Halfway house means a building used in whole or in part as a treatment center and dwelling quarters for persons unrelated by blood or marriage, who are undergoing care or rehabilitation for alcoholism or other forms of drug abuse.

Height, building. See Building height.

Height, sign, means the vertical distance measured from the curb level to the highest point of the sign.

Home occupation means any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes.

Kennel means the use of land or building for the purpose of selling, breeding, boarding or training cats or dogs or both.

Land area means the area of a lot plus one-half or 30 feet, whichever is less, of the right-of-way of any abutting street of which the lot has access.

Life care retirement center means a residential facility containing dwellings designed for and principally occupied by senior citizens in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the state as an intermediate care facility or a skilled nursing center.

Livability space means the open space of a lot which is not allocated to or used for off-street parking or loading areas or for paved access to the off-street parking or loading area.

Loading berth, off-street, means a space of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot means a lot of record, said lot which is part of an addition, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed of which is recorded in the office of the county clerk.

Lot area means the total horizontal area within the lot lines of a lot.

Lot line means any boundary of a lot.

Lot line, front, means the boundary of a lot which abuts a public street. Where the lot abuts more than one street, the owner may select the front lot line.

Lot line, rear, means the boundary of a lot which is not distant from and most nearly parallel to the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the county clerk of the county in which the lot is located, or a parcel of land, the deed of which is recorded in the office of the county clerk of the county in which the parcel is located.

Lot width means the average horizontal distance between the side lot lines.

Major street plan means the town's major street plan, as adopted by the Board of Trustees of Mounds, Oklahoma.

Manufactured home mean a structure, transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. This definition shall include any structure that meets all the requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.). For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, National Fire Protection Association (NFPA) 501, American National Standards Institute (ANSI) 119.1, in effect at the time of manufacture, is required. For purposes of these provisions, a mobile home shall be considered a manufactured home. It does not include recreational vehicles.

Mini-storage means a building containing small partitioned storage spaces which are separately and individually rented or leased for the storage of personal goods or merchandise, but excluding commercial warehousing as described in Use Unit 22.

Mobile home means a manufactured home designed and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401, et seq.). For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, National Fire Protection Association (NFPA) 501, American National Standards Institute (ANSI) 119.1, in effect at the time of manufacture, is required. For purposes of these provisions, a mobile home shall be considered a manufactured home. It does not include recreational vehicles.

Nameplate means a sign, attached flush against a building, identifying the name of the building or the name of an occupant thereof.

Neighborhood group home means a home for independent living with support personnel that provides room and board, and personal care and habilitation services in a family environment as a single-housekeeping unit for not more than five residents who are mentally and/or physically limited persons with at least one, but not more than two, resident staff persons. The term "personal care and habilitation services" excludes on-site institutional type educational training, medical or nursing care.

Nursing home means a residential health care facility licensed and regulated by the state of which provides lodging, personal care and supervision for aged, chronically ill, physically infirm, or convalescent patients.

One-hundred-year frequency flood means a flood having an average frequency of occurrence once in 100 years, although the flood may occur in any year, based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and runoff characteristics in the general region of the watershed, as predicted by the town engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the town engineer.

Overspeed control means a mechanism used to limit the speed of blade rotation to below the design limits of a wind energy conversion system (WECS).

Parking duration means the length of time an individual vehicle remains in a given parking space.

Parking space, off-street, means a space on a lot intended and reserved for the parking of an automobile. Such space is to be of at least 9.5 feet in width by 19 feet in length, together with a driveway connecting the space with a street or alley and permitting safe ingress or egress of an automobile.

Planned unit development means a discretionary type of development for a tract of land under single ownership or control, based upon approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards.

Planning commission means the Town of Mounds Planning Commission.

Private club means an organization composed of people who voluntarily meet on a regular basis for a mutual purpose, including, but not limited to, social, literary, political, educational, religious, charitable, or financial pursuits.

Recreational vehicle means a vehicular structure, portable or self-propelled, designed as a temporary dwelling for travel use or recreational use not exceeding 35 feet in length.

Residential treatment center means a community-based residential facility providing diagnostic or therapeutic services and long-term room and board in a highly structured environment for its residents for alcoholism and drug abuse, mental illness or behavioral disorders.

Rooming and boarding house means a facility wherein congregate meals and lodging are provided for its residents exclusive of a supervised living or residential care facility as elsewhere defined, and exclusive of a hotel or motel.

Setback means a horizontal distance determining the location of a building with respect to a street, use district boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area," the setback shall in its application include, but not be limited to, buildings.

Shelter, emergency and protective, means a residential facility which provides room and board for a temporary (30 days or less) period, protection, counseling, and pre-placement screening for abused, displaced, or transient children or adults.

Sign means any fabricated display structure including its support, consisting of any letter, figure, character, mark, poster pointer, marquee advertisement, design, picture, stripe, trademark, reading matter, or illuminating device, constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise and displayed in any manner for recognized advertising purposes.

Sign, business, means a sign which directs attention to a business, commodity, service, or entertainment conducted on the premises.

Sign, canopy, means a sign wholly supported by a canopy projecting from a building or an extended roof or pitched roof and which does not extend above the mean height level of the roof of the building.

Sign, construction, means a temporary sign erected during the period of construction advertising the construction of improvements on the property.

Sign, ground, means a sign which is attached to or is a part of a self-supporting structure, other than a building or portion of a building.

Sign, outdoor advertising, means a sign which directs attention to a business, commodity, service, or entertainment, sold or offered elsewhere than the premises and only incidentally on the premises, if at all.

Sign, portable, means a sign which is not permanently affixed to the ground or a building.

Sign, projecting, means a sign affixed to a building and which extends horizontally more than 12 inches from the sign supporting portion of the building.

Sign, real estate, means a temporary sign advertising the sale, rental, or lease of the premises.

Sign, roof, means a sign which is affixed to a roof, extended roof, pitched roof or canopy and which extends above the mean height of the roof.

Sign, wall, means a sign affixed to a building wall which does not project horizontally more than 12 inches from the wall nor extend above the height of the wall.

Special exception means a use or a design element of a use which is not permitted by right in a particular district because of potential adverse effects, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment where specifically authorized by this chapter and in accordance with the substantive and procedural standards of this chapter.

Street wall means the wall or part of the building nearest to the street line.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs.

Supplemental district means a zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development or flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed.

Top plate means the horizontal timber directly carrying the trusses of a roof or the rafters.

Transitional living center means a community-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, mental illness, alcoholism or drug abuse.

Variance means a relaxation of a restriction of this chapter, granted by the board of adjustment, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of the restriction would result in unnecessary hardship.

Veterinarian clinic means a building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building, but excluding outside animal runs or boarding services.

Wind energy conversion system (WECS), including wind turbine, wind generator, windmill, and wind machine means a machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy. The WECS includes all parts of a system except the tower and the transmission equipment.

Yard means an open unoccupied space on a lot between a building and a lot line.

Yard, front, means a yard extending along the full length of the front lot lines between the side lot lines.

Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines.

Yard, required, means the minimum permitted distance of open unoccupied space between a building and a lot line.

Yard, side, means a yard extending along a side lot line between the front yard and the rear yard.

(Code 2001, § 17.04.050; Ord. No. 7-1988-1, § 1400, 1988)