Mustang City Zoning Code

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)