The purpose of this Section is to address the regulation of those other site improvements on a lot other than the Regulations for the principal building. This includes site design standards, accessory structures and uses, and permitted encroachments.

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

A.

Number of Buildings on a Lot. In the R-A, R-1, R-2, R-3, and R-5 zoning districts there shall be no more than one (1) principal building per lot, unless otherwise provided within the Zoning Regulations. In all other districts, more than one (1) building may be erected on a single lot, provided that each building shall comply with all bulk and yard requirements of a district as though it were a principal building on an individual lot.

B.

All Activities within an Enclosed Structure. Within all districts, all activities shall be conducted entirely within an enclosed structure, with the exception of the following activities and uses:

1.

Off-street parking and loading, in accordance with Article 14 (Off-Street Parking).

2.

Outdoor businesses, and those businesses with a required outdoor component, including, but not limited to, outdoor entertainment, outdoor recreation, outdoor storage yards, contractor storage yards, restaurants with outdoor dining, car washes, kennels/pet "day care" services and similar businesses. However, these businesses may be limited or the outdoor components prohibited as a condition of a special use, where special use approval is applicable.

3.

Temporary uses, in accordance with Article 90-12-06 (Temporary Uses).

C.

Frontage on a Public or Private Street. All lots shall front on a public or private street. Lot width shall be calculated as the distance between side lot lines measured at the required front yard setback on a line parallel to the front lot line.

D.

Required Yards. No lot shall be reduced in area so that the yards are less than required by this Ordinance. The required yards for a lot shall not be considered a yard for any other lot. All yards allocated to a building shall be located on the same lot as such building.

E.

Applicability of Bulk Requirements. All structures erected after the effective date of this Ordinance shall meet the requirements for the zoning district in which the structure is located. No existing structure shall be enlarged, altered, reconstructed or relocated in such a manner that conflicts with the requirements of the zoning district in which the structure is located.

F.

Applicability of Use Restrictions. No structure or land shall be used for any use other than one allowed as either a permitted or special use in the zoning district in which such structure or land is located. Structures or land may also be used for a temporary use or accessory use, in accordance with the requirements of Article 90-12-06 (Temporary Uses) and Article 90-12-04 (Accessory Structures and Uses).

G.

Corner Visual Clearance. At all intersections, at a point of twenty (20) feet in any direction from the point of intersection of the street right-of-way, no sign, wall, fence, hedge, shrub or other object may exceed a height of three (3) feet above the established street grade.

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

Lighting on a given site shall adhere to the following standards. City staff and officials may request submittal of a formal lighting plan at their discretion, the content of which shall be determined at the time that such a request is made.

A.

Light Trespass and Distraction. Lighting shall be provided in such a way as to not interfere with roadway traffic or spill over on adjacent properties.

1.

Specifically, the following types of light trespass are prohibited:

a.

Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

b.

Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.

B.

Unshielded Lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved sale of seasonal goods, carnivals, fairs or other similar activities are held and only when such activities are taking place.

C.

Light Pole and Building-Mounted Lighting Heights. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, shall be as specified below. These standards do not apply to public right-of-way lighting. Permitted light pole heights shall be as follows:

1.

Non-Residential Districts

a.

Lights poles and building-mounted fixtures shall be designed with fully shielded luminaires. Such poles or mounts shall not exceed thirty (30) feet in height.

b.

Light poles for outdoor recreational facilities shall not exceed sixty (60) feet in height. If light poles that exceed sixty (60) feet are necessary, such light poles are subject to special use approval.

2.

Residential Districts

a.

Light poles shall not exceed twelve (12) feet in height.

b.

Lighting mounted on a dwelling shall not be mounted higher than fifteen (15) feet above grade.

D.

Automatic Teller Machine Lighting. The operator, owner, or other person responsible for the automated teller machine shall provide lighting during the hours of darkness with respect to an open and operating automated teller machine and any defined parking area, access area, and the exterior of an enclosed automated teller machine installation.

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

All accessory structures and uses shall be subject to the requirements of this Section and the requirements of Article 90-12-05 (Permitted Encroachments).

A.

General Regulations.

1.

All accessory structures and related uses shall be subject to the following regulations, in addition to any other regulations within this Article and this Zoning Ordinance.

2.

An accessory use may not be established prior to the establishment of the principal use to which it is an accessory.

3.

The building height of any detached accessory structure shall not exceed eighteen (18) feet or the height of the principal building, whichever is less, unless located in the A-1 district or accessory structure height is otherwise permitted or limited by this Ordinance.

4.

No accessory structures may be located in a front yard or corner side yard setback.

5.

An accessory structure may not occupy more than 40% of the rear yard.

6.

Detached accessory structures (including overhangs) shall be located a minimum of ten (10) feet, or the minimum distance required by the City Building Codes, from the principal structure or another accessory structure.

7.

All accessory structures must be located a minimum of three (3) feet from any rear lot line and three (3) feet from an interior side lot line, unless otherwise permitted by this Ordinance.

8.

Accessory structures shall not be located within a public or private easement.

9.

On a reversed corner lot in a residential district, no detached accessory structure shall be closer to the side lot line abutting the street than the required front yard on the adjacent property to the rear. In addition, for such lots, all accessory structures shall be located no closer to the rear lot line than the minimum side yard of the adjacent residential property.

10.

If located partially or completely between the side lot line and the principal structure on the lot, a detached accessory structure shall meet the minimum side yard requirements established for the principal structure.

B.

Donation Boxes.

1.

Donation boxes are permitted for non-residential uses.

2.

Only one (1) donation box is permitted per zoning lot. The donation box must be accessory to and owned by the principal use on the site.

3.

No donation box may be located in the front yard. Donation boxes may be located in the corner side, interior side or rear yard but must be three (3) feet from any property line. No donation box may be located within a required parking space.

4.

The area surrounding the donation box must be kept free of any junk, debris or other material.

5.

Donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti.

6.

Donation boxes shall be locked or otherwise secured.

7.

Donation boxes shall contain the following contact information on the front of each donation box: the name, address, email, and phone number of the operator.

8.

Donation boxes shall be serviced and emptied as needed, but at least every thirty (30) days.

9.

Donation boxes shall not exceed five (5) feet in height and sixty (60) cubic feet.

C.

Fences, General Requirements.

1.

All fences shall be measured from existing grade, unless otherwise specified.

2.

Fences for utilities and public recreational uses in any district shall be subject to the regulations in 90-12-04.C.5.

3.

For the purposes of this section, masonry walls shall be considered solid fences.

4.

Fence Construction and Design Requirements:

a.

All fence posts shall be placed on the inside of the fence.

b.

A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.

c.

Fences shall only be constructed of the following materials:

(i)

Treated wood, cedar or redwood

(ii)

Simulated wood

(iii)

Decorative brick or stone

(iv)

Wrought-iron or aluminum designed to simulate wrought-iron

(v)

Galvanized or coated chain link, brown, black or green in color (permitted in rear and interior side yard only)

(vi)

Vinyl

(vii)

Barbed wire

(A)

In the I-1, I-2, and P Districts, barbed wire may only be used when installed atop a fence or wall having a height above grade of at least eight (8) feet.

(B)

In the A-1 District, barbed wire may only be used in connection with animal husbandry activities.

(C)

In the R-A District, barbed wire may only be installed upon specific approval by the Zoning Board of Adjustment.

(D)

When barbed wire is installed atop a fence or wall, the height of that fence or wall shall be determined as the distance between grade and the uppermost strand of barbed wire.

(E)

Installation of barbed wire must meet the following standards:

(1)

Barbed wire shall not be located within seven (7) feet of any property zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, CBD or PUD District.

(2)

The barbed wire shall have barbs spaced no closer than at three-inch (3") intervals.

(3)

The barbed wire fence or wall shall have not more than four (4) strands, except for barbed wire fencing used for animal husbandry activities.

(4)

In all zoning districts, quasi-public buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulator stations, water storage facilities, or similar uses, fences may have one foot of barbed wire atop a fence having a minimum height of 8 feet above grade, with barbs tipped inward or outward.

(viii)

Electric Fence

(A)

In the A Districts, electric fences may be use for animal husbandry activities.

(B)

In the R-A District, electric fences may only be installed upon specific approval by the Zoning Board of Adjustment on lots containing five (5) or more acres and used only for animal husbandry activities.

5.

Fences in Residential Districts

a.

Fences or walls, to a maximum height of eight (8) feet, are permitted along the lot (property) line, except as follows:

(i)

No fence greater than four (4) feet in height shall be permitted in a front yard, or reversed corner side yard, or rear yard setback of a double-fronted lot.

(ii)

No opaque fence or wall may be located in a front yard, or reversed corner side yard, or rear yard setback of a double-fronted lot. An opaque fence shall be defined as a fence that blocks or otherwise prevents the passage of light through fifty percent (50%) or more of its surface area.

(iii)

When a residential lot abuts a commercial or industrial zoning district, the residential lot owner is permitted to erect a fence of up to eight (8) feet in height along the rear or interior side lot lines that abut such districts.

(iv)

In all zoning districts, public or quasi-public buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulator stations, water storage facilities and similar uses may be surrounded by a fence having a height above grade not more than twelve (12) feet.

b.

All fences and walls shall comply with the provisions regarding corner visual clearance as described in Subsection 90-12-02.G (Corner Visual Clearance).

6.

Fences in Non-Residential Districts

a.

Fences and walls are permitted along the property lines.

b.

Fences in non-residential districts may be erected to a height of eight (8) feet.

c.

In the C-1, C-2, or C-3 Districts, no fence greater than three (3') in height shall be permitted within the front or corner side yard setback.

7.

Fences for Utilities and Public Recreational Uses

a.

Whenever the lot line of a utility or public recreational use abuts a residential district, or whenever a utility use fronts on a public right-of-way, the use shall be fenced. In addition to the fencing, shrubs a minimum of five (5) feet in height shall be planted along the fence.

b.

Utility uses shall be fenced. Barbed wire, razor wire or fences of similar material shall be permitted only on a lot used for a utility facility. All barbed wire, razor wire or similar material shall be placed no less than eight (8) feet above finished grade and shall extend inward toward the interior of the lot. Such fences shall be a maximum height of twelve (12) feet. Such fences may be located in any yard and are not required to be an open type fence.

c.

Public recreation areas may be enclosed along their boundaries (i.e., all yards) with an open type fence to a height not to exceed eight (8) feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.

8.

Fences Installed in Utility or Drainage Easements. Fences may be installed or constructed across or upon certain utility or drainage easements located on the owner's property provided that the following conditions are met:

a.

No fence shall be installed or constructed across or upon any access easement.

b.

No drainage easement, stormwater management easement, drainage swale, overland flow path, or storm inlet (individually and collectively referred to in this chapter as "drainage easement") shall be altered or in any way impeded by such fence. A minimum clearance of three (3) inches from the bottom of the fence to the ground shall be maintained at all times on fences installed or constructed within the drainage easement.

c.

Prior to digging postholes within the utility or drainage easement, the property owner or contractor shall notify Oklahoma One-Call System, Inc (Okie) of the proposed work and obtain from Okie all information relating to the location and depth of all underground pipes, conduits, wires and other apparatus within the utility or drainage easement.

d.

All owners of the property on which the fence is installed or constructed and contractors performing work thereon shall be jointly and severally responsible for any damage to any pipes, conduits, wires and other apparatus within the utility or drainage easement.

e.

It is the property owner's obligation to promptly remove the fence or such portion of the fence as may be necessary upon notice from the City or public utility company in order for the City or public utility company to install, repair, remove, replace, maintain or do other work on such pipes, conduits, wires or other apparatus within the utility or drainage easement. If the property owner fails to do so in a timely manner or if there is an emergency as determined by the City or public utility company, the City or public utility company may remove the fence or such portion of the fence as may be necessary to do work within the utility or drainage easement.

f.

The City or public utility company and their contractors, employees and agents shall have no liability for the removal or damage to such fence in the course of performing any work on such pipes, conduits, wires or other apparatus within the utility or drainage easement and the property owner shall be responsible, at his/her cost, for the repair or reinstallation of any portion of the fence damaged or removed.

9.

Nonconforming Fences. Any fence that is nonconforming, must be brought into conformance when repaired, reconstructed or expanded.

D.

Garages, Attached and Detached. The following design standards apply to all residential garages. Attached garages shall not be considered accessory structures, but shall be subject to the regulations of this section for attached garages.

1.

Attached Garages. Attached garages and all other attached accessory structures constructed after the date of adoption of this Ordinance shall be consistent with the architecture and design of the principal building. Consistency of design shall include use of the same palette of materials as the principal building, roofing, trim and colors.

2.

Detached Garages and Detached Accessory Structures.

a.

A detached garage or accessor y structure shall not exceed a maximum height of one and a half stories, or eighteen (18) feet as measured from the garage floor to the peak of a pitched roof, whichever is lower.

b.

The square footage of any individual detached structure shall not exceed forty (40) percent, of the square footage, of the principle structure located on the property.

c.

The total of all detached structures shall not occupy more than forty (40) percent of the rear yard.

d.

Detached structures shall not to be located in the front yard setback.

e.

Detached structures shall be located a minimum of three (3) feet from any rear lot line or interior side lot line and shall not be located within the corner side yard setback.

f.

If located partially or completely between the side lot line and the principal structure on the lot, a detached garage shall meet the minimum side yard setback requirements established for the principal structure.

g.

Detached structures shall be located a minimum of ten (10) feet from the principal structure on a lot. The distance shall be measured from the walls of the structure.

h.

Detached structures shall have a hip or gable roof with a minimum 3:12 pitch and a minimum one (1) foot overhang finished with soffit material.

i.

In addition to the requirements of this Section, detached garages and all other detached accessory structures, larger than one hundred twenty (120) square feet, constructed with an exterior metal finish, and built after the adoption of this Section shall comply with the following design standards. Detached garages or detached accessory structure located within the A, R-A, or R-5 Districts or carports that are open on three (3) or more sides located within any Residential District shall be exempt from this requirement.

(i)

Side walls shall not exceed a height of ten (10) feet measured from grade to the top of the wall; and

(ii)

The maximum overhead door height shall not exceed nine (9) feet measured form grade to the top of the door opening; and

(iii)

Roof panels, wall panels and trim items shall have a Kynar or siliconized modified polyester (SMP) coating and a minimum thickness of twenty-six (26) gauge or a Class 4 rating.

E.

Accessory Dwelling Units (Granny Flats)

1.

Definition. An Accessory Dwelling Unit is defined as a self-contained housing unit incorporated within a single-family dwelling or within an accessory structure to a single-family dwelling unit, being the primary residence, and complies with each of the criteria stated below. The intent of permitting accessory dwelling units is to:

a.

Provide older homeowners with a means of obtaining companionship, security, and services from family, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;

b.

Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;

c.

Provide housing units for persons with disabilities;

d.

Protect stability, property values, and the residential character of a neighborhood.

2.

Procedural Requirements.

a.

Accessory dwelling units can only be occupied by members of the principal homeowners' extended family and not as rental property.

b.

Approved accessory dwelling units which no longer complies the criteria and requirements in this section and in Subsection 90-12-04.E.1. shall be discontinued or obtain approval through the Board of Adjustment.

c.

Accessory dwelling units incorporated within a single family dwelling are permitted As-of-Right within the A, R-A and R-1 zoning districts and are otherwise prohibited in all other zoning districts.

d.

Accessory dwelling units are only allowed as an accessory use in the A, R-A and R-1 zoning districts through special permit and are otherwise prohibited in all other zoning districts.

3.

Use and Dimensional Regulations.

a.

The Building Inspections Department may issue a Building Permit authorizing the installation and use of an accessory dwelling unit within an existing or new owner-occupied, single-family dwelling or a Special Permit authorizing the installation and use of an accessory dwelling unit in a detached structure on a single-family home lot only when the following conditions are met:

(i)

The unit will be a complete, separate housekeeping unit containing both kitchen and bath.

(ii)

Only one accessory dwelling unit may be created within a single-family house or house lot.

(iii)

The owner(s) of the residence or residential lot in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences.

(iv)

The gross floor area of an accessory unit shall not occupy more than 900 square feet and or, if located in an accessory structure, 40% of the rear yard or, whichever is less.

(v)

The combined square footage of an accessory dwelling unit, primary residence and all other structures located on the property shall not cover more than thirty-five (35) percent of the lot.

(vi)

Any new separate outside entrance serving a detached accessory dwelling unit shall face the interior of the lot.

(vii)

[Reserved.]

(viii)

The accessory structure in which an accessory dwelling unit is located shall not exceed a maximum building height of one and a half stories, or eighteen (18) feet.

(ix)

An accessory dwelling unit shall not have a footprint larger than that of the principal residence to which it is accessory.

(x)

Once an accessory dwelling unit has been added to a single-family lot, the accessory dwelling unit shall never be enlarged beyond the 40% of the rear yard or 900 square feet, whichever is less, or exceed the maximum lot coverage allowed by this ordinance.

(xi)

The structure in which an accessory dwelling unit is located constructed after the date of adoption of this Ordinance shall be consistent with the architecture and design of the principal building. Consistency of design shall include use of the same palette of materials as the principal building, roofing, roof pitch, trim and colors.

(xii)

An accessory dwelling unit may not be occupied by more than two (2) people, nor have more than one bedroom.

(xiii)

The construction of any accessory dwelling unit must be in conformity with the City Building Codes and all other applicable State and local regulations.

(xiv)

One additional off-street parking space, beyond that which is required for the principal structure as provided in Article 90-14 (Off-Street Parking), shall be available for use by the owner-occupant(s) and tenants.

b.

To encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Zoning Board of Adjustment may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.

c.

When a structure, which has received a permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Permit, must, within thirty (30) days of the sale, submit a notarized letter to the Building Official stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences.

d.

Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences.

e.

Prior to issuance of a permit, a floor plan must be submitted showing the proposed interior and exterior changes to any previously existing accessory structure or primary structure that is being converted for use as an accessory dwelling unit.

F.

Home Occupations. A "Home occupation" is defined as any business, occupation or activity conducted for gain within a single-family dwelling, or an accessory building thereto, which is incidental or secondary to the use of such building for dwelling purposes and which does not change the essential residential character of the building. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities.

1.

The home occupation shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the use of the dwelling for residential purposes.

2.

No more than thirty percent (30%) or six hundred (600) square feet of the residential dwelling, including any garage or accessory building, whichever is less, shall be used to conduct the home occupation.

3.

A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling.

4.

No person who is not a member of the family and residing on the premises shall be employed in the home occupation activity on the premises.

5.

All home occupations shall be conducted entirely within an enclosed building. No materials or equipment associated with the home occupation shall be stored outside the building.

6.

No sign other than a name plate not more than two (2) square feet in area, attached to the dwelling, shall be allowed. No display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling shall be allowed.

7.

The conduct of any home occupation shall not eliminate the kitchen, living room, bathrooms, or all of the bedrooms of the dwelling.

8.

The receipt, sale or shipment of deliveries shall not be made more than once a week and the deliveries shall not restrict traffic circulation within the neighborhood.

9.

There shall be no display, activity or environmental manifestation that will indicate from the exterior of the residential dwelling in which a home occupation is being conducted that such residential dwelling is being used in whole or in part for anything other than residential purposes. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than usually experienced in an average residential occupancy within a residentially zoned district under normal circumstances where no home occupation exists.

10.

Home occupations shall not generate refuse exceeding amounts typically produced by an average residential occupancy within a residentially zoned district under normal circumstances where no home occupation exists.

11.

No alteration of any kind shall be made to the residential dwelling where a home occupation is conducted that would change its residential character, including, but not limited to, the enlargement of public utility services, cooking facilities, or driveway or parkway areas beyond the capacities customarily required for residential use.

12.

The home occupation shall not involve the use of commercial vehicles other than one vehicle not to exceed three-quarter ton owned by the resident of the dwelling, which shall be parked in an adequate off-street parking area.

13.

The following businesses, occupations or activities are specifically prohibited home occupations:

a.

Motor vehicle and accessory sales or rental, repair and/or painting and detailing, including trailer rental or sales.

b.

Medical or dental clinics.

c.

Restaurants.

d.

Kennels (as defined under Article 90-18 of this Zoning Ordinance) and veterinary clinic.

e.

Funeral homes.

f.

Nursery schools, but not day care homes with seven (7) or fewer children.

g.

Repair shops or service establishments, except the repairs of electrical appliances, cameras, lawnmowers, or other similar small items.

h.

Beauty shops and barber shops, except when customer visits are by appointment only and are limited to no more than two customers at any given time. Beauty and barber shops allowed under these provisions shall be registered with the appropriate licensing and inspection authorities.

14.

On the premises, retail sales shall be prohibited except for sales of products or goods produced or fabricated, or plants grown on the premises as a result of the home occupation, or for incidental retail sales made in connection with a home occupation. All sales shall occur within an enclosed building.

G.

Mechanical Equipment

1.

In all districts, all ground-based mechanical equipment including, but not limited to, electrical generators, heating, ventilating and air-conditioning (HVAC) units, may be located in the interior side or rear yard. Ground-based mechanical equipment is prohibited in the front yard.

2.

In all commercial districts, all approved ground-based mechanical, including, but not limited to, HVAC units, shall be completely screened when visible from the adjoining lot, or public right-of-ways, excluding alleys. Screening materials may be masonry, wood, landscaping or other opaque material, and shall effectively screen mechanical equipment so no portion is visible from a street or adjoining lot. Color and texture of a masonry screen wall shall be compatible with the color and texture of the principal building on the site.

3.

Any HVAC units located on the roof of any structure in any zoning district, that can be seen from a public or private street, shall be screened either by an architectural element of the roof and at least six (6) feet from any supporting wall of the building to permit safe access to the roof.

H.

Outdoor Storage of Vehicles and Equipment

1.

Outdoor storage must meet the following standards:

a.

All manufacturing, assembly, repair or work activity shall take place inside an enclosed building. No work shall take place outdoors.

b.

No required parking area shall be used as an outdoor storage.

c.

The lot shall be paved with asphalt, concrete or an equivalent surfacing meeting the established standards of the Public Works Department.

(i)

Any outdoor storage area shall be paved as provided above or overlaid with a dust-free surface such as decomposed granite, or a suitable substitute approved by the Public Works Department.

(ii)

All such areas shall be graded and drained so as to dispose of all surface water in a manner consistent with water quality control standards enforced by the Public Works Department.

(iii)

All such areas shall be maintained in good repair, in a clean, neat and orderly condition.

d.

All such areas shall have a landscaped area not less than 10 feet in depth, maintained along the street side of the lot.

e.

All outdoor storage must comply with the screening requirements of Article 90-15 (Landscaping and Screening). In the C-1, C-2, or C-3 District, no materials stored or displayed outdoors shall be of a greater height than that of the required screening.

f.

Additional accessory outdoor storage for principal uses may be approved as a special use.

I.

Outdoor Vehicular Display.

1.

Outdoor displays for new and used vehicle sales shall be allowed only as follows:

a.

Only automobiles, of the type permitted on the public streets shall be allowed.

b.

The vehicles shall be displayed at ground level if located within the front or corner side yard setback.

c.

Outdoor vehicle displays shall be reasonably limited in number, attractively arranged, and the displayed vehicles shall not be placed to appear crowded.

d.

No vehicle shall be allowed to be displayed within the right-of-way.

2.

Outdoor vehicular displays must meet the following standards:

a.

The vehicular display lot shall be paved with asphalt, concrete, or an equivalent surfacing meeting the established standards of the Public Works Department.

b.

Outdoor vehicular display areas must comply with parking lot screening requirements established in Article 90-15 (Landscaping and Screening).

J.

Porches.

1.

Unenclosed porches or stoops may encroach six (6) feet into any required front or corner side setback.

2.

Enclosed porches must meet all minimum yard setback requirements.

K.

Satellite Dish Antennas.

1.

General Requirements.

a.

Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.

b.

Subject to the service provider requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.

c.

Cables and lines serving ground-mounted satellite dish antennas shall be located underground.

d.

Compliance with all federal, state and local regulations shall be required in the construction, installation and operation of satellite dish antennas.

e.

All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed.

2.

Small Satellite Dish Antennas (One Meter or Less in Diameter). Small satellite dish antennas, which are one (1) meter or less in diameter, shall be subject to the general requirements of Paragraph 1 above. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

3.

Large Satellite Dish Antennas (One Meter or More in Diameter).

a.

Large satellite dish antennas shall not be allowed within any residential district.

b.

Non-Residential Districts.

(i)

A large satellite dish antenna are permitted only in the rear yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than ten (10) feet from any lot line.

(ii)

Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, and shall be screened by an architectural feature. The visible portion of the dish shall not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen.

(iii)

Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming or landscaping to accomplish the following:

(A)

All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.

(B)

Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

L.

Sheds and Private Greenhouses

1.

Sheds and private greenhouses are permitted only in the rear yard. Sheds and private greenhouses shall be located a minimum of three (3) feet from any rear or interior side lot line and shall not be located within the corner side yard setback.

2.

The maximum height of any shed or private greenhouse shall be eighteen (18) feet.

3.

Sheds and private greenhouses shall be located a minimum of ten (10) feet from the principal structure on a lot. The distance shall be measured from the walls of the structures.

M.

Solar Energy Collectors. A solar energy collector and heat storage unit of size needed to supply the building to which it is appurtenant shall be considered an accessory use and be so regulated. Solar energy collectors shall be mounted so that they cannot be seen from adjacent residential uses or the public right-of-way, except that they may be visible from an alley.

1.

Building-Mounted Solar Energy Collectors.

a.

A Building-Mounted Solar Energy Collector may have a maximum height of ten feet (10') as measured from the roof surface on which the system is mounted to the highest edge of the system provided, however, that the system does not extend above the peak roof height or façade height.

2.

Ground-Mounted Solar Energy Collectors.

a.

The maximum height of a Ground-Mounted Solar Energy Collector shall be six feet (6') as measured from the average grade at the base of the system to the highest edge of the system and screened so it is not visible from a public right-of-way or adjacent properties.

b.

All parts of any Ground-Mounted Solar Energy Collectors shall be set back at least five feet (5') from interior side and rear property lines.

3.

Removal. If the Solor Energy Collector(s) remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed discontinued and shall constitute a public nuisance. The owner/operator shall remove the abandoned system at their expense. Removal includes the entire system and mounting hardware, including panels, equipment, and fencing from the property.

N.

Swimming Pools. Private swimming pools shall be located in rear yards subject to compliance with City Building Codes and all other applicable State and local regulations.

a.

Swimming pools shall be setback a minimum of ten (10) feet from the interior side and rear lot lines and shall not be located within the corner side yard setback.

b.

All permanent swimming pools shall be screened with a six (6) foot sight proof fence. Permanent swimming pool means a pool that remains on the property for more than ninety (90) days.

c.

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

O.

Wind Energy Conversion Systems (WECS)

1.

Authorization of Use

a.

WECS shall be permitted as accessory structures in all commercial and industrial districts in accordance with the requirements of this Ordinance and subject to approval by the Building Official, and Planning Director or their designees.

b.

WECS may be authorized as a special use in any residential district in accordance with the procedures established in Article 90-02-05 (Special Exceptions) of this Zoning Ordinance.

2.

Height

a.

WECS

(i)

The total height of a WECS shall not exceed ten feet (10') above the maximum permitted height of the zoning district, which it is located.

(ii)

In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground shall be twenty-five feet (25').

(iii)

Any WECS that exceeds the height limitations defined in this Section shall be required to obtain approval of a zoning variance in accordance with Article 90-02-06, (Variances) of this Zoning Code.

b.

Location

(i)

Roof-Mounted WECS:

(A)

Roof-Mounted WECS shall be affixed to the roof deck of a flat roof or to the rear facing slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.

(B)

Such systems must be set back a minimum of five feet (5') from the edge or eave of the roof.

(ii)

Ground-Mounted WECS:

(A)

Ground-Mounted WECS, including all appurtenances and anchoring equipment, shall not be located within any setback or in any utility, water, sewer, drainage or other type of public easement.

(B)

Ground-Mounted WECS shall be set back a distance equal to 1.1 times the total system height, from the base to all property lines, third party transmission lines, Ground-Mounted WECS, overhead electric distribution systems and communication towers.

3.

Design. All WECS shall be constructed of a monopole or other freestanding design without the use of guy- wires or supporting cables.

4.

Noise. Sound levels for any WECS shall not exceed seventy-five (75) decibels at any point on the property line of the lot in which the WECS is located. The city may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of the wind energy system, in accordance with the Performance Standards, as measured from the ground level at the nearest property line.

5.

Color. WECS shall be monochromatic in color, finished with a neutral and non-reflective coating, such as white or light grey. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.

6.

Unauthorized Access. Ground-Mounted WECS and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve feet (12') above grade.

7.

Removal. If the WECS remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed discontinued and shall constitute a public nuisance. The owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, including foundations, transmission equipment, and fencing from the property. Nonfunctioning or lack of operation may be proven by reports from the interconnected utility. If removal of towers and appurtenant facilities is required, the Building Official shall notify the owner/operator. Each WECS shall have a Decommissioning Plan outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use.

8.

Submittal Requirements.

a.

Application. An applicant for a WECS permit shall submit at least three (3) full copies of a site plan, prepared by a professional engineer licensed to practice in the State of Oklahoma. The professional engineer shall certify, in writing, that the site plan meets all of the requirements of the City of Muskogee Code of Ordinances. Site plan requirements shall include:

(i)

A site plan drawn to scale no greater than 1 inch equals 50 feet, based on a certified instrument survey by a surveyor licensed in the State of Oklahoma.

(ii)

Location of the WECS on the site and total height of the system, including blades, rotor diameter, and ground clearance. The area of the base of each tower and depths shall be indicated.

(iii)

Utility lines, telephone lines and any other lines, both above and below ground, within a radius of 2,000 feet. Information presented shall contain details as how the power will be delivered to the grid, including the route and size of poles and towers to be used.

(iv)

Property lot lines, land uses and the location and dimensions of all existing structures and uses on and off site within 2,000 feet of each WECS.

(v)

Dimensional representation of the various structural components of the wind tower construction, including the base and footing.

(vi)

Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

(vii)

Certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the Building Code.

(viii)

Certification that the electrical system design is in compliance with accepted engineering practices and with the appropriate provisions of the National Electric Code.

(ix)

Certification that the rotor over speed control system is in compliance with accepted engineering practices.

(x)

The applicant shall provide a shadow flicker and blade glint zone model for any proposed WECS as requested by staff. The model shall:

(xi)

Model and describe the zones where shadow flicker and blade glint will likely be present within the project boundary and a 2 mile radius beyond the project boundary. Include the topography, existing residences, wind speeds and directions, and existing vegetation and roadways. The model shall represent the most probable scenarios of wind consistency, sunshine constancy, and wind directions and speeds.

(xii)

Calculate the locations of shadow flicker and blade glint caused by the proposed project; the expected durations of the flicker and glint at these locations and the total number of possible hours per year of flicker and glint at all locations.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014; Ord. No. 3978-A, § 1, 8-10-2015; Ord. No. 4225-A, § 1, 3-25-2024)

An encroachment is the extension or placement of any structure or building, or component of such, into a required yard setback. Additional restrictions on permitted encroachments, including additional yard requirements and bulk regulations, can be found in Section 90-12-04 (Accessory Structures and Uses) above and are referenced within the following table. Permitted encroachments are found in Table 90-12-05 Permitted Encroachments.

Table 90-12-05 Permitted Encroachments

P - Permitted

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

A.

Temporary Use Permit Application.

1.

Any person, firm or corporation desiring to obtain a temporary use permit, as required by this section, shall file a written application with the Building Official on a form provided by the City, provided this section shall not apply to any government, school or church use.

2.

The Building Official shall grant temporary use permits for those uses listed below so long as he/she determines that the proposed use, complies with the requirements of this section and this Ordinance. Unless expressly provided in this section, every temporary use or structure shall comply with the bulk requirements applicable in the district in which it is located.

3.

Temporary uses not specifically listed here shall require the specific approval of the Planning Director. Unless otherwise limited, temporary uses may be allowed in any zoning district, provided that it is consistent with the purpose and intent of this Ordinance and the zoning district in which it is located.

4.

Every temporary use shall comply with this Ordinance and all local regulations. The Building Official or Planning Director may impose other conditions, as part of the temporary use permit approval, as necessary to achieve the purposes of this Ordinance, and to protect the public health, safety, comfort, convenience and general welfare. No temporary use shall be permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.

B.

General Provisions. Every temporary use shall comply with all the requirements listed below.

1.

No temporary use shall be permitted that causes, or threatens to cause, an on-site or offsite threat to the public health, safety, comfort, convenience and general welfare.

2.

Every temporary use shall be operated in accordance with such restrictions and conditions as the Fire, Inspection, Planning and Health Department or other agencies may require. If required by the City, the operator of the temporary use shall employ appropriate security personnel.

3.

No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses. No temporary use shall block handicapped or fire lanes.

4.

No temporary use shall be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The Planning Director may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Planning Director shall approve the temporary use only if such parking spaces are provided.

C.

Permitted Temporary Uses.

1.

Carnival/Circus. Carnivals/circuses shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. These uses need not comply with the yard requirements and the maximum height requirements of this Ordinance. The concessionaire responsible for the operation of any such use shall:

a.

Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles.

b.

Comply with all local, state and federal regulations.

c.

Provide refuse containers in the number and locations required by the City. All containers shall be properly serviced.

d.

Provide for thorough clean-up of the site at the completion of the event.

e.

Provide proof that all amusement devices have been State inspected.

f.

Upon written notice from the City, immediately stop the use of any amusement device or structure found by the City to pose a threat to the public safety.

2.

Seasonal Goods Sales. The sale of seasonal goods, such as Christmas trees or pumpkins patches, shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. These uses shall be limited to a period not to exceed thirty (30) days.

3.

Farmers Markets. Farmers markets shall comprise of two or more farmers selling fruit, vegetables, plants or any other farm products that were grown, raised or made by the vendor for direct sale to the consumer. Other products such as hand-made crafts and ready-to-eat foods are allowed if made by the vendor. At least seventy-five percent (75%) of the products at a farmers market shall be grown or processed by the vendor or under that vendor's direction. A product not grown or processed by or for a vendor must have been grown or processed by and purchased directly from another farmer or producer and the name and location of that farm or business must be identified on the product or on a sign in close proximity to the product.

4.

House, Apartment, Garage and Yard Sales. House, apartment, garage and yard sales are allowed in any district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. These uses shall be limited to a period not to exceed three (3) consecutive days and no more than three (3) sales shall be conducted from the same residence in any twelve (12) month period. House, apartment, garage and yard sales are exempt from temporary use permits.

5.

Arts and Crafts Shows, and Plant Shows (Outdoor). Arts and crafts shows, and plant shows shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and adverse impact on other properties.

6.

Sidewalk Sales. Sidewalk sales are permitted in the commercial districts only. They shall be in conjunction with, and clearly incidental to, an existing permanent on-site use. Sidewalk sales are permitted to display and sell only merchandise that is found in stores participating in the sidewalk sale. Sidewalk sales shall not interfere with the pedestrian access. No sidewalk sale shall be permitted for a period of more than five (5) successive days and no more than three (3) sales shall be permitted in any twelve (12) month period. Sidewalk sales within the Central Business District (CBD) are exempt from temporary use permits.

7.

Temporary Construction and Real Estate Sales Related Trailers.

a.

Temporary buildings, including manufactured/mobile homes, or temporary storage containers, that are used solely for office or storage purposes in conjunction with construction work only, may be permitted in any zoning district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

b.

Temporary offices, both incidental and necessary for the sale or rental of real property within a residential subdivision or residential development in which such offices are located, may be permitted in any zoning district until such time as the real property has been sold or rented or six (6) months after issuance of the final occupancy permit, whichever is less. These structures shall not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer, unit or office shall be used as the general office or headquarters of any firm.

8.

Tents. No tent or similar structure shall be erected, used, or maintained for human residence, except such small tents that are used for temporary recreational purposes. Erection, use, and maintenance of tents and similar structures for non-residential uses shall be subject to the fire prevention and other applicable regulations of the City.

9.

Commercial/Industrial Districts. Tents within commercial districts shall be permitted for no longer than fourteen (14) days and must be in conjunction with a special event of a use located on the same lot. Tents must be removed within two (2) days of the end of the event for which it was erected, but in no case may a tent be in place for longer than fourteen (14) days. Every tent shall comply with the bulk requirements applicable to accessory structures. Additionally, the size and location of tents may be restricted where it is determined that it creates parking and/or access problems on the site.

10.

Residential Districts. Tents within residential districts shall be limited to no more than five (5) days. These structures shall include tents used for entertainment, vehicle storage, general storage, or assembly purposes that are not intended for living purposes, such as camping and sleeping. Tents within residential districts are exempt from temporary use permits.

11.

Temporary Storage Containers.

a.

Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed ten (10) days.

b.

Temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. Containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.

c.

Temporary storage containers are exempt from temporary use permits.

d.

Temporary storage containers cannot block sidewalks and traffic flows.

e.

Temporary storage containers must adhere to the Corner Visual Clearance regulations established in Subsection 90-12-02.G (On-Site Development Standards).

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

All uses shall comply with the performance standards established in this section unless any federal, state, county or local law, ordinance or regulation establishes a more restrictive standard, in which case, the more restrictive standard shall apply.

A.

Noise. No activity or use shall be conducted in a manner that generates a level of sound greater than seventy-five (75) decibels as measured on another property. These limits shall not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads and aircraft.

B.

Glare and Heat. Any activity or the operation of any use that produces glare or heat shall be conducted so that no glare or heat from the activity or operation shall be detectable at any point off the lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.

C.

Vibration. No earthborne vibration from the operation of any use shall be detectable at any point off the lot on which the use is located.

D.

Dust and Air Pollution. Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting or other acceptable means.

E.

Discharge and Disposal of Radioactive and Hazardous Waste. The discharge of fluid and the disposal of solid radioactive and hazardous waste materials shall comply with applicable federal, state and local laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material shall commence without prior notice to the City. Notice shall be given at least three (3) weeks before the operation is commenced. Radioactive and hazardous material waste shall be transported, stored, and used in conformance with all applicable federal, state and local laws.

F.

Electromagnetic Interference. Electromagnetic interference from any operation of any use in any district shall not adversely affect the operation of any equipment located off the lot on which such interference originates.

G.

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public, shall be removed, stopped or modified so as to remove the odor.

H.

Toxic Substances. The storage, handling, or transport of toxic substances shall comply with federal, state and local regulations.

I.

Fire and Explosion Hazards. Materials that present potential fire and explosion hazards shall be transported, stored, handled and used only in conformance with all applicable federal, state and local regulations.

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