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Noble City Zoning Code

CHAPTER 4

ZONING DISTRICTS

SECTION 12-401 - GENERAL PROVISION

The purpose of this Section is to create Zoning Districts, to specify the nature and components of the permitted development within them; and to establish regulations regarding the physical character and intensity of development in order to protect the public health, safety and welfare.

SECTION 12-402 - ZONING DISTRICTS ESTABLISHED

All land within the corporate limits of the City of Noble shall be classified into one of the following Zoning Districts.

DISTRICT
SYMBOL
PRIOR DISTRICT SYMBOLDISTRICT NAME
A-1 (A-1) Agricultural
R-1-D (R-1) Single Family Detached Residential
R-1-A Single Family Attached Residential
R-E Residential Estates
R-2 (R-2) Two Family Residential
R-3 (R-3) Medium Density Residential
R-4 High Density Residential
R-MH-1 (RM-1) Mobile Home Subdivision
R-MH-2 Mobile Home Park
O-1 (O-1) Restricted Office
O-2 General Office
C-1 (C-1) Restricted Commercial
C-2 Planned Shopping Center
C-3 (C-2) Community Commercial
C-4 General Commercial
I-1 (I-1) Light Industrial
I-2 Moderate Industrial
I-3 Heavy Industrial
PUD (PUD) Planned Unit Development
SPUD (SPUD) Special Planned Unit Development

 

SECTION 12-403 - ORGANIZATION OF ZONING DISTRICT REGULATIONS

The regulations for each Zoning District listed herein contain three major divisions:

A.

The first division is the General Description of the purpose and function of the district.

B.

The second division is the District Use Regulations. These regulations are divided into two categories as follows:

1.

The Permitted Uses category refers to those use units which are permitted in the district by right and without qualification.

2.

The Special Use Permits category refers to those uses which cannot be located in the district without a public hearing before the Planning Commission and the City Council to determine that the proposed use is appropriate for an area and can be developed with the assurance that surrounding land uses will be protected.

C.

The third division is the Development Regulations which establish minimum requirements for such elements such as size of a lot, number of permissible dwelling units, height, setback, and special elements such as sight proof screening. It is not the purpose of the Development Regulations to supersede or render invalid any privately established regulations, such as platted building lines which may be contained in a subdivision plat or deed restriction.

SECTION 12-404 - GENERAL DESCRIPTION OF AGRICULTURAL (A-1)

The purpose of this district is to restrict the use of land to the lowest type of intensity. However, it is not intended that this district provide a location for a lower standard of development than is authorized in other districts.

SECTION 12-404.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the A-1 General Agricultural District shall be used only for the following purposes.

A.

Single Family Detached Residential

B.

Mobile Home Residential

C.

Public Service or Utility Use: Light

D.

Public Service or utility Use: Moderate

E

Community Recreation: Restricted

F.

Agricultural Processing: Limited

G.

Animal Raising: Personal

H.

Animal Raising: Commercial

I.

Horticulture

J.

Row and Field Crops

K.

Modular Home Residential

L.

Manufactured Home Residental

SECTION 12-404.1.2 - SPECIAL USE PERMIT

The following additional uses may be permitted in the A-1 General Agricultural District through a Special Use Permit, acquired in accordance with the provisions of this code.

A.

Public Service or Utility: Heavy

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Community Recreation: General

E.

Animals: Grooming and Sales

F.

Animal Sales and Services: Horse Stables

G.

Animal Sales and Services: Kennels and Veterinary, Restricted

H.

Animal Sales and Services: Kennels and Veterinary, General

I.

Child Care Center

J.

Communication Services: Towers

K.

Funeral and Interment Services: Animal

L.

Funeral and Interment Services: Burial

M.

Transportation Facilities: Aircraft

N.

Mining and Processing: Minerals and Raw Materials

O.

Mining and Processing: Oil and Gas

P.

Rodeo events as set forth in Section 12-304.88.1

Q.

Public Safety Training Facility/Gun Range for Law Enforcement Personnel employed by the City of Noble

R.

Automotive and Equipment: Light as defined in Section 12-304.28

S.

Scrap Operations: Private with no public access as defined in Section 12-304.78.1

(Ord. No. 511, § 2, 8-20-2012; Ord. No. 554, § 2, 8-21-2017)

SECTION 12-404.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

For all uses, except for free standing residential mobile homes, free standing residential modular homes and free standing residential manufactured homes, the minimum required lot size shall be Two and one half (2 ½) acres. For free standing residential mobile homes, free standing residential modular homes and free standing residential manufactured homes, the minimum required lot size shall be ten (10) acres.

SECTION 12-404.2.2 - MINIMUM LOT WIDTH

There shall be a minimum lot width of one hundred fifty (150) feet at the front building line, and such lot shall abut on a street for a distance of not less than fifty (50) feet except on section line roads where such lot shall abut on the section line road for a distance of not less than two hundred fifty (250) feet.

(Ord. No. 526, § 2, 9-15-2014)

SECTION 12-404.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided for in Section 12-485.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line or roadway easement, whichever provides the greater setback from the roadway except on lots which front on a section line where the minimum set back shall be seventy-five (75) feet from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of twenty-five (25) feet for interior lot lines and twenty-five (25) feet for lot lines abutting a street other than section line roads where the side yard shall be seventy-five (75) feet from the surveyed section line. Churches and accessory buildings associated with the church, used for human occupancy, shall be set back from all interior side lot lines a distance of not less than twenty-five (25) feet.

D.

Rear Yard: There shall be a rear yard for a main building of not less than twenty-five (25) feet.

E.

Coverage: Main and accessory buildings shall not cover more than thirty (30) percent of the lot area.

SECTION 12-404.4 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-405 - GENERAL DESCRIPTION

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

SECTION 12-405.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-1-D Single Family Residential District shall be used only for the following purposes.

A.

Single Family Detached Residential

B.

Public Service or Utility: Light

C.

Community Recreation: Restricted

D.

Community Recreation: Property Owners Association

E.

Animal Raising: Personal

SECTION 12-405.1.2 - SPECIAL USE PERMITS

The following additional uses may be permitted through a Special Use Permit acquired in accordance with provisions of this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

H.

Tourist Accommodations: Bed and Breakfast

(Ord. No. 511, § 3, 8-20-2012)

SECTION 12-405.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than six thousand (6,000) square feet.

SECTION 12-405.2.2 - MINIMUM LOT WIDTH

There shall be a minimum lot width of fifty-five (55) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty-five (35) feet, except on section line roads where such lot shall abut the section line for a distance of not less than three hundred thirty (330) feet.

In the Original Town of Noble plat (where typical lot dimensions are twenty-five (25) feet by one hundred forty (140) feet there shall be a minimum of fifty (50) feet at the front building line and the lot shall abut on a street right-of-way for a distance of not less than fifty (50) feet.

(Ord. No. 526, § 3, 9-15-2014; Ord. No. 599, § 1, 12-20-2021)

SECTION 12-405.2.3 - MINIMUM LOT DEPTH

The minimum lot depth shall be one hundred nine (109) feet.

SECTION 12-405.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided for in section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line or roadway easement line, whichever provides the greater setback from the roadway except on section lines where the setback shall be seventy-five (75) feet from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of not less than five (5) feet on any one side for interior lots. There shall be a side yard setback of not less than twenty (20) feet for lot lines abutting a street except that where houses abutting a street are back to back there shall be a side setback of not less than fifteen (15) feet. The required side yard setback on interior lots shall be increased three feet for each story or part thereof over one (1) story high.

D.

Rear Yard: There shall be a rear yard for a main building of not less than twenty (20) feet or twenty (20) percent of the depth of the lot, whichever amount is smaller.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area.

F.

No residence containing living area of less than 1500 square feet shall be located on any lot designated as a lot platted to require dwellings with a minimum of 1500 square feet of living area, exclusive of garages or detached structures.

(Ord. No. 496, § 1, 8-16-2010)

SECTION 12-405.4 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

On lots where the front building line is less than sixty (60) feet, a two car attached garage and hard surface driveway is required. No unattached garages or carports will be allowed in the front or side yard.

SECTION 12-406 - GENERAL DESCRIPTION

This district is the most restrictive district which allows two family attached dwellings. Basic restrictions are similar to the R-1-D District. The principal use of land is for two family attached dwellings with provision for accommodating the sale of individual attached units. Provisions are also made for related recreational, religious, and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

SECTION 12-406.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-1-A Single Family Attached Residential District, shall be used only for the following purposes:

A.

Single Family Detached Residential

B.

Two Family Attached Residential

D.

Public Service or Utility: Light

D.

Community Recreation: Restricted

E.

Community Recreation: Property Owner Association

F.

Animal Raising: Personal

SECTION 12-406.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provision contained in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-406.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

A.

Seven thousand (7,000) square feet for each single family detached unit and other uses.

B.

Four thousand eight hundred (4,800) square feet per dwelling unit for two family attached residences.

SECTION 12-406.2.2 - MINIMUM LOT WIDTH

A.

For single family detached dwellings and other uses there shall be a minimum lot width of sixty (60) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty-five (35) feet except for lots which abut a section line the minimum width shall be three hundred (300) feet along the surveyed section line.

B.

For two family dwellings there shall be a minimum lot width of forty (40) feet per dwelling unit at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than twenty-five feet per dwelling unit except on section lines where the lot shall abut the section line for a minimum distance of three hundred (300) feet.

SECTION 12-406.2.3 - MINIMUM LOT DEPTH

The minimum lot depth shall be one hundred ten (110) feet.

SECTION 12-406.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height except as provided in Section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line except along section line roads where the minimum front yard shall be seventy-five (75) feet measured from the surveyed section line.

C.

Side Yard: There shall be a total side yard setback of seven (7) feet from the unattached side wall to the lot line for interior lots and twenty (20) feet for lot lines abutting a street. The required side yard shall increase three (3) feet for each story or part thereof above one (1) story. Churches and accessory buildings associated with them shall set back from all interior side lot lines a distance of not less than thirty-five (35) feet, and from exterior side lot lines a distance of not less than twenty-five (25) feet.

D.

Rear Yard: There shall be a rear yard or a main building of not less than twenty (20) feet.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area.

SECTION 12-406.4 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-406.5 - GENERAL DESCRIPTION

The Residential Estates is designed to allow for tracts of land with a minimum size of one acre that will accommodate single family residences. The R-E District allows a "rural lifestyle" without the full agricultural permitted uses. The same restrictions regarding permitted uses and animals that govern the R-1-D would be applicable. The R-E Classification would apply to tracts of land developed for single family dwellings where municipal sewer is not accessible. Septic tanks would be allowed and City water is required if within ¼ mile of the addition. A hard surfaced Local Street Classification No. 4 is required, except the developer may omit curbs and gutters but must provide drainage and sodding.

SECTION 12-406.7.1 - USES PERMITTED BY RIGHT

Property and building in the R-E Residential Estate District shall be used only for the following purposes.

A.

Single Family Detached Residential

B.

Public Service or Utility: Light

C.

Community Recreation: Restricted

D.

Community Recreation: Property Owners Association

F.

Animal Raising: Personal

SECTION 12-406.7.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provisions contained in this code.

A.

Public Service or Utility: Moderate

B.

Low impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-406.7.3.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

For each dwelling, and buildings accessory thereto, there shall be a lot area of not less One-acre (43,560 square feet).

SECTION 12-406.7.3.2 - MINIMUM LOT WIDTH

The minimum street frontage of lots located in the R-E (Residential Estates) zoned areas shall be as follows:

A.

The Non-Section Line Road Minimum Frontage shall be One Hundred-twenty (120) feet of street frontage except on cul-de-sacs where the minimum lot width at the front building line shall be seventy-five (75) feet and the minimum street frontage shall be fifty (50) feet.

B.

The Section Line Road Minimum Frontage in Urban Residential Areas and Urban Residential Reserve areas as shown in the City of Noble 2025 Comprehensive Plan shall be One Hundred-fifty (150) feet. Urban Residential and Urban Residential Reserve areas are designated in said Comprehensive Plan as Sections 22, 23, 25, 26, 27, 35 and 36 of Township Eight (8) North, Range Two (2) West, I.M., Cleveland County, Oklahoma.

C.

The Section Line Road Minimum Frontage in those areas that are not designated as Urban Residential Areas and Urban Residential Reserve areas as shown in the City of Noble 2025 Comprehensive Plan shall be Two Hundred-fifty (250) feet.

(Ord. No. 526, § 1, 9-15-2014; Ord. No. 579, § 1, 1-6-2020)

SECTION 12-406.7.3.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided for in Section 12-485.

B.

Front Yard: The minimum depth of the front yard shall be forty (40) feet, measured from the front property line or roadway easement, whichever provides the greater setback from the roadway except on lots which front on a section line where The minimum setback shall be seventy-five (75) feet from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of twenty-five (25) feet for interior lot lines—from each side. There shall be a side yard setback of thirty (30) feet for lot lines abutting a street. The City Engineer may grant exceptions to lot lines abutting a street where there are irregularly shaped lots, or unusual circumstances. The required side yard setback on interior lots shall be increased three feet for each story or part thereof in excess of one-story.

D.

Rear Yard: There shall be a rear yard for a main building of not less than forty (40) feet or twenty (20) percent of the depth of the lot, whichever amount is smaller.

E.

Coverage: Main and accessory building shall not cover more than twenty-five (25) percent of the lot area.

F.

If curbs are omitted, drainage ditches will be located on each side of the street. The bottom of the ditches will be a minimum of one (1) foot below the edge of the paved street surface. The area from the edge of the street to the back slope must be grossed to prevent erosion.

SECTION 12-406.7.3.4 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-407 - GENERAL DESCRIPTION

The purpose of this district is to permit a slightly higher population density, but with basic restrictions similar to the R-1-A and R-1-D district. The principal use of land is for two family attached dwellings without provisions for accommodating the sale of individual attached units. In addition, provisions are made for related recreational, religious, and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

SECTION 12-407.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-2 Two Family Residential District, shall be used only for the following purposes:

A.

Single Family Detached Residential

B.

Two Family Attached Residential

C.

Public Service or Utility: Light

D.

Community Recreation: Restricted

E.

Community Recreation: Property Owners Association

F.

Animal Raising: Personal

SECTION 12-407.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provision contained in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-407.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

A.

Seven thousand (7,000) square feet for each single family detached unit and other uses.

B.

Four thousand (4,000) square feet per dwelling unit for two family attached residences.

SECTION 12-407.2.2 - MINIMUM LOT WIDTH

A.

For single family detached dwellings and other uses there shall be a minimum lot width of sixty (60) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty-five (35) feet except for lots which abut a section line where the minimum width shall be three hundred (300) feet along the surveyed section line.

B.

For two family dwellings there shall be a minimum lot width of thirty (30) feet per dwelling at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than twenty (20) feet per dwelling unit except for lots which abut a section line where the minimum width shall be three hundred (300) feet along the survey section line.

SECTION 12-407.2.3 - MINIMUM LOT DEPTH

The minimum lot depth shall be one hundred ten (110) feet.

SECTION 12-407.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided in Section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line except along section lines the minimum front yard shall be seventy-five (75) feet measured from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of seven (7) feet from the unattached side wall to the lot line for interior lots and twenty (20) feet for lot lines abutting a street. If both side are unattached, a zero side yard may be permitted on one side in accordance with the regulations in Section 12.4.7, Churches and accessory buildings associated with them shall set back from all interior side lot lines a distance of not less than thirty-five (35) feet, and from exterior side lot lines a distance of not less than twenty-five (25) feet.

D.

Rear Yard: There shall be a rear yard for a main building of not less than twenty (20) feet.

SECTION 12-407.4 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-408 - GENERAL DESCRIPTION

This is a residential district to provide for medium twelve (12) dwelling units per gross acre. The principal use of land is for townhouses and low-rise multifamily dwellings. Recreational, religious, and educational uses normally located to service residential areas are also permitted to provide the basic elements of convenient, balanced, and attractive living areas.

SECTION 12-408.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-3 Medium Density Residential District shall be used only for the following purposes.

A.

Single Family Detached Residential

B.

Two Family Attached Residential

C.

Townhouses

D.

Multifamily Residential

E.

Public Service or Utility: Light

F.

Community Recreation: Restricted

G.

Community Recreation: Property Owners Association

H.

Animal Raising: Personal

SECTION 12-408.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provisions contained in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-408.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

A.

Seven thousand (7,000) square feet for each single family detached unit and other uses.

B.

Four thousand (4,000) square feet per unit for two family attached residences.

C.

Three thousand (3,000) square feet per unit for townhouses and multifamily residences.

SECTION 12-408.2.2 - MINIMUM LOT WIDTH

A.

For single family detached dwellings and other uses shall be a minimum lot width of sixty (60) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty-five (35) feet, except on section line where such lot shall abut the section line for a distance of not less than three hundred (300) feet along the surveyed section line.

B.

For two family dwellings there shall be a minimum lot width of thirty (30) feet per dwelling unit at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than twenty (20) feet per dwelling unit except for lots which abut a section line where the minimum width shall be three hundred (300) feet along the surveyed section line.

C.

For townhouses there shall be a minimum lot width of twenty-four (24) feet per dwelling unit at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than eighteen (18) feet per dwelling unit. No townhouses shall be allowed to abut a section line.

D.

For multifamily dwellings there shall be a minimum lot width of sixty (60) feet at the front building line with an additional ten (10) feet for each additional multifamily dwelling unit exceeding two (2) which is located on the lot, however, the lot width at the front building line shall not be required to exceed one hundred fifty (150) feet; and provided that the front lot line shall abut a street right-of-way for a distance of not less than fifty (50) feet.

SECTION 12-408.2.3 - MINIMUM LOT DEPTH

The minimum lot depth shall be one hundred ten (110) feet.

SECTION 12-408.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed forty-five feet (45) feet in height, except as provided in section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line except along section lines, the minimum depth shall be 75 feet measured from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of seven (7) feet from the unattached side wall to the lot line for interior lots and twenty (20) feet for lot lines abutting a street. The required side yard shall be increased three (3) feet for each story above one (1) story. Churches and accessory buildings associated with them shall set back from all interior side lot lines a distance of not less than thirty-five (35) feet, and from exterior side lot lines a distance of not less than twenty-five (25) feet.

D.

Rear Yard:

1.

Single family detached and two family attached: There shall be a rear yard for a main building of not less than twenty (20) feet.

2.

Townhouses: There shall be a rear yard of fifteen (15) feet unless more is required due to utility locations and easements.

3.

Multifamily: There shall be a rear yard of fifteen (15) feet unless more is required due to utility locations and easements.

E.

Coverage:

1

Single family detached and two family attached: Main and accessory buildings shall not cover more than forty (40) percent of the lot area.

2.

Townhouses and multifamily: Main and accessory building shall not cover more than fifty (50) percent of the lot area.

SECTION 12-408.4 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-408.5 - SITE PLAN

A site plan shall be prepared for any townhouse or multifamily type use.

SECTION 12-409 - GENERAL DESCRIPTION

This residential district is intended to provide for a density of more than twelve (12) units per gross acre. The principal use of land is for a wide variety of dwelling types, including townhouses, low-rise multi-family dwellings, and high-rise apartments.

SECTION 12-409.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-4 High Density Residential District shall be used only for the following purposes:

A.

Single Family Detached Residential

B.

Two Family Attached Residential

C.

Townhouse

D.

Multifamily Residential

E.

Group Residential

F.

Public Service or Utility: Light

G.

Community Recreation: Restricted

H.

Community Recreation: Property Owners Association

I.

Animal Raising: Personal

SECTION 12-409.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provisions contain in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-409.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

A.

Seven thousand (7,000) square feet for each single family detached unit and other uses.

B.

Four thousand (4,000) square feet per dwelling unit for two family attached residences.

C.

Three thousand (3,000) square feet per dwelling unit for townhouses.

D.

Two thousand (2,000) square feet per dwelling unit for multifamily residences with a minimum of six (6) units. Five or less multifamily units require two thousand five hundred (2,500) square feet per dwelling unit.

E.

For group residential the minimum lot area requirements are:

Number of
Rooming Units
Lot Area Required
Per Unit of Two Beds
3-5 2,500
6-20 2,000
Over 20 1,500

 

SECTION 12-409.2.2 - MINIMUM LOT WIDTH

A.

For single family detached dwellings and other uses there shall be a minimum lot width of sixty (60) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty-five (35) feet except for lots which abut a section line where the minimum width shall be three hundred (300) feet along the surveyed section line.

B.

For two family dwellings there shall be a minimum lot width of thirty (30) feet per dwelling unit at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than twenty (20) feet per dwelling unit except for lots which abut a section line where the minimum width shall be three hundred (300) feet along the surveyed section line.

C.

For townhouses there shall be a minimum lot width of twenty-four (24) feet per dwelling unit at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than eighteen feet (18) feet per dwelling unit. No townhouse shall abut a section line.

D.

For multifamily dwellings there shall be a minimum lot width of sixty (60) feet at the front building line with an addition ten (10) feet for each additional multifamily dwelling unit exceeding two (2) which is located in the dwelling, however, the lot width at the front building line shall not be required to exceed one hundred fifty (150) feet; and further provided that the front lot line shall abut a street right-of-way for a distance of not less than fifty (50) feet.

SECTION 12-409.2.3 - MINIMUM LOT DEPTH

The minimum lot depth shall be one hundred ten (110) feet.

SECTION 12-409.3 - SITE DESIGN REQUIREMENTS

A.

Height: Maximum building height shall be forty-five (45) feet, provided that additional height shall be permitted on a ratio of one additional foot of building setback for every foot of building height above forty-five (45) feet. Additional height may be allowed under the provisions of section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line except along section lines the minimum depth of the front yard shall be seventy-five (75) feet measured from the surveyed section line.

C.

Side Yard: There shall be a side yard setback of seven (7) feet from the unattached side wall to the lot line for interior lots and twenty (20) feet for lots lines abutting a street. The required set back shall be increased three (3) feet for each story above one (1) story.

D.

Rear Yard:

1.

Single family detached and two family attached: There shall be a rear yard for a main building of not less than twenty (20) feet.

2.

Townhouses: There shall be a rear yard of fifteen (15) feet unless more is required for utilities and easements.

3.

Multifamily: There shall be a rear yard of fifteen (15) feet unless more is required for utilities and easements.

E.

Coverage:

1.

Single family detached and two family attached: Main and accessory buildings shall not cover more than forty (40) percent of the area.

2.

Townhouses and multifamily: Main and accessory buildings shall not cover more than fifty (50) percent of the lot area.

SECTION 12-409.4 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in Section 12-470 of this code.

SECTION 12-409.5 - SITE PLAN

A site plan shall be prepared for any townhouse, multifamily or group residential type use.

SECTION 12-410 - GENERAL DESCRIPTION

This is a restrictive residential district. The principal use of land is a freestanding mobile home used as a single residence. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for mobile homes, which are not compatible with conventional housing and are normally permitted only in mobile home parks or rural areas. This district provides for individual lots, which allow the mobile home owner to own the property on which his home is situated. Provision is made for related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for mobile homes and related facilities and through consideration of the proper functional relationship of each element. A minimum subdivision size is established to assure that sufficiency of compatible housing types can be established to create a desirable environment and provide separation from conventional housing areas which may be nearby.

SECTION 12-410.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-MH-1 Mobile Home Subdivision District shall be used only for the following purposes:

A.

Mobile Home Residential

B.

Public Service or Utility: Light

C.

Community Recreation: Restricted

D.

Community Recreation: Property Owners Association

SECTION 12-410.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with the provisions contained in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Institutional

D.

Library Services and Community Center

E.

Community Recreation: General

F.

Child Care Center

G.

Mining and Processing: Oil and Gas

SECTION 12-410.2 - DEVELOPMENT REGULATIONS

A Mobile Home Subdivision shall be rezoned and developed with a minimum subdivision size of 10 acres. The standards contained below specify requirements for individual lots within the subdivision. All other regulations pertaining to Mobile Home Parks and Subdivisions should be consulted.

SECTION 12-410.2.1 - MINIMUM LOT SIZE AND INTENSITY OF USE

For each dwelling, and accessory thereto, there shall be a lot area of not less that seven thousand (7,000) square feet.

SECTION 12-410.2.2 - MINIMUM LOT WIDTH

For mobile home dwellings there shall be a minimum lot width of fifty (50) feet at the front building line, and such lot shall abut on a street right-of-way for a distance of not less than thirty (30) feet.

SECTION 12-410.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided in Section 12-485.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line.

C.

Side Yard: There shall be a side yard setback of five (5) feet for interior lot lines and fifteen (15) feet for lot lines abutting a street. If both sides are unattached, a zero side yard may be permitted on one side in accordance with the regulations in Section 12-496. Churches and accessory buildings associated with them shall set back from all interior side lot lines a distance of not less that thirty-five (35) feet, and from exterior side lot lines a distance not less that twenty-five (25) feet.

D.

Rear Yard: There shall be a rear yard of twenty (20) feet.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area.

SECTION 12-410.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Mobile home subdivisions shall be screened and landscaped in accordance with the provisions pertaining to Screening and Landscaping in Section 12-465 of this code.

SECTION 12-410.5 - OFF-STREET PARKING, LOADING AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-410.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code.

SECTION 12-411 - GENERAL DESCRIPTION

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

SECTION 12-411.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the R-MH-2 Mobile Home Park shall be used only for the following purposes:

A.

Mobile Home Residential

B.

Public Service or Utility: Light

C.

Community Recreation: Restricted

D.

Community Recreation: Property Owners Association

SECTION 12-411.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with the provisions contained in this code.

A.

Public Service or Utility: Moderate

B.

Low Impact Institutional: Neighborhood Related

C.

Moderate Impact Institutional:

D.

Library Services and Community Centers

E.

Community Recreation: General

F.

Child Care Center:

G.

Tourist Accommodations: Campground

H.

Mining and Processing: Oil and Gas

SECTION 12-411.2 - DEVELOPMENT REGULATIONS

In addition to the regulations contained below, all regulations pertaining to Mobile Home Parks and Subdivisions should be consulted.

SECTION 12-411.2.1 - MINIMUM LOT SIZE

The minimum area of any park shall be ten (10) acres.

SECTION 12-411.2.2 - INTENSITY OF USE

Intensity of development shall be limited to no more than eight (8) mobile homes per gross acre for a mobile home park and no more than twelve (12) travel trailers per gross acre for a travel trailer park.

SECTION 12-411.2.3 - MOBILE HOME SPACES

Each mobile home and travel trailer space shall have a minimum of not less than four thousand (4,000) square feet exclusive of park land, access drive right-of-way and any other area which is a part of a community facility.

SECTION 12-411.2.4 - MINIMUM SPACE WIDTH

There shall be a minimum space width of forty (40) feet at the front building line, and such space shall abut on a street for a distance of not less than thirty (30) feet.

SECTION 12-411.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height, except as provided in section 12-485 of this code.

B.

Front Yard: Mobile Homes and all other structures shall be located no less than twenty (20) feet from access drive(s) or from the street right-of-way.

C.

Side Yard: There shall be a side yard setback of five (5) feet for interior lot lines and fifteen (15) feet for lot lines abutting a street. Churches and accessory buildings associated with them shall set back from all interior side lot lines a distance of not less than thirty-five (35) feet, and from exterior side lot lines a distance of not less than twenty-five (25) feet.

D.

Rear Yard: Ten (10) feet.

E.

Coverage: Main and accessory buildings shall not cover more than forth (40) percent of a mobile home space.

SECTION 12-411.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Mobile home parks shall be screened and landscaped in accordance with the provisions in the Section 12-465 of this code pertaining to Screening and Landscaping.

SECTION 12-411.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-411.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code.

SECTION 12-411.7 - GENERAL DESCRIPTION

This commercial district is intended to provide a location for administrative and professional offices which can occupy low rise structures in a low density landscaped setting. This district places a great emphasis on open spaces and aesthetic considerations in building construction and landscaping. The type of development in this district can serve as a buffer between residential areas and other land uses.

SECTION 12-412.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the O-1 Restricted Office District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

(Reserved)

D.

Cultural Exhibits

E.

Library Services and Community Centers

F.

Community Recreation: Restricted

G.

Community Recreation: Property Owners Association

H.

Administrative and Professional Office

I.

Business Support Services

J.

Medical Services: Restricted

K.

Personal Services: Restricted

(Ord. No. 533, § 1, 4-6-2015)

SECTION 12-412.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with the provisions contained in this code.

A.

Moderate Impact Institutional

B.

Community Recreation: General

C.

Child Care Center

D.

Communications Services: Towers

E.

Health Clubs

F.

Medical Services: General

G.

Research Services

H.

Mining and Processing: Oil and Gas

I.

Low Impact Institutional: Neighborhood Related

(Ord. No. 533, § 7, 4-6-2015)

SECTION 12-412.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

Six Thousand (6,000) square feet.

SECTION 12-412.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, if fronting onto an arterial street, fifty (50) feet if fronting onto a collector or local street. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-412.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building shall exceed thirty-five (35) feet in height or two stories above ground level, except as provided in Section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least five feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking spaces. It shall be used for deliveries only.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area. Main and accessory buildings and off-street parking and loading facilities shall not cover more than ninety (90) percent of the lot area. At least ten (10) percent of the lot (right-of-way not included) shall be green open space.

SECTION 12-412.4 - SCREENING AND LANDSCAPE REQUIREMENT

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of Section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not abutting a residential district shall be landscaped in accordance with the provisions in this code.

SECTION 12-412.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-412.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and shall show the required landscaping.

SECTION 12-414 - GENERAL DESCRIPTION

This commercial district is intended to provide a location for offices at a higher density than that allowed in the Restricted Office District. This district places an emphasis on building location and design in conjunction with landscaping. This district can be used as a buffer between residential areas and more intense activities.

SECTION 12-414.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the 0-2 General Office District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

(Reserved)

D.

Cultural Exhibits

E.

Library Services and Community Centers

F.

Community Reaction: Restricted

G.

Community Reaction: General

H.

Community Reaction: Property Owners Association

I.

Administrative and Professional Office

J.

Business Support Services

K.

Communications Services: Limited

L.

Medical Services: Restricted

M.

Medical Services: General

N.

Personal Services: Restricted

O.

Research Services:

(Ord. No. 533, § 2, 4-6-2015)

SECTION 12-414.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in accordance with provisions contained in this code.

A.

Moderate Impact Institutional

B.

Building Maintenance

C.

Child Care Center

D.

Communication Services: Towers

E.

*Convenience Sales and Personal Services

F.

*Drinking Establishments: Sit-down, Alcohol Permitted

G.

*Eating Establishments: Sit-down, Alcohol Not Permitted:

H.

*Eating Establishments: Sit-down, Alcohol Permitted:

I.

Health Clubs

J.

Personal Services: General

K.

*Retail Sales and Services

L.

Mining and Processing: Oil and Gas

M.

Low Impact Institutional: Neighborhood Related

* For these uses to be approved all of the following conditions must be met:

A.

The complex has 10,000 or more square feet of gross floor area.

B.

Each use shall comply with all standards and provisions of this zoning district, unless specifically modified by this Subsection.

C.

The facilities shall be located entirely within a principal building as an accessory use and shall have access from an interior lobby, hallway, or interior court yard; provided that one major exterior entrance shall be permitted.

D.

The facilities shall not collectively occupy more than 25 percent of the gross floor area of the entire project.

(Ord. No. 533, § 9, 4-6-2015)

SECTION 12-414.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

Twelve thousand (12,000) square feet.

SECTION 12-414.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-414.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building or structure shall exceed forty-five (45) feet in height except as otherwise provided in section 12-485 of this code, unless it is set back from side and rear lot lines an additional one (l) foot for each two (2) feet that the building height exceeds forty-five (45) feet.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district without parking or driveways in the side yard - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Year: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking space. It shall be used for deliveries only.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area. Main and accessory buildings and off-street parking and loading facilities shall not cover more than ninety (90) percent of the lot area. At least ten (10) percent of the lot (not including right-of-way) shall be green open space.

SECTION 12-414.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions of Section 12-465 of this code.

SECTION 12-414.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-414.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and show the required landscaping.

SECTION 12-420 - GENERAL DESCRIPTION

This district is intended to provide a location for a limited number of retail commercial goods and personal services which serve the day-to-day needs of the residents of surrounding neighborhoods. Because these shops and offices are lower intensity uses, they may be designed to be located along arterial streets in close proximity to housing areas or as limited service facilities in larger planned high-density housing areas. This district is limited to the types of uses that will not cause an adverse impact (i.e., noise, lighting, traffic) upon the surrounding area. Outdoor storage and display is not permitted.

SECTION 12-420.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the C-l Restricted Commercial District shall be used only for the following purposes:

A.

Public Service or Utility: Light.

B.

Public Service or Utility: Moderate.

C.

Low Impact Institution: Neighborhood Related.

D.

Cultural Exhibits.

E.

Library Services and Community Centers.

F.

Community Recreations: Restricted.

G.

Community Recreation: General.

H.

Community Recreation: Property Owners Association.

I.

Administrative and Professional Office.

J.

Animals: Grooming and Sales.

K.

Animal Sales and Services: Kennels and Veterinary, Restricted.

L.

Business Support Services.

M.

Child Care Center.

N.

Communications Services: Limited.

O.

Convenience Sales and Personal Services.

P.

Medical Services: Restricted.

Q.

Medical Services: General (includes Medical Marijuana Dispensaries).

R.

Personal Services: Restricted.

S.

Repair Services: Consumer.

T.

Retail Sales and Services: General.

(Ord. No. 533, § 3, 4-6-2015; Ord. No. 572, § 7; Ord. No. 522, § 1, 1-21-14)

SECTION 12-420.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in the C-1 Restricted Commercial District in accordance with provisions contained in this code.

A.

Moderate Impact Institutional

B.

Agriculture Supplies and Services

C.

Alcoholic Beverage: Retail Services

D.

Building Maintenance Services

E.

Communication Services: Towers

F.

Eating Establishments: Sit-down, Alcohol Not Permitted

G.

Eating Establishments: Sit-down, Alcohol Permitted

H.

Gasoline Sales: Restricted

I.

Health Clubs

J.

Participant Recreation and Entertainment: Indoor

K.

Personal Services: General

L.

Research Services

M.

Mining and Processing: Oil and Gas

N.

Limited Medical Marijuana Processing involving solely the rolling of marijuana cigarettes so long as the use does not impact the environment or neighbors and provided that such Limited Medical Marijuana Processing facility must be at the same location as a licensed medical marijuana dispensary, be permitted only to the dispensary licensee and shall operate only so long as the dispensary operates at that location.

(Ord. No. 533, § 10, 4-6-2015; Ord. No. 572, § 8)

SECTION 12-420.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

Six thousand (6,000) square feet.

SECTION 12-420.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, if fronting onto an arterial street, fifty (50) feet if fronting onto a collector or local street. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-420.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building or structure shall exceed thirty-five (35) feet in height except as otherwise provided in Section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district without parking or driveways in the side yard - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking space. It shall be used for deliveries only.

E.

Coverage: Main and accessory buildings shall not cover more than forty (40) percent of the lot area. Main and accessory buildings and off-street parking and loading facilities shall not cover more than ninety (90) percent of the lot area. At least ten (10) percent of the lot (not including right-of-way) shall be green open space.

SECTION 12-420.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions of 12-465 of this code.

SECTION 12-420.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-420.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and show the required landscaping.

SECTION 12-421 - GENERAL DESCRIPTION

This commercial district is intended to provide for a unified grouping, in one or more buildings, of retail shops, stores, and offices which are planned and developed as an operating unit and under single or multiple ownership. A development will typically contain such features as shared parking, driveways, and common facilities, adequate setbacks and landscaping; and sufficient on-site parking for customers and employees. Outdoor storage and display is not permitted.

SECTION 12-421.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the C-2 Planned Shopping Center District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Low Impact Institution: Neighborhood Related

D.

Cultural Exhibits

E.

Library Services and Community Centers

F.

Community Recreations: Restricted

G.

Community Recreation: General

H.

Community Recreation: Property Owners Association

I.

Administrative and Professional Office

J.

Animals: Grooming and Sales

K.

Animal Sales and Services: Kennels and Veterinary, Restricted

L.

Business Support Services

M.

Child Care Center

N.

Communications Services: Limited

O.

Convenience Sales and Personal Services

P.

Eating Establishments: Drive In

Q.

Eating Establishments: Fast Foods

R.

Eating Establishments: Sit-down, Alcohol Not Permitted

S.

Food and Beverage Retail Sales

T.

Gasoline Sales: Restricted

U.

Health Clubs

V.

Medical Services: Restricted

W.

Medical Services: General (includes Medical Marijuana Dispensaries)

X.

Personal Services: Restricted

Y.

Personal Services: General

Z.

Repair Services: Consumer

AA.

Research Services

BB.

Retail Sales and Services: General

CC.

Spectator Sports and Entertainment: Restricted

DD.

City of Noble or Noble Public Schools Community Information Sign

(Ord. No. 533, § 4, 4-6-2015; Ord. No. 572, § 9)

SECTION 12-421.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in C-2 Planned Shopping Center District in accordance with provisions contained in this code.

A.

Moderate Impact Institutional

B.

Agriculture Supplies and Services

C.

Alcoholic Beverage: Retail Services

D.

Building Maintenance Services

E.

Communication Services: Towers

F.

Drinking Establishments: Sit-down, Alcohol Permitted

G.

Eating Establishments: Sit-down, Alcohol Permitted

H.

Participant Recreation and Entertainment: Indoor

I.

Custom Manufacturing

J.

Mining and Processing: Oil and Gas

K.

Limited Medical Marijuana Processing involving solely the rolling of marijuana cigarettes so long as the use does not impact the environment or neighbors and provided that such Limited Medical Marijuana Processing facility must be at the same location as a licensed medical marijuana dispensary, be permitted only to the dispensary licensee and shall operate only so long as the dispensary operates at that location.

(Ord. No. 533, § 11, 4-6-2015; Ord. No. 572, § 10)

SECTION 12-421.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

One (1) Acre

SECTION 12-421.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

Two hundred (200) feet, measured along the front property line. Only one (1) side shall be considered the front.

SECTION 12-421.3 - SITE DESIGN REQUIREMENTS

A.

Height: No building or structure shall exceed thirty-five (35) feet in height except as otherwise provided in Section 12-485 of this code.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3

Abutting a residential district without parking or driveways in the side yard - ten (10) feet.

4

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least (5) feet away from the residential district.

5

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking space. It shall be used for deliveries only.

SECTION 12-421.4 - SCREEN AND LANDSCAPING

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions of section 12-465 of this code.

SECTION 12-421.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-421.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and show the required landscaping.

SECTION 12-422 - GENERAL DESCRIPTION

This commercial district is intended for the conduct of business activity which is located at the edge of residential areas but which serves a larger trade area than the immoderately surrounding residential neighborhoods. Business uses will most often be found in a wide variety of commercial structures, normally on individual sites with separate ingress, egress, and parking. Because of the varied uses permitted, it is important to be separated as much as possible visually and physically from any nearby residential areas and to limit the harmful effects of increased traffic, noise, and general non-residential activity which will be generated. Any outdoor displays, storage and sales shall be strictly prohibited unless conducted pursuant to a Special Use Permit that has been granted in conjunction with a Fee in Lieu of Sales Tax Agreement.

(Ord. No. 540, § 1, 1-4-2016)

SECTION 12-422.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the C-3 Community Commercial District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Low Impact Institutional: Neighborhood Related

D.

Cultural Exhibits

E.

Library Services and Community Centers

F.

Community Recreations: Restricted

G.

Community Recreation: General

H.

Community Recreation: Property Owners Association

I.

Administrative and Professional Office

J.

Animals: Grooming and Sales

K.

Animal Sales and Services: Kennels and Veterinary, Restricted

L.

Automotive and Equipment: Light

M.

Building Maintenance Services

N.

Business Support Services

O.

Child Care Center

P.

Communications Services: Limited

Q.

Construction Sales and Services No Outdoor Storage

R.

Convenience Sales and Personal Services

S.

Eating Establishments: Drive In

T.

Eating Establishments: Fast Foods

U.

Eating Establishments: Sit-down, Alcohol Not Permitted

V.

Food and Beverage Retail Sales

W.

Funeral and Interment Services: Undertaking

X.

Gasoline Sales: Restricted

Y.

Health Clubs

Z.

Laundry Services

AA.

Medical Services: Restricted

BB.

Medical Services: General (includes Medical Marijuana Dispensaries)

CC.

Participant Recreation and Entertainment: Indoor

DD.

Personal Services: Restricted

EE.

Personal Services: General

FF.

Personal Storage

GG.

Repair Services: Consumer

HH.

Research Services

II.

Retail Sales and Services: General

JJ.

Spectator Sports and Entertainment:

KK.

Tourist Accommodations: Lodging

LL.

(Reserved)

MM.

Horticulture

NN.

City of Noble or Noble Public Schools Community Information Sign

(Ord. No. 500, § 1, 5-16-2011; Ord. No. 533, § 5, 4-6-2015; Ord. No. 572, § 11)

SECTION 12-422.1.2 - SPECIAL USE PERMITS IN C-3 ZONES

The following uses may be permitted on review in accordance with provisions contained in this code.

A.

Moderate Impact Institutional

B.

High Impact Institutional

C.

Agriculture Supplies and Services

D.

Alcoholic Beverage: Retail Services

E.

Automotive Sales and Rentals: Light Indoor Sales Only

F.

Communication Services: Towers

G.

Drinking Establishments: Sit-down, Alcohol Permitted

H.

Eating Establishments: Sit-down, Alcohol Permitted

I.

Participant Recreation and Entertainment: Outdoor

J.

Spectator Sports and Entertainment: General

K.

Custom Manufacturing

L.

Mining and Processing: Oil and Gas

M.

Adult Novelty Shops and Sexually Orientated Businesses: Restricted

(Ord. No. 500, § 1, 5-16-2011; Ord. No. 533, § 12, 4-6-2015; Ord. No. 540, § 2, 1-4-2016; Ord. No. 553, § 2, 2-20-2017; Ord. No. 572, § 12; Ord. No. 577, § 3, 1-6-2020)

SECTION 12-422.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

Twelve Thousand (12,000) square feet.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-422.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, measured along the front property line. Only one (1) side shall be considered the front.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-422.3 - SITE DESIGN REQUIREMENTS

A.

Height: No restrictions, unless there is a residential zoning district (A-1, R-1-D, R-1-A, R-2, R-3, R-4, RM-1, or RM-2) within one hundred fifty (150) feet of the proposed building, where upon the building height shall be limited as follows:

1.

For the first seventy-five (75) feet of distance from said zoning district boundary, building height shall not exceed thirty-five (35) feet;

2.

From seventy-five (75) feet to one hundred fifty (150) feet of distance from said zoning district boundary, building height may be increased above thirty-five (35) feet to a maximum height of 6 (six) stories within a diagonal line representing two feet of additional building setback for every one (1) foot of additional height.

3.

For the balance of the parcel, building height may be increased above six (6) stories within a diagonal line representing one (1) foot of additional building setback for every two (2) feet of additional height.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line or as follows:

1.

The minimum depth of the front yard in the Downtown Business District of the City of Noble, Oklahoma, shall be zero (0) feet measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district - zero (0) feet

2.

Abutting a residential district without parking or driveways in the side yard - ten (10) feet.

3.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least (5) feet away from the residential district.

4.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

5.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking space. It shall be used for deliveries only.

3.

There shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in the Downtown Business District of the City of Noble, Oklahoma.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-422.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of Section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not abutting a residential district shall be landscaped in accordance with the provisions of section 12-465 of this code.

There shall be no landscaping requirements for the Downtown Business District of the City of Noble, Oklahoma.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-422.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

In addition, the Downtown Business District of the City of Noble, Oklahoma, shall contain at least two (2) paved parking spaces per twenty-five (25) feet of frontage, measured along the front property line.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-422.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and show the required landscaping.

(Ord. No. 500, § 1, 5-16-2011)

SECTION 12-423 - GENERAL DESCRIPTION

This commercial district is designed for the conduct of personal and business services and the general retail trade of the community and the surrounding area. Because the permitted uses may serve and employ large numbers of people, the activities conducted and traffic generated make this district very incompatible with residential development. Therefore, this district should be utilized at points of direct access from freeways, expressways, and arterial intersections, or in areas identified for heavy commercial activity that will be well separated from nearby residential areas. Outdoor storage and display is permitted.

SECTION 12-423.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the C-4 General Commercial District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Low Impact Institutional: Neighborhood Related

D.

Cultural Exhibits

E.

Library Services and Community Centers

F.

Community Recreation: Restricted

G.

Community Recreation: General

H.

Community Recreation: Property Owners Association

I.

Administrative and Professional Office

J.

Agricultural Supplies and Services

K.

Alcohol Beverage Retail Sales

L.

Animals: Grooming and Sales

M.

Animal Sales and Services: Kennels and Veterinary, Restricted

N.

Automotive and Equipment: Light

O.

Automotive Sales and Rentals: Light

P.

Automotive and Equipment: Storage

Q.

Building Maintenance Services

R.

Business Support Services

S.

Child Care Center

T.

Communications Services: Limited

U.

Construction Sales and Services

V.

Convenience Sales and Personal Services

W.

Eating Establishments: Drive In

X.

Eating Establishments: Fast Foods

Y.

Eating Establishments: Sit-down, Alcohol Not Permitted

Z.

Food and Beverage Retail Sales

AA.

Funeral and Interment Services: Undertaking

BB.

Gasoline Sales: Restricted

CC.

Gasoline Sales: General

DD.

Health Clubs

EE.

Laundry Services

FF.

Manufactured Housing and Travel Trailers: Sales and Services

GG.

Medical Services: Restricted

HH.

Medical Services: General (includes Medical Marijuana Dispensaries)

II.

Participant Recreation and Entertainment: Indoor

JJ.

Personal Services: Restricted

KK.

Personal Services: General

LL.

Personal Storage

MM.

Repair Services: Consumer

NN.

Research Services

OO.

Retail Sales and Services: General

PP.

Spectator Sports and Entertainment: Restricted

QQ.

Spectator Sports and Entertainment: General

RR.

(Reserved)

SS.

Tourist Accommodations: Lodging

TT.

Custom Manufacturing

UU.

Light Industrial: Restricted

VV.

(Reserved)

WW.

Horticulture

XX.

City of Noble or Noble Public Schools Community Information Sign

(Ord. No. 533, § 6, 4-6-2015; Ord. No. 572, § 13; Ord. No. 610, § 1, 3-20-2023)

SECTION 12-423.1.2 - SPECIAL USE PERMITS IN C-4 ZONES

The following uses may be permitted on review in accordance with provisions contained in this code.

A.

Moderate Impact Institutional

B.

High Impact Institutional

C.

Animal Sales and Services: Auctioning

D.

Animal Sales and Services: Horse Stables

E.

Animal Sales and Services: Kennels and Veterinary, General

F.

Automotive and Equipment: Heavy

G.

Automotive Equipment Sales and Rentals: Heavy

H.

Communication Services: Towers

I.

Drinking Establishments: Sit-down, Alcohol Permitted

J.

Eating Establishments: Sit-down, Alcohol Permitted

K.

Funeral and Internment Services: Cremating

L.

Participant Recreation and Entertainment: Outdoor

M.

Retail Sales: Outdoor Swap Meets

N.

Spectator Sports and Entertainment: High Impact

O.

Mining and Processing: Oil and Gas

P.

Wholesaling, Storage and Distribution: Restricted

Q.

Adult Novelty Shops and Sexually Orientated Businesses: Restricted

R.

Tourist Accommodations: Campground

(Ord. No. 533, § 13, 4-6-2015; Ord. No. 572, § 14; Ord. No. 577, § 4, 1-6-2020; Ord. No. 610, § 2, 3-20-2023)

SECTION 12-423.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

Twelve Thousand (12,000) square feet.

SECTION 12-423.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, measured along the front property line. Only one (1) side shall be considered the front.

SECTION 12-423.3 - SITE DESIGN REQUIREMENTS

A.

Height: No restrictions, unless there is a residential zoning district (A-1, R-1-D, R-1-A, R-2, R-3, R-4, RM-1, or RM-2) within one hundred fifty (150) feet of the proposed building, where upon the building height shall be limited as follows:

1.

For the first seventy-five (75) feet of distance from said zoning district boundary, building height shall not exceed thirty-five (35) feet;

2.

From seventy-five (75) feet to one hundred fifty (150) feet of distance from said zoning district boundary, building height may be increased above thirty-five (35) feet to a maximum height of 6 (six) stories within a diagonal line representing two feet of additional building setback for every one (1) foot of additional height.

3.

For the balance of the parcel, building height may be increased above six (6) stories within a diagonal line representing one (1) foot of additional building setback for every two (2) feet of additional height.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district without parking or driveways in the side yard - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking space. It shall be used for deliveries only.

SECTION 12-423.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of section 12-465 of this code pertaining to Screening and Landscaping. In addition, property not abutting a residential district shall be landscaped in accordance with the provisions of section 12-465 of this code.

SECTION 12-423.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and 12-470 of this code.

SECTION 12-423.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code and show the required landscaping.

SECTION 12-430 - GENERAL DESCRIPTION

This industrial district is intended to accommodate low impact industrial development. Noise, odor, dust, and glare produced should be confined within an enclosed building, as well as any manufacturing, assembly, repair or work activity. Outside storage of materials or products not actively offered for sale is permitted, but will require sight proof screening. These industrial uses may require good accessibility to air, rail, or street transportation routes, but the size and volume of the raw materials and finished products should not be as great as that produced by uses in the moderate and heavy industrial districts.

SECTION 12-430.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the I-1 Light Industrial District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Cultural Exhibits

D.

Administrative and Professional Office

E.

Agricultural Supplies and Services

F.

Animal Sales and Services: Kennels and Veterinary, Restricted

G.

Automotive and Equipment: Light

H.

Automotive Sales and Rentals: Light

I.

Building Maintenance Services

J.

Business Support Services

K.

Communications Services: Limited

L.

Construction Sales and Services

M.

Eating Establishments: Drive In

N.

Eating Establishments: Fast Foods

O.

Eating Establishments: Sit-down, Alcohol Not Permitted

P.

Gasoline Sales: Restricted

Q.

Gasoline Sales: General

R.

Health Clubs

S.

Laundry Services

T.

Personal Services: General

U.

(Reserved)

V.

Repair Services: Consumer

W.

Research Services:

X.

(Reserved)

Y.

Tourist Accommodations: Lodging

Z.

Custom Manufacturing

AA.

Light Industrial: Restricted

BB.

Light Industrial

CC.

Wholesaling, Storage, and Distribution: Restricted

DD.

Transportation Facilities: Passenger

EE.

Horticulture

FF.

City of Noble or Noble Public Schools Community Information Sign

SECTION 12-430.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in the I-1 Light Industrial District in accordance with provisions contained in this Code:

A.

Animal Sales and Services: Kennels and Veterinary, General

B.

Child Care Center

C.

Communications Services: Towers

D.

Drinking Establishments: Sit-down, Alcohol Permitted

E.

Eating Establishments: Sit-down, Alcohol Permitted

F.

Funeral and Interment Services: Cremating

G.

Mining and Processing: Oil and Gas

H.

Medical marijuana processing

I.

Medical marijuana testing facilities

J.

Medical marijuana education facilities

K.

Medical marijuana research facilities

L.

Medical marijuana grow facilities limited to no more than 300 plants.

(Ord. No. 572, § 15)

SECTION 12-430.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

None

SECTION 12-430.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, if fronting onto an arterial street, none if along a collector or Local Street. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-430.3 - SITE DESIGN REQUIREMENTS

A.

Height: No restrictions, unless there is a residential zoning district (A-1, R-1-D, R-1-A, R-2, R-3, R-4, RM-1 or RM-2) within one hundred fifty (150) feet of the proposed building, where upon the building height shall be limited as follows:

1.

Building height shall not exceed thirty-five (35) feet;

2.

For the first seventy-five (75) feet of distance from said zoning district boundary, building height may be increased above thirty-five (35) feet to a maximum height of six (6) stories within a diagonal line representing two feet of additional building setback for every one (1) foot of additional height.

3.

For the balance of the parcel, building height may be increased above six (6) stories within a diagonal line representing one foot (1) of additional building setback for every two (2) feet of additional height.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district with no parking or driveways in the side yard - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least five (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking spaces and shall be used for deliveries Abutting a residential district - ten (10) feet only.

E.

Coverage: Main and accessory buildings and off-street parking and loading facilities shall not cover more than ninety (90) percent of the lot area. At least ten (10) percent of the lot area (not including right-or-way) shall be green open space.

SECTION 12-430.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with the provisions of section 12-465 of this code.

SECTION 12-430.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-430.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code.

SECTION 12-431 - GENERAL DESCRIPTION

This industrial district is intended is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesale, and service uses which may generate relatively low levels of noise, odor, smoke, dust, or intense light. Industrial uses permitted may require good accessibility to air, rail or street transportation routes, but do not depend heavily on frequent personal visits of customers or clients. Provision is also made for outdoor operations and storage.

SECTION 12-431.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the I-2 Moderate Industrial District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Cultural Exhibits

D.

Administrative and Professional Office

E.

Agricultural Supplies and Services

F.

Animal Sales and Services: Kennels and Veterinary, Restricted

G.

Animal Sales and Services: Kennels and Veterinary, General

H.

Automotive and Equipment: Light

I.

Automotive and Equipment: Heavy

J.

Automotive Sales and Rentals: Light

K.

Automotive and Equipment: Storage

L.

Building Maintenance Services

M.

Business Support Services

N.

Communications Services: Limited

O.

Construction Sales and Services

P.

Eating Establishments: Drive In

Q.

Eating Establishments: Fast Foods

R.

Eating Establishments: Sit-down, Alcohol Not Permitted

S.

Funeral and Internment Services: Cremating

T.

Gasoline Sales: Restricted

U.

Gasoline Sales: General

V.

Health Clubs

W.

Laundry Services

X.

Manufactured Housing and Travel trailers: Sales and Services

Y.

Personal Services: General

Z.

(Reserved)

AA.

Repair Services: Consumer

BB.

Research Services:

CC.

(Reserved)

DD.

Tourist Accommodations: Lodging

EE.

Custom Manufacturing

FF.

Light Industrial: Restricted

GG.

Light Industrial

HH.

Moderate Industrial

II.

Wholesaling, Storage, and Distribution: Restricted

JJ.

Transportation Facilities: Passenger

KK.

Transportation Facilities: Freight, Restricted

LL.

Agricultural Processing: Limited:

MM.

Agricultural Processing: General

NN.

Horticulture

OO.

City of Noble or Noble Public Schools Community Information Sign

SECTION 12-431.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in the I-2 Moderate Industrial District in accordance with provisions contained in this Code:

A.

Child Care Center

B.

Communications Services: Towers

C.

Drinking Establishments: Sit-down, Alcohol Permitted

D.

Eating Establishments: Sit-down, Alcohol Permitted

E.

Retail Sales and Services: Outdoor Swap Meets

F.

Wholesaling, Storage, and Distribution: General

G.

Mining and Processing: Oil and Gas

H.

Medical marijuana processing facilities

I.

Medical marijuana grow facilities

J.

Medical marijuana testing facilities

K.

Medical marijuana education facilities

L.

Medical marijuana research facilities

(Ord. No. 572, § 16)

SECTION 12-431.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

None

SECTION 12-431.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, if fronting onto an arterial street, none if along a collector or local street. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-431.3 - SITE DESIGN REQUIREMENTS

A.

Height: No restrictions, unless there is a residential zoning district (A-1, R-1-D, R-1-A, R-2, R-3, R-4, RM-1 or RM-2) within one hundred fifty (150) feet of the proposed building, where upon the building height shall be limited as follows:

1.

For the first seventy-five (75) feet of distance from said zoning district boundary, building height shall not exceed thirty-five (35) feet;

2.

From seventy-five (75) feet of distance from said zoning district boundary, building height may be increased above thirty-five (35) feet to a maximum height of six (6) stories within a diagonal line representing two feet of additional building setback for every one (1) foot of additional height.

3.

For the balance of the parcel, building height may be increased above six (6) stories within a diagonal line representing one foot (1) of additional building setback for every two (2) feet of additional height.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district with no parking or driveways in the side yard - ten (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least five (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking spaces, and shall be used for deliveries only.

SECTION 12-431.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with the provisions of section 12-465 of this code pertaining to Screening and Landscaping.

SECTION 12-431.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-431.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code.

SECTION 12-432 - GENERAL DESCRIPTION

This industrial district is intended to provide locations for those industrial uses which may generate relatively high levels of noise, vibrations, smoke, odor, dust, or light. The industrial uses permitted in this district are generally incompatible with residential uses. For this reason, it is desirable that they be located down wind and as far away as possible from residential, office, and most commercial uses.

SECTION 12-432.1.1 - USES PERMITTED BY RIGHT

Property and buildings in the I-3 Heavy Industrial District shall be used only for the following purposes:

A.

Public Service or Utility: Light

B.

Public Service or Utility: Moderate

C.

Administrative and Professional Office

D.

Agricultural Supplies and Services

E.

Animal Sales and Services: Kennels and Veterinary, Restricted

F.

Animal Sales and Services: Kennels and Veterinary, General

G.

Automotive and Equipment: Light

H.

Automotive and Equipment: Heavy

I.

Automotive Sales and Rentals: Light

J.

Automotive and Equipment Sales and Rentals: Heavy

K.

Automotive and Equipment: Storage

L.

Building Maintenance Services

M.

Business Support Services

N.

Communications Services: Limited

O.

Construction Sales and Services

P.

Eating Establishments: Drive In

Q.

Eating Establishments: Fast Foods

R.

Eating Establishments: Sit-down, Alcohol Not Permitted

S.

Funeral and Internment Services: Cremating

T.

Gasoline Sales: Restricted

U.

Gasoline Sales: General

V.

Health Clubs

W.

Laundry Services

X.

Manufactured Housing and Travel Trailers: Sales and Rentals

Y.

Personal Services: General

Z.

(Reserved)

AA.

Repair Services: Consumer

BB.

Research Services:

CC.

(Reserved)

DD.

Tourist Accommodations: Lodging

EE.

Custom Manufacturing

FF.

Light Industrial: Restricted

GG.

Light Industrial

HH.

Moderate Industrial

II.

Heavy Industrial

JJ.

Wholesaling, Storage, and Distribution: Restricted

KK.

Wholesaling, Storage, and Distribution: General

LL.

Transportation Facilities: Passenger

MM.

Transportation Facilities: Freight, Restricted

NN.

Transportation Facilities: Freight, General

OO.

Agricultural Processing: Limited

PP.

Agricultural Processing: General

QQ.

Horticulture

RR.

City of Noble or Noble Public Schools Community Information Sign

SECTION 12-432.1.2 - SPECIAL USE PERMITS

The following uses may be permitted on review in the I-3 Heavy Industrial District in accordance with provisions contained in this Code:

A.

Public Service or Utility: Heavy

B.

Sanitary Landfill

C.

Hazardous Waste Disposal

D.

Drinking Establishments: Sit-down, Alcohol Permitted

E.

Eating Establishments: Sit-down, Alcohol Permitted

F.

Child Care Center

G.

Communications Services: Towers

H.

Retail Sales and Services: Outdoor Swap Meets

I.

Hazardous Industrial

J.

Scrap Operations

K.

Transportation Facilities; Aircraft

L.

Animal Waste Processing

M.

Mining and Processing: Minerals and Raw Materials

N.

Mining and Processing: Oil and Gas

O.

Medical marijuana processing facilities

P.

Medical marijuana testing facilities

Q.

Medical marijuana education facilities

R.

Medical marijuana research facilities

S.

Medical marijuana growing facilities.

T.

Medical marijuana waste disposal facilities licensed by the State of Oklahoma

(Ord. No. 572, § 17)

SECTION 12-432.2.1 - MINIMUM AREA FOR A CHANGE IN ZONING DISTRICT

None

SECTION 12-432.2.2 - MINIMUM FRONTAGE FOR A CHANGE IN ZONING DISTRICT

One hundred (100) feet, if fronting onto an arterial street, none if along a collector or local street. The measurement shall be along the front property line. Only one (1) side shall be considered the front.

SECTION 12-432.3 - SITE DESIGN REQUIREMENTS

A.

Height: No restrictions, unless there is a residential zoning district (A-1, R-1-D, R-1-A, R-2, R-3, R-4, RM-l or RM-2) within one hundred fifty (150) feet of the proposed building, where upon the building height shall be limited as follows:

1.

For the first seventy-five (75) feet of distance from said zoning district boundary, building height shall not exceed thirty-five (35) feet;

2.

From seventy-five (75) to one hundred fifty (150) feet of distance from said zoning district boundary, building height may be increased above thirty-five (35) feet to a maximum height of six (6) stories within a diagonal line representing two feet of additional building setback for every one (1) foot of additional height.

3.

For the balance of the parcel, building height may be increased above six (6) stories within a diagonal line representing one (1) foot of additional building setback for every two (2) feet of additional height.

B.

Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, measured from the front property line.

C.

Side Yard: Minimum building setback shall be as follows:

1.

Abutting a commercial or industrial district with a common wall - zero (0) feet.

2.

Abutting a commercial or industrial district without a common wall - five (5) feet.

3.

Abutting a residential district with no parking or driveways in the side yard ten - (10) feet.

4.

Abutting a residential district with a driveway or parking in the side yard - fifteen (15) feet. The driveway or parking lot must be at least five (5) feet away from the residential district.

5.

Exterior lot line abutting an arterial street - twenty-five (25) feet.

6.

All other exterior lots - fifteen (15) feet.

D.

Rear Yard: None, except where a platted building line exists or as follows:

1.

Abutting a residential district - ten (10) feet.

2.

If the 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 thirty (30) feet. This thirty feet cannot be used or counted for parking spaces. It shall be used for deliveries only.

SECTION 12-432.4 - SCREENING AND LANDSCAPING REQUIREMENTS

Property abutting a residential district shall be screened and landscaped in accordance with the provisions of section 12-465 of this code pertaining to Landscaping and Screening.

SECTION 12-432.5 - OFF-STREET PARKING, LOADING, AND ACCESS

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with the regulations established in Section 12-470 of this code.

SECTION 12-432.6 - SITE PLAN

A site plan shall be developed in accordance with the provisions contained in this code.

SECTION 12-440 - EXTERIOR APPEARANCE RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS

A.

PURPOSE. This Section is intended to promote high standards in architectural design and creative, innovative, aesthetically pleasing structures. The City's goal is to create and maintain a positive ambiance and community image by providing for building design treatments that shall enhance the visual appearance of applicable development.

B.

NON-RESIDENTIAL BUILDINGS. All new construction beginning from the date of the approval of this ordinance must include masonry facades as outlined below. For purposes of non-residential buildings, masonry materials shall mean and include brick, slump-faced or decorative concrete masonry unit (CMU), stucco, concrete (poured in place, pre-cast or tilt-wall) with aggregate, sandblasted or textured coating finish, stone, rock or other structural material of equal durability and architectural effect.

1.

Buildings requiring masonry on all sides: All buildings constructed on property zoned O-1, O-2, C-1, C-2, C-3, and C-4 shall have all exterior walls constructed using masonry materials covering at least forty (40) percent of said walls excluding doors, windows, columns, and other architectural elements as approved by the City Manager.

2.

Buildings requiring masonry along street frontage only: All buildings constructed on property zoned I-1, I-2, and I-3 shall have all sides of the structure which is oriented or facing any abutting street constructed using masonry materials covering at least forty (40) percent masonry materials excluding doors, windows, columns, and other architectural elements as approved by the City Manager.

C.

RESIDENTIAL BUILDINGS. All new residential construction beginning from the date of the approval of this ordinance must include masonry facades as outlined below. For purposes of residential buildings, masonry materials shall mean and include brick, stucco, stone, rock or other structural material of equal durability and architectural effect. Concrete masonry units and concrete panel construction shall not be considered allowable residential masonry materials and shall be prohibited in the construction of residential units.

1.

All single, two-family and multifamily developments shall consist of forty (40) percent masonry materials excluding doors, windows, columns, and other architectural elements as approved by the City Manager.

2.

Residential masonry requirements do not apply above the plate line or trim work, such as gables and soffits.

3.

The exterior veneer of a chimney constructed as part of an extension to the exterior wall of a residential structure must be constructed of like or similar brick or other masonry material to that of the primary structure and the exterior veneer of chimneys shall not be constructed of wood, lumber or vinyl products.

4.

These residential masonry regulations shall not be construed to apply to:

a.

Single family residential structures on lots exceeding 2.5 acres in area; or

b.

Residential structures that are being constructed on a lot previously occupied by a destroyed residential structure if the construction of the replacement residential structure begins not more than twenty-four (24) months after the destruction of the residential structure being replaced unless the building permit for the structure that is being replaced was issued after October 21, 2019; or

c.

Residential structures on lots where the three (3) closest residential structures do not contain any residential masonry materials; or

d.

Temporary buildings and temporary building material storage areas to be used for construction purposes where a temporary permit was issued for a specific period of time and was subject to periodic renewal; or

D.

PLANNED UNIT DEVELOPMENTS. Deviations from the requirements of this section may be approved as a part of a Planned Unit Development in accordance with the regulations governing Planned Unit Developments in the City of Noble Zoning Code.

(Ord. No. 545, § 1, 7-18-2016; Ord. No. 569, § 1, 10-20-2019)

SECTION 12-450 - GENERAL DESCRIPTION

The purpose of this section is to supplement the regulations of the individual districts. Specific references have been made to this section for greater clarification, amplification, and specification. A violation of these Supplemental Regulations shall be a violation of the regulations of the zoning district in which the use is located.

SECTION 12-451.1 - REQUIREMENTS

Where a site plan is required, it shall be drawn on a 24x36 inch sheet at a minimum scale of 100 feet to an inch. The site plan shall show the exact size, shape, and dimensions of the property, the existing proposed topographic characteristics of the site at a contour interval of not more than two (2) feet, the locations of all existing and proposed buildings and structures, the location of all parking spaces and loading facilities, public and private easements, existing utilities, exterior lighting, all ingress and egress driveways, and any drainage facilities.

SECTION 12-451.2 - APPROVAL

The City Engineer shall approve the site plan. In order for an occupancy permit to be granted, all construction shall conform to the approved site plan.

SECTION 12-451.3 - FAILURE TO COMPLY

Whenever the City Engineer finds that any proposed construction varies substantially from the site plan, the change shall be referred to the Planning Commission for review at a Public Hearing. A substantial variation is defined as an increase or decrease in the size of the building by 20%, increase in the number of curb cuts or change in direction of curb cuts, and change in point of the discharge of water. A change in the use of a building or property, with said change in use being a permitted use in the applicable zoning district, does not require the site plan to be reviewed by the Planning Commission.

SECTION 12-451.4 - AMENDMENT

Amendments to the site plan shall occur in the same manner as the original application.

SECTION 12-460 - GENERAL DESCRIPTION AND AUTHORIZATION

The uses listed under the various districts as special uses permissible after hearing and approval are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district. With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain special uses may be permitted in an area where they will be compatible with existing or planned land use. The City Planning Commission, sitting as a Zoning Commission, shall hold public hearings and make recommendations to the City Council. The City Council, after notice and public hearing shall review each case on its own merits, applying the criteria established herein, and, if appropriate, authorize said use by granting the special use permit. All the uses permitted in the specified district plus the special use permit requested, shall be authorized by the granting of a special permit.

SECTION 12-461 - APPLICATION

Application and public hearing procedures for a special permit shall be completed in the same manner as an application for rezoning. See Section 12-805 herein and also 11 O.S. §43-104 through 11 O.S. §43-106. A site plan shall be included with the application as outlined in this code.

SECTION 12-462 - CRITERIA FOR SPECIAL PERMIT APPROVAL

The City Planning Commission and the City Council shall use the following criteria to evaluate a special use permit:

A.

Whether the proposed use shall be in harmony with the policies of the Comprehensive Plan.

B.

Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations.

C.

Whether the proposed use shall not adversely affects the use of neighboring properties.

D.

Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood.

E.

Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the City.

The City Council may impose specific conditions regarding location, design, operation, and screening to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.

SECTION 12-463 - STATUS OF SPECIAL USE PERMITS

Once a special use permit has been granted, the use shall not be enlarged, extended, increased in intensity, or relocated without an application for a new special use permit. All special use permits shall expire by default:

A.

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

B.

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

C.

Whenever the City Code Enforcement Officer finds that any proposed construction or occupancy will not, in his opinion, substantially comply with the special use permit, he shall issue a Notice of Violation.

D.

When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.

SECTION 12-465 - GENERAL

The purpose of this provision is to provide visual separation along streets and between residential areas and area of higher intensity land uses. The Development Regulations in individual zoning districts indicate sight-proof screening and landscaping requirements subject to the provisions of this Section.

SECTION 12-465.1.1 - SIGHT-PROOF SCREENING

A.

Sight-proof screening consists of: Sight-proof fencing or sight-proof landscaping, including decorative fencing, evergreen vegetation or landscaped earth berms maintained for the purpose of concealing from view the property or structure behind such fence, evergreen vegetation or berm;

B.

Strategic placement of buildings to restrict view of items required to be screened by this Planning and Zoning Code. Said buildings shall be permitted to be used for screening individually or in combination with fences or landscaping elements.

SECTION 12-465.1.2 - SIGHT-PROOF FENCE

A sight-proof fence is a fence or wall that conforms to the following standards:

A.

A minimum of six (6) feet but not more than eight (8) feet in height;

B.

Attractive;

C.

Made of wood, masonry, stockade poles, or other suitable ornate material;

D.

Sufficiently stable to withstand wind force at 15 pounds of pressure per square foot;

E.

Permanently anchored to the ground by a base situated entirely upon its subject property;

F.

Obscures vision from one property to another;

G.

Kept in an attractive state and in good repair at all times by the property owner.

SECTION 12-465.1.3 - SIGHT-PROOF LANDSCAPING

Sight-proof landscaping shall conform to the following standards:

A.

Consisting of evergreen vegetation or landscaped earth berms;

B.

A minimum of six (6) feet in height;

C.

Sufficient to screen from the view of the abutting property the area required to be screened by this code.

SECTION 12-465.2 - GENERAL LANDSCAPING

The aesthetic improvement of land by adding trees, shrubs, lawns, ground cover, or flowers, frequently in combination with ornamental elements such as rock gardens, walkways, terraces, or berms.

SECTION 12-465.3.1 - CONSTRUCTION PRIOR TO OCCUPANCY

Where property within any zonings district is required by the Development Regulations Section of that district to have sight-proof screening, no use or conversion of use shall be made of the property until the owner or occupant has erected sight-proof screening in conformance with the requirements of this Section.

SECTION 12-465.3.2 - SIGHT-PROOF FENCE PLAN

All required sight-proof fencing shall be shown on the site plan accompanying the application for a building permit or remodeling permit.

SECTION 12-465.4 - SIGHT-PROOF LANDSCAPING PLAN

A landscaping plan shall be required as part of the site plan submitted for a building permit, when the applicant chooses to use evergreen vegetation or landscaped earth berms to meet screening requirements.

SECTION 12-465.5 - OPTIONAL SIGHT-PROOF SCREENING PERMITTED

The owner of a multifamily, office, commercial, or industrial use may install a sight-proof screen on the property line across the front and side of his property, provided that sight triangles at access points and street intersections are excluded.

SECTION 12-465.6 - REQUIRED SIGHT-PROOF SCREENING ALONG LOCAL RESIDENT STREETS

When property within an industrial zoning district is separated by a local residential street from a residential zoning district, no industrial use shall be made of the industrial property until the owner or occupant has erected sight-proof screening along a side or rear property line or along the front building or property line provided that required sight triangles at access points and street intersections must not be encumbered. If there is any outdoor work, sales, display, and storage areas in the required front yard, sight-proof screening shall be required along the front property line.

SECTION 12-465.7.1 - LANDSCAPING REQUIRED

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; it shall not be used for the location of any permanent or temporary accessory or non-accessory signs or access or directional signs with advertising. Directional signs without advertising may be permitted in the right-of-way provided they are approved by.

SECTION 12-465.7.2 - LANDSCAPE MAINTENANCE AND ENFORCEMENT

Maintenance and enforcement shall be as hereinafter set forth.

SECTION 12-465.8 - PROPERTY OWNER RESPONSIBILITY

It shall be the responsibility of the property owner to maintain in good condition all of the improvements required by this Section. Any required fence which is damaged shall be repaired, and any vegetation which dies shall be replaced no later than the following planting season (spring or fall).

SECTION 12-465.9 - ENFORCEMENT AND APPEAL

When it is determined by the Code Enforcement Officer, or other person designated by the City Manager, that improvements required by this Section 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 thirty (30) days to comply with the notice; provided, however, that any person aggrieved by any such order of the notice, may file an appeal within the thirty (30) day period to the Board of Adjustment.

SECTION 12-465.10 - FAILURE TO COMPLY

Failure to provide the improvements required by this Planning and Zoning Code or failure to maintain required improvements in the manner prescribed by this Planning and Zoning Code shall constitute an offense and violation of this code.

SECTION 12-470 - GENERAL

These regulations provide that adequate parking, loading, and maneuvering facilities will be a part of all land uses within the City. These regulations establish standards and review procedures intended to assure that the demand created by each land use will be satisfied by facilities which are functionally adequate and aesthetically pleasing.

SECTION 12-470.1 - OFF-STREET PARKING AND LOADING REQUIRED

Permanent off-street parking and loading area in the amount specified by this Section for each use shall be provided at the time of the erection of any building, or at the time any main building is enlarged or increased, or before conversion from one type of use or occupancy to another. This must be done in the amount required for the enlargement or increase in capacity by the adding of dwelling units, quest rooms, seats, or floor area.

SECTION 12-470.2 - USE OF PUBLIC RIGHT-OF-WAY PROHIBITED

No portion of any required off-street space shall occupy or use any public street, right-of-way, alley, or other public property. Parking spaces which use any street or public right-of-way as a direct means of access without the intermediate use of service aisles and entrances of at least the minimum standards specified by this Section shall be prohibited. A public alley shall be the only public right-of-way area permitted for maneuvering space to reach a required parking stall.

SECTION 12-470.3 - MINIMUM STANDARDS AND PROPERTY OWNER RESPONSIBILITY

The standards contained herein represent minimum requirements. It shall be the responsibility of the property owner to certify at the time he applies for a building permit that his plan is sufficient to provide sufficient spaces and facilities necessary to assure that no activity will take place on public streets or property not under his control. Any use developed after the date of adoption of these regulations which fails to provide for its off-street parking, loading, and access needs according to this provision shall be in violation of this Zoning Planning and Zoning Code. Upon determination by the Director that a property owner has not provided adequate parking or loading space pursuant to the requirements contained herein to serve his operation, said property owner shall be required to either develop additional parking or loading space or reduce the size of the operation to fit the space available.

(Ord. No. 544, § 1, 5-16-2016)

SECTION 12-470.4 - OWNERSHIP OR CONTROL

The land on which the off-street parking or loading facility is located shall be owned or controlled by the same entity which owns or controls the land on which the principal use is located.

SECTION 12-470.5 - APPROVAL PROCEDURE FOR OFF-STREET PARKING, LOADING, AND ACCESS

A.

New Construction/Remodeling/Change of Occupancy. No building permit shall be approved until a plan has been reviewed and approved by the City Engineer, as a part of the building and site plan review process. No Certificate of Occupancy shall be issued until all off-street parking and loading facilities have been constructed in accordance with the approved building permit.

B.

Plan and Information Required. The applicant for a building permit of new construction, expansion, remodeling, change in occupancy, or striping an existing parking area shall submit a plan (this may be a part of the site plan) showing the number, location, size, and type of parking spaces and circulation pattern. The applicant shall submit information regarding the projected number of employees, seating capacities, gross floor area, gross leasable area, number of dwelling units, and any other appropriate data necessary to verify compliance with these regulations.

C.

Plans for Surfacing of Parking Area. Plans for surfacing of all off-street parking areas, aisles, and access driveways, including detailed drainage plans, shall be reviewed and approved by the for compliance with the approved plans.

SECTION 12-470.6 - INTERPRETATION AND APPEAL

If questions of interpretation or application of these requirements to particular uses or structures arise, the City Engineer shall, based on findings of fact, make a determination of the off-street parking, loading or access requirements. Any aggrieved property owner may appeal such determination to the Board of Adjustment.

SECTION 12-470.7 - OFF-STREET PARKING STANDARDS

A.

Remote Parking Permitted. The off-street parking lot shall be located within two hundred (200) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley, except as otherwise provided herein.

B.

Joint Parking Facilities. The required parking space for any number of separate uses may be combined in a joint parking facility under the following conditions:

1.

Whenever two (2) or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility cooperatively established and operated, which contains the requisite number of spaces for each use. The joint parking facility shall be located within the required distance defined in the Parking and Loading sections and the joint parking lot shall not be separated by major streets as defined in the Subdivision Regulations. The total number of spaces provided shall not be less than the sum of the individual requirements unless otherwise permitted in this section. Spaces provided for permanent residents of dwellings shall be clearly designated and separated from spaces provided for employees, customers and service.

2.

Multiple Ownerships or Structures. Where there are multiple ownerships or structures, each owner shall provide evidence of a permanent legal instrument provided by the which guarantees right to use of the parking facility with the being a part of any creation or vacation of said agreement. The owner shall notify any time such agreements are terminated or amended.

3.

Churches. Churches may establish joint parking facilities with public institutions and agencies that do not have a time conflict in parking demand. However, only fifty (50) percent of the required space may be provided in this way. The joint parking facility shall be located not to exceed four hundred (400) feet from the church sanctuary.

4.

Specific Uses in Shopping or Office Complexes. The required parking spaces for the use units specifically listed below shall be permitted to be reduced by one-half, provided they are part of a shopping or office complex of one or more buildings totaling 48,000 square feet or more of Gross Leasable Area and which share Gross Leasable Area and which share joint access and parking facilities as described in the Parking and Loading sections; and provided further that the Gross Leasable area of all of these uses listed below in the building or complex shall not exceed 20 percent of the total Gross Leasable Area of the building or complex. Any Gross Leasable Area in excess of said 20 percent shall require parking spaces to be provided according to the regular standards contained herein. The use units subject to this provision are:

(a)

Drinking Establishments: Sit-down, Alcohol Permitted

(b)

Eating Establishments: Sit-down, Alcohol not Permitted

(c)

Eating Establishments: Sit-down, Alcohol Permitted

(d)

Spectator Sports and Entertainment: Restricted

(e)

Shared Parking - Cumulative Effect

Where more than one facility shows evidence of joint use agreements for common access and a cross parking arrangement resulting in reduced street access points, parking requirements will be based upon the cumulative gross floor area of all structures.

SECTION 12-470.8 - PARKING AREA CONSTRUCTION

A.

Paving. All off-street parking areas, aisles, and access driveways shall be permanently paved with hard surface pavement. Provided, however, that driveways leading to one single family residence or one two family residence which exceed fifty (50) feet in length, measured from the street property line to the front of the house, shall be at least eight (8) feet wide and four (4) inches thick of compacted limestone rock, provided that the driveway approved is on the public right-of-way and that the parking area of two (2) parking spaces for family units as described by this Planning and Zoning Code hard surfaced. All portions of access driveways on public right-of-way connected to paved streets for which the grade has been established must be permanently paved with hard-surfaced pavement and comply with all Codes relating to driveway construction. Permanent hard-surface pavement shall mean a surface covering over earth, gravel or other natural or artificial base or foundation that shall meet or exceed the following minimum standards.

1.

Two inches of hot asphaltic concrete or double bituminous seal on a four inch base of stabilized aggregate or the equivalent thereto, which has been approved by the City Engineer.

2.

Four inches of portland cement concrete, or

3.

All portions of access driveways on public right-of-way: Six inches of portland cement concrete.

B.

Striping. Off-street parking areas shall be designed to provide systematic and orderly circulation, traffic separation devices, and parking spaces in accordance with this Section and with sound traffic engineering practices.

1.

All off-street parking spaces and means of ingress and egress shall be laid out on the parking surface with paint or plastic striping that provide a permanent delineation between spaces, aisles, and surrounding structures and land.

2.

No striping shall be required on lots having only single family detached, two family attached, or town house residential structures.

C.

Separation from Public Right-of-Way. All off-street parking areas, aisles, and access driveways that abut public street right-of-way shall be separated by a six inch portland cement concrete header curb, bumper or landscape timbers and shall be designed so that vehicles do not overhang public right-of-way or adjacent property.

1.

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.

2.

The requirements for outside lighting for unattended parking areas, outside storage and other areas with minimum outside lighting should read as follows:

3.

Unattended parking lots should have one candlepower lighting per square foot; outside storage areas should have 0.2 candlepower lighting per square foot.

4.

The 0.2 candlepower lighting per square foot should be used in restricted areas to be lighted.

D.

Clearance.

1.

There shall be a minimum vertical clearance free of all obstructions to a height of 8 feet for all portions of any off-street parking space, except when off-street parking spaces are provided in a parking structure, a residential garage or carport. No obstruction shall project into this minimum clearance.

2.

There shall be no obstruction within or near the bounds of new required off-street parking space which would interfere with the normal availability and use thereof.

SECTION 12-470.9 - ACCESSIBLE PARKING REQUIRED

Parking spaces for vehicles with handicapped drivers shall be provided in accordance with this Section. Said spaces shall be included in the computation of required spaces as follows:

Parking RequirementAccessible Spaces
Less than 25 1 Van Accessible Space
26 - 50 1 Accessible Space plus
1 Van Accessible Space
51 - 75 2 Accessible Spaces plus
1 Van Accessible Space
76 - 100 3 Accessible Spaces plus
1 Van Accessible Space
Over 100 3% of the total number of spaces
with 25% of All Accessible spaces
Designed as Van Accessible Spaces

 

Note 1.  Any portion of an accessible space requirement shall be rounded to the next whole number.
Note 2. Any portion of a van accessible space requirement shall be rounded to the next whole number.

 

SECTION 12-470.10 - SPECIFIC PARKING REQUIREMENTS

The specific parking requirements for each use is listed in Table 12-470.1 of this code. In cases where a use unit has no specific standard determined by this code, the City Engineer shall make a determination of need after review of the site plan. Any disagreement with the decision of the City Engineer may be appealed to the Board of Adjustment.

A.

Basic Design Standards. The basic parking stall is 8.5 feet in width and l8.5 feet in length. The minimum design standards for the basic parking stall as well as the dimensions to be followed if the optional parking stall size of 9.0 or 9.5 feet is used are shown in Table 12-470.2. Nothing in these standards shall prohibit an owner/applicant from providing larger aisle widths or stall dimensions in excess of these minimum standards in order to better suit his development requirements.

B.

Alternate Design Standard. While Table 12-470.2 has design standards for angles of 0, 45, 60, 75, and 90 degrees, the City Engineer shall be permitted to approve an alternate design using different angles, provided the property owner submits such a design with calculations for stalls and aisles based upon the standards contained herein.

TABLE 12-470.1

UNIT USE CLASSIFICATION WITH APPLICABLE PARKING STANDARDS
USE UNITPARKING STANDARD
RESIDENTIAL USE UNITS
12-304.1 Single Family Detached Residential 2 spaces per dwelling unit
12-304.1.1 Loft Apartments 1.5 spaces per dwelling unit
12-304.1.2 Tourist Accommodations: Bed and Breakfast 1 space per rental unit
12-304.2 Two Family Attached Residential 2 spaces per dwelling unit
12-304.3 Townhouse 2 spaces per dwelling unit
12-304.4 Multifamily Residential
 Efficiency and 1 Sleeping Room 1.5 spaces per dwelling unit
 2 or more Sleeping Rooms 2 spaces per dwelling unit
12-304.5 Mobile Home Residential 2 spaces per dwelling unit
12-304.6 Group Residential Engineer Approval
PUBLIC AND QUASI-PUBLIC USE UNITS
12-304.7 Public service or Utility: Light Engineer Approval
12-304.8 Public service or Utility: Moderate Engineer Approval
12-304.9 Public service or Utility: Heavy Engineer Approval
12-304.10 Reserved
12-304.11 Reserved
12-304.12 Low Impact Institutional-
 Neighborhood Related
 Elementary School 1 space per 10 classroom seats
 Churches, Temples, and Synagogues 1 space per 3 seats in the major place of assembly
12-304.13 Moderate Impact Institutional
 Junior High Schools 1 space per 10 classroom seats
 High Schools 1 space per 4 classroom seats
 Vocational Schools 1 space per 2 classroom seats
 Fraternal Organizations 1 space per 100 square feet of floor area used for assembly or recreation
12-304.14 High Impact Institutional
 General College and University 1 space per 5 classroom seats
 Hospitals and Sanitariums 2 spaces per bed plus 1 space per 500 square feet of GFA of emergency room and outpatient care (where such care is specifically provided).
12-304.15 Cultural Exhibits 1 space per 400 square feet GFA
12-304.16 Library Services and Community Centers
 Libraries 1 space per 300 square feet GFA
 Community Centers 1 space per 300 square feet GFA
12-304.17 Community Recreation — Restricted
 Golf Course 5 spaces per green plus 1 space Per 200 square feet GFA of public building area
 Swim Centers 1 space per 150 square feet of pool surface area and accessory area
 Game Courts: Tennis, Squash, Racquetball, Handball 5 spaces per court
 Playgrounds, Playfields, and Public Parks Engineer Approval
12-304.18 Community Recreation — General
 Golf Courses 5 spaces per green
 Clubhouses 1 space per 100 square feet GFA
 Swim Centers 1 space per 150 square feet of pool area
 Game Courts: Tennis, Squash, Racquetball, Handball 5 spaces per court
 Playgrounds, Playfields, and Public Parks Engineer Approval
12-304.19 Community Recreation — Property
 Owners Association
 Clubhouse 1 space per 300 square feet GFA
 Game Courts: Tennis, Squash, Racquetball, Handball 2 spaces per court
 Swimming Pool 1 space per 300 square feet of pool area
 Playgrounds Engineer Approval
COMMERCIAL USE UNITS
12-304.20 Administrative and Professional Offices See Table 12.470.3, Office
12-304.21 Agricultural Supplies and Services See Table 12.470.3, Retail
12-304.22 Alcoholic Beverage Retail Sales See Table 12.470.3, Retail
12-304.23 Animal Sales and Services: Auctioning See Table 12.470.3, Retail
12-304.24 Animals: Grooming and Sales See Table 12.470.3, Retail
12-304.25 Animal Sales and Services: Horse Stables Engineer Approval
12-304.26 Animal Sales and Services: Kennels and Veterinary, Restricted See Table 12.470.3, Retail
12-304.27 Animal Sales and Services: Kennels and Veterinary, General See Table 12.470.3, Retail
12-304.28 Automotive and Equipment: Light 1 space per 150 square feet GFA: 5 spaces minimum (Interior bays may be counted in meeting this requirement)
12-304.29 Automotive and Equipment: Heavy 1 space per 150 square feet GFA: 5 spaces minimum (Interior bays may be counted in meeting this requirement)
12-304.30 Automotive and Equipment Light
 Showroom Area See Table 12.470.3, Retail
 Outside Lots 1 space per 5,000 square feet
 Service Area and Body Shop See Section 12-305.28
12-304.31 Automotive Sales and Rentals: Heavy
 Showroom Area See Table 12.470.3, Retail
 Outside Lots 1 space per 5,000 square feet
 Service Area and Body Shop See Section 12-305.29
12-304.32 Automotive and Equipment: Storage Engineer Approval
12-304.33 Building Maintenance Services See Table 12.470.3, Retail
12-304.34 Business Support Services See Table 12.470.3, Retail
12-304.35 Communications Services: Limited See Table 12.470.3, Office
12-304.36 Communications Services: Towers Engineer Approval
12-304.37 Construction Sales and Services
 For Showroom Area See Table 12.470.3, Retail
 For Outside Lot Area See Table 12.470.3, Warehousing (substitute lot area for GFA)
12-304.38 Convenience Sales and Personal Services See Table 12.470.3, Retail
12-304.39 Child Care Center 1 space per 200 square feet CSA or 1 space per 275 square feet GFA
12-304.40 Drinking Establishments: Sitdown, Alcohol Permitted 1 space per 100 square feet GFA
12-304.41 Eating Establishments: Drive-In 1 space per 100 square feet GFA
12-304.42 Eating Establishments: Fast Foods 1 space per 100 square feet GFA
12-304.43 Eating Establishments: Sitdown, Alcohol Not Permitted 1 space per 100 square feet GFA
12-304.44 Eating Establishments: Sitdown, Alcohol Permitted 1 space per 100 square feet GFA
12-304.45 Food and Beverage Retail Sales See Table 12.470.3, Retail
12-304.46 Adult Novelty 1 space per 200 square feet GFA
12-304.47 & 49 Funeral/Interment Services 1 space per 200 square feet CSA or 1 space per 275 square feet GFA
12-304.50 Gasoline Sales: Restricted For Building Area See Table 12.470.3, Retail (for spaces in addition to adequate queuing)
12-304.51 Gasoline Sales: General Engineer Approval
12-304.52 Health Clubs See Table 12.470.3, Retail
12-304.53 Laundry Services See Table 12.470.3, Retail
12-304.54 Manufactured Housing and Travel Trailers: Sales and Rental
 For Showroom Area See Table 12.470.3, Retail
 For Outside Lot See Table12.470.33, Warehousing (substitute lot area for GFA)
 For Service Area and Body See Table 12.470.3, Industrial and Shop Manufacturing
12-304.55 Medical Services: Restricted The greater of either 7 spaces per doctor on duty and 2 spaces per 3 employees or that which is required in Table 4.3, Retail
12-304.56 Medical Services: General The greater of either 7 spaces per doctor on duty and 2 spaces per 3 employees or that which is required in Table 4.3, Retail
12-304.57 Participant Recreating and Entertainment - Indoor
 Bowling Alleys 5 spaces per lane
 Billiard Parlors See Table 12.470.3, Retail
 Dance Halls 1 space per 50 square feet of club area and 1 space per 100 square feet of remaining GFA
 Skating Rinks Engineer Approval
 Arcades See Table 12.470.3, Retail
 Theatres One space per 3 seats
12-304.58 Participant Recreating and Entertainment - Indoor
 Driving Range Engineer Approval
 Miniature Golf 2 spaces per 3 holes
 Go-Cart Tracks Engineer Approval
 Drive-In Theatre 6 spaces minimum plus adequate Spaces for viewing
 Amusement Park Engineer Approval
12-304.59 Personal Services: Restricted Office 1 space per 300 square feet GFA
12-304.60 Personal Services: General 1 space per 300 square feet GFA
12-304.61 Personal Storage 1 space per 5,000 square feet of storage area
12-304.62 Repair Services; Consumer See Table 12.470.3, Retail
12-304.63 Research Services See Table 12.470.3, Retail
12-304.64 Retail Sales and Services: General See Table 12.470.3, Retail
12-304.65 Retail Sales and Services: General 1 space per 75 square feet of GFA
12-304.65 Retail Sales and Services: Outdoor Swap Meets Engineer Approval
12-304.66 Sign: Non-Accessory None
12-304.67 Spectator Sports and Entertainment: Restricted Engineer Approval
12-304.68 Spectator Sports and Entertainment: General Engineer Approval
12-304.69 Spectator Sports and Entertainment Engineer Approval
12-304.70 Tourist Accommodations: Campground Engineer Approval
12-304.71 Tourist Accommodations: Lodging 1 space per rental plus 1 space per 200 square feet GFA of restaurant area (including kitchen) plus 1 space per 100 square feet GFA of club area (excluding office and meeting rooms) plus 1 space per 200 square feet for any retail area
INDUSTRIAL USE UNITS
12-304.72 Custom Manufacturing See Table 12.470.3, Manufacturing and Industrial
12-304.73 Light Industrial: Restricted See Table 12.470.3, Manufacturing and Industrial
12-304.74 Light Industrial See Table 12.470.3, Manufacturing and Industrial
12-304.75 Moderate Industrial See Table 12.470.3, Manufacturing and Industrial
12-304.76 Heavy Industrial See Table 12.470.3, Manufacturing and Industrial
12-304.77 Wholesaling, Storage and Distribution: Restricted See Table 12.470.3, Warehousing
12-304.78 Hazardous Industrial See Table 12.470.3, Manufacturing and Industrial
12-304.79 Scrap Operations Engineers Approval
12-304.80 Wholesaling, Storage and Distribution: General See Table 12.470.3, Warehousing (substitute total site area for GFA)
TRANSPORTATION USE UNITS
12-304.81 Transportation Facilities: Passenger Engineer Approval
12-304.82 Transportation Facilities: Freight, Restricted See Table 12.470.3, Warehouse plus Supplemental parking for tractors and trailers as needed
12-304.83 Transportation Facilities: Freight, General Engineer Approval
12-304.84 Transportation Facilities: Aircraft Engineer Approval
AGRICULTURAL USE UNITS
12-304.85 Agricultural Processing: Limited Engineer Approval
12-304.86 Agricultural Processing: General Engineer Approval
12-304.87 Animal Raising: Personal Engineer Approval
12-304.88 Animal Raising: Commercial Engineer Approval
12-304.89 Animal Waste Processing: Limited Engineer Approval
12-304.90 Horticulture See Table 12.470.3; Retail (for building area exclusive of Greenhouse) plus for Greenhouse, See Table 12.470.34.3, Warehouse
12-304.91 Row and Field Crops Engineer Approval
EXTRACTIVE USE UNITS
12-304.92 Mining and Processing:
Mineral and Raw Materials
Engineer Approval
12-304.93 Mining and Processing:
Oil and Gas
Engineer Approval

 

TABLE 12-470.3
MINIMUM PARKING STANDARDS FOR
RETAIL, OFFICE, SERVICE ESTABLISHMENTS, MANUFACTURING,
INDUSTRIAL AND WAREHOUSING

Retail Sales, Office and Service Establishments: 1 space/200 sq.ft CSA or
1 space/275 sq. ft GFA.
Manufacturing and Industrial For the first 20,000 sq. ft. GFA
1 space/500 sq. ft.
20,000+ sq. ft GFA
1 space/1000 sq. ft.
Warehousing For the first 20,000 sq ft. GFA
1 space/1,000 sq. ft.
20,0001-48,000
sq. ft. GFA
1 space/1,000 sq. ft.
48,000+sq. ft. GFA
1 space/10,000 sq. ft.

 

Note 1 GFA means Gross Floor Area
Note 2 For mixed uses containing any combination of retail, office, manufacturing and industrial, or warehousing activity, parking requirement s shall be tabulated separately for each use within the development using the list of specific standards or Table 4.3. When types of uses are not known at the time of development, then the City Engineer shall make the determination. Mixed uses regulated under separate parking requirements shall not be combined to achieve a larger square footage total than would result in a reduced park ng requirement. Where any part of a mixed use is converted to another use category, the parking requirements shall be recomputed based on the new square total footage.
Note 3 Where a manufacturing and industrial use has more than one working shift of empfoyees, parking facilities shall be adequate to accommodate overlap requirements during transition periods.
Note 4 Where a multiple purpose retail or Industrial building is proposed to be occupied by a use which can be demonstrated by the occupant to require less parking than the standards contained herein, the City Engineer may permit paving of a smaller parking area to meet the estimated need; provided, however, that the balance of the land required by these regulations shall be held in reserve as an unpaved area to meet future needs generated by an expansion of the business or a change In land use.
Note 5 CSA is the total area available for regular customer service, both inside and outside commercial establishments Storage, kitchen, toilet facilities and common areas are not included.

 

(Ord. No. 511, § 4, 8-20-2012; Ord. No. 553, § 3, 2-20-2017; Ord. No. 614, § 2, 7-15-2024)

SECTION 12-470.11 - QUEUING SPACES

Queuing Spaces as required for certain uses in this code shall conform to the following standards:

A.

No Queuing space may occupy any portion of a public right-of-way.

B.

Queuing spaces shall be a minimum of 9 feet in width and 18 feet in length.

C.

Queuing spaces may not be used to satisfy the off-street parking or loading requirements of this Section.

D.

Queuing spaces may be provided in the primary access aisle leading to a drive-in or drive-through facility.

SECTION 12-470.12 - AISLE STANDARDS

A.

Aisles providing access to off-street parking areas, but not immediately adjacent to or providing direct access to an off-street parking space, shall be at least 24 feet in width if designed for two-way traffic and at least 14 feet in width if designed for one-way traffic.

B.

Aisles located immediately adjacent to buildings or structures shall be separated therefrom by one of the following methods:

1.

A planted or landscaped strip not less than two feet in width, excluding curb; protected by a six (6) inch concrete curb;

2.

A sidewalk of not less than 4 feet in width, excluding curb, protected by a six (6) inch concrete curb;

3.

A twenty-four (24) inch aisle guard rail which shall be standard Oklahoma Department of Transportation guard rail with type I or IA terminal (metal end sections) on wooden posts 8 feet-4 inches on centers. This shall apply only to aisles constructed after the adoption of this Planning and Zoning Code.

C.

Parking may be located immediately adjacent to buildings or structures without a planted or landscaped strip or a sidewalk or without a bumper guard.

D.

A drive-in widow shall not project more than one foot into an aisle.

SECTION 12-470.13 - OFF-STREET LOADING

Every industrial, commercial, and civic building hereafter erected or expanded shall provide space, as indicated herein, for loading and unloading of vehicles. The number of off-street loading spaces required by this Section shall be considered as the absolute minimum, and the owner/applicant shall evaluate his own needs to determine if they are greater than the minimum specified by this section. All off-street loading spaces must comply with the following:

A.

All off-street loading spaces shall have the minimum dimensions of 12 feet by 60 feet and 15 feet overhead clearance. In no case shall required off-street loading space encroach upon off-street packing space required under this Planning and Zoning Code, or on public right-of-way. No maneuvering shall be permitted on public right-of-way.

B.

The number of required loading spaces is based on the gross floor area of a building or use. Loading spaces shall be provided in accordance with the following minimum requirements:

TABLE 12-470.4

MINIMUM LOADING STANDARDS
Retail, Commercial, and Industrial
 For the first
 12,000 sq. ft.
 GLA      Plus
 None
 From 12,001-
 48,000 sq. ft.
 GLA      Plus
 1 Space
 Over 48,001 -
 sq. ft
 GLA
 1 Space
Office
 For the first
 49,000 sq. ft.
 GLA      Plus
 None
From 48,001-
100,000 sq. ft.
GLA      Plus
1 Space
Over 100,001-
sq. ft
GLA
1 Space
Warehousing
Determined by the Engineer based on Type of Warehousing and Expected Truck Traffic.
  Note 1. GLA means Gross Leasable Area.
  Note 2. GFA means Gross Floor Area.

 

C.

Off-street loading spaces shall be designed so that vehicles shall maneuver entirely within the property lies of the premises and not on public right-of-way. Unenclosed of-street loading areas shall be permanently paved with hard surfaced pavement. A six (6) inch header curb must also be constructed to separate a loading area from public right-of-way.

SECTION 12-475 - REGULATING COMMERCIAL OUTSIDE WINDOW AREA USE FOR TEMPORARY ADVERTISING AND SIGNAGE

For the purposes of maintaining safety and visibility, all new commercial businesses shall include a site plan with the application for Occupancy Permit indicating the amount of outside window area available for temporary advertising and signage and an estimate of the maximum area to be used for temporary advertising and signage. Temporary advertising and signage shall be defined as signage placed on the interior or exterior portion of outside windows advertising products or services, where such signage shall be removed or replaced within a six-month (6) period.

SECTION 12-485.1 - EXCEPTIONS

Chimneys, elevators, poles, spires, tank, towers, and other projections not used for human occupancy may extend above the height limit. Public and quasi-public buildings may exceed the height limitation of the district if the minimum width of the side yards required in the district are increased one foot for each two (2) feet by which the height of such public or quasi-public structure exceed the prescribed height limit.

SECTION 12-485.2 - CONFLICTING LIMITATIONS

Where an area is restricted by more than one height limitation, such as the Airport Zoning Regulations, the more restrictive limitation shall prevail.

SECTION 12-486 - ZERO SIDE YARDS FOR UNATTACHED DWELLINGS

The side yard setback may be zero on one side of the lot provided it meets all of the following:

A.

The lot adjacent to that side yard is held under the same ownership or a letter of concurrence from the adjacent property owner is provided at the time of initial construction and the minimum side yard setback for such adjacent lot is not less than ten (10) feet; and

B.

The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a two (2) foot eave encroachment, and normal landscaping; and

C.

No portion of the dwelling or architectural features, except eaves, may project more than two feet across any property line (eaves may project two feet or less over the property line); and

D.

The zero side yard is not adjacent to a public or private right-of-way; and

E.

A site plan is prepared in accordance with this code; and

F.

A recorded five (5) foot maintenance/access easement is provided on the property adjacent to the zero lot line.

SECTION 12-487 - OPEN SPACES

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth herein.

SECTION 12-487.1 - OPEN SPACES TO SERVE ONE BUILDING

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

SECTION 12-487.2 - PROJECTIONS INTO YARDS

Open eaves and porches, cornices, windowsills, belt courses, and fireplace chimneys may project into any required yard a distance not to exceed two (2) feet. Open porches may project into a front yard a distance not to exceed eight (8) feet. Open porches shall not project within ten (10) feet of the rear property line and shall not encroach on any easement. For carports, see the section pertaining to Accessory Uses.

SECTION 12-487.3 - SIGHT LINES AT INTERSECTIONS

A.

Sight distance area at intersections of two public streets. On any corner lot, a triangle formed by measuring from the point of intersection of the front and exterior lot lines a distance of 25 feet along said lot lines and extending the hypotenuse to the curb and connecting the points so established to form a sight triangle on the area adjacent to the street intersection.

B.

Sight distance area at an intersection of a public street and private driveway leading to a parking lot of six or more vehicles. Triangle formed by measuring from the points of the front lot line and the exterior edges of the pavement of the driveway approach from the private property to the public thoroughfare a distance of 25 feet along said front line and said edges of the pavement and connecting the points so established by extending the hypotenuse to the curb to form a sight area adjacent to the driveway intersection, and including the area of the driveway between the two triangles.

C.

No parking wall, fence, sign, structure or any plant growth other than grasses shall be placed or maintained within any portion of the right-of-way included in the sight triangle.

D.

No party wall, fence, sign, or structure shall be placed or maintained within the remaining sight distance area, herein defined from ground elevation to a height of 10 feet, except for traffic directional signs not to exceed thirty (30) inches. No plant growth shall be placed or maintained which would exceed a mature height of thirty (30) inches. A suggested list of plants will be provided by the planning department. The height will be based on the elevation of the adjacent public street or private driveway, whichever is greater, excepting for traffic control signs and lighting standards and except for private sign poles not exceeding one foot in diameter.

E.

Only one sign pole may be located within the sight distance triangle.

F.

Parking in the driveways of one-family and two-family dwellings is excluded from the provisions of this Planning and Zoning Code.

G.

On one-way streets and streets which have divided medians, the site distance triangle will only apply on the side which has on-coming traffic.

SECTION 12-487.4 - COURT REQUIREMENTS FOR MULTIFAMILY DWELLINGS

Whenever a multifamily dwelling or group of multifamily dwellings is designed with an inner or outer court, the following requirements shall be complied with:

SECTION 12-487.5 - OUTER COURT WIDTH

The width of an outer court upon which windows open shall be not less than ten (10) feet, or equal to the height of the opposing wall, whichever is greater; and in no case shall an outer court be less than five (5) feet in width or equal to seventy (70) percent of the height of the opposing wall, whichever is greater.

SECTION 12-487.6 - INNER COURT WIDTH

The width of an inner court of a multifamily dwelling shall be not less than two (2) times the height of the lowest wall forming the court, but in no case shall it be less than twenty (20) feet.

SECTION 12-487.7 - PASSAGEWAY FOR INNER COURT

An open unobstructed passageway shall be provided at the grade of each inner court. Such passageway shall be not less than twelve (12) feet in width, shall have a clearance of not less than twelve (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.

SECTION 12-488 - ACCESSORY USES AND STRUCTURES

The purpose of this Section is to establish development standards for uses and structures with are accessory to the main use or structure.

SECTION 12-488.1 - LOCATION OF AN ATTACHED OR DETACHED PRIVATE GARAGE

An attached or detached private garage which faces on a street shall not be located closer to the street than the front building line.

SECTION 12-488.2 - ACCESSORY BUILDING CONSTRUCTION TIME REQUIREMENT

No accessory building shall be constructed upon a lot to be used for a single family dwelling until the construction of the main building shall be used unless the main building on the lot is also being used.

SECTION 12-488.3 - PORTABLE/TEMPORARY/ACCESSORY BUILDINGS

Portable or temporary buildings shall be permitted only in accordance with the provisions of these regulations. Accessory buildings, along with Portable or Temporary Buildings, shall not exceed the height of the main structure, to which it is accessory, on any tract of less than two (2) acres. Furthermore, Accessory Buildings shall not exceed a wall height of ten (10) feet unless the required side and rear yard setbacks are increased by two (2) feet for each additional foot of wall height above ten (10) feet.

In no event shall a Permanently Affixed Accessory Building encroach upon any public easement or right-of-way, unless granted by the city council subject to an agreement to remove the structure in the future if requested to do so by the City, The minimum side and rear yard setbacks for Permanently Affixed Accessory Buildings shall be no less than five (5) feet.

In the R-1-D, R-1-A, R-2, R-3, R-4, R-E and A-1 zoning districts, the following restrictions shall apply as to allowable lot coverage for the aggregate total of all Accessory/Temporary/Portable Buildings:

1/2 acre or less 750 sq. ft.
Greater than 1/2 acre, but 1 acre or less 900 sq. ft.
Greater than 1 acre 4% of total land area

 

(Ord. No. 587, § 1, 8-17-2020)

SECTION 12-488.4 - CARPORTS

Carports are permitted to be added to residential structures and are subject to the following conditions and regulations:

A.

Any person erecting or constructing a carport, in whole or in part, shall obtain a building permit.

B.

No carport shall violate a required side yard setback.

C.

All carports shall be located only over an existing paved driveway.

D.

All carports shall be kept in an attractive state, in good repair, and in a safe and sanitary condition.

E.

All carports shall be constructed, erected, or installed to conform with the structural requirements of the building code of the City and shall have an architectural design and appearance compatible with the primary building of the property (i.e., if the home has a gable roof with composite shingles, the carport will have a gable roof with composite shingles. If the home has a brick veneer, the carport will include brick).

F.

No carport used in conjunction with a single-family dwelling or two-family dwelling shall exceed fourteen (14) feet in width for a single garage and/or driveway and shall not exceed twenty-four (24) feet in width for a double garage and/or driveway. Under no circumstances shall any carport used in conjunction with a single-family dwelling exceed twenty-four (24) feet in width. All width measurements shall be from eaves line to eaves line. No more than one carport shall be permitted for each dwelling unit.

G.

All carports shall be permanently open on all sides from grades surface to eaves line.

H.

All carports shall comply with front yard setback requirements of this Zoning Planning and Zoning Code; provided, all carports used in conjunction with single family dwelling, or two family dwellings shall be permitted to extend into the required front yard setback area; however, no carport shall be permitted closer than five (5) feet from the right-of-way line of a public or private street.

SECTION 12-489 - CHILD CARE CENTERS

Child Care Centers are permitted subject to the following conditions and regulations:

A.

Child Care centers in residential districts shall meet the following provisions:

1.

Child Care Centers shall be located in a single-family dwelling which is under the ownership and is the permanent residence (domicile) of the operator and shall be operated in a manner that will not change the character of the residence.

2.

There shall be a minimum indoor space available for child care of not less than 35 square feet per child exclusive of hallways, bathrooms, kitchen, and space occupied by furniture not intended for use by the children.

3.

The center shall be located on a lot having not less than six thousand (6,000) square feet of area and all portions of said lot used for outdoor play space shall be enclosed by a fence not less than forty-eight (48) inches in height. The outdoor play area shall have a minimum of seventy-five (75) square feet per child within the fenced boundaries. This area must be hazard free and be able to keep children away from traffic, water and other dangers.

4.

The center shall be operated in a manner that will not adversely affect property and uses in the area. The neighborhood should be such that the character of the immediate neighbors and associates of the family day care children ensure wholesome relationships. The neighborhood should offer opportunities for healthy recreation and the home should be within reasonable access of the home of the child and to school, if school children are under care. Parking for the leaving and picking up of children shall be regulated so as not to interfere with normal traffic. A ratio of one parking space per (10) children and one parking space per two (2) employees is required. The area designated for parking must be off-street parking and must be hard surfaced parking.

5.

The day care center shall meet City-county health requirements as to safety, design, facilities, and equipment of the features.

6.

No advertising sign shall be permitted in order not to affect the residential district.

7.

All day care centers shall be inspected by the Fire Marshall, Building Inspector, and the City Planner or their designee, prior to licensing, and reinspection may occur during the licensing period. The interior and exterior of all buildings shall comply with the City of Noble Building Code and Fire Prevention Code.

8.

No mobile home, whether mobile or permanently situated, shall be issued a license. Exception: those mobile homes that can document compliance with National Fire Protection Standard Number 501B, 1973 Edition and subsequent amendments, can be accepted as meeting fire safety construction requirements.

9.

In addition to the City license, a license shall be obtained from the State Department of Human Services. All requirements relative to their standards must be adhered to.

10.

The number of children specified on the license shall be the maximum number present in the facility at any one time.

B.

Child Care centers authorized under permitted uses in commercial districts:

1.

The center shall provide a minimum of thirty-five (35) square feet per child of indoor space, exclusive of hallways, bathrooms, kitchen and space occupied by furniture not for use by the children.

2.

The center shall provide a minimum outdoor space of seventy-five (75) square feet per child which shall be enclosed by an opaque ornamental fence not less than forty-two (42) inches in height or said fencing shall be in accordance with the appropriate screening requirement of the particular zoning district.

3.

The center shall meet county health requirements as to safety, design, facilities, equipment and licensing of the features.

4.

Parking for the leaving and picking up of children shall be required so as not to interfere with normal traffic and be determined in accordance with the Parking and Loading sections, Parking and Loading.

SECTION 12-490 - SWIMMING POOL REGULATIONS

Swimming pools are regulated by the building code of the City of Noble and are permitted subject to the following additional regulations.

SECTION 12-490.1 - PRIVATE SWIMMING POOLS

Private swimming pools shall be defined as pools maintained by an individual for the use of his family and friends, with no formal admission requirements. Private swimming pools shall be subject to the following regulations:

A.

Pools may be constructed as an accessory use, and yards in which pools are contained shall be completely enclosed by a permanent wall or fence not less than four (4) feet in height.

B.

A swimming pool shall not be constructed in front of the side building line and no portion of the pool; pool equipment such as filters, diving boards, etc. shall be permitted on an easement.

C.

Pool walkways and decking may be permitted on easements; however, these facilities shall not be placed in such a manner as to restrict access to public utilities. All facilities permitted over easement shall be subject to removal if maintenance of public utilities is necessary and removal and restoration of said decking, walkways or other permitted facilities on easements shall be at the expense of the property owner.

D.

The inside wall of the pool and integral portions of structure composing the pool well shall be setback a minimum of five (5) feet from the side or rear lot line and be required to meet all other provisions of this section.

D.

Pool and pool equipment, including but not limited to diving boards, filters, etc., shall be located in such a manner as not to disturb adjoining property owners and be a minimum of fifteen (15) feet from any portion of an existing residential building on an adjacent lot.

F.

Pool drainage and over splash from pool, usage shall not be permitted to be directed or otherwise run onto adjacent lots and shall be handled in a manner consistent with all provisions of this Code.

SECTION 12-490.2 - PUBLIC SWIMMING POOLS

The term public swimming pools includes all entirely artificially constructed wading pools, swimming pools, bath houses used collectively by a number of persons for wading, swimming, recreation, or therapeutic bathing, together with all appurtenances pertaining to such bathing places. Public swimming pools shall be subject to the following regulations:

A.

Pools shall meet all regulations contained above pertaining to private pools.

B.

Pools shall meet all requirements and regulations contained in Title 63, Oklahoma Statutes.

SECTION 12-491 - USE OF RESIDENTIAL STRUCTURES OR DWELLINGS FOR COMMERCIAL OR INDUSTRIAL PURPOSES

Residential structures or dwellings can be used for commercial or industrial purposes only under the following conditions:

A.

No structure or building designed for, intended for, or previously or presently used for residential purposes or dwellings shall be used for or occupied by any commercial or industrial use or district unless it is harmonious with the existing neighborhood and complies with setback requirements, parking requirements, landscaping and screening requirements and all other City Codes currently adopted and enforced by the City of Noble.

B.

Included with the building permit application shall be a site plan and architectural plans showing four (4) elevations. If there are no proposed changes to the exterior elevations, pictures may be submitted. The City Engineer shall coordinate the application with the appropriate departments.

C.

Whenever a building or structure designed for residential or dwelling purposes is located in a commercial or industrial district, no additional commercial or industrial use shall be permitted on the same lot until the structure of building is removed. Provided, however, that the residential structure of building is not less than two hundred (200) feet from the front property line and is no closer than fifty (50) feet from the nearest commercial or industrial structure or buildings, the residential structure or building need not be removed but may be used only for residential purposes.

SECTION 12-492 - RESIDENTIAL, AGRICULTURE, AND MOBILE HOME FENCING AND SCREENING

Fences and walls may be erected in residential, agriculture, and mobile home lots or districts under the following provisions and regulations.

A.

No fence or wall shall be erected or constructed in front of the front of the building line on any lot or building site or beyond the front building line on any vacant property or premises. However, such restrictions shall not apply to fences or walls of ornamental and non-sight proof design which are no higher than 30 inches above the ground level. Such ornamental fence structures shall be located not closer than 15 feet to the back of the street curb or to the edge of the street boundary line if there is no curb. In no event will the fence enclosed the front sidewalk area. Ornamental fence may not include chain link or barb wire or other wire fencing. The fencing material shall be compatible with the construction of the building and harmonious with the neighborhood, Further, fencing along section line road must be not closer that fifty feet from the center of the section line road. Fencing in front of the building line in lots greater than two (2) acres may use non-site proof fencing not exceeding 48 inches in height and may include chain link fencing.

B.

Hedges are prohibited from extending into the street right-of-way.

C.

Fences are prohibited from being higher than eight (8) feet above the ground level.

D.

Exterior (street) side yard of corner lots shall be permitted to be fenced in the following manner:

1.

Where the side yard abuts the front yard of an interior lot, the fence be limited to four (4) feet and shall be prohibited beyond the side building line.

2.

Where the corner lot is back-to-back with another lot, the fence shall be limited to eight (8) feet in height and can be built to the property line.

E.

In rear yards the height limitation shall be eight (8) feet from ground level.

F.

No fence, wall, or hedge or any portion thereof shall be located in the site triangle.

G.

No fence or wall shall be constructed in such a manner as to impede the normal flow of surface drainage.

H.

No electrified fence or wall or any fence or wall containing broken glass, barbed wire or other substances reasonably calculated to do bodily harm shall be permitted.

A permit is hereby required for the construction or installation of any fence or wall in the amount adopted by resolution by the City Council. Such permit shall be issued by the Department of Building Inspection upon payment of the fee prescribed herein and compliance with the provisions therein. All fences and walls must meet the adopted building code.

SECTION 12-493 - STORAGE AND PARKING OF COMMERCIAL VEHICLES, RECREATIONAL VEHICLES AND MOBILE HOMES

Commercial vehicles and trailers of all types, including those used for hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

A.

Not more than one commercial vehicle, which does not exceed one and one-half (1-1/2) tons rated capacity, per family living on the premises shall be permitted.

B.

In no case shall a commercial vehicle used for hauling explosive, gasoline or liquefied petroleum products be permitted.

C.

Recreational vehicles, which specifically includes but is not limited to motorized homes, camping trailers, pick-up campers, travel trailers, boat trailers, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following provisions:

D.

Recreational vehicles shall be stored in the rear yard of a residential lot whenever reasonable access to said rear yard is available. If it is not determined by the building officer that rear or side yard access is not available, the recreational vehicle may be stored in the front yard area of the residence, provided that the recreation vehicle is located entirely over a paved driveway or parking area and that no portion of the vehicle extends over or into the street right-of-way. A wood or cyclone fence is not considered as denying reasonable access.

E

Recreational vehicles shall not be parked or stored in any street right-of-way except for purpose of loading and unloading and then not for a period to exceed twenty-four (24) hours. Pick-up campers that are in use daily shall be exempted from this requirement.

F.

No recreational vehicle shall be stored in the front or side yard of a residence or a residential lot in a manner that would constitute a traffic hazard or would, in any way, obstruct vision within the "sight triangle" of a corner lot.

G.

Mobile homes shall be parked or stored only in conformance with the Planning and Zoning Codes of the City of Noble.

SECTION 12-494 - STORAGE OF LIQUEFIED PETROLEUM GASES

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the Planning and Zoning Codes of the City of Noble and the regulations of the Liquefied Petroleum Gas Administration of the State of Oklahoma.

SECTION 12-495 - NONCONFORMING BUILDINGS, STRUCTURES AND USES OF LAND

Within the districts established by this Planning and Zoning Code or amendments that may later be adopted, there are uses, structures, and lots which were lawful before this Planning and Zoning Code was adopted or amended, but which become prohibited under the terms of this Planning and Zoning Code or future amendments to this Planning and Zoning Code. Such uses, structures, and lots are regulated by Sections 12-495 through Sections 12-498. Section 12-496 is for nonconforming uses of land where there are no buildings or structures. Section12-497 is for cases where the building or structure is conforming but the use is nonconforming. Section 12-497 is for cases where the nonconforming buildings or structures that have conforming uses.

SECTION 12-496 - NONCONFORMING USES OF LAND WITHOUT A BUILDING OR STRUCTURE

The lawful use of land existing at the time of the passage of this Planning and Zoning Code, even though such use does not conform to the provisions hereof, may continue subject to the following provisions:

A.

If said nonconforming use or any portion thereof is discontinued for a period of three (3) months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.

B.

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

SECTION 12-497 - NONCONFORMING USES OF CONFORMING BUILDINGS

If a lawful use, involving conforming individual buildings or structures existing at the effective date of adoption of or amendment to this Planning and Zoning Code, becomes nonconforming under the terms of this Planning and Zoning Code, said use may continue, subject to the following provisions:

SECTION 12-497.1 - CHANGE OF NONCONFORMING USES

A building use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restricted use. A building permit is required for any structural alterations.

SECTION 12-497.2 - EFFECT OF DISCONTINUANCE

In the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the building or premises shall thereafter conform to the use regulations of the district.

SECTION 12-497.3 - EXPANSION OF A NONCONFORMING USE

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

SECTION 12-497.4 - RESTORATION OF A DAMAGED USE

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

SECTION 12-497.5 - REMODELING

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

SECTION 12-498 - NONCONFORMING BUILDINGS AND STRUCTURES THAT HAVE CONFORMING USES

Although a structure or building does not conform to the district regulations of this Planning and Zoning Code for a minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of adoption of this Planning and Zoning Code may continue, subject to the following provisions:

SECTION 12-498.1 - ALTERATION OR ENLARGEMENT OF BUILDINGS AND STRUCTURES

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

SECTION 12-498.2 - RESTORATION OF A DAMAGED BUILDING

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

SECTION 12-498.3 - RELOCATION

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

SECTION 12-498.4 - REMODELING

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

SECTION 12-498.5 - VIOLATION NOT AUTHORIZED

Nothing in this Section shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect at the time of the effective date of this Section.

SECTION 12-499 - SCREENING NONCONFORMING COMMERCIAL USES OF PROPERTY

Within one year from the time any property is annexed to the City, all nonconforming commercial uses of property abutting residentially zoned property shall be adequately screened from view in accordance with the applicable regulations of Section 12-465 of this Code.

SECTION 12-499.1 - STORM SHELTERS

a)

No storm shelter shall be constructed within the City unless a building permit has first been issued by the building inspector or his designee.

b)

All storm shelters constructed within the City shall comply with the most current FEMA regulations and standards.

c)

Storm shelters shall be located in the rear or side yard of the home unless it is determined by the building inspector that such placement is not feasible due to a hardship. A six (6) foot sight-proof fence will be required for screening purposes for those residents who choose to locate a storm shelter in the side yard and all applicable side yard setback requirements shall be complied with. Inaccessibility due to a wooden or cyclone fence shall not be considered a hardship. These restrictions shall not prohibit storm shelters or safe rooms from being constructed inside a residence or a garage.

d)

If the building inspector determines that rear yard placement is not feasible, the storm shelter may be placed in the front yard of the residence provided that:

a.

The storm shelter shall be completely below established grade with the exception of intake pipes/hoods and exhaust pipes/hoods.

b.

The storm shelter shall be equipped with a locking device.

c.

The storm shelter shall not be used for any type of occupancy other than as a storm shelter.

e)

All concrete used in construction of underground storm shelters shall have a compressive strength of not less than 3,500 pounds per square inch.

f)

All underground storm shelters shall be equipped with adequate ventilation to supply not less than five cubic feet per minute, per person, of fresh air.

(Ord. No. 506, § 1, 2-6-2012)