The purpose of this Article is to set forth additional requirements for certain permitted and special uses. These standards are intended to ensure that the use is compatible with the surrounding area.

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

No structure or land may be used or occupied except in conformity with the regulations for the zoning district in which it is located.

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

In addition to the use standards below, all uses are required to comply with all provisions of this Ordinance including, but not limited to, Article 12 (On-Site Development Standards), Article 14 (Off-Street Parking), Article 15 (Landscaping and Screening), and Article 16 (Signs), and all other City regulations.

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

A.

Adult Use

1.

Adult uses engaging in sexually oriented or explicit displays of any and all media types, either live or pre-recorded, must adhere to the provisions of section 54-253 et seq. of the City Code.

2.

Any adult use shall not be located within 1,000 feet of any building primarily and regularly used for worship services and religious activities; any public or private school; any public park or playground; any public library; or any land zoned or used for residential purposes.

3.

Buildings, structures and uses accessory and customarily incidental to any permitted adult use shall be permitted, provided that there shall be no uses allowed which create noise or nuisance, other than such as are customarily incidental and essential to retail establishments;

4.

Nameplates and signs shall be permitted when relating only to the permitted adult use business or to products sold on the premises.

5.

No article or material stored or offered for sale in connection with a permitted adult use shall be stored or displayed outside the confines of a building, unless it is so screened by permanent sightproof screen, wall, fence or planting that it cannot be seen from adjacent lots. No screening in excess of six feet in height shall be required.

B.

Bed and Breakfast

1.

The structure must be located in a designated historical district or be a historical site as designated by the Historic Preservation Commission.

2.

All parking spaces shall be located to the rear of the structure.

3.

One sign shall be allowed which shall not be more than six square feet in area and which may be lighted by no more than two 50-watt light bulbs.

4.

The bed and breakfast facility must maintain the residential character of the neighborhood.

5.

Fire exits shall be in the rear of the structure and enclosed by buffers.

6.

The bed and breakfast facility must meet all applicable codes and licensing procedures and must have a minimum of 2,500 square feet of habitable area and a minimum of one bathroom for every two guest rooms. The bed and breakfast facility shall not have to meet commercial kitchen codes, unless commercial equipment is installed.

C.

Commercial, General & Regional

1.

No article or material stored or offered for sale in connection with the uses permitted under Article 90-09 Commercial Districts shall be stored or displayed outside the confines of a building unless it is so screened by permanent sight proof screen, wall, fence or planting that it cannot be seen from adjacent lots. No screening in excess of six feet in height shall be required.

2.

Those uses permitted under Article 90-09 Commercial Districts shall comply with the following provisions:

a.

All yards, unoccupied with buildings or merchandise, or used as traffic ways, shall be landscaped and maintained in good condition the year round; and

b.

Driveways used for ingress and egress shall conform to the city standards.

D.

Commercial, Local

1.

Not more than 20 percent of the floor area shall be devoted to uses incidental to the primary use.

2.

No material or goods shall be stored or displayed outside of a building, unless allowed as a special use in Table 90-09(A) and approved by the Board of Adjustment.

E.

Drive-Through Facility. A drive-through facility is considered a separate use, rather than incidental to the principal use, and shall be subject to the following standards:

a.

All drive-through facilities shall provide adequate stacking spaces, in accordance with Article 14 (Off-Street Parking, 90-14-11 Stacking Spaces for Drive-Through Facilities).

b.

All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of parking spaces, maneuvering aisles or traffic circulation on adjoining streets.

c.

All drive-through stacking lanes shall not intersect with pedestrian access to the main public entrance of a building.

d.

No exterior lighting shall produce a glare into, or upon, the surrounding area or any residential premises. All drive-through facilities shall be properly screened, in accordance with Article 90-15-09.D Screening Requirements, to prevent glare from vehicles passing through service lanes.

e.

Drive aisles shall be separated from landscaped areas by a six (6) inch curb.

f.

The volume on all intercom menu displays shall be maintained at a level so as not to be easily heard by the adjoining residential districts. The volume on all intercom menu displays shall comply with Section 90-12-07.A. Noise.

g.

The operator of the drive-through facility shall provide adequate on-site outdoor waste receptacles and shall provide daily litter clean-up of the facility and along the rights-of-way abutting the property.

F.

Dwelling, Single-Family. Churches and main and accessory buildings, other than dwellings or accessories to dwellings, shall have a setback of ten feet from interior side lot lines.

G.

Dwelling, Multi-family or Townhouse. When any townhouse or multi-family dwelling or use abuts a residentially zoned property, an opaque, ornamental fence, wall or dense evergreen hedge having a height of not less than six feet shall be installed on the side and rear property line and shall be maintained in good condition. Fence shall comply with Subsection 90-12-04.C (Fences).

H.

Gas Station. Gas station canopies shall be designed with luminaries under the canopy to minimize light pollution.

1.

All gas station driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

2.

Gas stations may offer convenience items for sale as a secondary activity.

3.

Gas stations may also include an automatic car wash with one (1) bay. Stacking spaces shall be in accordance with Article 14 (Off-Street Parking, 90-14-11 Stacking Spaces for Drive-Through Facilities).

4.

In addition, gas stations may be included accessory to a "Minor Motor Vehicle Repair and Service Shop." However, they shall be subject to the provisions of this section and the standards of Paragraph L (Motor Vehicle Repair and Service, Major or Minor) below.

5.

Open canopies covering the pumps and islands may be located within the front yard setback, but shall not be located closer than fifteen (15) feet to the property line.

I.

Industrial

1.

No article or material permitted in this district, either for primary or incidental use, shall be kept, stored or displayed outside the confines of a building unless it is to be screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level. Fence shall comply with Subsection 90-12-04.C (Fences).

2.

No residential dwellings will be allowed within this district; however, this district does allow sleeping facilities for caretakers and night watchmen employed on the premises.

J.

Kennel (includes Animal Hospital and Pet "Day Care")

1.

Exterior enclosures and runs shall provide protection against weather extremes. Floors of runs shall be made of impervious material to permit proper cleaning and disinfecting.

2.

All animal quarters and runs are to be kept in a clean, dry and sanitary condition.

3.

Fencing surrounding exercise areas and/or runs shall be of a sufficient height to prevent escape and shall be buried as part of installation to prevent escape by digging beneath the fence posts.

4.

Noise shall be mitigated so as not to create a public nuisance for adjoining properties and shall comply with all noise regulations. This shall exclude noise from exercise or training while outdoors during the daytime.

K.

Manufactured Homes, Mobile Home and Mobile Home Parks (includes Travel Trailer)

1.

Compliance with HUD standards. All mobile and manufactured homes must be certified as meeting the Mobile Home Construction and Safety Standards or the National Manufactured Housing Construction and Safety Standards as established by the U.S. Department of Housing and Urban Development.

2.

Skirting. Shall comply with the building codes adopted by the City of Muskogee.

3.

Pad or foundation required. All structures shall be placed on a permanent foundation or pad constructed of Portland cement or equally durable material of not less than six inches in depth and shall comply with all building codes adopted by the City of Muskogee. The foundation shall be designed for the soil characteristics and wind loads prevalent to the individual site and afford adequate surface drainage.

4.

Anchoring. Shall comply with the building codes adopted by the City of Muskogee.

5.

Exterior features. The property to be developed must be comparable to site-built housing within the neighborhood. In this regard, it would be expected that units have a pitched roof, low profile, covered front and rear entry, site-built steps and porches. The exterior finish is to be real or simulated wood siding, vinyl siding, aluminum siding, stucco, brick or a combination. Mobile homes located within a mobile home park are excluded from the exterior features.

6.

Screening—From commercial or residential uses. All mobile home subdivisions or mobile home parks shall be screened from neighboring commercial and other residential uses by a transition area, open space, greenbelt or other permanent open space of at least 20 feet in width and a sight-obscuring fence of not less than six feet in height.

7.

Landscaping. All areas not covered by structures or paved surfaces shall be landscaped and maintained, primarily with turf (seed or sod) or live groundcover.

8.

Installation of utilities. Mobile home parks and subdivision developers are required to install utilities and cable lines in the street right-of-way and underground to each mobile home site.

9.

Guarantee of open space land. Adequate guarantee must be provided to ensure permanent retention of at least ten (10) percent of the development as open space land area within all mobile home subdivision developments or mobile home park, by private reservation for the use of the residents within the development.

10.

Storm drainage systems. Installation of a storm drainage system in all mobile home subdivisions shall be required. The storm sewer system should be sized and designed according to standard engineering practices and the city code.

11.

Fire protection. Adequate fire protection should be provided in accordance with applicable state and local requirements. Fire hydrants shall be installed within 300 feet (driving distance) of all mobile homes, service buildings, and other structures located within a mobile home park or mobile home subdivision. Care shall be taken to maintain the open area free of dry brush, leaves and weeds which might communicate fires between mobile homes and other buildings in the development.

L.

Motor Vehicle, Dealership or Rental Establishment. Any service and repair facilities within a motor vehicle dealership or rental establishment must also comply with the standards of Paragraph L (Motor Vehicle Service and Repair) below.

M.

Motor Vehicle, Service and Repair

1.

Minor motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than ten (10) days. Major motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than thirty (30) days.

2.

All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

3.

All repair operations shall be fully enclosed. Wrecked or junked vehicles shall not be stored for longer time periods than those specified above and shall be screened from the public right-of-way and any adjacent residential districts.

4.

Minor motor vehicle service and repair shops may also include gas stations as an accessory use. All gas stations which are part of such an establishment must comply with the regulations of Paragraph G (Gas Station) above.

N.

Group Living Facilities. Group living facilities shall include, but not limited to, neighborhood group homes, community group home, residential treatment center, transitional living center, emergency or protective center, detention/correctional facility, assisted living facilities, independent living facilities, nursing homes, or other similar uses. Group living facilities shall meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, the following criteria shall be required:

1.

Must be licensed by the appropriate state agency and meet contracting standards of the state;

2.

No certificate of occupancy will be issued after the effective date of the ordinance until all of the provisions within this section are complied with. The certificate of occupancy will be revoked automatically upon revocation of the state license;

3.

No signs advertising the neighborhood group home shall be permitted on the lot or structure;

4.

The facility shall be harmonious with surrounding buildings, in respect to scale, architectural design and building placement. No exterior alterations of the dwellings or any customary accessory structure shall be made which would detract from the residential character of the structure. Fire escapes, if required, must be located on the rear of the structure if architecturally feasible or on the side of the structure and screened;

5.

To avoid clustering, a neighborhood group home, community group home, residential treatment center, transitional living center, emergency or protective center, and a detention/correctional facility shall not be located on a lot within one-half mile (2,640 feet) of any other lot containing said facilities;

6.

The surrounding street network shall be capable of accommodating the traffic generated by the facility.

O.

Parking, Off-Street Structure or Lot

1.

Parking Structure

a.

Parking structures located in the CBD District shall include commercial uses along at least fifty percent (50%) of the length of the block in which the parking structure is located. The façade of the parking structure shall, to the extent possible, align with existing facades along the street frontage.

b.

In all other commercial districts, a landscaped yard a minimum of ten (10) feet in width shall be provided adjacent to a public right-of-way, excluding alleys.

2.

Off-Street Parking Lot

a.

The off-street parking lot shall be solely for the parking of passenger vehicles and shall not be used as an off-street loading area.

b.

No sale display, repair or service of any kind shall be conducted in any off-street parking lot.

c.

No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on any off-street parking lot.

d.

No buildings other than those for shelter of attendants shall be erected upon any off-street parking lots. The allowable shelters shall not exceed ten (10) feet in height and fifty (50) square feet in area.

e.

The off-street parking lot shall be screened and landscaped in accordance with Article 14 (Landscaping and Screening).

f.

The off-street parking lot shall be kept free from refuse and debris. All landscaping shall be maintained in a healthy growing condition, and be neat and orderly in appearance.

P.

Outdoor Dining. Outdoor dining is considered a separate use, rather than incidental to the principal use, and shall be subject to the following standards:

1.

Outdoor dining shall not interfere with the pedestrian access or parking spaces and aisles. Unless otherwise permitted by the City, outdoor dining areas shall be located only on private property.

2.

Outdoor dining shall not be located in any required yard that abuts a residential use or district, unless an alley is located between the use and a residential use or district.

Q.

Place of Worship. Places of worship shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties.

R.

Utilities, Private. Private utilities shall be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. Additional landscaping and screening may be required.

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