A.

C-1. Local Commercial. The C-1, Local Commercial district is to consist of retail sale businesses, offices, and professional service enterprises that provide day-to-day goods and services for surrounding residential neighborhoods. This district is intended to allow commercial development which can be carried out in a harmonious manner with a minimum of disruption and undesirable impact upon the adjacent residential uses.

B.

C-2. General Commercial. The C-2, General Commercial district is to consist of a wide range of retail sale businesses, offices, and professional service enterprises that provide goods and services that serve a variety of purposes. Uses with generally larger footprints and/or outdoor sales requirements are allowed in this district.

C.

C-3. Regional Commercial. The C-3, Regional Commercial district is to provide areas for all types of retailing and service uses that serve both the needs of local residents as well as draw customers from areas beyond the city limits. Generally, retail establishments that require large lots and outdoor display/storage as well as distribution and storage land uses are permitted in this district. This district is designed to accommodate commercial areas where customers reach individual business establishments primarily by automobile

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

Table 90-09(A): Commercial Districts - Permitted Uses and Special Exceptions lists permitted and special uses for the commercial districts. A "P" indicates that a use is considered permitted within that district as of right. An "S" indicates that a use is permitted as a special exception in that district upon approval from the Board of Adjustment as required in Section 90.02-05 (Special exceptions). A blank space or the absence of the use from the table indicates that use is not permitted within that district. However, a use not identified on the table may be determined by the Planning Director to be a permitted or special use in the district, based on his evaluation as to whether the proposed use is similar enough in character, intensity, and operations to that of a permitted or special use in the district.

Table 90-09(A): Commercial District - Permitted and Special Uses Table

P = Permitted Use    S = Special Use

Note: No article or material stored or offered for sale in connection with the uses permitted within the C-1 district shall be stored or displayed outside the confines of a building unless it is listed as a Special Exception with Table 90-09 (A).

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

A.

Table 90-09(B): Commercial District Bulk and Yard Regulations establishes bulk and yard regulations for the commercial zoning districts. Bulk and yard regulations apply to all uses within that district unless a different standard is listed for a specific use.

Table 90-09(B): Commercial District Bulk and Yard Standards

NOTES:

1.

Where the side and/or rear lot line is adjacent to a residential zoning district, then it shall be screened by a six-foot-high sight proof fence or dense hedge.

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

Development within the commercial districts shall comply with the following design standards. Development shall include all new construction and existing structures if the existing structure is enlarged or remodeled by more than 51 percent.

1.

Façade Articulation. Buildings shall comply with the following building articulation standards:

a.

All sides of the structure's façade, except the rear of the structure unless the rear façade abuts a public street, where said façade is over 100 feet, shall include architectural features a maximum of every 75 feet, to minimize the appearance of blank walls. Such as, changes in wall texture, masonry patterns, windows, colonnade, columns or pilasters.

b.

The design of accessory buildings, such as security kiosks, maintenance buildings, and outdoor equipment enclosures, shall be incorporated into, and compatible in design concept with, the overall design of the project and the main buildings on the site.

c.

Predominant façade colors must be subtle, neutral or earth-tone colors. Primary colors, high-intensity colors, metallic or fluorescent colors, and black are prohibited as predominant façade colors. Building trim and accent areas may be brighter and include primary colors.

2.

Window Design. Buildings shall comply with the following standards:

a.

Reflective glass is prohibited.

3.

Roof Design. Buildings shall comply with the following roof design standards:

a.

Roofs shall be designed as an integral part of the façade design.

b.

When visible from the public street a roofline over 100 linear feet must be "broken up" by providing a change in height, or with the incorporation of a major focal point feature, such as a dormer, gable or projected wall feature, or articulations in the façade of the building, every 100 linear feet in building length that gives a visual appearance of the roofline being broken up.

c.

Parapet walls shall feature three-dimensional cornice treatments or other shadow-creating detail elements along their tops.

d.

"Green roof" designs are encouraged.

4.

Entrances. Buildings shall comply with the following entrance design standards:

a.

Main entrances to the building shall be well defined.

b.

All public entrances shall make provision for pedestrian walkways and landscape areas.

5.

Building Materials.

a.

Permitted Materials. Permitted building materials for exterior use are as follows:

(i)

Clay brick.

(ii)

Natural or cast stone.

(iii)

Stucco.

(iv)

Wood.

(v)

Architectural precast concrete.

(vi)

Exterior insulating finish systems (EIFS).

(vii)

Vinyl (only allowed in the "C-1" district).

(viii)

Glass curtain walls (non-load bearing glass wall extending more than one story).

(ix)

Aluminum, steel or other metal sidings.

(x)

Metal wall panels.

b.

Prohibited Materials. Prohibited materials for a predominant surface finish material are as follows:

(i)

Plain concrete block (allowed on rear of structure if not abutting a public street).

(ii)

Utility-sized brick.

(iii)

Exposed aggregate (rough finish) concrete wall panels.

(iv)

Plastic.

c.

The following roof materials are prohibited (if visible from a public street):

Reflective surfaces that produce glare.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014; Ord. No. 4195-A, § 1, 4-24-2023)

A.

Accessory Structures, and Uses. See Article 90-12-04 (Accessory Uses and Structures) for standards covering accessory uses and structures.

B.

On-Site Development Standards. See Article 90-12 (On-Site Development Standards) for standards governing additional on-site development standards such as exterior lighting requirements and permitted encroachments.

C.

Off-Street Parking. See Article 90-14 (Off-Street Parking) for standards governing off-street parking and loading.

D.

Landscaping and Screening. See Article 90-15 (Landscaping and Screening) for standards governing landscaping and screening.

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

1.

Structures.

a.

Main Structures. Intermodal shipping containers are a permitted use for the main structure in commercial zoning districts general and regional (C-2) and (C-3), and industrial zoning districts (I). An intermodal shipping container/s is permitted as the main structure in commercial zoning districts (C-1), the central business district (CBD), with an approved special use permit. Shipping containers are prohibited in designated historical districts, and lots in residential use (regardless of the zoning district) and other zoning districts not noted.

b.

Accessory Structures. An intermodal shipping container is a permitted use as an accessory structure within the corporate limits of the City of Muskogee within the commercial zoning districts (C-1), (C-2) and (C-3), the central business district (CBD) and industrial zoning districts (I). Shipping containers are prohibited in designated historical districts. Exterior is required to be painted to match the primary structure on the lot, or painted tan, beige or earth-tone color.

2.

Standards for Shipping Container-Based Structures. These standards are applicable to buildings or structures constructed from intermodal shipping containers. The intent of this section is to ensure that structures utilizing intermodal shipping containers are in compliance with the current International Commercial Code (ICC), and the Muskogee Code of Building Ordinances (as amended).

a.

Height maximum two containers, properly anchored, with any outside walkway or balcony area to be properly encased pursuant to the City of Muskogee Building Codes, and/or slopped per state regulations.

b.

General Requirements. In all circumstances, shipping or cargo containers shall:

(i)

Not be placed in the right-of-way or obstruct the vision clearance;

(ii)

Not block, obstruct, or reduce any required entrance or exit, open area, easement, fire lane, bicycle facility, sidewalk or parking space;

(iii)

Not be placed so as to adversely impact the health or survivability of any required trees, landscaping or protected wetlands;

(iv)

Not be placed in a manner that disrupts or alters drainage flow;

(v)

Be in a condition free from rust, graffiti, peeling paint and other visible forms of deterioration;

(vi)

Prohibited from use as a permanent or temporary sign;

(vii)

Not be used to store any hazardous materials, substances or wastes as defined in 49 Code of Federal Regulations (CFR) 100-180.

3.

Permitting. Building permits are required for installation and or construction of a shipping container based structure. The following information is required:

a.

Intermodal shipping containers shall bear the manufacturer's existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner and the building official, and contain the following information:

(i)

Manufacturer's name or identification number.

(ii)

Date manufactured.

(iii)

Safety approval number.

(iv)

Identification number.

(v)

Maximum operating gross mass or weight (kg) (lbs).

(vi)

Allowable stacking load for 1.8G (kg) (lbs) transverse racking test force (Newton's).

(vii)

Valid maintenance examination date.

b.

Where approved by the building official, the markings and manufacturer's existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.

c.

A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.

d.

Evidence of compliance with the Oklahoma Industrialized Buildings Act, such as an inspection seal or insignia issued by the Commissioner of the Oklahoma Department of Community Affairs.

4.

Exceptions.

a.

Stationary storage battery arrays located in intermodal shipping containers.

b.

Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.

c.

Intermodal shipping containers that comply with all of the following:

(i)

Single-unit stand-alone intermodal shipping containers that are supported at grade level and used only for occupancies as specified under Risk Category 1 in Table 1604.5;

(ii)

3.2. Single-unit stand-alone intermodal shipping containers that are supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5;

(iii)

3.3. In flood hazard areas, single-unit stand-alone intermodal shipping containers that are designed in accordance with the applicable provisions of Chapter 16;

(iv)

Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including, but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions.

(Ord. No. 4194-A, § 1, 4-24-2023)