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.

(a)

The city is divided into zones as shown on the zoning map and filed with the city clerk. The map, as amended, and all explanatory material thereon is made a part of this chapter.

(b)

Zoning districts shall be designated as follows:

(Code 1977, § 17.06.010; Ord. No. 1037, § 6, 2-2-2010)

State Law reference— Districts authorized, 11 O.S. § 43-102.

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

(1)

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

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the zoning map.

(4)

Where the boundary of a district line follows a railroad line, such boundary shall be deemed to be located on the easement line to which it is closest, which shall completely include or exclude the railroad easement unless otherwise designated.

(5)

As of January 1, 1986, all areas which were previously zoned C1 shall become CN; C2 zoned areas shall become OPB; C3, C4, C5 and CR zoned areas shall become CI. Any nonconformities which may result may continue to exist as per the regulations of section 122-91.

(Code 1977, § 17.06.020)

Whenever any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Code 1977, § 17.06.030)

All new additions and annexations of land to the city shall be in an A-1 agricultural zone, unless otherwise classified by the city council, for a period of time not to exceed one year from the effective date of the ordinance annexing the addition. Within this one-year period of time, the city council shall instruct the planning commission to study and make recommendations concerning the use of land within the annexation to promote the general welfare and in accordance with the comprehensive plan, and upon receipt of such recommendations the city council shall, after public hearings as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the city council from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Code 1977, § 17.50.050)

A planned unit development is a special zoning district category that provides an alternate approach to conventional land use controls. The planned unit development may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan. The planned unit development is subject to special review procedures. Once approved by the city council, it becomes a special zoning classification for the property it represents.

(Code 1977, § 17.44.010)

(a)

It is the intent of this article to encourage unified design of residential, commercial, industrial or institutional areas and facilities, or combinations thereof, and to provide for integrated development having harmony of design and variety of function. It is also the intent of this article to encourage the development of planned commercial and industrial sites to eliminate the adverse impacts of traditional strip zoning.

(b)

The purpose of the planned unit development provisions is to:

(1)

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, ensuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan;

(2)

Permit flexibility within the development to maximize the unique physical features of the particular site;

(3)

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses;

(4)

Achieve a continuity of function and design within the development;

(5)

Encourage innovative development of smaller parcels of land that have been passed over; and

(6)

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

(Code 1977, § 17.44.020)

A planned unit development may be authorized by an amendment to the official zoning district map after public hearings by the planning commission and city council. A planned unit development shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this chapter. A planned unit development must comply with the following requirements:

(1)

Minimum district area. A planned unit development zoning district shall have a minimum area of not less than one acre or the minimum area requirement of the zoning district which the planned unit development is based upon, whichever is greater.

(2)

Master plan. A planned unit development master plan is required as the basis for review and approval of a planned unit development application. The planned unit development master plan shall be adopted as a part of the ordinance of rezoning and shall be in conformance with the requirements of this chapter and the following:

a.

The planned unit development master plan shall consist of two elements, the design statement and the master development plan map;

b.

The planned unit development master plan shall establish residential densities, as well as amount, type and general location of all land uses; and

c.

The planned unit development master plan shall serve as the basis for review and approval of all subdivision plats and building permits within the planned unit development.

(Code 1977, § 17.44.030)

(a)

Approval of a zoning change to planned unit development adopts the master plan prepared by the applicant and reviewed as a part of the application. The master plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations, and location of specific elements of the development such as open space, landscaping and screening.

(b)

The planned unit development classification replaces any previous zoning district classification on a parcel.

(c)

Where there is no provision in the planned unit development master plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

(Code 1977, § 17.44.040)

(a)

Because the planned unit development provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a planned unit development is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of this chapter and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a planned unit development application. Other factors not listed in this section may also be considered in the review process in order to respond to specific design and land use proposals.

(b)

The following design standards should be specifically included as review criteria for the evaluation of a planned unit development application:

(1)

General development standards. The proposed planned unit development should be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

(2)

Modification of zoning requirements. Design of the planned unit development may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback and height on individual lots in accordance with the planned unit development master plan.

(3)

Conformance with master plan and comprehensive plan. Density, land use and intensity of use requirements should be based on the planned unit development master plan and should be reviewed carefully for conformance to the comprehensive plan.

(4)

Conformance with building code. Building code requirements should not be reduced or modified in the design of a planned unit development.

(5)

Gross density. The maximum number of dwelling units within a planned unit development should be based on calculation of gross density. Gross density should be established in the planned unit development master plan and should be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

(6)

Housing type and location. Location and type of housing should be established in a general pattern and shown on the master development plan map.

(7)

Park dedication, parking facilities and landscaping. Park dedication requirements (chapter 106, article VI), parking requirements (article X of this chapter) and landscaping requirements (article IX, division 2 of this chapter) should not be reduced in the design of a planned unit development.

(8)

Intensity. Proposed development should conform to the level of intensity guidelines in the comprehensive plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

(9)

Amenities. Amenities should be considered as an important justification for development and city approval of a planned unit development. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways shall be planned where it is necessary to provide for amenity and public safety.

(10)

Minimum land area and frontage. The minimum area and frontage for a planned unit development request involving office, commercial or industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal.

(11)

Streets. The following are general design standards for streets:

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.

c.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However a private street system should not serve as a reason for reduction of minimum design and paving standards in urban areas.

d.

On-street parking bays or other similar areas should not be approved.

(12)

Adjacent land uses. The following general guidelines should be used to establish the relationship of the planned unit development to abutting land uses:

a.

The master development plan map shall show graphically the treatments that will be employed to separate the planned unit development from abutting properties, including commitments to landscaping, screening, earth berms or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

(13)

Mixed land use developments. Where a planned unit development proposes a mix of uses which would generally be incompatible with a conventional development, the planned unit development master plan should specifically establish appropriate guidelines to ensure a harmonious development.

(14)

Common access. In commercial or industrial developments, the planned unit development master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets.

(c)

Streets and alleys for planned unit developments should be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections.

(Code 1977, § 17.44.050)

(a)

The developer and/or builder of a planned unit development shall follow a five-step application and review procedure:

(1)

Pre-application review;

(2)

Application for rezoning, and submission of the planned unit development master plan, including the design statement and master development plan;

(3)

Preliminary plat, where required by the subdivision regulations (chapter 106);

(4)

Final plat, where required by the subdivision regulations (chapter 106); and

(5)

Application for building permits and site plan review.

(b)

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted for the steps described in subsections (a)(3) and (4) of this section. The planning commission and city council may, however, review more than one step at the same public hearing.

(c)

Public hearings shall be required as follows:

(1)

Public hearings shall be held on the application for rezoning and the planned unit development master plan in accordance with regular procedures for zoning applications; provided, if the proposed rezoning includes a use that is allowed only in the C6 commercial special use district, then the notice required shall be in accordance with that required for C6 zoning amendments; and

(2)

Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

(Code 1977, § 17.44.060; Ord. No. 1037, § 10, 2-2-2010)

Prior to submission of an application for rezoning to a planned unit development, the applicant shall submit to the director a freehand pencil sketch plan drawn to approximate scale showing streets, lots, public areas and other significant features. The applicant should discuss with the director the procedure for adopting a planned unit development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. The intent of the pre-application review is to ascertain whether the development is feasible as proposed and to expedite and facilitate the approval of a planned unit development master plan.

(Code 1977, § 17.44.061)

(a)

Filing. The planned unit development application for rezoning shall be filed in accordance with regular procedures and on application forms of the city. Twelve copies of the planned unit development master plan shall be submitted with the application for rezoning and shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this chapter.

(b)

Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project, but no less than the minimum required for preliminary plats in the subdivision regulations (chapter 106). It shall show the following:

(1)

Location of proposed land uses, residential densities and structures;

(2)

Location of collector streets within the planned unit development and adjacent arterial streets;

(3)

Sufficient surrounding area to demonstrate the relationship of the planned unit development to adjoining uses, both existing and proposed;

(4)

Location and approximate size of proposed open space and recreation areas and landscaping;

(5)

Areas where access to streets will be limited, and location of driveways where appropriate;

(6)

Design of all off-street parking facilities, with design of ingress and egress; and

(7)

Any other pertinent information necessary for review, approval and administration of the planned unit development as determined by the director of community development. This could include but is not limited to showing the location of oil wells, towers or electrical lines.

(c)

Development design statement. The planned unit development design statement shall be a written report submitted as a part of the planned unit development master plan, containing a minimum of the following elements:

(1)

Title of the planned unit development;

(2)

List of the owners and developers;

(3)

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

(4)

Description of the planned unit development concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description of proposed building use types, proposed restrictions, and typical site layouts;

(5)

The existing planned unit development zoning districts in the development area and surrounding it;

(6)

A list of all special development regulations or the conventional zoning district regulations which will be applicable;

(7)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

(8)

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover and drainage information;

(9)

A topographic map with minimum two-foot contour intervals;

(10)

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

(11)

A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will remain private;

(12)

The proposed densities, and the use types and sizes of structures;

(13)

A description of the proposed sequence of development; and

(14)

If there is no plat required or if other methods authorized in the subdivision regulations are appropriate, then the items required by subsections (b)(1) and (2) of this section shall be submitted and approved as a part of the planned unit development master plan at the time of rezoning.

(Code 1977, § 17.44.062)

Upon approval of the planned unit development master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat exists and where there will be no extensive easements, no property owners' associations, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirement.

(Code 1977, § 17.44.063)

Where a subdivision plat has been required for a planned unit development, the developer shall prepare a final plat for review, approval and filing of record according to procedures established by the subdivision regulations (chapter 106). In addition to these procedures, the following shall apply:

(1)

The final plat shall include provisions for the ownership and maintenance of common open space. The open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the city council.

(2)

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including private streets and drives, service and parking areas, and recreation areas.

(3)

Covenants shall be submitted to reasonably ensure continued compliance with the approved planned unit development master plan. In order that the public interest may be protected, the city shall be made a beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, maintenance of common facilities, and access. Such covenants shall provide that the city may enforce compliance therewith.

(Code 1977, § 17.44.064)

A plot plan shall be submitted for planned unit developments upon the application for a building permit and reviewed in accordance with the procedures outlined in article II of this chapter.

(Code 1977, § 17.44.065)

(a)

Design review.

(1)

All planned unit development applications shall be reviewed through the design review process. Upon receipt of a completed application and application fee for planned unit development master plan review, the director shall transmit the application and all supporting material to the various city departments involved with the design review process and to appropriate officials or agencies of the city, the county, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or as mandated by law, including any review required by regional or state bodies under applicable state or federal law. Each participant shall consider all pertinent information, and shall provide the director with a report of its findings, comments and recommendations.

(2)

After receiving all comments, the director shall advise the applicant whether or not significant changes or modifications should be made to the planned unit development master plan application prior to the proposal's consideration by the planning commission. The applicant may elect to present the application to the planning commission without modification.

(3)

This process shall conform to the design review process in the subdivision regulations (chapter 106). Where a preliminary plat and a planned unit development master plan are submitted together, they may be reviewed concurrently.

(b)

Approval.

(1)

Upon final approval by the city council of the planned unit development master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map. The ordinance of rezoning shall adopt the planned unit development master plan by reference, and it shall be attached to the ordinance and become a part of the official records of the city.

(2)

The planned unit development master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with the plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the approved master development plan map for signature by the chairperson of the planning commission and the mayor, and acknowledgement by the city clerk. The planned unit development master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

(c)

Public hearings. Public hearings shall be required prior to approval of the planned unit development master plan. Notice shall be provided in accordance with regular procedures established by this chapter.

(Code 1977, § 17.44.070)

(a)

The director shall be permitted to approve minor amendments and adjustments to the planned unit development master plan provided the following conditions are satisfied:

(1)

The project boundaries are not altered.

(2)

Uses other than those specifically approved in the planned unit development master plan are not added. Uses may be deleted, but not to the extent that the character of the project is substantially altered.

(3)

The allocation of land to particular uses or the relationship of uses within the project is not altered by more than 15 percent.

(4)

The density of housing is not increased by more than ten percent or decreased by more than 30 percent.

(5)

The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.

(6)

Floor area, if prescribed, is not increased or decreased by more than ten percent.

(7)

Floor area ratios, if prescribed, are not increased.

(8)

Open space ratios, if prescribed, are not decreased.

(9)

Height restrictions, yard requirements, lot coverage restrictions and other area, height and bulk requirements prescribed in the planned unit development master plan are not substantially altered.

(10)

The circulation system is not substantially altered in design, configuration or location.

(11)

The design and location of access points to the project are not altered either in design or capacity.

(b)

The director shall determine if proposed amendments to an approved master development plan satisfy the criteria in this section. If the director finds that these criteria are not satisfied, an amended planned unit development master plan shall be submitted for full review and approval according to the procedures set forth in this chapter.

(Code 1977, § 17.44.080)

(a)

Reversion at property owner's request. If the property owner decides to revert the planned unit development concept and nullify the planned unit development master plan, he shall make application for rezoning either to the original status or to a new classification. The zoning application shall be heard according to regular procedures by the planning commission and city council.

(b)

Continuing review of project status. Development of at least one tract within a Planned Unit Development (PUD) shall begin within three years from approval date of the PUD master plan. If development has not begun, the city council, after hearing the planning commission's recommendation, may cause the reversion of the PUD to its former zoning classification(s). Development must also take place on at least one additional tract every three years after the initial three-year deadline, or the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications. This ordinance shall apply to all PUD rezoning applications approved after the effective date of this section.

To prevent the tracts in the PUD from reverting back to their former zoning classifications, one of the following must occur:

(1)

Development. In order for development to be considered to have begun, an application shall be made for a plat or building permit. Said permit or application fees shall be paid prior to the end of the three-year period. When construction of permanent improvements or structures is the method of development they must begin within six months of the purchase of said permit. When platting is the method of development there shall be at least a preliminary plat approved by council within one year of application. A final plat shall be approved within one year from date of approval of the preliminary plat, or neither will be considered to have begun and the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications.

(2)

Development time line.

a.

Application for permanent improvements or structures must be made within three years of effective date of the PUD. Actual construction must begin within six months of application; or

b.

Application for preliminary plat must be made within three years of the effective date of the PUD. Preliminary plat must be approved by council one year from date of application. Council must approve final plat within one year after the preliminary plat has been approved.

(3)

Extension. To request an extension, the owner may submit in writing to the city council not less than 60 days before the expiration, reason or reasons for not starting development within the PUD and request the actual extension of time required to begin development. The planning commission shall review all such requests and make a recommendation to the city council. The city council shall then review such requests and determine if the extension of time is warranted. At that time, the city council shall either grant or deny the extension or modify the time requested. Only one extension will be permitted, and if no development has taken place before the expiration of the extension, the city council, after hearing the planning commission's recommendation, may cause the reversion of all remaining undeveloped tracts within the PUD to their former zoning classifications.

(Code 1977, § 17.44.090; Ord. No. 877, § 1, 12-16-2003)

This chapter shall be enforced by a zoning administrator appointed by the city manager. It is a violation of this chapter for any person to change or permit change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit has been obtained under the provisions of this article.

(Code 1977, § 17.50.020)

(a)

Whenever any structure or building is to be improved in an amount exceeding $2,500.00, or erected, moved or structurally altered, a building permit shall be obtained from the zoning administrator. The administrator may require every applicant for a building permit to furnish the following information:

(1)

A plot plan, drawn to scale, which shows the topographic characteristics of the site at a contour interval of not less than two feet and also shows the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities;

(2)

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate;

(3)

Additional information relating to the proposed improvement needed to determine compliance with this chapter; and

(4)

A survey prepared by a land surveyor or an engineer registered in the state of the boundaries of the lot on which the improvement is proposed to be located.

(b)

The cost of a building permit shall be as set forth in section 42-18.

(Code 1977, §§ 17.50.021, 17.50.022)

The city council may, from time to time, on its own motion, on petition as set forth in section 122-52, or on recommendation of the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing is held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of the hearing shall be published in an official paper or paper of general circulation in the city at least 15 days prior to the hearing.

(Code 1977, § 17.50.030)

(a)

For each petition for amendment to this chapter or the comprehensive plan, any person shall provide in writing the following information:

(1)

A legal description of the property and the street address or approximate location in the city.

(2)

The present zoning classification of the property and the classification sought by the applicant.

(3)

The zoning application for any land or premises must be signed by the owner of the property or his duly designated agent, and unless signed shall not be considered.

No application for rezoning of any land or premises will be approved unless the owner of the property for which rezoning is being proposed agrees to dedicate a street right-of-way to the city.

(b)

The applicant shall deposit with the city clerk the application and notice fees as set forth in section 42-122.

(Code 1977, § 17.50.031; Ord. No. 1185, § 4, 4-2-2019)

A list of the property owners within 300 feet of a rezoning applicant's property shall be prepared and certified by an abstract company. For applications requesting rezoning to a C6 commercial special use district, a list of the property owners within 1,320 feet of a rezoning applicant's property shall be prepared and certified by an abstract company. This certified ownership list shall contain the legal description and the mailing address of the property owners and shall be submitted at the time of application for rezoning. The property owners affected shall be located on an accompanying map.

(Code 1977, § 17.50.032; Ord. No. 1037, § 2, 2-2-2010)

(a)

Following receipt of a complete application for a zoning map amendment or initiation of a zoning map amendment by the planning commission or city council, the planning commission shall hold a public hearing and make a report and recommendation to the city council. The planning commission shall recommend that the proposed amendment be approved, approved with modifications, or denied.

(b)

Notice of a public hearing before the planning commission of any petition for amendment shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the meeting headed "notice of redistricting" to all owners of property within a 300-foot radius of the exterior boundary of the property. The notice shall contain the information required in section 122-52 and shall set forth the date, time and place of the public hearing of all interested parties before the planning commission.

(c)

Notice of a public hearing before the planning commission of any petition for amendment for a use allowed only in a C6 commercial special use district shall be given by the secretary of the planning commission by mailing written notice at least 30 days in advance of the meeting headed "notice of redistricting" to all owners of property within a 1,320-foot radius of the exterior boundary of the property. The notice shall contain the information required in section 122-52 and shall set forth the date, time and place of the public hearing of all interested parties before the planning commission.

(d)

In addition to the notice under subparts (b) or (c), the secretary of the planning commission shall cause such notice to be published at least 15 days prior to the time fixed for the hearing in the official paper or publication in general circulation in the city.

(e)

A petition for amendment initiated by the city council or the planning commission shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the date of planning commission action for hearing before and city council action thereon.

(f)

A petition for amendment recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon.

(g)

A petition for amendment recommended for denial by the planning commission shall not be considered further, unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original filing fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council meeting pursuant to subparts (b), (c) and (d) herein.

(Code 1977, § 17.50.033; Ord. No. 1037, § 3, 2-2-2010; Ord. No. 1174, § 1, 9-4-2018)

State Law reference— Similar provisions, 11 O.S. § 43-106.

(a)

At the time set for hearing, the council shall proceed to conduct a hearing wherein all interested parties shall have the opportunity to be heard. Protests against proposed changes shall be filed at least three days before the date of public hearing before the city council. If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots included in the proposed change, or

(2)

The owners of 50 percent or more of the area of the lots within a 300- foot radius of the exterior boundary of the territory included in the proposed change, separated therefrom only by an alley or street, excluding property outside the city limits and public property, then the proposed change or amendment shall not become effective except by three-fifths favorable vote of all members of the municipal governing body.

(b)

It is the intent of the city council to vote upon applications for amendments to zoning regulations within 90 days of the filing of same by applicants with the city clerk.

(Code 1977, § 17.50.040(B); Ord. No. 796, § 1, 2-19-2002)

Petitions to amend this chapter heard and decided by the city council will not again be set down for hearing within six months of the date of the decision by the city council. Petitions may not be refiled with the planning commission within six months after the date of such decision by the city council. Petitions for zoning of the same property in a different zoning classification may, however, be refiled.

(Code 1977, § 17.50.041)

(a)

The city council may, after a public hearing and recommendation by the planning commission, authorize for specific parcels of land the issuance of a specific use permit.

(b)

The uses listed in the specific use list are so classified because of the size of the land they require or the specialized nature of the use, or they may more intensely dominate the area in which they are located or their effects on the general public are broader in scope than other types of uses permitted in the district.

(c)

The designation of a specific use permit as possible on the specific use permit list does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be valued as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

(d)

Specific use permits are subject to yearly review and renewal or termination and are subject to termination during the year if the use is no longer compatible with the area or the applicant is violating the conditions imposed on such use.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Editor's note— Ord. No. 1218, § 1, adopted Feb. 2, 2021, repealed the former § 122-57, and § 2 enacted a new § 122-57 as set out herein. The former § 122-57 pertained to application for conditional use permit and derived from Ord. No. 1023, § 2, adopted June 16, 2009; Ord. No. 1037, § 4, adopted Feb. 2, 2010; and Ord. No. 1185, § 5, adopted April 2, 2019.

(a)

Plans and data to be submitted. Prior to submission of a request for a specific use permit, the development director may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the city council relative to any application for a specific use permit, the planning commission will establish the requirements necessary for consideration of the application. The planning commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the planning commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use. Further, the planning commission may require such other information as necessary to evaluate the proposed specific use.

(b)

Planning commission requirements. The planning commission may, in the interest of the public welfare and to assure compliance with the intent of this ordinance and the Mustang Comprehensive Plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The planning commission may impose conditions including, but not limited to, bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use intensity/density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.

The planning commission may recommend to the city council that certain safeguards and conditions concerning bonding, insurance, setbacks, ingress and egress, off-street parking and loading arrangements and location or construction of buildings and uses and operation be required.

(c)

City council requirements. The city council shall have the same authority as the planning commission under subsection (b) and in addition may make additional requirements for review and conditions that in its discretion are in the interest of the public welfare and to assure compliance with the intent of this ordinance and the Mustang Comprehensive Plan.

(d)

Designation of zoning map. A specific use permit approved under the provisions of this zoning Code shall not be considered as an amendment to the zoning ordinance; however, the specific use permit shall be noted on the zoning map as follows: SUP - (the number of the request for a specific use permit). Any of the conditions contained in a specific use permit approval shall be considered as conditions precedent to the granting of a building permit for the approved specific use.

(e)

Time limits for implementation. If for any reason the approved specific use ceases operation for a period of two years, then the approval of said specific use shall be considered void and will require another public hearing review by the planning commission and city council. This shall also apply to any approved specific use that does not begin operation within two years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of the specific use permit ordinance, including non-conforming uses and their incidental and accessory uses, must receive a specific use permit before any expansion of the use is permitted.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Where the letter "R" appears for certain uses in sections 122-212, 122-241, 122-472, and 122-641 of the zoning district regulations, their use is a specific use that may be permitted subject to acquiring a specific use permit.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

Specific uses permitted shall comply with the most restrictive requirements of the zoning district in which the permitted use is located as set forth in the Mustang Zoning Code, except as may be modified by city council as provided in section 122-58.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

(a)

Filing of a petition for specific use permit. A petition for a specific use permit may be filed with the planning commission by the owner(s) of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form as the planning commission may establish. All petitions for a specific use permit shall be accompanied by a site plan of the proposed area showing the location and intended use of the site, of buildings, parking, and other pertinent data concerning the operation of the proposed use, and any other material pertinent to the request which the planning commission may require.

(b)

Fee for petition. The petition shall be accompanied by the payment of a filing fee of $200.00, and a notice fee as set forth in section 42-122. Said mailing fee shall consist of two parts, $150.00 for the hearing before the planning commission and $50.00 for the hearing before the city council. For specific use permits for uses in the C6 commercial special use district, the petition shall be accompanied by the payment of a filing fee of $500.00, and a notice fee as set forth in section 42-122. Said filing fee shall consist of two parts, $450.00 for the hearing before the planning commission and $50.00 for the hearing before the city council. For specific use permits for a sexually oriented business, the petition shall be accompanied by the payment of a filing fee of $5,000.00, and a notice fee as set forth in section 42-122. Said filing fee shall consist of two parts, $4,500.00 for the hearing before the planning commission and $500.00 for the hearing before the city council.

(c)

Notice of hearing.

(1)

Notice of a public hearing before the planning commission on the petition shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the hearing to all owners of property within a 300-foot radius of the exterior boundary of the property and such further notice deemed appropriate by the planning commission or the city council or otherwise required by Mustang ordinances. Fifteen days' notice of the public hearing shall be given by the planning commission by publication in a newspaper of general circulation in the City of Mustang. For specific use permits for uses in the C6 commercial special use district, notice of the public hearing before the planning commission shall be given at least 30 days in advance of the meeting to all owners of property within a 1,320-foot radius of the exterior boundary of the property.

(2)

The notice shall contain:

(i)

The date, time and place of the public hearing.

(ii)

The present zoning classification of the property and the nature of the specific use permit.

(iii)

The legal description of the property and street address or approximate location in the municipality.

(d)

Appeals and confirmation by city council.

(1)

A petition approved by the planning commission shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission hearing for city council action thereon, together with the planning commission's findings of fact and conclusions of law.

(2)

A petition recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning vommission, shall complete a notice of sppeal form available from the fevelopment firector and file it with the city clerk to request a hearing before the city council. If no such request is filed, then $50.00 of the original fee (or $500.00 for applications for a conditional use permit for a sexually oriented business) shall be refunded to the applicant. Upon filing of such request for hearing before the city council, the planning commission shall transmit to the city council its findings of fact and conclusions of Law and a copy of its minutes on the hearing. The city clerk shall notify all interested parties of record of the time and place of the city council meeting. If an appeal is timely filed, the city council shall establish a date specific for its decision and may affirm, reverse or remand the Findings of fact and conclusions of law of the planning commission.

(3)

The city council may either accept the findings of fact and conclusions of law of the planning commission, reverse the recommendation of the planning commission, modify the decision of the planning commission, or remand the matter for further consideration by the planning commission.

(e)

Reapplication or reconsideration of specific use request. The city is not required to reconsider requests denied by the city council for the same site unless the city determines there has been a material change in the petition. A material change is a substantial change in the petition as compared with prior petitions such that it warrants consideration as a new petition. A petition for a specific use permit for any portion of a site previously denied by the city council will be reviewed by the development director to determine if there has been a material change in the petition. The development director will notify the applicant of the decision. The determination of the development director may be appealed to the city manager within 15 days of the rendering of the decision.

(Ord. No. 1218, §§ 1, 2, 2-2-2021)

In order to process those uses which have not been identified within this Code or any zoning district as permitted uses or uses permitted on review, such other uses shall be considered for a special use permit. Therefore, this division allows the planning commission to review and recommend to the city council, and for the city council to authorize, by a majority of five affirmative votes, such uses to locate within a designated zoning district under the controls, limitations and regulations of a special use permit.

(Code 1977, § 17.39.010)

The decision to approve or disapprove the special use permit shall be within the legislative power of the city council and shall be based upon consideration of the health, safety and general welfare of the citizens and compatibility with the surrounding area, the size of land required, the specialized nature of the land use, and the impact on surrounding properties. It shall be the duty of the planning commission and city council under the provisions of this division to evaluate the impact of uses for which an application for a special use permit is submitted, and to stipulate any necessary conditions and restrictions, in addition to those specifically contained in this division, to ensure that the use remains compatible with the surrounding area. The city council may impose any additional terms or conditions necessary to protect the general character of the area and preserve the intent and purpose of this chapter and the comprehensive plan.

(Code 1977, § 17.39.020)

(a)

Application. An application for a special use permit shall be filed with the community development department. At the time of filing, the applicant shall pay the application and notice fees as provided in section 42-122 to cover the cost of public notice and investigation. The applicant shall submit a list of all record property owners and their current addresses within a 300-foot radius of the boundaries of the total site used for the special use permit described or the boundaries of the property ownership. For applications requesting a use that could include or accommodate a detoxification facility, a list of the property owners within 1,320 feet of the boundaries of the total site shall be prepared and certified by an abstract company.

(b)

Site development plan required. A complete site development plan shall be filed with each application.

(c)

Recommendation by planning commission; action by council.

(1)

The planning commission shall hold one or more public hearings on the application and prepare for the city council a report as to the effect of such proposed building conditions, public utilities, and other matters pertaining to the general welfare, and the recommendations of the planning commission concerning the use thereon.

(2)

A special use permit recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon. Thereupon, the city council will hold one or more public hearings, at which time it may authorize or deny the issuance of a special use permit for the use of the land.

(3)

A special use permit recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original permit fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council hearing pursuant to subpart (d) herein.

(d)

Notice of hearing. The planning commission shall set a date for a public hearing not less than 30 days nor more than 60 days from the date of the filing. Notice of such public hearing before the planning commission shall be given by the secretary of the planning commission by mailing written notice at least 20 days in advance of the meeting to all owners of property within a 300-foot radius of the exterior boundary of the property. For applications requesting a use that could include or accommodate a detoxification facility, notice of the public hearing before the planning commission shall be given at least 30 days in advance of the meeting to all owners of property within 1,320 feet of the boundaries of the total site.

(Code 1977, § 17.39.030; Ord. No. 1037, § 5, 2-2-2010; Ord. No. 1174, § 6, 9-4-2018; Ord. No. 1185, § 6, 4-2-2019)

(a)

No use approved under special use permit shall be commenced or maintained upon a lot or parcel except in accordance with the approved site plan.

(b)

All special use permits shall expire by default:

(1)

If the use is not established within 12 months and no extension is approved when a building permit has not been issued for construction. Within 12 months of city council approval the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he has contractors or applications for continual development within the next year following the original approval.

(2)

If the use, once established, has been discontinued for a period of 12 months or abandoned.

(c)

Whenever the building inspector finds that any proposed construction or occupancy will not, in his opinion, substantially comply with the special use permit, he shall refer the question to the city council for its review.

(d)

When the holder of a special use permit determines that an extension of time or modification of the site development plan or other requirement is necessary, he may apply for amendment in the same manner as the original application, including the payment of required fees. The amendment shall be processed in the same manner as an original application.

(Code 1977, § 17.39.040; Ord. No. 1037, § 5, 2-2-2010)

Once a special use permit has been granted for a particular use at a specified location, the use shall not be enlarged, extended, increased in intensity or relocated without an application for a new special use permit. In the event of a transfer of ownership of the property which is the subject of the special use permit, such permit shall terminate and it will be necessary for the new owner to apply for a new special use permit. After a special permit has been granted by the city council, the use and special use permit shall be reviewed every two years, and may be extended for an additional two years by the city council if all conditions imposed continue to be met. If the special use permit is not granted an extension, the reasons for denial shall be stated in writing, and the special use permit shall be terminated within 90 days after official notification by the city.

(Code 1977, § 17.39.050)

Within the districts established by this chapter or amendments that may later be adopted, there are uses, structures and lots which were lawful before October 18, 1983, or before this chapter was amended, but which became prohibited under the terms of this chapter or amendments to this chapter.

(Code 1977, § 17.46.010)

The lawful use of land existing on October 18, 1984, even though such use does not conform to the provisions of this chapter, may continue subject to the following provisions:

(1)

If the nonconforming use or any portion thereof is discontinued for a period of three months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(2)

A nonconforming use shall not be expanded or moved in whole or in part to any other portion of the lot or parcel on which it is located.

(Code 1977, § 17.46.020)

This section applies to nonconforming uses of conforming buildings. If a lawful use involving conforming individual buildings or structures, existing on October 18, 1984 or on the effective date of an amendment to this chapter, becomes nonconforming under the terms of this chapter, the use may continue, subject to the provisions of sections 122-94 through 122-98.

(Code 1977, § 17.46.030)

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification, but where the use of a nonconforming building or structure is changed to a use of a more restrictive district classification, it shall not thereafter be changed to a use of a less restricted district classification.

(Code 1977, § 17.46.031)

If a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building or premises shall thereafter conform to the use regulations of the district.

(Code 1977, § 17.46.032)

No nonconforming use, except when required by law, shall be enlarged, extended or reconstructed, unless such change is to a use permitted in the district.

(Code 1977, § 17.46.033)

When a nonconforming use of a building is damaged by fire, explosion, natural cause or public enemy by more than 50 percent of its true value, the building shall be restored only if it conforms with the district regulations.

(Code 1977, § 17.46.034)

Improvements or remodeling which do not increase the size or intensity of a nonconforming use shall be permitted.

(Code 1977, § 17.46.035)

This section applies to nonconforming buildings and structures with conforming uses. Although a structure or building does not conform to the district regulations of this chapter for minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of the ordinance from which this chapter is derived may continue, subject to the provisions of sections 122-100 through 122-103.

(Code 1977, § 17.46.040)

A nonconforming building or structure shall not be enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; however, if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition comply with the off-street parking requirements of the district in which the building or structure is located.

(Code 1977, § 17.46.041)

When a nonconforming building is damaged by fire, explosion, natural causes or a public enemy by more than 50 percent of its true value, it shall be restored only if it is done in a manner that conforms with the district regulations.

(Code 1977, § 17.46.042)

No nonconforming building shall be moved for any reason for any distance whatever unless it conforms to all provisions of the zoning district in its new location.

(Code 1977, § 17.46.043)

Improvements or remodeling of a nonconforming building which do not increase the size or intensity of use shall be permitted.

(Code 1977, § 17.46.044)

Nothing in this division shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect on the effective date of the ordinance from which this chapter is derived.

(Code 1977, § 17.46.050)

There is created within and for the city a board of adjustment with the powers and duties as set forth in this division.

(Code 1977, § 17.48.010)

State Law reference— Board of adjustment required, 11 O.S. § 44-101.

(a)

The board of adjustment shall consist of five members, each to be appointed for a term of three years and removable for the good of the service by the governing body upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members appointed shall be citizens of the city, each appointed by the governing body.

(b)

Only one member shall be appointed from the membership of the planning commission by the governing body. In this case expiration of membership on the planning commission shall also constitute expiration of membership on the board of adjustment.

(Code 1977, § 17.48.020; Ord. No. 918, § 1, 8-17-2004; Ord. No. 919, § 1, 8-17-2004)

State Law reference— Similar provisions, 11 O.S. § 44-101.

The board of adjustment shall adopt rules in accordance with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberation and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record.

(Code 1977, § 17.48.030)

State Law reference— Similar provisions, 11 O.S. § 44-102.

(a)

The board of adjustment shall have the power to:

(1)

Hear and decide appeals if it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or by a building or code enforcement official or inspector in the interpretation or enforcement of building, electrical, mechanical or plumbing codes in connection with a building or trade permit.

(2)

Hear and decide special exceptions to this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which, if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of this chapter.

(3)

Authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done; provided, however, that the board shall have no power to authorize variances as to use except as provided by subsection (a)(4) of this section.

(4)

Hear and decide oil and/or gas applications or appeals unless prohibited throughout the city by ordinance. The board of adjustment shall be required to make the findings prescribed by 11 O.S. § 44-107 in order to grant a variance as to use with respect to any such application or appeal.

(5)

Hear and determine any proceedings to revoke or suspend any electrical contractor's registration or any journeyman electrician's registration on the grounds set forth in section 18-144.

(b)

Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided in section 122-129. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question; otherwise the variance or special exception shall be voidable on appeal to the district court.

(Code 1977, § 17.48.040; Ord. No. 1271, § 1, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-104.

(a)

When exercising the powers provided for in section 122-124, the board of adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed and may make such order, requirement, decision or determination as ought to be made.

(b)

The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to this chapter and 11 O.S. § 44-104.

(Code 1977, § 17.48.050)

State Law reference— Similar provisions, 11 O.S. § 44-105.

The city council may authorize the board of adjustment to make special exceptions to the terms of this chapter in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in this chapter.

(Code 1977, § 17.48.060)

State Law reference— Similar provisions, 11 O.S. § 44-106.

Upon appeal, the board is empowered to permit the following exceptions:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to the ordinance from which this chapter is derived and made a part of this chapter.

(3)

To grant exceptions to the off-street parking requirements set forth in article X of this chapter when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with and that the proposed use will not create undue traffic congestion in the adjacent streets.

(4)

To grant exceptions to the side yard requirements for accessory detached private automobile garages on a lot where a conforming dwelling existed on October 18, 1984; provided, however, that no detached garage shall be permitted to be closer than 60 feet to the front property line or to be located closer than ten feet to a dwelling located on an adjacent lot.

(5)

To authorize by special permit the temporary location of one mobile home in an A-1 or R-E district for a period of time not to exceed one year under the following conditions:

a.

The mobile home shall be connected with a suitable water supply and sewer system and shall be in conformance with the health and sanitation laws of the city, county and state.

b.

The land on which the mobile home is located shall be owned by the occupant thereof, or the owner shall be related in the first degree to an occupant thereof.

c.

Only one mobile home unit shall be permitted to locate on a lot. The mobile home unit shall be temporary only, for a period of time which shall not exceed one year from the date of issuance of the permit.

d.

It is intended that a single mobile home unit be permitted to locate temporarily in an area that is relatively undeveloped. The location of mobile homes, even on a temporary basis, in established residential areas is not considered desirable. Therefore, no mobile home shall be permitted within 200 feet, including streets and alleys, of an existing dwelling.

(Code 1977, § 17.48.061; Ord. No. 1023, § 1, 6-16-2009)

(a)

Applications for variances shall be filed with the planning director, who shall distribute it to other appropriate city departments for review. The application shall be accompanied by the payment of the application fee and notice fee as set forth in section 42-122.

(b)

A variance from the terms of this chapter may be granted, as provided in this division, only upon a finding by the board of adjustment that:

(1)

The application of this chapter to the particular piece of property would create an unnecessary hardship;

(2)

Such conditions are peculiar to the particular piece of property involved;

(3)

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter or the comprehensive plan; and

(4)

The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

(c)

The applicant for a variance has the burden of showing that granting of a variance will not be contrary to the public interest, that literal enforcement of this chapter will result in unnecessary hardship, that by granting the variance the spirit of this chapter will be observed, and that by granting the variance substantial justice will be done.

(Code 1977, §§ 17.48.070, 17.48.071; Ord. No. 1185, § 7, 4-2-2019)

State Law reference— Similar provisions, 11 O.S. § 44-107.

(a)

Notice of a public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city and by mailing written notice by the clerk of the board of adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

(b)

The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:

(1)

A legal description of the property and the street address or approximate location in the city;

(2)

The present zoning classification of the property and the nature of the appeal, variance or exception requested; and

(3)

The date, time and place of the hearing.

(c)

On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten days prior to the hearing and shall contain the facts listed in subsection (b) of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the city council.

(Code 1977, § 17.48.080)

State Law reference— Similar provisions, 11 O.S. § 44-108.

(a)

Appeals to the board of adjustment from any action or decision of an administrative officer acting pursuant to any zoning ordinance to the board of adjustment shall be made in the following manner:

(1)

Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer.

(2)

An appeal shall be taken within 30 days from the date of the decision by filing with the city clerk and filing with the board of adjustment a written notice of appeal requesting a hearing and setting forth a brief statement of the grounds for such appeal, and by paying the filing and notice fees as set forth in section 42-122 at the office of the city clerk at the time the notice is filed. The applicant shall provide at the time of notice of appeal is filed a certified list of property owners within 300 feet of the property in question, prepared by a bonded abstract company. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.

(3)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken on due cause shown.

(4)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(b)

Appeals to the board of adjustment from any action or decision of a building or code enforcement official by any person aggrieved by any notice, order, requirement, decision, determination or interpretation made by a building or code enforcement official in connection with a building or trade permit shall be made in the following manner:

(1)

An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any interpretation of any code provision.

(2)

An appeal shall be filed not more than 15 days after the date of the decision or interpretation by the building or code enforcement official by filing with the city clerk and with the board of adjustment a written notice of appeal requesting a hearing and setting forth a brief statement of the grounds for such appeal. specifying the grounds therefor, and by paying the filing and notice fees as set forth in section 42-122 at the office of the city clerk at the time the notice is filed.

(3)

The building or code enforcement official shall forthwith transmit to the board all the papers constituting the record upon the action from which the appeal was taken, including the reports substantiating the position of the office.

(4)

An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken on due cause shown. An appeal stays all proceedings in furtherance of the action appealed from.

(5)

The chairperson shall fix a reasonable date and time for the hearing of an appeal. The date of the hearing be within 30 days of receipt of the written appeal. The appellant shall be given written notice of the date and time of the hearing by certified mail, return receipt requested. The appellant, his representative and any other person whose interest may be affected by the matter on appeal small be given an opportunity to be heard.

(6)

The board may modify or reverse any decision or order of the building or code enforcement official, in any particular case, when and only when in its opinion the strict application and enforcement thereof would result in peculiar and exceptional practical difficulties to or exceptional undue hardship upon or manifest injustice to an appellant and would be contrary to the spirit and the purpose of this article or the public interest, or when it has been determined that the true intent has been incorrectly interpreted.

(7)

Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the evidence and testimony received at the hearing accorded by the board. The ruling shall specify the reason for granting, denying or modifying the appeal and shall indicate the vote upon the decision. Every decision shall be filed with the board of adjustment and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the community development director for two weeks after filing.

(Code 1977, § 17.48.090; Ord. No. 1185, § 8, 4-2-2019; Ord. No. 1271, § 2, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-109.

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to the district court for the county; provided, findings and decisions issued by the board of adjustment in an appeal from any action or decision of a building or code enforcement official regarding any notice, order, requirement, decision, determination or interpretation in connection with a building or trade permit shall be final and binding on the parties thereto, provided further that any person aggrieved by such findings and decisions may seek relief therefrom by filing suit in a court of competent jurisdiction within a time period as prescribed by state law.

(b)

The appeal shall be taken by filing with the city clerk and with the clerk of the board of adjustment, within 15 days, a notice of appeal. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.

(c)

Upon filing the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board.

(d)

The appeal shall be heard and tried de novo (without a jury) in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

(e)

During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for, and the district court grants, a stay pending the district court's determination of the merits of the appeal as provided by state law.

(f)

The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions.

(g)

The authority and jurisdiction of the board of adjustment to hear and determine an appeal from any action of a building or code enforcement official regarding any notice, order, determination or interpretation of the any building code or building or trade permits shall supersede all other ordinances, codes or provisions in conflict with same.

(Code 1977, § 17.48.100; Ord. No. 1271, § 3, 8-2-2022)

State Law reference— Similar provisions, 11 O.S. § 44-110.

There is created an A-1 general agricultural and oil and gas district in the city, which is intended to provide an area primarily for either agricultural endeavors or the extraction of various products such as oil, minerals, rock and gravel from the earth. Drilling for and extraction of oil and natural gas is permitted under the regulations of the district provided that a permit for the drilling and operation of the oil or gas well has been first obtained as provided by the terms of chapter 74, article II.

(Code 1977, § 17.08.010)

Property and buildings in an A-1 district shall be used only for those uses which have a "P" or an "R" in the A-1 category listed in this section. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

*Reviewed by the planning commission and city council only as per chapter 74, article II.

(Code 1977, §§ 17.07.020, 17.08.020; Ord. No. 683, § 1, 3-17-1997; Ord. No. 774, § 1, 4-17-2001; Ord. No. 775, § 1, 4-17-2001; Ord. No. 1023, § 4, 6-16-2009; Ord. No. 1173, § 2, 9-4-2018; Ord. No. 1218, § 10, 2-2-2021; Ord. No. 1283, § 5, 3-7-2023)

Intensity of uses in the A-1 agricultural and oil and gas district are those permitted uses and uses permitted on review that are in accordance with provisions contained in sections 122-126 and 122-127.

(Code 1977, § 17.07.010)

(a)

Minimum lot area. In the A-1 district, there shall be a lot area of not less than five acres for each dwelling and buildings accessory thereto, except as provided in article IX of this chapter.

(b)

Nonconforming lots. Where a lot has less area than required in this division and all the boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any of the uses permitted by this division.

(c)

Raising of animals and poultry. The raising of animals or poultry shall be in accordance with the ordinances of the city and in accordance with the following provisions:

(1)

There shall be provided a fenced area of not less than 20,000 square feet, exclusive of the area covered by main buildings and required front and side yards, for each large animal, including horses, cattle and sheep, and all structures and buildings for the care and protection of animals shall be located not closer than 20 feet to a side or rear lot line.

(2)

Animals and poultry may not be kept on any lot of less than two acres which does not contain an occupied dwelling.

(3)

The raising of hogs shall be prohibited on all tracts of less than 40 acres. The number of hogs over two months of age shall not exceed 20 grain-fed or five garbage-fed hogs. Hogs shall not be located closer than 100 feet to the property line of the tract in which they are located.

(Code 1977, § 17.08.030)

There shall be minimum lot width of 100 feet in the A-1 district.

(Code 1977, § 17.08.040)

All buildings in the A-1 district shall be set back from street right-of-way lines to comply with the following yard requirements, except as provided in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 50 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 65 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Side and rear yards. There shall be a side yard setback of 25 feet and a rear yard setback of 50 feet required for either main or accessory buildings.

(Code 1977, § 17.08.050)

Main and accessory buildings in the A-1 district shall not cover more than 25 percent of the lot area on interior lots and 30 percent of the lot area on corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.08.060)

No building in the A-1 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.08.070)

All lots in the A-1 district shall be landscaped and maintained per article IX, division 2 of this chapter.

(Code 1977, § 17.08.080)

Property and buildings in the defined residential districts shall be used only for those uses which have a "P" or an "R" in the zoning districts listed in the following table. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.09.020; Ord. No. 683, § 1, 3-17-1997; Ord. No. 776, § 1, 4-17-2001; Ord. No. 777, § 1, 4-17-2001; Ord. No. 1023, § 5, 6-16-2009; Ord. No. 1218, § 11, 2-2-2021)

(a)

The owner of a residence may obtain a permit to occupy a travel trailer for a temporary period when an unforeseen hazard involving a vehicular accident, fire, or natural disaster has made a single-family residence unsafe for occupancy.

(b)

An application for a permit for temporary occupancy shall be made by the owner within six months from the date of the unforeseen hazard on a form approved by the city manager, and shall include the following:

(1)

The name of the owner of the affected property, the street address of the affected property, the number of acres included in the affected property, and the current zoning of the affected property.

(2)

Three copies of a complete site plan illustrating the proposed location of the travel trailer, and showing the location thereof in relation to property boundaries and applicable set back lines.

(3)

Photographs of the travel trailer.

(4)

A statement affirming the owner's intention to rebuild the permanent residence on the affected property.

(5)

Such other information as deemed necessary or appropriate by the city manager.

(c)

Conditions.

(1)

The travel trailer must be placed on the property where construction is planned, and no portion therefore may be placed within ten feet of a property boundary, beyond an applicable set back line, over a utility easement, or in the sight triangle of an intersection.

(2)

Permits for temporary occupancy may be issued only to the owner of the affected residence at the time of the unforeseen hazard. Only the owner of the affected residence and the owner's family may occupy a travel trailer or recreational vehicle under a permit for temporary occupancy issued pursuant to this section.

(3)

Permits for temporary occupancy are valid for up to 12 months from the date of issuance. For good cause shown, the city inspector may extend a permit for temporary occupancy for a period not to exceed six months. An extension for more than six months may be granted only upon approval of the city council.

(4)

Only one permit for temporary occupancy is allowed for a property lying in a single-family zoning district, or on any tract of five acres or less.

(5)

The travel trailer must be skirted where appropriate, and be in compliance with manufacturer safety requirements.

(6)

The travel trailer shall contain a kitchen area and restroom facility.

(7)

Where available, municipal refuse, electric, water and sewer service shall be provided and connected to the travel trailer, as appropriate, during the period of temporary occupancy. Where the property is serviced by a septic or other private refuse system, the travel trailer shall be connected to such private sewer system during the period of temporary occupancy.

(8)

Permits for temporary occupancy shall terminate upon the occurrence of any of the following:

a.

Three months having passed since the date of issuance and no building permit being issued to rebuild or restore the primary residence on the property; provided, for good cause shown the city inspector may extend this period for an additional three months.

b.

The primary residence having been restored or rebuilt to a point where it can be occupied.

c.

Two years having passed from the date of issuance of the temporary permit.

(d)

The fee for a temporary permit under this section shall be the amount set forth in subsection 42-122(e) of this Code.

(Ord. No. 1100, § 1, 2-18-2014)

The R-E district provides single-family residential housing with rural amenities. Special attention should be given to overall design and location of lots within this district to ensure adequate light, air and open space are provided and to protect the area from being subject to intensified zoning once the district has been established and developed.

(Code 1977, § 17.10.010)

See section 122-241. Property and buildings in an R-E district shall be used only for those uses which have a "P" or an "R" in the R-E category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.10.020; Ord. No. 1023, § 6, 6-16-2009; Ord. No. 1218, § 12, 2-2-2021)

(a)

Minimum lot area. For a single-family dwelling in the R-E district, there shall be a lot area of not less than three-quarters acre for each dwelling and buildings accessory thereto, except as provided in article IX of this chapter.

(b)

Nonconforming lots. Where a lot has less area than required in this division and all the boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any of the uses, except churches, permitted by this division.

(c)

Raising of animals and poultry. The raising of animals or poultry shall be in accordance with the ordinances of the city and in accordance with the following provisions:

(1)

There shall be provided a fenced area of not less than 20,000 square feet, exclusive of the area covered by the main buildings and required front and side yards, for each large animal, including horses, cattle and sheep, and all structures and buildings for the care and protection of animals shall be located not closer than 20 feet to a side or rear lot line.

(2)

Animals and poultry may not be kept on any lot of less than two acres which does not contain an occupied dwelling.

(3)

The raising of hogs shall be prohibited on all tracts of less than 40 acres. The number of hogs over two months of age shall not exceed 20 grain-fed or five garbage-fed hogs. Hogs shall not be located closer than 100 feet to the property line of the tract in which they are located.

(Code 1977, § 17.10.030)

For dwellings in the R-E district, there shall be a minimum lot width of 55 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet.

(Code 1977, § 17.12.040)

All buildings in the R-E district shall be set back from street right-of-way lines to comply with the following yard requirements, except as provided in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, but shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than ten feet for dwellings of one story, and of not less than 15 feet for dwellings of more than one story, except as provided in article IX of this chapter.

b.

For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located more than 90 feet behind the front lot line.

c.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case; provided, however, that the side yard setback adjacent to a federal, state or county highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

d.

Churches and main accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all interior side lot lines a distance of not less than 35 feet. The side yard setback from the intersecting street on the corner lot shall be the same as required in subsection (3)c of this section.

(Code 1977, § 17.10.050; Ord. No. 1138, § 2, 5-3-2016)

Main and accessory buildings in the R-E district shall not cover more than 25 percent of the lot area on interior lots, and 30 percent of the lot area on corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.10.060)

No building in the R-E district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.10.070)

All lots in the R-E district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.10.080)

The principal use of land in the R-1 district is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1977, § 17.12.010)

See section 122-241. Property and buildings in an R-1 district shall be used only for those uses which have a "P" or an "R" in the R-1 category listed. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.12.020; Ord. No. 1023, § 7, 6-16-2009; Ord. No. 1218, § 13, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling in the R-1 district, there shall be a lot area of not less than 7,200 square feet for each dwelling and building accessory thereto, except as provided in section 122-841.

(b)

Nonconforming lots. Where a lot has less area than required in this division and all the boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any of the uses permitted by this division.

(c)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.12.030; Ord. No. 916, § 1, 8-3-2004)

For dwellings in the R-1 district, there shall be a minimum lot width of 60 feet at the front building line, and such lot shall abut on a street for a distance of not less than 45 feet.

(Code 1977, § 17.12.040; Ord. No. 917, § 1, 8-3-2004)

All buildings in the R-1 district shall be set back from street right-of-way lines to comply with the following yard requirements, except as provided in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet; provided, if 50 percent or more of the front lot is situated on a cul-de-sac or eyebrow curve, the minimum depth of the front yard shall be 25 feet. For purposes of this subsection, an "eyebrow curve" shall mean a partial bulb located adjacent to the serving road that provides access to lots and can serve as a vehicle turnaround, which bulb has a minimum 50-foot radius to property line or 40-foot radius to the curve.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, and shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet back of the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.12.050; Ord. No. 950, § 1, 11-15-2005; Ord. No. 1138, § 3, 5-3-2016)

Main buildings in the R-1 district shall not cover more than 35 percent of the lot area on interior lots and 40 percent of the lot area on corner lots. Accessory buildings shall not cover more than 15 percent of the rear yard.

This regulation shall apply only to plats applied for after the effective date of this section. Any dwellings built prior to the effectiveness of this section may be rebuilt at up to its previous lot area coverage.

(Code 1977, § 17.12.060; Ord. No. 924, § 1, 11-2-2004)

No building in the R-1 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.12.070)

All lots in the R-1 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.12.080)

The R-2 district is a residential district intended to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through the consideration of the proper functional relationship and arrangement of each element.

(Code 1977, § 17.14.010)

See section 122-241. Property and buildings in an R-2 district shall be used only for those uses which have a "P" or an "R" in the R-2 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.14.020; Ord. No. 1023, § 8, 6-16-2009; Ord. No. 1218, § 14, 2-2-2021)

(a)

Single-family dwellings. For each single-family dwelling and accessory building in the R-2 district, there shall be a lot area of not less than 6,600 square feet, except as provided in section 122-841.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet.

(c)

Two-family dwellings. For each two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Nonconforming lots. Where a lot has less area than required in this division and all boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any use permitted in the R-2 district.

(Code 1977, § 17.14.030)

(a)

Single-family dwellings. For single-family dwellings in the R-2 district, or single-family dwellings and garage apartments, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut on a street for a distance of not less than 20 feet for each dwelling unit.

(Code 1977, § 17.14.040)

All buildings in the R-2 district shall be set back from the street right-of-way to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of the main building and shall not encroach on any easement. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.14.050; Ord. No. 1138, § 4, 5-3-2016)

Main and accessory buildings in the R-2 district shall not cover more than 30 percent of the lot area on interior and corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.14.060)

No building in the R-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.14.070)

All lots in the R-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.14.080)

The R-3 district is intended to provide for multiple-family development which has a concentration of dwelling units served by open spaces, including common areas and facilities. The principal use of land is for townhouses and multiple-family dwellings and recreational, religious and educational uses normally located to service the basic elements of convenient, balanced and attractive living areas.

(Code 1977, § 17.16.010)

See section 122-241. Property and buildings in an R-3 district shall be used only for those uses which have a "P" or an "R" in the R-3 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.16.020; Ord. No. 1023, § 9, 6-16-2009; Ord. No. 1218, § 15, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling in the R-3 district there shall be a lot area of not less than 6,600 square feet.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet.

(c)

Two-family dwellings. For a two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Townhouses and multiple-family units. For townhouses and multiple-family units, there shall be a lot area of not less than 5,445 square feet per unit.

(e)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall not be less than that required in an R-3 district, and shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.16.030; Ord. No. 845, § 1, 7-15-2003)

(a)

Single-family dwellings. For single-family dwellings in the R-3 district, and for single-family dwellings and garage apartments located on the same lot, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut a street for a distance of not less than 20 feet for each dwelling unit.

(c)

Townhouses. For townhouse dwellings, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(d)

Multiple-family dwellings. For multiple-family dwellings, there shall be a minimum lot width of 60 feet at the front building line, and the width shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the structure; however, the lot width at the front building line shall not be required to exceed 150 feet. The front lot line shall abut a street for a distance of not less than 55 feet.

(Code 1977, § 17.16.040)

All buildings in the R-3 district shall be set back from street right-of-way or property lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

(2)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easement. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of attached dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story, and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.16.050; Ord. No. 1138, § 5, 5-3-2016)

Main and accessory buildings in the R-3 district shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Code 1977, § 17.16.060)

No building in the R-3 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.16.070)

(a)

Requirements. Whenever any new R-3 low-density multi-family residential land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade shall be constructed between the R-3 low-density multi-family residential land use and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot lines and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-3 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-3 low-density multi-family residential use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-3 low-density multi-family residential districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-3 low-density multi-family residential district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-3 low-density multi-family residential districts. In those R-3 low-density multi-family residential districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-3 low-density multi-family residential district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.16.080; Ord. No. 817, § 1, 10-1-2002)

All lots in the R-3 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.16.090)

All two-family dwellings, townhouses and multiple-family units in the R-3 district shall have a brick or masonry facade covering 100 percent of all sides of the building, excluding gabled ends.

(Ord. No. 846, § 1, 7-15-2003)

The R-4 district is a higher density residential district which encourages multiple-family residential developments representing a broad variety of housing types and densities. The principal use of land can range from single-family to multiple-family uses. Certain uses which are functionally more compatible with intensive residential uses rather than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1977, § 17.18.010)

See section 122-241. Property and buildings in an R-4 district shall be used only for those uses which have a "P" or an "R" in the R-4 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.18.020; Ord. No. 1023, § 10, 6-16-2009; Ord. No. 1218, § 16, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling and accessory buildings in the R-4 district, there shall be a lot area of not less than 6,600 square feet.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than 1,700 square feet more than is required for the two-family or multiple-family dwelling.

(c)

Two-family dwellings. For a two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Townhouses. For each townhouse dwelling unit, including an accessory building, there shall be a lot area of not less than 4,356 square feet.

(e)

Multiple-family units. For multiple-family dwellings there shall be provided a lot area of not less than 43,560 square feet for up to ten units. An additional 4,356 square feet shall be added to the minimum lot area requirement for each multiple-family housing unit more than ten which is located on a lot.

(f)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.18.030; Ord. No. 847, § 1, 7-15-2003; Ord. No. 848, § 1, 7-15-2003)

(a)

Single-family dwellings. For single-family dwellings in the R-4 district, and for a single-family dwelling and garage apartment located on the same lot, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut on a street for a distance of not less than 20 feet for each dwelling unit.

(c)

Townhouses. For townhouse dwellings, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(d)

Multiple-family dwellings. For multiple-family dwellings, there shall be a minimum lot width of 100 feet at the front building line, and the width shall be increased by ten feet for each additional dwelling unit exceeding ten which is located on a lot; however, the lot width at the front building line shall not be required to exceed 150 feet. The front lot line shall abut a street for a distance of not less than 50 feet.

(Code 1977, § 17.18.040)

All buildings in the R-4 district shall be set back from street right-of-way or property lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. For main buildings other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building, and shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story, and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.18.050; Ord. No. 1138, § 6, 5-3-2016)

Main and accessory buildings in the R-4 district shall not cover more than 35 percent of the lot area; provided, however, that a townhouse located on a lot with a rear yard abutting a common open space as authorized in section 122-383(d) may cover not more than 40 percent of the lot area exclusive of the common area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Code 1977, § 17.18.060)

No building in the R-4 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.18.070)

(a)

Requirements. Whenever any new R-4 multi-family residential land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any sub-category thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the R-4 multi-family residential land use and the adjacent residential tract or lot. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-4 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-4 multi-family residential use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-4 multi-family residential districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-4 multi-family residential district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-4 multi-family residential districts. In those R-4 multi-family residential districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-4 multi-family residential district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.18.080; Ord. No. 818, § 1, 10-1-2002)

All lots in the R-4 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.18.090)

All two-family dwellings, townhouses and multiple-family units in the R-4 district shall have a brick or masonry facade covering 100 percent of all sides of the building, excluding gabled ends.

(Ord. No. 849, § 1, 7-15-2003)

The R-MH-1 district is a restrictive residential district. The principal use of land is a freestanding manufactured home used as a single residence. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for manufactured homes. This district provides for individual lots which allow the manufactured home owner to own the property on which his home is situated. Provision is made for related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for manufactured homes and related facilities, and through the consideration of proper functional relationship and arrangement of each element. A minimum subdivision size is established to ensure that a sufficiency of compatible housing types can be established to create a desirable environment.

(Code 1977, § 17.20.010; Ord. No. 704, § 1, 1-19-1999)

(a)

See section 122-241. Property and buildings in an R-MH-1 district shall be used only for those uses which have a "P" or an "R" in the R-MH-1 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq. Property and buildings in an R-MH-1 district shall be used as follows:

(1)

Permitted uses include manufactured homes, churches, synagogues, temples, golf courses, libraries, parks, playgrounds, public buildings and schools.

(2)

Uses permitted on review include day care centers, electric regulating stations and museums.

(b)

A mobile home is not allowed in the R-MH-1 district. (See section 122-1 for the definition of mobile home.)

(Code 1977, § 17.20.020; Ord. No. 704, § 1, 1-19-1999; Ord. No. 1023, § 11, 6-16-2009; Ord. No. 1218, § 17, 2-2-2021)

(a)

Minimum subdivision size. A minimum subdivision size of 15 acres is established for the R-MH-1 district, which shall be platted in accordance with the subdivision regulations.

(b)

Lot area for dwellings. For each dwelling and accessory buildings thereto, there shall be a lot area of not less than 6,600 square feet.

(Code 1977, § 17.20.030; Ord. No. 704, § 1, 1-19-1999)

For dwellings in the R-MH-1 district, there shall be a minimum lot width of 55 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet.

(Code 1977, § 17.20.040; Ord. No. 704, § 1, 1-19-1999)

All buildings in the R-MH-1 district shall be set back from the street right-of-way to comply with the following yard requirements:

(1)

Front yard. The front yard shall have a minimum depth of 30 feet.

(2)

Double frontage lots. When a lot has double frontage, the front yard requirements shall be provided on both streets.

(3)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, but shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(4)

Side yard for interior lots. Side yards for dwellings located on interior lots shall be not less than five feet on each side. Unattached buildings or accessory use buildings shall have side yards of not less than five feet.

(5)

Side yard for corner lots. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet.

(Code 1977, § 17.20.050; Ord. No. 704, § 1, 1-19-1999; Ord. No. 1138, § 7, 5-3-2016)

Main and accessory buildings in the R-MH-1 district shall not cover more than 25 percent of the lot area on interior lots, and 30 percent of the lot area on corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.20.060; Ord. No. 704, § 1, 1-19-1999)

No building in the R-MH-1 district shall be more than 35 feet in height.

(Code 1977, § 17.20.070; Ord. No. 704, § 1, 1-19-1999)

All home structures in the R-MH-1 district shall have an attached or detached garage consistent with the material and appearance of the dwelling.

(Code 1977, § 17.20.080; Ord. No. 704, § 1, 1-19-1999)

All lots in the R-MH-1 district shall be landscaped and maintained per article IX, division 2 of this chapter.

(Code 1977, § 17.20.090; Ord. No. 704, § 1, 1-19-1999)

Manufactured homes in an R-MH-1 district shall conform with the following:

(1)

The minimum width shall be 26 feet.

(2)

Exterior veneer material must be consistent with the other homes in the R-MH-1 zoning district

(3)

The roof of each home must be a gable or hip type of construction with a minimum pitch of 5:12.

(4)

Each home must be attached to a foundation compatible with the current adopted code for a single-family dwelling as adopted in section 18-31.

(Ord. No. 704, § 1(17.20.100), 1-19-1999)

The R-MH-2 district permits locations for mobile home parks, which, while a residential environment, are not generally compatible with normal residential developments. These parks are under a single ownership and provide leased or rented mobile home spaces. This district should provide for an orderly arrangement of homesites in mobile home parks that have been located and designed in a manner that will promote and protect the health, safety and general welfare of the residents.

(Code 1977, § 17.22.010)

See section 122-241. Property and buildings in an R-MH-2 district shall be used only for those uses which have a "P" or an "R" in the R-MH-2 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.22.020; Ord. No. 1023, § 12, 6-16-2009; Ord. No. 1218, § 18, 2-2-2021)

(a)

Minimum park area; intensity of use. The minimum area of any park in the R-MH-2 district shall be 15 acres. Intensity of development shall be limited to no more than eight mobile homes per gross acre for a mobile home park and no more than 12 travel trailers per gross acre for a travel trailer park.

(b)

Mobile home and trailer spaces. Each mobile home and travel trailer space shall have a minimum of not less than 4,000 net square feet.

(Code 1977, § 17.22.030)

In the R-MH-2 district, there shall be a minimum space width of 40 feet at the front building line, and such space shall abut on a drive or street for a distance of not less than 30 feet.

(Code 1977, § 17.22.040)

All buildings in the R-MH-2 district shall be set back from street right-of-way lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard. Mobile homes and all other structures shall be located no less than 25 feet from access drives or from the street right-of-way.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the space, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings of one story located on interior spaces, there shall be a side yard on each side of the main building of not less than five feet for one-story main buildings, and not less than eight feet for main buildings of more than one story. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side space line when all parts of the accessory building are located not less than 90 feet back of the access drive or street.

b.

For dwellings and accessory buildings located on corner spaces, there shall be a side yard setback from the intersecting drive or street of not less than 15 feet in case such space is back-to-back with another corner space, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior space.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.22.050; Ord. No. 1138, § 8, 5-3-2016)

Main and accessory buildings in the R-MH-2 district shall not cover more than 35 percent of a mobile home space.

(Code 1977, § 17.22.060)

No building in the R-MH-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.22.070)

(a)

Requirements. Whenever any new R-MH-2 mobile home park land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the R-MH-2 mobile home park land use and the adjacent residential tracts or lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-MH-2 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-MH-2 mobile home park use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-MH-2 mobile home park districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-MH-2 mobile home park district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-MH-2 mobile home park districts. In those R-MH-2 mobile home park districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-MH-2 mobile home park district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.22.080; Ord. No. 819, § 1, 10-1-2002)

All lots in the R-MH-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.22.090)

The following is a list of commercial zoning districts available in the city. Intensity of usage increases from C1 to C6. Uses permitted in C1 are also permitted in C2 through C6. Permitted uses in C2 are also permitted in C3 through C6. Permitted uses in C3 are also permitted in C4 through C6. Permitted uses in C4 are also permitted uses in C5 through C6. Permitted uses in C5 are also permitted uses in C6. Permitted uses in C6 include all commercial districts.

(Ord. No. 717, § I(17.23.10), 9-7-1999; Ord. No. 1037, § 7, 2-2-2010)

_____

Property and buildings in the defined commercial districts shall be used only for those uses which have a "P" or "R" in the zoning districts listed below. The letter P indicates a use that is permitted by right. The letter R signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 717, § I(17.23.20), 9-7-1999; Ord. No. 806, § 1, 4-16-2002; Ord. No. 850, § 1, 7-15-2003; Ord. No. 979, § 1, 10-3-2006; Ord. No. 990, § 1, 3-6-2007; Ord. No. 1023, § 13, 6-16-2009; Ord. No. 1037, § 8, 2-2-2010; Ord. No. 1173, § 3, 9-4-2018; Ord. No. 1217, § 10, 2-2-2021; Ord. No. 1283, § 6, 3-7-2023)

_____

Unless specifically stated otherwise, the following requirements shall apply to all commercial districts.

(1)

Lot width. For buildings, there shall be a minimum lot width of 100 feet at the front building line and such lot shall abut a street for a distance of not less than 100 feet.

a.

Where a tract abuts a section line road or a state highway a distance of not less than 100 feet, and is commercially developed and platted as a unified tract, the requirement that a portion of each lot abuts a street may be met by showing that the lot abuts a common access driveway for the required distance.

b.

Common access driveway means one or more shared private driveways intended to provide access for vehicles from the roadway of an approved public street to private property.

c.

Common access driveways must be identified as such on the preliminary and final plat, must be restricted to use for ingress and egress only, and must meet all requirements for fire, emergency and other required access. Common access driveways must be constructed to the standards for streets to be dedicated to the public.

d.

Where lot access is provided through a common access driveway, the face of the preliminary and final plat shall include statements that access to lots within the platted area is limited to the common access driveway (except as otherwise shown on the plat), that the common access driveway is not a public street, and that maintenance of the common access driveway shall be the responsibility of owners of lots within the platted area. The city may require covenants to be submitted to reasonably ensure continued maintenance of the common access driveway, which covenants shall provide that the city may enforce compliance therewith.

(2)

Yard requirements. The following requirements shall apply to commercial districts:

a.

Front yard. All buildings shall setback from the street right-of-way line to provide a front yard at least 30 feet in depth. Where commercially zoned property frontage is along a designated state highway there shall be a 50-foot setback for all buildings from the right-of-way and/or property line.

b.

Rear yard. When any commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof, of not less than 30 feet. In all other cases if delivery service and firefighting capabilities can be maintained there shall be a rear yard for a main building of not less than 25 feet. Unattached or accessory buildings may not be located in the rear yard of a main building other than those designated for trash or recycling activities, and shall not encroach on any easement or be constructed closer than ten feet of the property line when abutting residential and/or agricultural zoned districts. Areas designated for trash and/or recycling activities, when adjacent to residential or agriculturally zoned property, shall not exceed six feet in height nor be located in required landscaping areas.

Any commercial activity which involves or requires outside communication devices for the public and/or delivery or service activities shall not locate said device(s) closer than 35 feet to the rear property line. Such devices shall be set to accommodate the minimum necessary volume for the activity being conducted.

The rear yard setback shall also be modified when a proposed building exceeds a total of 20 feet in height when any portion of the rear yard abuts a residential and/or agricultural zoned district. The building height shall include all facades and/or decorative features. In cases where the building height is greater than 20 feet from the finished grade, the rear yard setback shall be increased by two feet for every one foot of height increase above 20 feet. This provision shall not be construed as allowing a maximum total building height exceeding the limit set forth in subparagraph (3), below.

c.

Side yard. For attached buildings, there shall be no side yard requirements, except as required by the fire code. For unattached buildings, there shall be a side yard setback of not less than five feet where abutting commercially zoned properties. For buildings and accessory buildings located on corner lots not designated as section line roads and/or state highways, there shall be a side yard setback from the intersecting streetof no less than 25 feet. On corner lots abutting section line roads and/or state highways, the side yard setback shall be 35 feet in all cases. The interior side yard on a corner lot shall be the same as for buildings and accessory buildings on an interior lot where abutting commercially zone properties; and when adjoining a residential district, a side yard of not less than 15 feet shall be provided.

(3)

Height requirements. No building shall exceed 35 feet in height.

(4)

Fencing, lighting and noise.

a.

Requirements.

1.

Whenever any new commercial land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the commercial and residential lots. Such fence shall be maintained by the commercial property owner in good condition, as determined by the community development director. This fence shall be placed along the rear lot line and along the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the commercial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. This provision shall supersede all other fencing and lighting requirements for commercial districts which may be contrary to this provision.

2.

Whenever any land zoned for C-3, C-4 or C-5 commercial use is established so that the rear line abuts a lot of tract in any existing rural estates, single-family, two-family, low density multiple-family residential district, including a residential planned unit development (PUD), then the fence required under subsection (4)(a)1. shall be a masonry fence meeting the requirements of subparagraph (iv), below.

3.

Whenever any new commercial land use is established so as to abut the side or rear line of a lot or tract in any existing rural estates, single-family, two-family, low density multiple-family residential district, including a residential planned unit development (PUD), and the commercial land use is such that high volumes of vehicular or pedestrian traffic may be generated or encouraged, including but not limited to retail convenience stores, retail intensive shopping centers, restaurants with exterior seating areas, and automobile car washes, then the fence required under subsection (4)(a)1. shall be a masonry fence not less than six feet nor more than eight feet high, as measured from the finished grade, constructed between the commercial and residential lots along the entire length of the adjoining property line. The masonry fence shall be of opaque material consisting of stone, brick, masonry block or split-faced masonry block. Wood, plastic, metal, imitation stone or concrete, or other material not made of stone, brick or masonry are not approved materials for construction of the separating fence between commercial and residential uses. Construction of the masonry fencing shall have an approved footing and construction plans as approved by the community development department; be required to have all necessary inspections as determined by the chief inspector; and be reinforced to the extent as to not be susceptible to collapse under adverse weather conditions. This may include, but not be limited to, steel reinforcement, concrete reinforcement or other measures to ensure stable conditions and longevity of the fence.

4.

For purposes of this subdivision, a residential use shall be considered an existing use if both a preliminary plat and a final plat have been filed and approved by the city.

b.

Fencing plan to be part of preliminary and final plats.

1.

At the time of submission of an application for building permit for any commercial district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

2.

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

c.

Fencing plan in commercial districts. In those commercial districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the commercial district.

d.

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

e.

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(5)

Landscaping. All lots shall be landscaped and maintained per sections 122-871, 122-877 and other applicable codes of the city.

(6)

Requirements. The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(7)

Building materials. Within 300 feet of any section line road, unpainted concrete block, plain concrete, corrugated metal, sheet metal, plywood or sheet press board may not be used as exterior finish materials, excluding architectural grade metal roofs, overhangs or decorative metal trim approved by the director of community development during plan review. Foundation material may be plain concrete or plain concrete block where the foundation material does not extend more than two feet above ground level.

(Ord. No. 717, § I(17.23.30), 9-7-1999; Ord. No. 813, § 1, 10-1-2002; Ord. No. 855, § 1, 8-19-2003; Ord. No. 1001, § 6, 2-19-2008; Ord. No., 1004, § 1, 4-1-2008; Ord. No. 1005, § 1, 6-3-2008)

As an application for zoning is processed and considered with public hearings by the planning commission and city council, the planning commission or city council may, on the approval of the applicant, lower the commercial zoning to a lower, less intensity, zoning classification without a new application being filed for consideration, for example, a C5 application could be amended to a C3 application; however, a C3 application could not be amended to a C5 application. It is specifically provided that any such amendments shall not waive the requirements regarding the necessity for certain uses being permitted upon review.

(Ord. No. 713, § I(17.23.40), 9-7-1999)

A building with mixed uses shall comply with the greater zoning use restrictions, as denoted by the higher number; for example, C5 is a greater use restriction than C4.

(Ord. No. 717, § I(17.23.50), 9-7-1999)

The C1 district is intended primarily for business and professional offices that are compatible with residential uses. The district is suitable for business, consulting, executive or administrative offices. It is designed to serve as a transition zone between commercial and residential districts, and to provide a district for office space without the more intensive retail uses of the commercial zone district.

(Code 1977, § 17.24.010; Ord. No. 717, § I(17.24.010), 9-7-1999)

Property and buildings in a C1 district shall be used only for those uses which have a "P" or an "R" in the C1 category listed in section 122-472. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.24.020; Ord. No. 717, § I(17.24.020), 9-7-1999; Ord. No. 1023, § 14, 6-16-2009; Ord. No. 1218, § 19, 2-2-2021)

For main and accessory buildings there shall be no minimum lot area requirements except as provided in article IX of this chapter; provided, maximum building coverage (including main and accessory buildings) in C-1 zoned districts shall not exceed 40 percent of the total lot area.

(Ord. No. 717, § I(17.24.30), 9-7-1999; Ord No. 1001, § 1, 2-19-2008)

The general requirements for all commercial districts contained in section 122-473 apply to this district, but shall not exceed one story in height.

(Ord. No. 717, § I(17.24.40), 9-7-1999; Ord. No. 1005, § 2, 6-3-2008)

Main and accessory buildings shall not cover more than 40 percent of the lot area.

(Ord. No. 717, § I(17.24.50), 9-7-1999; Ord. No. 1001, § 7, 2-19-2008)

No building or structure in the OPB district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.24.070)

The general requirements for all commercial districts contained in section 122-473 apply to this district. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1977, § 17.24.080; Ord. No. 1005, § 3, 6-3-2008)

All lots in the OPB district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.24.090)

This commercial district is intended for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

(Code 1977, § 17.26.010; Ord. No. 717, § I(17.25.10), 9-7-1999)

Property and buildings in a C2 district shall be used only for those uses which have a "P" or "R" in the C2 category listed in section 122-472. Note, that items in a C1 district are also permitted in a C2 district. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 717, § I(17.25.20), 9-7-1999; Ord. No. 1023, § 15, 6-16-2009; Ord. No. 1218, § 20, 2-2-2021)

For main and accessory buildings there shall be no minimum lot area requirements except as provided in article IX of this chapter; provided, maximum building coverage (including main and accessory buildings) in C-2 zoning districts shall not exceed 45 percent of the total lot area.

(Ord. No. 717, § I(17.25.30), 9-7-1999; Ord. No. 1001, § 2, 2-19-2008)

Main and accessory buildings shall not cover more than 45 percent of the lot area.

(Ord. No. 717, § I(17.25.40), 9-7-1999; Ord. No. 1001, § 8, 2-19-2008)

The general requirements for all commercial districts contained in section 122-473 apply to this district, but shall not exceed one story in height.

(Ord. No. 717, § I(17.25.50), 9-7-1999)

The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(Ord. No. 717, § I(17.25.60), 9-7-1999)

No building in the CN district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.26.070)

The general requirements for all commercial districts contained in section 122-473 apply to this district. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1977, § 17.26.080; Ord. No. 1005, § 4, 6-3-2008)

All lots in the CN district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.26.090)

This commercial district is intended to provide a place for those types of commercial activities that require separate buildings and building groups surrounded by landscaped yards and open area. Generally, the uses associated with this district require a larger tract of land than those associated with less intense districts.

(Code 1977, § 17.28.010; Ord. No. 717, § I(17.28.010), 9-7-1999)

Property and buildings in a C3 district shall be used only for those uses which have a "P" or "R" in the C3 category listed in section 122-472. Note, that items in a C1 and C2 district are also permitted in a C3 district. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 717, § I(17.26.20), 9-7-1999; Ord. No. 1023, § 16, 6-16-2009; Ord. No. 1218, § 21, 2-2-2021)

For main and accessory buildings there shall be no minimum lot area requirements except as provided in article IX of this chapter.

(Ord. No. 717, § I(17.26.30), 9-7-1999; Ord. No. 1001, § 3, 2-19-2008)

There shall be no maximum building coverage for C-3 districts, except to the extent necessitated by the requirements of article IX of this chapter.

(Ord. No. 717, § I(17.26.40), 9-7-1999; Ord. No. 1001, § 9, 2-19-2008)

The general requirements for all commercial districts contained in section 122-473 apply to this district.

(Ord. No. 717, § I(17.26.50), 9-7-1999)

The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(Ord. No. 717, § I(17.26.60), 9-7-1999)

No building or structure in the CG district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.28.070)

The general requirements for all commercial districts contained in section 122-473 apply to this district. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1977, § 17.28.080; Ord. No. 1005, § 5, 6-3-2008)

All lots in the CG district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.28.090)

This commercial district is intended to provide a place for intensive commercial uses. Outside display and storage of completely assembled merchandise is permitted as per this division.

(Ord. No. 717, § I(17.28.10), 9-7-1999)

Property and buildings in a C5 district shall be used only for those uses which have a "P" or "R" in the C5 category listed in section 122-472. Note that items in C1, C2, C3 and C4 districts are also permitted in a C5 district. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 717, § I(17.28.20), 9-7-1999; Ord. No. 1023, § 17, 6-16-2009; Ord. No. 1218, § 22, 2-2-2021)

For main and accessory buildings there shall be no minimum lot area requirements except as provided in article IX of this chapter.

(Ord. No. 717, § I(17.28.30), 9-7-1999; Ord. No. 857, § 1, 8-19-2003; Ord. No. 1001, § 4, 2-19-2008)

There shall be no maximum building coverage for C-5 districts, except to the extent necessitated by the requirements of article IX of this chapter.

(Ord. No. 717, § I(17.28.40), 9-7-1999; Ord. No. 1001, § 10, 2-19-2008)

The general requirements for all commercial districts contained in section 122-473 shall apply to this district, except in a C5 district the lot width shall be a minimum width of 100 feet at the building line.

(Ord. No. 717, § I(17.28.50), 9-7-1999; Ord. No. 858, § 1, 8-19-2003)

(a)

Common off-street parking is required in a C4 district in accordance with article X of this chapter.

(b)

The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(c)

Ornamental fences or evergreen plantings shall screen materials which are not completely assembled or which are not immediately and actively being offered for sale, or items shall be enclosed in permanent buildings, so it cannot be seen from a public street.

(d)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operations shall be conducted within a completely enclosed building.

(Ord. No. 717, § I(17.28.60), 9-7-1999)

No building in the CI district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.30.070)

The general requirements for all commercial districts contained in section 122-473 apply to this district.

(Code 1977, § 17.30.080; Ord. No. 1005, § 6, 6-3-2008)

All lots in the CI district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.30.090)

(a)

In the CI district, merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the other screening requirements of this division, be so screened by ornamental fences or evergreen planting or by permanent buildings that they cannot be seen from a public street.

(b)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operations shall be conducted within a completely enclosed building.

(Code 1977, § 17.30.100)

This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of people residing in the adjacent residential neighborhoods. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials.

(Ord. No. 717, § I(17.27.10), 9-7-1999)

Property and buildings in a C4 district shall be used only for those uses which have a "P" or "R" in the C4 category listed in section 122-472. Note, that items in a C1, C2 and C3 district are also permitted in a C4 district. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 717, § I(17.27.20), 9-7-1999; Ord. No. 1023, § 18, 6-16-2009; Ord. No. 1218, § 23, 2-2-2021)

The parcel of land zoned as a C4 district shall not be less than 12,000 square feet in area. Platting for this C4 district shall allow more than one shop or store in a C4 district.

(Ord. No. 717, § I(17.27.30), 9-7-1999; Ord. No. 854, § 1, 8-19-2003; Ord. No. 1001, § 5, 2-19-2008)

There shall be no maximum building coverage for C-4 districts, except to the extent necessitated by the requirements of article IX of this chapter.

(Ord. No. 717, § I(17.27.40), 9-7-1999; Ord. No. 1001, § 11, 2-19-2008)

The general requirements for all commercial districts contained in section 122-473 shall apply to this district, except in a C4 district the lot width shall be a minimum width of 150 feet at the building line.

(Ord. No. 717, § I(17.27.50), 9-7-1999; Ord. No. 856, § 1, 8-19-2003)

Parking requirements for a C4 district shall be in accordance with article X of this chapter. The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(Ord. No. 717, § I(17.27.60), 9-7-1999)

No building or structure in the SC district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.32.070)

The general requirements for all commercial districts contained in section 122-473 apply to this district. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1977, § 17.32.080; Ord. No. 1005, § 7, 6-3-2008)

All lots in the SC district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.32.090)

In the SC district, off-street parking requirements set forth in article X of this chapter may be complied with by providing a permanent common off-street parking facility for all of the uses within the shopping center, provided that the lot contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; provided, however, that in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than 2½ times the gross floor area of the shopping center.

(Code 1977, § 17.32.100)

An application for rezoning for a shopping center shall include the following, in addition to the administrative requirements set forth in article II of this chapter:

(1)

Site development plan required. The developer shall submit site development plans of the proposed development which shall be in adequate detail to determine compliance with the provisions of this division, and which shall show the arrangement of the buildings, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts, and utility and drainage easements and facilities, and the relationship of the shopping center development to adjacent areas which it may affect.

(2)

Evidence of intent. Evidence that indicates to the satisfaction of the planning commission the ability and intent of the developer to carry out the development of the shopping center in accordance with the plans submitted in accordance with subsection (1) of this section shall be submitted.

(3)

Conformance with approved plans. Any substantial deviation from the plat or building plans submitted at the time of rezoning shall constitute a violation of the building permit authorizing construction of the shopping center. Substantial changes in plans shall be resubmitted to the planning commission to ensure compliance with the requirements and purpose and intent of this division, and no building permit shall be issued for any construction which is not in substantial conformity with the approved plan.

(Code 1977, § 17.32.110)

This commercial district is established for those uses which, because of special concerns related to the activity, and because of special notice requirements imposed by Oklahoma law, may require more detailed analysis and review, and implementation of special notice and use requirements protecting the interests of those in surrounding districts.

(Ord. No. 1037, § 9, 2-2-2010)

Property and buildings in a C6 commercial special use district shall be used only for those uses which have a "P" or "R" in the C6 category listed in section 122-472. Note that items in C1, C2, C3, C4 and C5 districts are also permitted in a C6 district. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Ord. No. 1037, § 9, 2-2-2010; Ord. No. 1218, § 24, 2-2-2021)

For main and accessory buildings there shall be no minimum lot area requirements except as provided in article IX of this chapter.

(Ord. No. 1037, § 9, 2-2-2010)

There shall be no maximum building coverage for C6 commercial special use district, except to the extent necessitated by the requirements of article IX of this chapter.

(Ord. No. 1037, § 9, 2-2-2010)

The general requirements for all commercial districts contained in section 122-473 shall apply to this district, except in a C6 commercial special use district the lot width shall be a minimum width of 100 feet at the building line.

(Ord. No. 1037, § 9, 2-2-2010)

(a)

Common off-street parking is required in a C6 commercial special use district in accordance with article X of this chapter.

(b)

The requirements for the district zoned shall be applicable, regardless of whether the use is also permitted in other zoning districts.

(c)

Ornamental fences or evergreen plantings shall screen materials which are not completely assembled or which are not immediately and actively being offered for sale, or items shall be enclosed in permanent buildings, so it cannot be seen from a public street.

(d)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operations shall be conducted within a completely enclosed building.

(Ord. No. 1037, § 9, 2-2-2010)

No building in the C6 commercial special use district shall exceed two and one-half stories or 35 feet in height.

(Ord. No. 1037, § 9, 2-2-2010)

The general requirements for all commercial districts contained in section 122-473 apply to this district.

(Ord. No. 1037, § 9, 2-2-2010)

All lots in the C6 commercial special use district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Ord. No. 1037, § 9, 2-2-2010)

(a)

In the C6 commercial special use district, merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the other screening requirements of this division, be so screened by ornamental fences or evergreen planting or by permanent buildings that they cannot be seen from a public street.

(b)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operations shall be conducted within a completely enclosed building.

(Ord. No. 1037, § 9, 2-2-2010)

(a)

The city council has found that sexually oriented businesses require special supervision from the public safety agencies and community development agencies of the city in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as well as the citizens of the city. Sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature. There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. It is recognized that sexually oriented businesses, due to their nature, have serious and objectionable operational characteristics that contribute to urban blight and downgrade the quality of life in the adjacent area. The city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry. This is done to protect the citizens from increased crime, preserve the quality of life, preserve the property values and character of surrounding neighborhoods, and deter the spread of urban blight. The city council does not condone or legitimize the distribution of obscene material. The council recognizes that state and federal law prohibits the distribution of obscene materials, and therefore expects and encourages all law enforcement officials to enforce state obscenity statutes against any such illegal activities within the city. Based on these findings, it is the intent of the city council to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city.

(b)

The location of sexually oriented businesses shall be in compliance with applicable commercial zoning regulations of the city and may not be located within 1,000 feet of:

(1)

Any building primarily and regularly used for worship services or religious activities;

(2)

Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; a school includes the school grounds, but does not include facilities used primarily for another purpose such as offices and vehicle maintenance facilities and only incidentally used by students;

(3)

Any public or private fraternal organization;

(4)

Any public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, golf course, basketball or tennis courts, wilderness area, or other similar land within the city which is under the control, operation, or management of the parks department or any public trusts, provided that a recreation area as used in this article shall not be interpreted as including turnpikes and highways that also contain jogging or bicycle paths;

(5)

Any public library;

(6)

A premises licensed pursuant to the alcoholic beverage control regulations of the state where any beverage containing alcohol is sold, distributed or served;

(7)

An entertainment business which is oriented primarily towards children or family entertainment;

(8)

Any other sexually oriented business; or

(9)

Any land zoned or used for residential purposes.

The distance between a sexually oriented business and any use named above shall be measured in a straight line, without regard to the intervening structures, objects or political boundaries, from the nearest exterior boundary of the parcel or the premises where a sexually oriented business is conducted, to the nearest property boundary of the premises of a listed use. For purposes of determining measured distance, property situated on the opposite side of the street shall be considered as if it were located on the same side of the street with the sexually oriented business.

(c)

The following conditions shall be imposed on any specific use permit granted for a sexually oriented business:

(1)

The business may not operate between the hours of 11:00 p.m. and 9:00 a.m. the following day, and may not operate on Sunday;

(2)

No one under the age of 21 years may be allowed to enter or be upon, or be employed by, such business;

(3)

No low-point beer, beer, wine, alcoholic beverage, mixed drinks, or any other similar substance which is regulated by the Oklahoma Alcoholic Beverage Law Enforcement Commission or which requires a license from local government as a condition to selling may be served or sold within or upon the premises;

(4)

Any other conditions determined to be appropriate by city staff, the planning commission or the city council.

(d)

Any person, firm, or corporation who violates any provision of this article shall be guilty of an offense, and upon conviction shall be punished, subject to the provisions of section 1-7. For purposes of this provision, each day that the violation occurs shall be deemed a separate violation.

(Ord. No. 1037, § 9, 2-2-2010; Ord. No. 1218, § 25, 2-2-2021)

Property and buildings in the defined industrial districts shall be used only for those uses which have a "P" or an "R" in the zoning districts listed in the following table. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.33.020; Ord. No. 989, § 1, 2-20-2007; Ord. No. 993, § 1, 5-15-2007; Ord. No. 1023, § 19, 6-16-2009; Ord. No. 1173, § 4, 9-4-2018; Ord. No. 1217, § 11, 2-2-2021; Ord. No. 1283, § 7, 3-7-2023)

_____

The purpose of the I-1 light industrial district is to provide a location for low-impact industrial developments which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit non-industrial uses.

(Code 1977, § 17.34.010)

Any use constructed, established, altered or enlarged in the I-1 industrial district after October 18, 1984, should be operated so as to comply with the following standards. No use already established on October 18, 1984, should be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-1 light industrial district.

(1)

No building should be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or service should be permitted except those listed in section 122-641 for the I-1 district.

(3)

All operations, activities and storage (but not to include off-street parking and loading of motor vehicles in operating condition) should be conducted and maintained wholly inside buildings, except that storage may be maintained outside a building if no part is less than 15 feet from any lot line of the tract on which the use is located, and provided any such storage area is screened from other property with a decorative sight-proof fence or planting.

(4)

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, should be detectable at any boundary line of the I-1 district.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise should be carried on in such a manner so as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No fuel or energy except electricity, natural and/or liquefied petroleum, and solar energy should be used.

(7)

No raw materials should be processed into any of the following basic products: metals of any kind, glass, plastic, textiles, leather or paper.

(8)

All premises should be furnished with all-weather hard-surfaced walks. Except for parking areas, the grounds shall be planted and landscaped.

(9)

The manufacture or the use of any materials which produce explosive vapors or gases is prohibited.

(10)

Any operation that produces intense glare or heat should be performed within a completely enclosed building, and exposed sources of light should be screened so as not to be detectable at the lot lines of the zoned parcel.

(Code 1977, § 17.34.020)

See section 122-641. Property and buildings in an I-1 district shall be used only for those uses which have a "P" or an "R" in the I-1 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.34.030; Ord. No. 1023, § 20, 6-16-2009; Ord. No. 1218, § 26, 2-2-2021)

For main and accessory buildings in the I-1 district, there shall be a lot area of not less than 14,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.34.040)

All lots in the I-1 district shall be at least 100 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.34.050)

The following requirements shall apply to all uses permitted in the I-1 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Detached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easement.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.34.060)

Main and accessory buildings and loading facilities in the I-1 district shall not cover more than 40 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.34.070)

No building or portion thereof in the I-1 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.34.080)

(a)

Requirements. Whenever any new Industrial-1 land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the industrial property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-1 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-1 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-1 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-1 districts. In those Industrial-1 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-1 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.34.090; Ord. No. 814, § 1, 10-1-2002)

All lots in the I-1 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.34.100)

No structure or use in the I-1 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.34.110)

The purpose of the I-2 moderate industrial district is to provide locations for industry which may generate low levels of noise, odor, smoke, dust or glare which shall be contained within an enclosed building and are not a hazard to the surrounding areas. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit non-industrial use.

(Code 1977, § 17.36.010)

Any use constructed, established, altered or enlarged in the I-2 moderate industrial district after October 18, 1984, shall be operated as to comply with the following standards. No use already established on October 18, 1984, shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 moderate industrial district.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except those listed in section 122-641 for the I-2 district.

(3)

No storage, manufacture or assembly of goods shall be conducted out of a building unless properly screened pursuant to section 122-699.

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid direct light upon property located in any residential districts.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise shall be carried on in such a manner so as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No activities involving storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted.

(Code 1977, § 17.36.020)

See section 122-641. Property and buildings in an I-2 district shall be used only for those uses which have a "P" or an "R" in the I-2 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a conditional use that may be permitted subject to acquiring a conditional use permit in accordance with section 122-57.

(Code 1977, § 17.36.030; Ord. No. 1023, § 21, 6-16-2009)

For main and accessory buildings in the I-2 district, there shall be a lot area of not less than 20,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.36.040)

All lots in the I-2 district shall be at least 200 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.36.050)

The following requirements shall apply to all uses permitted in the I-2 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easements.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.36.066)

Main and accessory buildings and loading facilities in the I-2 district shall not cover more than 50 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.36.070)

No building or portion thereof in the I-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.36.080)

(a)

Requirements. Whenever any new Industrial-2 land use is established so as to abut the side or rear line of a lot or tract in any existing Residential District or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than eight feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-2 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-2 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-2 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-2 districts. In those Industrial-2 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-2 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.36.090; Ord. No. 815, § 1, 10-1-2002)

All lots in the I-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.36.100)

No structure or use in the I-2 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.36.110)

The purpose of the I-3 heavy industrial district is to provide a location for industries which may by their very nature create nuisances, but which do not create noxious nuisances or a hazard to surrounding areas. The intent is to preserve this land especially for industry in locations with access to primary major arterials and rail service. Even though this district caters to industries which may create a substantial nuisance, it does not permit industries which by the nature of their operation emit odors, gases, dust, noise, smoke, heat, glare or vibration in sufficient quantities so as to constitute a hazard to the public health, safety and general welfare.

(Code 1977, § 17.38.010)

Any use constructed, established, altered or enlarged in the I-3 heavy industrial district after October 18, 1984, shall be operated as to comply with the following standards. No use already established on October 18, 1984, shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-3 heavy industrial district.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted except those listed in section 122-641 for the I-3 district.

(3)

No storage, manufacture or assembly of goods shall be conducted out of a building unless properly screened pursuant to section 122-729.

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid direct light upon property located in any residential district.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, wares and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odors, glare or heat, fire or explosive hazards.

(6)

No activities involving storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted.

(Code 1977, § 17.38.020)

See section 122-641. Property and buildings in an I-3 district shall be used only for those uses which have a "P" or an "R" in the I-3 category listed in section 122-641. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.38.030; Ord. No. 1023, § 22, 6-16-2009; Ord. No. 1218, § 27, 2-2-2021)

For main and accessory buildings in the I-3 district, there shall be a lot area of not less than 25,000 square feet, except as provided in article IX of this chapter.

(Code 1977, § 17.38.040)

All lots in the I-3 district shall be at least 250 feet in width and abut on a street for a distance of not less than 60 feet.

(Code 1977, § 17.38.050)

The following requirements shall apply to all uses permitted in the I-3 district:

(1)

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard not less than 30 feet in depth.

(2)

Rear yard. In all cases, there shall be a rear yard not less than 30 feet in depth, except when abutting a residential district the distance from the property line to any building shall be 50 feet. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easements.

(3)

Side yard.

a.

There shall be a minimum side yard setback of 15 feet on either side of the property line.

b.

There shall be a minimum side yard setback of 25 feet on the street side of any lot which abuts a street.

(Code 1977, § 17.38.060)

Main and accessory buildings and loading facilities in the I-3 district shall not cover more than 50 percent of the lot area, and in no case shall the gross floor area of the main building exceed the area of the lot.

(Code 1977, § 17.38.070)

No building or portion thereof in the I-3 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.38.080)

(a)

Requirements. Whenever any new Industrial-3 land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, ten feet high, as measured from the finished grade, shall be constructed between the industrial and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot lines and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the industrial lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence and, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the Industrial-3 use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for Industrial-3 districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any Industrial-3 district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, and, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed fencing to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for fencing is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in Industrial-3 districts. In those Industrial-3 districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the Industrial-3 district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.38.090; Ord. No. 816, § 1, 10-1-2002)

All lots in the I-3 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.38.100)

No structure or use in the I-3 district shall be erected, commenced or allowed to continue which does not have a connection to a public or private sewer system or wastewater treatment facility considered adequate and effective by the city engineer or city inspector and the state department of health.

(Code 1977, § 17.38.110)

The requirements of this article are intended to provide exceptions to or qualify and supplement, as the case may be, the specific district regulations set forth in articles IV through VII of this chapter.

(Code 1977, § 17.40.010)

No open space or lot area for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

(Code 1977, § 17.40.020)

Open eaves, cornices, windowsills and belt courses may project into any required yard a distance not to exceed two feet. Open porches may project into a front or rear yard a distance not to exceed five feet.

(Code 1977, § 17.40.030)

Fences, walls and hedges in residential districts may be permitted in any required yard or along the edge of any yard; provided that no fence, wall or hedge located in front of the front building line shall exceed three feet in height, and no other wall or fence shall exceed six feet in height. On corner lots, fencing on side yards that adjoin a street shall not extend in front of the front building line.

(Code 1977, § 17.40.040; Ord. No. 1176, § 1, 10-2-2018)

Where the dedicated right-of-way is less than 50 feet, the depth of the front yard shall be measured at a starting point 25 feet from the centerline of the street easement.

(Code 1977, § 17.40.050)

No dwelling shall be erected on a lot which does not abut on at least one street for the minimum width allowed in the zoning district where it is located. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. Provided this chapter is complied with, a garage apartment may be built to the rear of a main dwelling.

(Code 1977, § 17.40.060)

The sight triangle at intersections is defined as a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection. On all corner lots no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two feet and six feet above the crown of the adjacent roadway shall be placed or maintained in this area.

(Code 1977, § 17.40.070)

An attached or detached private garage which faces on a street shall not be located closer than 30 feet to the street right-of-way line.

(Code 1977, § 17.40.080)

Except in the A-1 district, no accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.

(Code 1977, § 17.40.090)

Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement or orientation or an innovative site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning commission.

(Code 1977, § 17.40.100)

The 2002 edition of the Oklahoma Department of Environmental Quality, Title 252, Oklahoma Administrative Code, Chapter 641, "Individual and Small Public On-Site Sewage Disposal Systems" guidelines and all subsequent amendments or revisions are adopted by reference.

(Code 1977, § 17.40.110; Ord. No. 828, § 1, 11-19-2002)

The following regulations qualify or supplement, as the case may be, the specific district regulations appearing in articles IV through VII of this chapter:

(1)

In measuring heights, a habitable basement or attic shall be counted as a story; provided that a story in a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(Code 1977, § 17.40.120)

Whenever a multiple-family dwelling or group of multiple-family dwellings is designed with an inner or outer court, the following requirements shall be met:

(1)

The width of an outer court upon which windows open shall be not less than ten feet, or equal to the height of the opposingwall, whichever is greater; and in no case shall an outer court be less than five feet in width or equal to 70 percent of the height of the opposing wall, whichever is greater.

(2)

The width of an inner court of a multiple-family dwelling shall be not less than two times the height of the lowest wall forming the court, but in no case shall it be less than 20 feet.

(3)

An open unobstructed passageway shall be provided at the grade of each inner court. Such passageway shall be not less than 12 feet in width, shall have a clearance of not less than 12 feet in height, and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street.

(Code 1977, § 17.40.130)

Automobiles, commercial vehicles and trailers of all types, including utility, hauling, travel, camping and boat trailers and camper shell, shall not be parked or stored within any residential area except in accordance with the following provisions:

(1)

Semi-tractors.

a.

Upon issuance of a permit as provided under this section, a semi-tractor may lawfully be parked in a residential driveway, provided:

1.

Permits shall only be issued to persons legitimately owning or renting the real property.

2.

Permits shall only be issued to owner/operators of persons legitimately leasing, lease-purchasing, or owning a semi-tractor.

b.

Notwithstanding the above, the right to park, is subject to the following conditions:

1.

A semi-tractor may not be parked in a street or upon the street right-of-way.

2.

A semi-tractor may not block a city sidewalk or city right-of-way.

3.

No repair work or maintenance relating to the semi-tractor shall be conducted.

4.

No person shall sleep in a semi-tractor.

5.

No semi-tractor engine may be left running at any time when it is parked.

6.

No semi-tractor's radio, or other noise generating component shall be generated or set to operate at any time.

7.

Only one semi-tractor may be permitted per home.

8.

Semi-tractors shall be parked with the front of the vehicle towards the building line or structure to maximize the visibility of others.

9.

In no instance shall a trailer be attached to the semi-tractor under this section.

10.

No semi-tractor shall be parked or stored on the street, street right-of-way, or yard in a residential area.

11.

No semi-tractor shall be parked more than 15 days, or portions thereof, in any calendar month.

c.

Permits.

1.

The community development department shall issue permits and permit stickers after reasonable determination that the applicant does and can comply with all provisions of this section, including sufficient driveway length and proprietary status of the semi-tractor.

2.

The permit shall specify the address or location where such parking will be permitted.

3.

Permits are not transferable.

4.

Permit stickers shall be affixed as directed so as to be visible from the street.

5.

There shall be a $25.00 annual fee, renewable on or before July 1. Fees shall not be prorated.

6.

Not more than one commercial vehicle which exceeds 1½ tons rated capacity, per family living on the premises, shall be permitted and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.

d.

Revocation of permit. In addition to the penalties set forth herein or any other remedies which may be available to the city, violation of this section or any provision thereof will subject the owner or possessor of the semi-tractor and/or the owner or occupant of the real property upon which the semi-tractor is parked to revocation of the permit by the community development director upon ten days written notice to the owner or lessor of the semi-tractor. The revocation of the permit by the community development director may be appealed in writing to the city manager within ten days of the revocation whose decision shall be final. In cases where the permit has been revoked for violation of any portion of this section, a new permit shall not be issued before the next annual renewal date of July 1.

e.

Effect of other Code Provisions. The granting of a permit under this section shall supersede those provisions elsewhere in this Code prohibiting the parking of such semi-tractors under and to the extent of the terms and conditions as stated in this section. It is specifically provided that only the terms and conditions specifically stated in this section supersede other provisions pertaining to semi-tractors.

(2)

Semi-tractors, RV's, boats, campers, and travel trailers.

a.

Semi-tractor, boat, RV, camper shell, camping or travel trailer, or utility, hauling or boat trailer shall be permitted, and must comply with the following provisions:

(i)

No part shall extend over, on or across a city sidewalk or city street or street right-of-way.

(ii)

No required sight triangle shall be violated.

(iii)

Inside parking of items within a fully enclosed main or accessory building is permitted.

(iv)

Outside parking in the side and rear yard is permitted.

(v)

Only one of the items is permitted to be parked in the front yard, provided that within the RE, R-1, R-2, R-3 and R-4 districts, front yard parking must be on a permitted driveway.

(vi)

Only one semi-tractor shall be permitted, provided the requirements of subsection (1), above, are met.

(vii)

Lots that are smaller than two acres may contain any combination of items not to exceed two in outside storage.

(viii)

Lots that are two acres and larger may contain any combination of items not to exceed three in outside storage.

b.

A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area with the incorporated limits, except in a mobile home park authorized under the ordinances of the city. A mobile home shall be parked or stored only in a mobile home park or mobile home subdivision which is in conformity with the ordinances of the city.

c.

RV's, camper shells, camping or travel trailers, utility, hauling or boat trailers shall not require permits as required for semi-tractors.

(3)

Automobiles. Automobiles parked in the front yard in the R-1, R-2, R-3 and R-4 districts must be on a permitted driveway. This provision shall not be construed as allowing the storage of derelict or junked vehicles otherwise than as provided in chapter 114, section 114-554.

(4)

For purposes of this section, a "hard surface" shall mean concrete, asphalt or similar product. Brick type pavers or natural stone must be approved by the director.

(5)

Penalties. In addition to any other penalties or remedies which may be available to the city, violation of this section or any provision thereof will subject the owner or lessor of the automobile, semi-tractor, camper shell or camping or travel trailer, or utility, hauling or boat or boat trailer and/or the owner or occupant of the real property to the penalties provided in section 1-8.

(Code 1977, § 17.40.140; Ord. No. 779, § 1, 5-15-2001; Ord. No. 1015, § 2, 11-18-2008; Ord. No. 1020, § 2, 5-5-2009)

Day care homes and centers shall conform to the regulations contained in the Oklahoma Child Care Facilities Licensing Act (10 O.S. § 401 et seq.).

(Code 1977, § 17.40.150)

Private swimming pools may be constructed as an accessory use, subject to the following conditions:

(1)

All swimming pools having a water depth of two feet or greater (above ground and below ground) are required to have a construction permit.

(2)

All aboveground pools setting at least three feet above ground level shall be enclosed by a four-foot-high wood fence, chainlink fence, wrought iron or ornamental steel fence with slats no more than four inches apart, or similar fencing as approved by the community development director or his designee. This fencing shall be erected in addition to any existing railing around the pool. It is recommended that the fencing completely enclose the rear yard area, however, it shall be required to completely enclose the pool area.

(3)

All aboveground pools with more than three feet of water and in-ground pools with a water depth of at least two feet into the ground shall be enclosed by a six-foot-high wood fence, chainlink fence, wrought iron or ornamental steel fence with slats no more than four inches apart, or similar fencing as approved by the community development director or his designee. This fencing shall be erected in addition to any existing railing around the pool. It is recommended that the fencing completely enclose the rear yard area, however, it shall be required to completely enclose the pool area.

(4)

All gates to the fenced enclosed area around the pool shall be self-closing with a spring hinge or closing device to allow the gates to close automatically.

(5)

All swimming pools utilizing any electrical facilities shall obtain an electrical permit, and all electrical work shall be done by a licensed electrician.

(6)

All swimming pools shall be wired according to the National Electrical Code as adopted by the city in chapter 18, article III.

(7)

Low voltage lighting located within six feet of the water's edge shall be on a 24-volt or less system, protected by a GFCI. Any lighting in pool construction shall be 15 volts maximum.

(8)

No swimming pool shall be constructed in front of the front building line and no portion of the pool shall be constructed closer than ten feet to the side and rear lot lines or across any easement. All pool equipment, sidewalks and decks shall not be located within five feet of any side or rear lot lines or across any easement.

(Code 1977, § 17.40.160; Ord. No. 981, § 1, 10-17-2006; Ord. No. 1194, § 1, 9-3-2019)

Animals in any district shall be kept only in accordance with city ordinances.

(Code 1977, § 17.40.170)

Cross reference— Animals, ch. 14.

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and the regulations of the liquefied petroleum gas administration of the state.

(Code 1977, § 17.40.180)

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.

(Code 1977, § 17.40.190)

(a)

Churches are permitted uses in the zoning districts regulated by articles IV, V, VI and VII of this chapter.

(b)

For churches and main accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by the zoning district regulations for the district in which the church is located and the off-street parking areas required in article X of this chapter; provided, however, that the lot area for a church shall not be less than 21,000 square feet, and for each increment in seating capacity of 20 persons which exceeds a seating capacity of 100 persons in the main auditorium an additional 3,000 square feet of lot area shall be provided.

(Code 1977, § 17.40.200)

The following features may extend into required minimum yard areas. These restrictions shall apply to buildings, structures, or projections located in yards, or portions thereof, that are required by the setback regulations of this chapter or platted building lines.

(1)

Carports in residentially zoned tracts.

a.

Definition; standards and restrictions. For purposes of this section, carports are defined as all structures, whether attached to an existing structure or freestanding, which are constructed for the purpose of providing a roof-type cover only for protection from the sun, rain, snow, sleet or hail. Carports are permitted to be added to residential structures and are subject to the following conditions and regulations:

1.

Any person erecting or constructing a carport, in whole or in part, shall obtain a building permit from the city.

2.

No portion of a carport shall violate a required side yard setback as prescribed in this chapter, with the exception that open eaves may extend two feet into the side yard. All width measurements shall be from eave line to eave line.

3.

All carports shall be located only over a paved hard-surfaced drive; provided, however, that a gravel driveway may be used to satisfy the requirement if the property owner can demonstrate, through dated photographs or dated negatives, that the gravel driveway existed prior to January 1, 1985, or provide other such proof deemed acceptable by the city. Dated photographs or negatives must be dated on the front or back through a development process. Handwritten, typed or other means of dating photographs or negatives other than those dated through the development process shall not be accepted as proof. Those properties currently approved with a residential building permit, whether for a new home, addition, remodel or house move-in, that have been required to install a paved driveway as part of their permit approval or any other regulations pertinent to the approved building permit shall not be exempt from the requirement to install paved driveways.

4.

All carports shall be kept in an attractive state, in good repair, and in a safe and sanitary condition.

5.

Metal carports shall be constructed of 26-gauge steel or 0.025 aluminum decking with a baked-on enamel finish, to be compatible with the exterior finish of the structure. Poles supporting the carport shall be wrought iron or of a metal material compatible with the exterior finish of the structure. Exposed eaves shall have rain guttering directing water flow to the street and away from adjacent properties. Wooden construction of carports shall be permitted with the following provisions:

(i)

Roof slopes shall exceed a pitch of two inches in 12 inches.

(ii)

All eaves shall be enclosed and have rain guttering installed to divert water to the street and/or away from adjacent properties unless the pitch of the roof diverts the flow of rainwater to the street.

(iii)

Finishes shall be compatible with the exterior of the primary structure.

(iv)

The underside of the carport shall be enclosed with an approved material.

6.

No more than one carport shall be permitted for each dwelling unit, and no carport shall exceed 24 feet in width.

7.

All carports shall be permanently open on two sides from the grade surface to the eave line. All carports which extend into the required front yard setback shall be permanently open on three sides from the grade surface to the eave line.

8.

All carports shall comply with the front yard setback requirements of this chapter, provided that carports used in conjunction with single-family dwellings or two-family dwellings shall be permitted to extend into the required front yard setback areas; however, no portion of a carport shall be permitted closer than five feet to the right-of-way line of a public street except as provided in subsection (a)(9) of this section.

9.

For corner lots only, a carport may extend into the right-of-way of only a local street if the garage is so situated because of the building setback line that a carport cannot be constructed without extending into the right-of-way. In this situation a carport may extend into the right-of-way; however, no carport shall be permitted closer than six feet to the curbline and no carport shall be more than 20 feet in length measured from the structure to which it is attached. The carport must be constructed in such a manner as not to obstruct sight distance at the intersection. Damage to any public utility associated with the carport shall be the responsibility of the property owner. If the city shall determine that street widening is necessary or the installation, repair or replacement or maintenance of existing or future public utilities is necessary, the city or any public utility shall have the right to remove the carport. The cost of removal and reinstallation, if allowed, shall be at the owner's expense. If the owner refuses to remove the carport, the city or public utility may have the carport removed, such cost being included on the ad valorem tax rolls of the property as a debt if not paid. Other provisions of this Code which would prohibit structures within the right-of-way shall not apply to this exception.

10.

All carports must be designed to support a load of 20 pounds per square foot in addition to the weight of the structure.

11.

Freestanding carports shall be supported by two and one-half-inch diameter by 14-gauge steel columns, or columns of equivalent strength, set in concrete footings not less than 24 inches deep and not less than 12 inches in diameter.

b.

Permit.

1.

It shall be unlawful for any person to construct or install any carport within the city without first obtaining a permit to do so from the community development department and paying the applicable permit fee.

2.

An application for a permit under this section shall be in writing, on forms provided for that purpose. Such application shall contain the address of the applicant, along with a detailed drawing showing the desired specifications for the proposed carport and showing on such drawing compliance with this section and other applicable ordinances in all particulars. The application shall contain such other information as is deemed necessary by the community development director.

(2)

Canopies in commercially zoned tracts.

a.

Definition; standards and restrictions. For the purposes of this section, canopies are defined as accessory structures, whether attached to an existing structure or freestanding, which are constructed for the purposes of providing a roof-type cover only for the protection from the sun, rain, snow, sleet, or hail. Canopies used in commercially zoned tracts of land for the following uses shall be allowed to encroach into the front, side, and rear yard building lines as permanent structures so long as said canopies shall be set back at least 15 feet from property lines:

1.

Gasoline pump stations.

2.

Drive-thru orientated businesses.

b.

Permit.

1.

It shall be unlawful for any person or business to construct or install any canopy within the city limits without first obtaining a permit to do so from the community development department and paying the applicable permit fee.

2.

An application for a permit under this section shall be in writing, on forms provided for that purpose. Such application shall contain the address of the applicant, along with a detailed drawing showing the desired specifications for the proposes canopy and showing on such drawing compliance with this section and other applicable ordinances in all particulars. The application shall contain such other information as is deemed necessary by the permits department.

(Ord. No. 662, § 1, 2-4-1997; Ord. No. 1297, § 1, 2-6-2024)

Editor's note— Ord. No. 1297, §1, adopted Feb. 6, 2024, amended the title of § 122-851 to read as herein set out. The former § 122-851 title pertained to carports.

(a)

Definition. In this section, the term "group home for persons with developmental or physical disabilities" means any establishment or institution, other than a hotel, motel, fraternity or sorority house, college or university dormitory, or detoxification facility, for not more than 12 residents who are 18 years of age or older and who have developmental or physical disabilities, which offers or provides supervision, residential accommodations, food service, and training and skill development opportunities designed to lead to increased independence of the residents and which offers or provides supportive assistance to any of its residents requiring supportive assistance. Such residents shall not require intermediate care facility services.

(b)

Approval procedure. Procedures and requirements for group homes are as follows:

(1)

An application shall be submitted by the property owner or his representative. The application shall consist of the following:

a.

The application shall be submitted to the department of community development with the signature of the property owner. A copy of the applicant's deed shall be submitted.

b.

A copy of the contract with the department of human services must be submitted within 30 days of execution.

c.

A certified ownership list prepared by a bonded abstractor, attorney or land surveyor shall be submitted. The ownership list shall reflect all owners of record of property within a 300-foot radius from the exterior boundary of the group home site. The ownership list shall contain the names, mailing addresses, zip codes and legal descriptions of the owners of record.

d.

A filing fee as set forth in section 42-122 shall be charged for the application. If the application requires a public hearing, an additional fee as set forth in section 42-122 shall be required.

(2)

The community development department shall mail by certified mail a notice to all property owners within 300 feet that appear on the furnished list of property owners advising that the application will be approved (if all city codes are met) unless 50 percent of the affected property owners protest the application within 15 days of the mailing of the notice and request that a public hearing be scheduled before the planning commission and city council for the purpose of approving or denying the application.

(c)

Public hearing. If 50 percent of the affected property owners within the 300-foot radius request a hearing, the applicant has 30 days to submit the public hearing filing fee to initiate a public hearing on the application before the planning commission. Should the applicant fail to submit the public hearing filing fee within the required 30 days, the application is void and any future group home request at the proposed site must reapply at the original level with the necessary fee required. At the public hearing, the planning commission and city council shall hear testimony and accept evidence pertaining only to the physical suitability of the group home or incompatibility of the group home with the restrictive covenants and zoning regulations of the residential area or the residents of the group home.

(d)

Criteria for approval. After the public hearing, the city council shall authorize the establishment of such group home if the following are met:

(1)

The group home is physically suitable for the residential area;

(2)

The group home will meet the restrictive covenants and zoning regulations of the area; and

(3)

The public health and safety of the affected property owners and the residents of the group homes will be protected.

(e)

Reapplication. Any property on which an application is either denied or voided shall not be considered again as a group home for at least six months from the date of denial or from the date the application is voided.

(f)

Additional regulations. All group home applicants must comply with the regulations of the department of human services and the state health department, as well as all other state laws which might be applicable.

(Code 1977, § 17.50.023; Ord. No. 1037, § 11, 2-2-2010)

All new development and redevelopment areas, except agricultural, shall be landscaped to provide visual buffering, enhance the beautification of the city, safeguard and enhance property values, protect public and private investment, and protect the public health, safety and general welfare of the citizens of the city.

(Code 1977, § 17.40.210)

Landscaped area shall mean the area within the boundaries of a given lot which is devoted to and consists of plant material, including but not limited to grass, trees, shrubs, flowers, vines and other ground covers, planters, brick, stone, natural forms, water forms, or aggregate or other inorganic features, but not including the use of smooth concrete or asphalt; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic plant material.

(Code 1977, § 17.40.211)

(a)

The property owner in all zoning districts shall be responsible for landscaping the area within the street right-of-way line and the curb line. This area shall not be hard surfaced, other than a permitted driveway or sidewalk. No tree may be planted more than 100 feet from a water source.

(b)

The property owner has the responsibility of maintaining all landscaping according to the following standards:

(1)

Listed below are the required sizes for landscaping at time of installation:

Deciduous trees shall be two inches caliper at time of planting, and shall be of a species having an average minimum mature crown spread of greater than nine feet.

Evergreen trees shall have a minimum height of four feet at time of planting with a minimum two-inch caliper.

Medium shrubs shall have a minimum height of one and one-half feet at time of planting.

Low shrubs shall be at least one gallon bucket-sized.

Groundcover shall consist of natural plant materials. Suggested ground covers include, but are not limited to:

Euonymous coloradis.

Perennial verbena.

Low-spreading junipers.

Monkey grass.

Mondo grass.

Boston ivy.

Dragon's blood sedum.

Cypress mulch.

Grass.

(2)

Green space shall be defined as the landscaped strip along property frontage, side and rear yard landscape buffers.

(3)

See section 122-874 for a list of suggested street trees. Trees shall not be placed in the sight triangle (as defined in section 94-3).

(c)

In all single-family residential and two-family residential districts, all yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (e.g. woods or thickets).

In all single-family residential and two-family residential districts, within the front yard of a lot of a newly constructed residential structure, there shall be at least one medium tree (two-inch caliper or greater) planted and/or existing and maintained for every 75 feet, or fraction thereof, of frontage with a minimum of one tree per lot. An occupancy permit shall not be issued for the residential structure until the tree(s) required hereunder have been planted and/or are existing and maintained.

(d)

For multi-family, commercial and industrial development, landscaping is required along and within the front property line along section-line road frontage. Planting shall be adjacent to, but not in the public right-of-way. Generally, planting required in this section should be in an irregular line and spaced at random. Clustering of plants and tree species is recommended to produce a professionally acceptable composition and mix of vegetation.

(e)

Landscaping in commercial districts shall meet the following requirements:

(1)

Rear yard landscaping.There shall be a ten-foot rear yard landscaping buffer for all commercial lost that abut a residential or agricultural zoned district. This buffer must contain one evergreen tree of two-inch caliper per ten lineal feet; or one deciduous tree of two-inch caliper per 15 lineal feet. Other requirements as outlined in subsection 122-873(c)(1) are also applicable. This required landscape buffer shall run the length of the commercial property (exclusive of permitted driveways of sidewalks). No parking, hard surface treatment or other commercial activities shall be placed within this required landscape buffer, other than permitted driveways or sidewalks.

(2)

Side yard landscaping. All commercially zoned property shall provide for a landscaped side yard area where the property abuts a street, public property or right-of-way, or a non-commercially zoned district. On a side yard that abuts a local street, collector street, public property and/or right-of-way (other than a section line road or a state highway) or a non-commercially zoned property, there shall be a 7.5-foot greenbelt landscape buffer outside the right-of-way. This area shall contain a tree planting of one tree per 35 lineal feet of street frontage or property line, whichever is applicable.

On a side yard that abuts a section line road or state highway, there shall be a ten-foot greenbelt landscape buffer outside the right-of-way. This greenbelt shall include one tree per 50 lineal feet of road frontage.

Landscape buffers shall run the length of the property line (exclusive of permitted driveways or sidewalks) and be shown in detail on the landscape plan. No parking lot or hard surface treatment shall encroach on the required buffer, other than permitted driveways of sidewalks. Nor shall trash receptacles or recycling activities be located in the required buffers.

(3)

Front yard landscaping. There shall be a ten-foot landscaping buffer outside the right-of-way along all front yards in commercial zoned districts. If the front yard abuts a local street, collector street, public property and/or right-of-way (other than a section line road or a state highway), one tree per every thousand square feet of building area will be required. In addition, one tree per every 50 lineal feet of street frontage will be required.

If the front yard abuts a section line road or state highway, one tree per every thousand square feet of building area will be required. In addition, one tree per every 35 lineal feet of street frontage will be required.

Fifty percent of the required trees in the front yard landscape buffer may be used in parking lot islands. Clustering of the required trees in a manner so as to not inhibit tree growth or compromise the integrity of paved surfaces, buildings, screening walls and sidewalks is acceptable. Trees located in parking lot islands must have adequate island size to accommodate proper tree growth, moisture requirements and longevity.

These requirements must be shown on the required landscaped plan and be approved by the community development director. Creative design is encouraged as long as it is in keeping with the intent and purpose of the landscaping requirements to provide environmental enhancements, beautification, heat mitigation and community enhancement of com metrical properties. Designs that relegate tree planting to secondary status, side or hidden areas are not deemed acceptable design practices.

(f)

Landscaping in industrial districts shall meet the same standards applicable to commercial district when adjoining residential and/or agriculturally zoned districts.

(g)

Multi-family.

(1)

The tree requirements for a duplex shall be one tree per unit located within the front yard outside of the right-of-way. Additionally, one tree shall be planted in the back yard within 15 feet of the rear property line. The required trees shall be a minimum of two-inch caliper.

(2)

Multi-family units greater than a duplex shall be required to plant a minimum of one tree per unit up to two bedrooms and two trees per unit for three bedrooms and greater. Trees shall be located within 25 feet of the main structure(s). Up to 50 percent of the required trees may be located in common areas and along perimeter landscaped areas. Trees shall be a minimum two-inch caliper and be located within 100 feet of a water source.

(Code 1977, § 17.40.212; Ord. No. 860, § 1, 8-19-2003; Ord. No. 976, § 1, 9-5-2006; Ord. No. 1001, § 12, 2-19-2008)

The following is a suggested list of suitable trees for planting within the city rights-of-way. Those tree types listed were selected due to their ability to respond to the environmental conditions within the city. Those factors considered in tree selection were soil conditions in relation to growth, the tree's ability to cope with the climate, and its survival rate as an urban tree. Low maintenance, a moderate growth rate and aesthetic quality were also considered.

SUGGESTED STREET TREES

Goldenrain Tree

Hackberry

Sycamore

London Planetree

Red Oak

Shumard Oak

Water Oak

Honey Locust (thornless and seedless)

Caddo Maple

Sweet Gum

Chinese Pistache

Lacebark Elm

Japanese Zelkova

Austrian Pine

Japanese Black Pine

Slash Pine

Loblolly Pine

Carvert Juniper

Eastern Red Cedar

This table is not an all-inclusive list of street trees that may be planted; however, other selections must be approved by the director prior to planting.

(Code 1977, § 17.40.213; Ord. No. 1001, § 13, 2-19-2008)

A landscaping plan shall be required as part of the site plan submitted for all building permits, except agricultural, rural estates, single-family and two-family districts. This plan shall show detailed landscape treatment of the area. This landscaping plan must include building footprint, parking, easements, types of plants, size, location of plants and details of irrigation system, water lines and other utilities, driveways, easements or utilities, irrigation systems or other items as required by the community development director or building inspector.

(Code 1977, § 17.40.214; Ord. No. 1001, § 14, 2-19-2008)

A certificate of occupancy for any use shall not be issued until the landscaping has been installed in accordance with the plan, and it shall be illegal for any person to occupy or operate a business in any new structure for which landscaping, as shown by the plans, is not provided; except that, if a structure and all site improvements are complete except for these landscaping requirements and the season of the year will not permit the planting and growing of plants, temporary occupancy may be permitted by the director until a date certain in the growing season. If the landscaping has not been completed by the date, the property owner shall be in violation of this division. A temporary extension may be approved by the director for a period not to exceed one 30-day period.

(Code 1977, § 17.40.215)

It shall be the responsibility of the property owner to maintain in good condition all of the improvements required by this division. Any required fence or screening which is damaged shall be repaired, and any vegetation which dies shall be replaced no later than the following planting season (spring or fall).

(Code 1977, § 17.40.220)

When it is determined by the director, or person officially designated, that improvements required by this division are not being maintained, it shall be his duty to give notice in writing to the property owner. Such notice shall specify in what manner the improvements are in need of maintenance and a date for compliance. The property owner shall have not less than 30 days to comply with the notice; provided, however, that any person aggrieved by any such order or disagreeing with any of the requirements of the notice may file an appeal within the 30-day period to the board of adjustment.

(Code 1977, § 17.40.221; Ord. No. 1001, § 15, 2-19-2008)

Failure to provide the improvements required by this division or failure to maintain required improvements in the manner prescribed by this division shall constitute an offense and violation of this Code.

(Code 1977, § 17.40.222)

The purpose of these regulations for telecommunications facilities are:

(1)

To facilitate the provision of telecommunications services throughout the city;

(2)

To enhance the ability to provide telecommunications services the community quickly, effectively and efficiently;

(3)

To encourage the location of towers in nonresidential zone districts;

(4)

To minimize the total number of towers in the community;

(5)

To encourage the joint use of new and existing tower locations;

(6)

To ensure that towers are located in areas that minimize adverse impacts;

(7)

To ensure towers and antennas are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting and landscape screening;

(8)

To encourage the attachment of antennas on existing structures;

(9)

To consider public health and safety of telecommunications facilities;

(10)

To avoid damage to adjacent properties from tower failure through careful engineering and locating of tower structures; and

(11)

To protect residential areas and lands by minimizing adverse impacts of towers.

(Ord. No. 761, § 1, 12-5-00)

Accessory support facilities shall mean support buildings, structures and equipment cabinets for telecommunications facilities containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser microwave, radio, satellite or similar facilities.

Alternative tower structure shall mean clock towers, bell steeples, building structures or building equipment normally maintained above the roof line of a structure, light poles and similar alterative design mounting structures. An alternative tower structure must be compatible with the natural setting and surrounding structures and must camouflage or conceal the presence of antennas and/or towers. This term also includes any antenna or antenna array attached to the alternative tower structure.

Antenna shall mean any exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network shall mean the lines that connect a provider's tower/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Telecommunications facilities shall mean the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunications service shall mean the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit or any closed transmission medium.

Tower shall mean any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carriers towers, cellular telephone towers, and other similar structures This term also includes any antenna or antenna array attached to the tower structure.

Tower height shall mean, when referring to a tower or other alternative tower structure, the distance measured from the lowest point within ten feet of the structure to the highest point on the tower or other alternative tower structure, including the base pad and any antenna.

(Ord. No. 761, § 2, 12-5-00)

Telecommunications facilities shall be regulated and permitted pursuant to this division and the zoning ordinances of the city.

(1)

A telecommunications facility shall obtain a permit as a condition for the siting, construction or operation of the telecommunications facility.

(2)

These regulations shall apply to all towers and antennas as defined, except:

a.

Any tower, or antenna, not more than 70 feet in height, owned and operated by a federally licensed amateur radio station operator if it is used exclusively as a received only facility.

b.

Any antenna colocated on an existing telecommunications facility, except as expressly provided in this division.

c.

A telecommunications facility located or colocated on property, which is owned by the city and designated by the city as a site suitable for location of a telecommunications facility.

(3)

Any violation of this division is hereby declared to be a nuisance. In addition to any other relief or penalty provided by law, the city may apply to district court for an injunction to prohibit the continuation of any violation of this division.

(Ord. No. 761, § 3, 12-5-00)

(a)

All applicants for a telecommunications facility permit shall co-locate on an existing facility if it is feasible to do so. An existing facility shall be deemed to be available to the applicant for co-location if the facility is within the search ring of the applicant or within a reasonable distance so as to fit into the applicant's design, space is available on the facility, and the facility owner will lease space to applicant at a reasonable market rate.

(1)

If the applicant finds co-location is not feasible, it shall submit to the city a written statement of the reasons for the infeasability. The city may retain a technical expert in the field of radio frequency (RF) engineering to determine whether co-location at the site is feasible. The cost for such a technical expert will be at the expense of the applicant.

(2)

Should co-location not be feasible, applicant must consider city owned property for construction of any new tower. If the applicant determines that city owned property is not feasible it shall submit to the city a written statement of the reasons for the infeasibility. The city may retain a technical expert in the field of radio frequency (RF) engineering to determine whether the site is feasible. The cost for such a technical expert will be at the expense of the applicant.

(3)

The city may deny the permit unless the applicant demonstrates to the city by substantial evidence that existing telecommunications facilities or city owned property cannot accommodate the applicant's proposed antenna.

(b)

A telecommunications tower shall not be permitted unless the owner of the proposed tower certifies to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Towers shall be designed and built to accommodate a minimum of three telecommunications facilities.

(c)

To facilitate co-location and coordination of telecommunication sites, all telecommunication service providers shall, within 90 days of the passage of this division, provide the city with their respective master antenna plans. Said plans shall include detailed maps, showing the locations of all telecommunications towers serving any portion of the city and indicating their coverage area.

(d)

Providers shall also provide the city with any updates to the above documents within 90 days of their creation.

(Ord. No. 761, § 4, 12-5-00)

(a)

The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.

(b)

At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the telecommunications facilities to the natural setting and the built environment.

(c)

Guy wires must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach any overhead telephone or electric power lines.

(d)

The height of a single user tower shall not exceed 150 feet. The height of a tower with two or more users shall not exceed 195 feet.

(e)

Applicants will be required to demonstrate that the planned telecommunications facility will not cause radio frequency interference with other existing equipment. Such interference is prohibited.

(f)

All telecommunications facilities must have a five foot buffer of landscaping outside the perimeter of the compound.

(g)

Illumination of a tower is prohibited except as required by the FAA. Strobes shall not be used for nighttime lighting. Any required lighting shall be directed upward and away from adjoining properties. In addition, the ground level security lighting shall not be more than 20 feet in height.

(h)

The applicant will be required to provide ingress/egress only from approved access points and a minimum of one off-street parking space per provider.

(i)

The base of the tower and any accessory support facilities such as anchored locations of guy wires shall be screened from view with a solid fence, which shall be a minimum of six feet in height.

(j)

If the tower is more than 75 feet high and adjacent to or separated by a public right-of-way from property zoned residential, the setback shall be one foot for every foot in height, or the setback of the zoning district, whichever is greater. If it is separated from nonresidential property, the setback must be at least 50 feet and an additional one foot for every foot of tower height over 150 feet. The be setback may not be less than 50 feet.

Towers in excess of 400 feet in height shall be setback a minimum of 260 feet from the right-of-way of all controlled access federal and state roadways.

(k)

Signs on telecommunication towers shall only display the name, registration and emergency contact number of the tower owner with the exception of signs required by FCC regulations or signs containing warning or safety instructions. Signs are limited to four square feet in size and advertising is expressly prohibited.

(l)

No tower shall be closer than 500 feet from another tower any new telecommunications tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet in height.

(m)

Support facilities can be no more than 350 square feet of gross floor area nor more than twelve feet in height per user. Minimum setback requirements of the zoning district apply to the accessory support facilities.

(Ord. No. 761, § 5, 12-5-00)

(a)

Telecommunications facilities may be permitted on an alternative tower structure at least 30 feet tall under the following conditions, which shall be in addition to the requirements of sections 5 and 7:

(1)

The facility and its accessory support facilities comply with all zoning requirements applicable to the alternate structure and the provisions of section 122-890 of this division;

(2)

If the facility or an accessory support facility is located upon the roof of a structure, each such facility shall be set back a distance at least equal to the height of the telecommunications facility unless the facilities are screened or camouflaged in a manner that is compatible with the surrounding property. The top of the antenna or other facility shall not be more than 30 percent of the height of the alternate structure, or 75 feet whichever is less.

(3)

The alternative structure must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment; and

(4)

Prior to the installation of any building/roof mounted telecommunications facility, the applicant shall furnish to the city an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and accessory support facility or equipment.

(Ord. No. 761, § 6, 12-5-00)

(a)

All telecommunications facilities shall be erected and operated in compliance with current Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state and local standards.

(b)

Ordinances variously require the tower owner to provide documentation that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. An applicant must provide a copy of its FCC license or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower.

(c)

Telecommunications facilities shall not be permitted in any wetland, floodplain or wilderness or wildlife area and disturbance to wetland buffer areas shall be minimized. A telecommunications facility shall not be permitted in any area where it would threaten endangered species or critical habitats. Telecommunications facilities shall not be permitted where they would significantly change surface area, contribute significantly to deforestation or create significant water diversions. Stormwater run-off shall be contained onsite at all telecommunications facilities. Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at the property line. Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna.

(d)

Telecommunications tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located such that, if the structure should fall, it will avoid habitable structures and public ways. The applicant must supply an engineer's certification of the structural integrity of the tower and associated equipment If more than one user is involved the applicant shall supply certification that the tower has sufficient integrity to accommodate more than one user.

(e)

Telecommunications facilities shall be designed and engineered to withstand wind loadings and other design standards as defined by BOCA and ANSI for Canadian County, Oklahoma

(Ord. No. 761, § 7, 12-5-00)

(a)

No owner or occupant of property within the city shall permit, leave or cause to be left on said property any telecommunications facility which has been abandoned or discontinued for use. The provider shall remove its facility within 90 days of the date that it discontinues its use of the facility. If the provider fails to remove the facility within the required time, the facility shall be deemed to be abandoned. The city shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the provider in the manner provided for [in the] summary abatement of nuisances. This requirement shall apply to co-located facilities unless the co-location agreement provides for the removal of abandoned facilities by the tower operator.

(b)

Defective or unsafe antennas, telecommunication towers or telecommunications facilities are to be repaired or removed within six months at the owner or operator's expense. If the facilities are not operated for a continuous period of 24 months they shall be considered abandoned and must be removed within 90 days. If not removed, the city may remove at the expense of the owner or operator.

(c)

Existing towers that do not comply with the new regulations may continue. They may not be expanded or replaced unless they meet the new regulations. If they are damaged or destroyed, they may be repaired or restored to their former use, location and physical dimensions without complying with the new regulations. The existing tower may be replaced, repaired, rebuilt and/or expanded to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards by obtaining zoning approval under the city zoning code.

(Ord. No. 761, § 8, 12-5-00)

(a)

Except for a proposed telecommunications facility which will co-locate on an existing tower, the applicant for a telecommunications facility permit shall provide city with a certified list of properties within 300 feet. The city shall notify all property owners within 300 feet of the outer boundary of the property proposed for location of the facility. Such notice shall describe the boundaries of the property included in the application, explain the character and dimensions of the proposed telecommunications facility and give an address for the property owners to submit written comments to the city. The notice shall include a drawing or other representation of the visual aspect of the proposed facility. The notice shall also contain the date, which shall be not less than 15 days after the mailing date, set for consideration of the application by the city.

(b)

Applicant will provide city with a copy of the deed to the subject property and, if applicable, a signed agreement with property owner consenting to the action requested.

(c)

The permit process will be administered by the director of the planning and engineering department.

(d)

Applicant shall pay a fee of $100.00 to cover the cost of the permit process. That permit fee is nonrefundable even if the permit is denied.

(e)

The applicant must submit to the office of the director of planning and engineering along with his application, an inventory and contour map of existing facilities that are within the city and at least five miles from the city limits, including specific information about the location, height, coverage, capacity and design of each telecommunications facility, telecommunication tower and antenna.

(f)

The director of planning and engineering will develop, update and maintain an inventory of towers and antennas.

(Ord. No. 761, § 9, 12-5-00)

It is the intent of this article that adequate parking and loading facilities be provided off the street for each use of land covered by this chapter. Requirements are intended to be based on the demand created by each use. Unless otherwise stated, these requirements shall apply to all uses in all districts.

(Code 1977, § 17.42.010)

Permanent off-street parking and loading areas in the amount specified by this article for each use shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased, in the amount required for the enlargement or increase in capacity by adding dwelling units, guestrooms, seats or floor area, or before conversion from one type of use or occupancy to another.

(Code 1977, § 17.42.020)

No portion of any off-street space required by this article shall occupy or use any public street, right-of-way, alley or other public property. Parking spaces which use any street or public right-of-way as a direct means of access without the intermediate use of service aisles and entrances of at least the minimum standards specified by this article shall be prohibited. A public alley shall be the only public right-of-way area permitted for maneuvering space to reach a required parking stall.

(Code 1977, § 17.42.030)

The off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of the principal use.

(Code 1977, § 17.42.040)

Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements. Spaces provided for permanent residents of dwellings shall be clearly designated and separated from spaces provided for employees, customers and service.

(Code 1977, § 17.42.050)

The land upon which the off-street parking lot is located shall be owned or controlled by the same entity which owns or controls the land on which the principal use is located.

(Code 1977, § 17.42.060)

The size and design of a parking space for one vehicle shall be a minimum of nine feet by 20 feet and conform to that shown in table 1.

TABLE 1. DESIGN REQUIREMENTS FOR OFF-STREET PARKING SPACES

ADD FIGURE page 331-24

(Code 1977, § 17.42.070)

Parking spaces for vehicles with handicapped drivers shall be provided per the following schedule:

(Code 1977, § 17.42.080)

The size of a parking space for vehicles with handicapped drivers shall be 12 feet six inches by 20 feet, as shown in table 1 in section 122-924.

(Code 1977, § 17.42.081)

_____

Off-street parking facilities shall be provided in all districts in accordance with the schedule found in table 2. For uses not specifically covered in table 2, the director of community development shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. This decision can be appealed to the board of adjustment.

TABLE 2. USE UNIT CLASSIFICATION WITH APPLICABLE PARKING STANDARDS

TABLE 3. MINIMUM PARKING STANDARDS

Table A. Retail

Table B. Office

Table C. Manufacturing and Industrial

Table D. Warehousing

GLA = Gross leasable area.

GFA = Gross floor area.

Note 1: For mixed uses containing any combination of retail, office, manufacturing and industrial, or warehousing activity, parking requirements shall be tabulated separately for each use within the development using the list of specific standards or table 3. When types of uses are not known at the time of development, then the director shall make the determination as to the type of parking, e.g., retail, which will be required. Mixed uses regulated under separate parking requirements shall not be combined to achieve a larger square footage total that would result in a reduced parking requirement. Where any part of a mixed use is converted to another use category, then the parking requirements shall be recalculated based on the new square footage figure.

Note 2: Where a manufacturing and industrial use has more than one working shift of employees, parking facilities shall be adequate to accommodate overlap requirements during transition periods.

Note 3: Where a multiple-purpose retail or industrial building is proposed to be occupied by a use which can be demonstrated by the occupant to require less parking than the standards contained in this section, the director may permit paving of a smaller parking area to meet the estimated need; provided, however, that the balance of the land to be created by the proposed use and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. This decision can be appealed to the board of adjustment.

(Code 1977, § 17.42.090)

_____

Off-street parking lots for commercial, industrial or multiple-family complexes of more than four units shall comply with the following provisions:

(1)

Screening. All sides of the lot abutting a residential use shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than six feet. Such fence, wall or hedge shall be maintained in good condition.

(2)

Setbacks. No parking shall be permitted within a front yard setback line established ten feet back of the property line of interior and corner lots whenever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases, no setback shall be required; provided, however, that on any corner lot formed by two intersecting streets no parking shall be permitted within the area defined by section 122-837.

(3)

Landscaping. All yards shall be landscaped with grass, shrubs and evergreen ground cover, and maintained in good condition the year round as required in article IX, division 2 of this chapter.

(4)

Width of driveways. Driveways used for ingress and egress shall be confined to and shall not exceed 30 feet in width, exclusive of curb returns, except as provided in chapter 102.

(5)

Paving. All of the lot used for parking and driveway purposes shall be paved as follows in a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use. Minimum pavement requirements shall be as follows:

a.

One-and-one-half-inch asphaltic concrete hot mix with five-inch compacted base;

b.

A double surface treatment with five-inch compacted base, or four-inch concrete slab; and

c.

Appropriate bumper guards where needed as required by the director.

(6)

Lighting. The intensity of light and arrangement of reflectors shall be such as not to interfere with residential district use.

(7)

Signs. No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only non-intermittent incandescent lighting of signs shall be permitted.

(Code 1977, § 17.42.100)

Every required parking space on any site shall be within 75 feet of a landscaped area (including landscaped street right-of-way, landscaped medians and site perimeters, and landscaping at the base of buildings); every landscaped island in the interior of a parking lot shall be at least 50 square feet in size, with a minimum width of three feet, and shall have at least one tree planted therein.

(Ord. No. 859, § 1, 8-19-2003)

Every industrial, commercial and civic building hereafter erected or expanded shall provide space, as indicated in this division, for loading and unloading of vehicles. The number of off-street loading spaces required by this division shall be considered as the absolute minimum, and the owner/applicant shall evaluate his own needs to determine if they are greater than the minimum specified by this division.

(Code 1977, § 17.42.110)

Unless otherwise specified, all off-street loading spaces shall have the minimum dimensions of ten feet by 25 feet and 14 feet overhead clearance. In no case shall required off-street loading space encroach upon off-street parking space required under this article, or on a public right-of-way. No maneuvering shall be permitted on a public right-of-way.

(Code 1977, § 17.42.120)

Table 4 illustrates the number of required loading spaces required by use category according to floor area.

_____

TABLE 4. LOADING STANDARDS

(Code 1977, § 17.42.130)

_____

The following requirements shall apply to all loading spaces:

(1)

Off-street loading spaces shall be designed so that vehicles shall maneuver entirely within the property lines of the premises and not on a public right-of-way. Unenclosed off-street loading areas shall be permanently paved with hard-surface pavement. A six-inch header curb must also be constructed to separate a loading area from public right-of-way.

(2)

All motor vehicle loading berths which abut or are adjacent to a residential district shall be completely screened therefrom by building walls, or a uniformly solid fence, wall or door, or any combination thereof, not less than six feet in height. No permitted or required loading space or berth shall be located within 40 feet of the nearest point of intersection of any two streets or highways. No loading space or berth shall be located in a required front or side yard, and any loading space or berth located in a required yard shall be open to the sky.

(Code 1977, § 17.42.140)