Mustang City Zoning Code

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)