Mustang City Zoning Code

The regulations contained in this chapter are necessary to encourage the most appropriate uses of land, to maintain and stabilize the value of property, to reduce fire hazards and improve public safety and safeguard the public health, to decrease traffic congestion and its accompanying hazards, to prevent undue concentration of population, and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

(Code 1977, § 17.02.020)

State Law reference— Zoning ordinance purpose, 11 O.S. § 43-103.

This chapter classifies and regulates the land, buildings and structures within the city limits set forth in this chapter. The regulations contained in this chapter are necessary to promote health, safety, convenience and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use 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.

(Code 1977, § 17.02.030)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The term "person" includes a corporation, a partnership and an incorporated association of persons, such as a club. The term "building" includes any part thereof. The term "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Accessory building or structure means a building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.

Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the principal use. The operation of commercial feed pens, sales yards and auction yards for horses, cattle or hogs is deemed an industrial and not an agricultural use.

Alley means a right-of-way or easement dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Apartment. See Dwelling, multiple-family.

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including but not limited to the following: passenger cars, trucks, buses, motor scooters and motorcycles.

Automobile wash service means a structure designed primarily for washing automobiles using production line methods, with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical devices. A self-service system may also be available for the manual washing of vehicles.

Automobile wrecking or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Billboard (including poster and panel types) means a non-accessory sign or sign structure upon which advertising may be posted, painted or affixed, and which is primarily designed for the rental or lease of the sign space for advertising not related to the use of the property upon which the sign is located.

Block means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels, boundaries of a municipality, or a combination thereof.

Boardinghouse means a dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more but not exceeding 12 persons.

Breezeway means a covered area that connects two buildings.

Building means any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated is deemed to be a separate structure.

Building coverage means the percentage of the lot area covered by the building. Overhanging roofs are not included in this area.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building, main means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling is deemed to be a main building on the lot on which it is situated.

Building site means a single parcel of land occupied or intended to be occupied by a building or structure.

Carport means a permanent roofed structure permanently open on at least two sides, designated for or occupied by private passenger vehicles.

Cellar means an underground structure separate from the foundation of the main building.

Clinic, animal means a facility for the examination and treatment of ill and afflicted animals.

Clinic, dental or medical means a facility for the examination and treatment of ill and afflicted human outpatients including, but not limited to, dental and doctors' office; provided, however, that patients are not kept overnight except under emergency conditions. Clinic, dental or medical, shall not include a detoxification facility as defined herein.

Convalescent home, rest home, nursing home and extended care facility mean a health facility where persons are housed and furnished with meals and continuing nursing care for compensation, but shall not include a detoxification facility as defined herein.

Court means an open unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bordered on two or more sides by such building or buildings.

Court, inner means a court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.

Court, outer means a court the full width of which opens onto a required yard or street or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.

Day care center means a facility which provides care for 13 or more children for more than 15 hours a week and which is subject to the provisions of the Oklahoma Child Care Facilities Licensing Act (10 O.S. § 401 et seq.)

Detoxification facility means any treatment facility, multiple-family facility, transitional living facility, halfway home and any housing or facility that is used for medical or nonmedical detoxification.

Drinking establishment means establishments or places of business where customers are seated and served and which are primarily engaged in the sale, mixing or dispensing of beverages containing more than 0.5 percent alcohol by volume for consumption on the premises. Little or no food items are served.

Drive-in restaurant means any establishment where food, frozen desserts and/or beverages are sold to the consumer and where motor vehicle parking space is provided and where such food, frozen desserts and/or beverages are intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.

Drive-through means a facility where purchases may be made from a motor vehicle but are not intended to be consumed on the premises.

Dry cleaning or laundry, self-service means any attended or unattended place, building or portion thereof available to the general public for the purpose of washing, drying, extracting moisture from or dry cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

Duplex means a structure with two dwelling units located on one lot.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including travel trailers.

Dwelling, attached means a dwelling having any portion of each of two walls in common with adjoining dwellings.

Dwelling, condominium means individual ownership of a unit in a multiple-unit structure but not of the lot in which the unit is located.

Dwelling, detached means a dwelling having open space on all sides.

Dwelling, multiple-family means a dwelling designed for occupancy by ten or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

Dwelling, townhouse or row house means three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance, is located on a separate lot, and is designed to be occupied and may be owned by one family.

Dwelling, single-family means a detached dwelling designed to be occupied by one family.

Dwelling, two-family means a dwelling designed to be occupied by two families living independently of each other.

Dwelling unit means a single unit providing complete independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Eating establishment, sit-down, alcohol not permitted means establishments or places of business where customers are seated and served and that are primarily engaged in the sale of prepared foods and beverages for on-premises consumption. There is no sale, mixing or dispensing of beverages containing more than 0.5 percent alcohol by volume.

Eating establishment, sit-down, alcohol permitted means establishments or places of business where customers are seated and served and that are engaged in the sale, mixing or dispensing of beverages containing more than 0.5 percent alcohol by volume for on-premises consumption as accessory to a restaurant operation.

Electric regulating station means a subsidiary station in which electric current is transformed.

Family means one or more persons related by blood or marriage, including adopted children, or a group of not to exceed five persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or lodginghouse, hotel, club or similar dwelling for group use. A family is deemed to include domestic servants employed by the family.

Family child care home means a residential family home which provides care and protection for seven or fewer children for part of the 24-hour day and which is subject to the provisions of the Oklahoma Child Care Facilities Licensing Act (10 O.S. § 401 et seq.)

Fence, sight-proof means an opaque screen of earth, fencing or vegetation which conceals a required part of a parcel from view of an adjoining parcel or public way.

Garage apartment means a dwelling unit for one family erected above a private garage.

Garage, private means an accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

Garage, public means any garage, other than a private or repair garage, which is used for the parking or storing of vehicles.

Garage, repair means a building in which are provided facilities for the care, servicing, repair or equipping of automobiles.

Gasoline service station means any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof.

Height means the distance from the foundation to the highest point of the building or structure.

Hobby dog breeding means an incidental accessory use that is not a kennel, where dogs are bred for sale.

Home occupation means any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings, provided that no trading in merchandise is carried on, and in connection with which there is no display of merchandise or sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which the occupation is conducted. The conducting of a beauty shop or barbershop, tearoom or restaurant, rest home, clinic, doctor's or dentist's office, day care center, real estate office, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

Homeowners' association means an incorporated nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in a planned unit or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and the charge if unpaid becomes a lien against the property.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured, including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including a sanatorium, detoxification facility, hospital, asylum, orphanage or building where persons are housed under restraint.

Impoundment yard means a facility established and used for the temporary storage of disabled or impounded motor vehicles and shall not mean a facility established and used for the purpose of dismantling, salvaging or otherwise altering a motor vehicle. Requirements are as follows:

(1)

All operators of an impoundment yard must have a state wrecker license and a city wrecker license if so established by the city.

(2)

Areas where motor vehicles are stored must be screened from view of adjacent properties by a six-foot sight-proof fence.

(3)

The area used for the storage of motor vehicles shall at a minimum be surfaced in accordance with the parking lot construction standards in section 122-928.

(4)

The impoundment yard must have a minimum setback of 75 feet on section line roads and major streets. If the impoundment yard is located on a minor street, it must be set back a minimum of 25 feet from the property line.

Incidental repair, automobile means an accessory use of repairing automobiles which is incidental to main use of the building or structure.

Kennel means an establishment where dogs are bred, raised, boarded or trained for show or profit.

Large family child care home means a residential family home which provides care and supervision for eight to 12 children for part of the 24-hour day and which is subject to the provisions of the Oklahoma Child Care Facilities Licensing Act (10 O.S. § 401 et seq.)

Lodge hall means the meeting place of a branch of an organization, especially a fraternal organization.

Long range plan and comprehensive plan mean the long range comprehensive physical development plan for the city which has been officially adopted to provide long range development policies for the area subject to urbanization in the foreseeable future and which includes, among other things, the plan for land use, land subdivision, circulation and community facilities.

Lot means a subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development.

Lot, corner means a lot located at the intersection of and abutting two or more streets.

Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

Lot, double frontage means a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot, interior means a lot other than a corner lot and bounded by a street on only one side.

Lot lines means the lines bounding a lot.

Lot of record means a lot which is a part of an approved plat or metes and bounds subdivision, the map of which has been recorded in the office of the county registrar of deeds.

Lot, reverse frontage means a double frontage lot which is designed to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street.

Lot width means the mean horizontal distance between the side lot lines of a lot, measured at right angles to the depth, typically measured at the frontage line or front property line.

Manufactured home and manufactured home construction mean a factory-fabricated building, transportable in two or more sections, designed to be used by itself or to be incorporated with similar units at a building site. The building is constructed with or without a permanent chassis and shall be placed on a permanent foundation. Manufactured home construction shall meet the United States Department of Housing and Urban Development (HUD) specifications. The term "manufactured home" or "manufactured home construction" is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements incorporated into a site-built structure, or mobile homes transportable in one unit.

Medical detoxification means diagnostic and treatment services performed by licensed facilities for acute alcohol intoxication, delirium tremens and physical and neurological complications resulting from acute intoxication. Medical detoxification includes the services of a physician and attendant medical personnel including nurses, interns and emergency room personnel, the administration of a medical examination and a medical history, the use of an emergency room and emergency medical equipment if warranted, a general diet of three meals each day, the administration of appropriate laboratory tests, and supervision by properly trained personnel until the person is no longer medically incapacitated by the effects of alcohol.

Mobile home means a structure transportable in one or more sections which is eight body feet or more in width and 32 body feet or more in length, but contains no less than 320 square feet, and which is built on a permanent chassis and designed to be used as a yearround residential dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Mobile home, dependent means a mobile home that does not have a flush toilet and a bath or shower. For purposes of regulation under this chapter, a dependent mobile home is considered to be the same as a travel trailer, unless otherwise specified.

Mobile home, independent means a mobile home which has a flush toilet and a bath or shower. Unless otherwise indicated in the text of this chapter, the term "mobile home" means an independent mobile home.

Mobile home park means any plot of ground upon which one or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

Mobile home space means a plot of ground within a mobile home park designed for the accommodation of one mobile home, and not located on a mobile home sales lot.

Mobile home subdivision means a subdivision designed and intended for residential use where residence is in mobile homes exclusively and mobile home lots are sold for occupancy.

Motel. See Hotel.

Nonconformance means a lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include but is not limited to failure to conform to use, height, area, coverage or off-street parking requirements.

Nonmedical detoxification means detoxification services for intoxicated clients with no apparent physical or neurological symptoms requiring medical treatment as a result of their intoxication. Nonmedical detoxification includes providing a bed, oral administration of fluids, three meals a day and the taking of the client's temperature, blood pressure and pulse at least once every six hours for the duration of the client's stay in the nonmedical detoxification service.

Nursery, plant means an area where plants (such as trees and shrubs) are grown for transplanting, for use as stock for budding and grafting, or for sale.

Off-street parking means a type of parking wherein the maneuvering of the vehicle while parking and unparking, as well as parking itself, is done entirely off of the street right-of-way, and where access to the area is by means of driveway approach built to the standards of the city.

Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

Pet shop means a place for the selling and/or grooming of small domestic animals.

Planned unit development means a form of development characterized by a unified site design, which may include providing common open space, density averaging and mixing of building types and land uses.

Planning commission and commission mean the planning commission of the city as created by the city council.

Porch, open means a covered entrance to a building that is not enclosed.

Rest home. See Convalescent home.

Restaurant. See Eating establishment.

Row house. See Dwelling, townhouse or row house.

Sadomasochistic practice means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

Sanatorium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents, but shall not include a detoxification facility as defined herein.

Seat means a chair, stool, bench or pew intended to be sat in or on. If individual seats are not provided, such as in the use of a bench or pew, each 20 inches of bench or pew shall be considered a seat.

Setback means the distance between the lot line and the building line.

Sexually oriented businesses means and includes the following:

(1)

Adult amusement or entertainment. Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

(2)

Adult bookstore. An establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matter, or photographs, films, videocassettes, compact disks, DVDs, compact disks, or other visual reproductions, which are distinguished or characterized by the depiction or description of sexual conduct or specified anatomical areas, or instrument, devices, or paraphernalia which are designed or marketed for use in sexual conduct.

(3)

Adult motion picture arcade. Any establishment to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depiction or description of sexual conduct or specified anatomical areas.

(4)

Adult motion picture theater. An establishment designed to accommodate more than five persons where, for any form of consideration, films, motion pictures, videocassettes, slides, compact disks, DVDs, digital recordings or other similar photographic or visual reproductions which are distinguished or characterized by the depiction or description of sexual conduct or specified anatomical areas.

(5)

Massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration or fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

(6)

Model studio. Any place other than university or college art classes where, for any form of consideration or gratuity figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

(7)

Sexual encounter center. Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include but not to be limited to bath houses, massage parlors, and related or similar activities.

The definition of sexually oriented businesses is not intended to include as a permitted use, or authorize property to be used, for conduct which constitutes an offense under the laws of the City of Mustang, or applicable state or federal laws.

Sexual conduct means and includes the following:

(1)

The stimulation, fondling or other touching of human genitals, pubic region, buttocks, anus, vulva, or female breasts;

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or anal copulation;

(3)

Sadomasochistic practices; and

(4)

Excretory functions as part of or in connection with any of the activities set forth in [subsections] (1) through (3) above.

Sign. See Billboard.

Site-built structure means a structure constructed at its location, which may include the assembling of prefabricated parts.

Site plan means a plan showing the location and size of water and sewer lines and storm sewers, paving, contours at two-foot intervals, building pad elevations, spot elevations at each lot corner for all lots in the subdivision, lot and street drainage arrows, streetlight locations, water and sewer service connections, top of curb elevations, lot dimensions, fire hydrants, manhole locations, right-of-way widths and utility easements.

Specialty fabrication shop (indoors). Property located within the industrial zoning category, and falling under the classification of specialty fabrication shop (indoors), shall be allowed to conduct the following operations as listed below, provided that no operations of any kind, such as the repair or storage of finished or unfinished products, materials, or equipment of any kind, shall be undertaken outside the walls of the facility (excluding the loading or unloading of materials, products, equipment or supplies, finished or unfinished, to be used in the fabrication process): Processing or machining of ferrous and non-ferrous metals, alloys or composites to include welding, cutting, sawing, grinding, stamping, bending and finishing materials. Painting (within an appropriate area inside) shall be permitted as long as paint, materials or odors are not released into the air outside the facility. The use of advanced coatings such as the powder coating process, involving powder that is sprayed onto a finish and baked on in a high heat oven shall be permitted. The use of chemically-based stripping processes, the anodizing, chroming or other coating of materials either finished or unfinished is prohibited unless prior approval of the city manager, the director of community development, and the fire chief is obtained. Approval shall be based on demonstrated ability to comply with all applicable federal, state and local laws and regulations relating to such processes. All processes shall be completely contained inside the building with no public exposure. No work shall be allowed that creates loud or excessive sounds or noise that annoys others outside the facility. No noxious odors shall be released that can be detected by others at locations outside the facility grounds. No electrical interference shall be emitted that will disrupt any devices outside the facility grounds. At no time shall any toxic or otherwise damaging products be discharged into the City of Mustang sewer system. All solid, liquid or gaseous emission or discharge will comply with federal, state and local standards. In the event applicable federal, state or local laws impose more stringent requirements than imposed herein, then the more stringent requirements shall apply.

Specified anatomical areas means and includes the following:

(1)

Human genitals, pubic region, buttocks, anus, vulva, and female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street means any public or private thoroughfare which affords the principal means of access to abutting property.

Street, intersecting means any street which joins another street at an angle, whether or not it crosses the other.

Structure means anything constructed or erected, the use of which requires location on the ground, or attached to something having a location on the ground.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Townhouse. See Dwelling, townhouse or row house.

Trailer court. See Mobile home park.

Trailer, hauling means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer, travel or camping means all vehicles and portable structures built on a chassis, designed as a temporary or permanent dwelling for travel, recreational and vacation use. This is meant to include tent trailers and motor-driven travel vehicles not included in the definition of independent mobile homes. For purposes of this chapter, a dependent mobile home is considered the same as a travel trailer, unless otherwise specified.

Travel trailer park means any plot of ground upon which one or more travel trailers occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

Use means the legal enjoyment of property that consists in its employment, occupation, exercise or practice.

Variance means a procedure by which certain requirements established in this chapter may be modified.

Yard means an open space at grade, other than a court or plaza, between a structure and the adjacent lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter. In measuring a yard for the purpose of determining the depth of the side yard, front yard or rear yard, the least horizontal distance between the lot line and a building or structure shall be used.

Yard, front means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines, and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

Yard, rear means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. The rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side means an open area which extends from the required front yard to the required rear yard and which has a minimum width measured from the side lot line as specified for the zoning district in which the lot is located.

Zoning district means any section of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

(Code 1977, §§ 17.04.010—17.04.030; Ord. No. 706, § 1, 1-19-1999; Ord. No. 769, § 1, 4-17-2001; Ord. No. 770, § 1, 4-17-2001; Ord. No. 771, § 1, 4-17-2001; Ord. No. 993, § 1, 5-15-2007; Ord. No. 1037, § 1, 2-2-2010)

Cross reference— Definitions generally, § 1-2.

A violation of the regulations of this chapter is deemed a misdemeanor. Any person who violates or refuses to comply with any of the provisions of this chapter shall be punished as provided in section 1-8. Each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1977, § 17.50.060)

The document entitled "Imagine Mustang Comprehensive Plan" approved in September 2017 is hereby adopted in its entirety by reference for the City of Mustang. Three copies of the plan are to remain on file in the office of the city clerk subject to public use and inspection. The "Imagine Mustang Comprehensive Plan" will govern and be used as a guide for future buildings, structures, land use and development in the city with all of the force and effect which it would have if set out in full in this chapter.

(Code 1977, § 17.52.010; Ord. No. 890, § 1, 3-2-2004; Ord. No. 1152, § 1, 9-26-2017)

Except as otherwise provided in this chapter, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and in accordance with the provisions contained in this chapter relating to any or all districts.

(Code 1977, § 17.02.040)

The conversion of buildings or structures from residential uses to commercial uses is prohibited within residential zoned districts. Where buildings or structures used for residential purposes are located on property that is thereafter zoned for commercial or industrial use, the residential use may continue until a commercial or industrial use is made thereon. After the commercial or residential use is made, the residential use is prohibited and shall immediately cease. For purposes of this section, a commercial or industrial use is made on the property at the earlier of such time as a building permit or business license is sought for a commercial or industrial use, or the property is used for a purpose that would not be allowed but for the commercial or industrial zoning.

(Code 1977, § 17.06.040; Ord. No. 1186, § 1, 4-2-2019)

Editor's note— Ord. No. 1186, § 1, adopted Apr. 2, 2019, changed the title of § 122-7 from conversion of residential buildings to commercial uses to residential use in commercial or industrial zoned property.