A.

These regulations, Sections 90-01-01 through 90-22-16 are adopted, in accordance with the grant of authority to the City of Muskogee, by the Charter of the City of Muskogee. These powers are exercised there under pursuant to the Oklahoma Constitution, and not under state law, except in matters of statewide concern or when a contrary intention is clear; these regulations are a part of the general plan for the City and shall be known as the Zoning Regulations and may be cited as such.

B.

All rights, claims, actions, orders, contracts, policies, procedures and legal or administrative proceedings pre-existing shall continue in full force and effect except as modified pursuant to these Zoning Regulations.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The purpose of the requirements contained herein is to promote the public health, safety, peace, morals, comfort, convenience, prosperity, order and general welfare of the citizens of the City, to lessen danger and congestion of public transportation and travel, to secure safety from fire and other dangers, to avoid undue concentration and overcrowding of land; to provide for public requirements and prevent undue encroachment thereon; and to aid in securing the intent of the general plan.

B.

These regulations classify and regulate the use of land, buildings and structures within the City as hereinafter set forth. These regulations divide the City into districts and regulate therein the use and design of the land and the use, design and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The location and boundaries of the districts as herein established are shown upon the official zoning map, as may be amended from time to time.

B.

Where uncertainty exists with respect to the boundaries of any districts mentioned in this code as shown on the zoning map, the following shall apply:

1.

Where district boundaries are indicated to approximately follow the centerline of streets or highways, or street or highway right-of-way lines, such centerlines or right-of-way lines shall be construed to be such boundaries;

2.

Where district boundaries are indicated to approximately follow the lot lines, such lot lines shall be construed to be such boundaries;

3.

Where district boundaries are so indicated that they are approximately parallel to the centerline of a street or highway, or street or highway right-of-way line, such district boundary shall be construed to be parallel thereto and at such distance there from as indicated on the zoning map. If no specific distance is shown, such distance shall be determined by the use of the scale as shown on the zoning map on file in the Planning Department.

4.

In unsubdivided property, the district boundaries not indicated by a specific distance shall be determined by the use of the scale as shown on the zoning map; and

5.

In such cases where a district boundary line divides a property into two parts, each part shall be construed as a separately zoned district without regard to the property line, and no use permitted by one district shall be allowed in the other solely by the fact that the property encompasses two districts.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Whenever any street, alley, easement or other public way is vacated by official action of the City Council, the district classification of the property to which the portion of the vacated land reverts shall become the classification of the vacated land.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Every building hereafter erected or structurally altered shall be located on a lot as defined herein and in no case shall there be more than one main building on one lot with A, R-1, R-2, R-3. C-1 Districts.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

When a lot of record, recorded prior to the passage of these Zoning Regulations in the office of the County Clerk of Muskogee County, has less area than herein required, may be used for a single-family dwelling site, provided all other requirements of the district in which the lot is located are met.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The official zoning fee for zoning petitions shall be set by the council by resolution and set forth in Appendix "A". The official zoning fee will be posted at all times in the Planning Department.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)