Oklahoma City City Zoning Code

ARTICLE IX

USE STANDARDS

§ 59-9100.- Purpose.

The purpose of this article is to establish certain regulations which apply to individual zoning districts, as well as other regulations which are applied uniformly to all zoning districts. Each zoning district in Article V, Zoning Districts and Official Zoning Districts Map, will refer specifically to sections of this article for clarification and amplification of the applicable regulations. Certain regulations established in this article will apply to all districts unless they are specifically exempted herein. Since they are uniform in application, they are listed here to avoid repetition in each district. All persons desiring to construct a building should familiarize themselves with the provisions of this article as well as the individual zoning districts regulations. A violation of these general regulations shall be a violation of the regulations of the zoning district in which the use is located. Regardless of the regulations contained herein, the property owner is advised that there may also be more restrictive regulations in the form of plat restrictions, deed restrictions, declarations of covenants and restrictions, and platted setback lines which may further limit the use or development of a parcel.

§ 59-9150. - Use of land and buildings.

No building, structure or premises shall be used or occupied except in conformity with the regulations of the zoning district in which it is located. No building or structure shall be erected, reconstructed, extended, enlarged, altered or moved except in conformity with the regulations of the zoning district in which it is located.

§ 59-9200. - Procedure for conditional uses.

In order for a conditional use to locate, relocate, remodel, alter or rebuild, it shall be necessary to first obtain from the Director or his/her designated representative a conditional use permit in accordance with Section 59-4200.4 (Conditional Uses).

(Ord. No. 24726, § 6, 8-13-13)

§ 59-9250. - Procedure for special exception uses.

The Board of Adjustment may grant a special exception for uses specifically authorized in each zoning district under the category "special exception uses" in accordance with Section 59-4250.1 (Special Exception Uses). In addition to the use standards listed below, all said uses shall also conform to other applicable standards before approval may be granted

§ 59-9300. - Procedure for Special Permit Uses.

The Planning Commission may recommend, and City Council may grant, special permit uses for uses specifically authorized in each zoning district under the category "special permit uses" in accordance with Section 4250.2 (Special Permit Uses). In addition to the use standards listed below, all said uses shall conform to other applicable standards before approval may be granted.

§ 59-9350. - Standards for specific uses.

Certain uses of land or buildings exhibit unique characteristics that necessitate the application of special standards in order to coexist with adjacent and nearby uses, and the neighborhood or land use areas in which they are to be placed. The use matrices and provisions included in Article VI, Zoning Base Districts, and Article VII, Special Purpose and Overlay Districts, indicate whether the use is a prohibited, permitted, conditional, special exception or special permit use. The specific standards for that use are included below.

9350.1. Aboveground Flammable Liquid Storage: General (59-8350.1).

The site shall be at least five acres in size.

No aboveground storage tank use shall be permitted within 1,000 feet of a residential zoning district or use, except that a caretaker's or watchman's house shall be exempt from this restriction.

The setback line for any aboveground storage tank shall be not less than 100 feet from any lot line or greater if determined necessary by the City Council.

A chain-link fence or noncombustible wall eight feet in height from finished grade shall be provided around the use. Signs warning of the potential hazard, no less than four square feet in area, shall be posted along the fence at no less than 200-foot intervals.

Diking around any storage area, to a minimum height for containment of complete spillage from the largest tank(s), must be constructed.

These aboveground tank(s) must be used only for wholesale sales distributors and/or for use in vehicles owned by the owner of the tank(s).

All flammable liquid storage must meet all requirements of the Oklahoma City Fire Department plus all state and federal air and water quality and/or protection standards. Such storage will be limited to Class I and II rated motor fuels only.

9350.2. Aboveground Flammable Liquid Storage: Restricted (59-8350.2).

The site shall be at least two and one-half acres in size.

The design, installation and maintenance of the storage tank(s) must be in accordance with the City Fire Code and must have the approval of the Fire Marshal.

The aboveground storage tank(s) shall be located at least 100 feet from all property lines and any occupied building on the site. However, a protected tank, meeting the criteria of the Fire Marshal's office, may be located not less than 50 feet from an occupied building on the site. A protected tank must be set back a minimum of 50 feet from all property lines, but may not be located within 100 feet of any non-industrial zoning district.

The dispensing of material contained within the tank shall be prohibited for sales. The material may be dispensed into commercial or business vehicles, which must be owned by the owner of the tank(s).

Secondary containment must be provided.

9350.2.1. Accessory Dwelling (8200.05).

The site is located in the Urban Medium (UM), or Urban High (UH) Land Use Typology Area as identified and defined in Chapter 2 (Development Guide), part 2.0 (Land Use Plan) of the comprehensive plan.

The site is zoned Single-Family Residential District (R-1), or the site is zoned NC, R-2, R-3, or R-4 and is occupied by a Single-Family structure, provided however, an Accessory Dwelling shall not be allowed if the site is within a Historic Landmark Overlay District, or the site is zoned in a SPUD or PUD and the use was not specifically permitted by the SPUD or PUD.

A Building Permit is required when a new Accessory Dwelling is constructed, or when an existing structure is converted to an Accessory Dwelling.

Accessory Dwellings shall be subject to the standards of this section. Accessory Dwellings, including any Accessory Building that includes an Accessory Dwelling, are not subject to the standards of Section 59-12200 Standards for accessory buildings, structures, and uses.

For the purposes of this section, a Principal Dwelling is the Dwelling closest to the front yard and constitutes the Primary Use of a parcel.

General Standards.

A maximum of one Accessory Dwelling per parcel is permitted. The Accessory Dwelling may be any one of these types of Accessory Dwellings:

Detached. A detached Accessory Dwelling is an independent structure or a dwelling unit above or beside a detached garage.

Attached. An attached Accessory Dwelling is attached to the Principal Dwelling and has a separate exterior entrance from the Principal Dwelling.

Internal. An attached Accessory Dwelling is attached to the Principal Dwelling and does not have a separate exterior entrance from the Principal Dwelling.

One family is permitted per Accessory Dwelling.

Accessory Dwellings shall be addressed separately from the Primary Dwelling.

The Accessory Dwelling shall not be divided from the property ownership of the Principal Dwelling.

Use Restrictions.

Manufactured Homes (as defined in 59-2150.2) are not allowed.

Accessory Dwellings shall only be used for Home Sharing/Short Term Rental as defined in Chapter 13 Section 13-500Definitions and according to 59-9350Standard for specific uses if the Accessory Dwelling is located on the same parcel as the host's primary residence and the host's primary residence is occupied by the host at the time of the rental. A special exception for home sharing/short term rental must be obtained as described in 59-9350.38.1.E.

Utility Connections. The Accessory Dwelling shall have water and wastewater connections as approved by the Utilities Department.

Building Siting and Massing.

Building Area. The total floor area of an Accessory Dwelling shall not exceed 950 square feet.

Lot Coverage. The zoning district lot coverage requirement applies to all structures (as defined in Section 59-2150) on the lot, including new and existing Accessory Dwellings and all other accessory structures.

Building Height. The maximum height of a Detached Accessory Dwelling shall not exceed the height of the Primary Dwelling or 25 feet, whichever is less, except that a new Accessory Dwelling constructed above an existing or new detached garage may be up to 25 feet in height, such that the height of the entire structure is 25 feet or less, regardless of the height of the Primary Dwelling.

Minimum Lot Width. In order to construct a new Accessory Dwelling, the minimum lot width in all zones shall be 50 feet.

Location of an Accessory Dwelling on parcel.

Detached Accessory Dwellings shall be located in the rear yard and meet setback regulations of the zoning district, except:

If an existing home is located at the rear of a property, a new second Dwelling may be located on the front of a property. The new Dwelling is considered the Principal Dwelling and shall meet all setback, height, lot coverage and parking requirements of the zoning district. The existing home is then considered an Accessory Dwelling and is allowed to exceed the height and setback requirements of this section only to the extent that they are already exceeded at the time of the construction of the additional dwelling.

An existing accessory structure on a property that was constructed prior to the adoption of this section may be considered an Accessory Dwelling if the Accessory Dwelling is allowed by Section 9350.2.1 and the structure meets, or is improved to meet, all City building code requirements. The existing accessory structure is allowed to exceed the height and setback requirements of the zoning district and this section if they are already exceeded on the effective date of this ordinance.

Required Distance Between Buildings. A detached Accessory Dwelling shall meet the requirements for distance between detached accessory buildings and main buildings as described in 59-12100.2.E.(2).

If no vehicular access is available to the Accessory Dwelling, a minimum three-foot wide pathway shall be provided for emergency services to access the rear Accessory Dwelling without having to egress through the primary dwelling. This access shall be from the front of the property or for corner lots may be from the side street.

Parking.

One off-street parking space is required unless:

The paved street frontage from curb to curb is 26 feet or greater in width; or

The total floor area of the Accessory Dwelling is 600 square feet or less.

One off-street parking space is required along paved, uncurbed streets regardless of street width.

If off-street parking is provided, it shall meet the requirements in Article X Off-Street Parking, Loading, and Access, with the exception that an improved alley may provide primary access to an Accessory Dwelling.

No new parking space shall be allowed in front of the Principal Dwelling.

Garage space(s) shall count towards the required parking space for the Accessory Dwelling as long as the required parking for the Principal Dwelling is also met.

Design.

Decks above the second floor are prohibited.

Porches, Balconies, Decks, and Patios.

Porches and patios (covered or uncovered) at the ground level are allowed.

Second floor outdoor space, including, but not limited to balconies and decks, and excluding stair landings:

shall not exceed 100 square feet in area.

shall be oriented toward the front property line except that balconies or decks located on corner lots may be oriented toward the side street.

shall include a sight-proof sidewall along the full depth of the deck or balcony that limits views into the nearest adjacent property.

Materials. Materials shall meet the City's adopted residential building codes and the building design standards of the zoning district or overlay district.

Windows. Second floor window openings (except those facing the front property line or, when on corner lots, those facing the side street) must use opaque glass or film or have a windowsill height of at least 60 inches above the finished floor.

Notice

When a building permit application for a new accessory dwelling or the renovation of an existing accessory dwelling is submitted, the property owner shall place one Temporary Sign on the property in accordance with Incidental Signs 59-16110.A.4.

Sign may be freestanding or wall mounted.

Sign shall be placed within 30 days of the date that the building permit is filed and shall remain in place until a Certificate of Occupancy is issued.

Sign shall include the property address, building permit number, and the website address and/or QR code that links to the online Citizen Access Portal permit search database.

Sign is subject to impoundment or removal according to 59-16116.B.

9350.3. Adult Day Care Facilities (59-8300.2).

Adult Day Care Facilities located in non-residential districts or are accessory uses to churches, schools or other institutional uses in residential districts shall be permitted uses.

Adult Day Care Facilities that are principal uses in residential districts shall require a special exception.

The Board of Adjustment shall make assurance that no residential structure in a residential zoning district shall be physically altered in such a way that would have a negative impact on adjacent residential uses. Any paving, signs and structural remodeling shall maintain physical compatibility with the surrounding area.

9350.4. Adult Entertainment Uses (59-8300.3).

Purpose. It has become apparent that the concentration of Adult Entertainment Uses in the City tends to result in the blighting and deterioration of those areas subject to such concentration. Accordingly, it is deemed necessary to regulate such uses in a manner reasonably calculated to prevent the occurrence of such deleterious effects upon surrounding properties.

Development Regulations for Adult Entertainment Uses. Any person applying for a conditional use permit to locate, remodel, alter, rebuild or relocate any of the above-referenced uses within the City must show that said use will comply with the following developmental criteria, as well as other criteria contained within this article generally:

(1)

Adult entertainment uses as specified herein above shall be permitted to locate only in the C-3, C-4, C-CBD and DBD Districts.

(2)

No conditional use permit shall be granted for any proposed location which is within a 1,000-foot radius of any other Adult Entertainment Use, as specified herein above.

(3)

No Adult Entertainment Use shall be allowed to locate within a 500-foot radius of any church, public or private school (i.e. type which offers a compulsory educational curriculum), or public or private park. No Adult Entertainment Use shall be allowed to locate within 500 feet of any area zoned for residential use.

(4)

All distances required to be met pursuant to the terms of this section shall begin at the property line of the proposed use and be measured to the nearest property line of the public or private school, park, church, residentially zoned area or Adult Entertainment Use within the proscribed distance, if any.

Adult Entertainment Uses in Violation of These Provisions. Any business in existence as of the effective date of this chapter, which is in violation hereof, shall be deemed an illegal use. Such illegal uses shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to comply with the provisions of this section.

Such uses as are deemed nonconforming uses pursuant to the terms of this section shall be permitted to continue until February 18, 1986, unless such use is terminated for any reason whatsoever prior thereto for a period of 30 days or more, thereafter such nonconforming use shall terminate or come into compliance with the terms of this section.

First Use Deemed Complying. In the event that any two or more Adult Entertainment Uses are located within 1,000 feet of each other as of the effective date of this chapter, that Adult Entertainment Use first been licensed or continually operated shall be deemed to be the complying use. The person, firm, corporation or other entity responsible for the operation or management of the Adult Entertainment Use in such cases shall have the responsibility of proving to the Director, or his/her designated representative, by documented evidence, the date on which such Adult Entertainment Use was first licensed or began continuous operation.

9350.5. Agricultural Processing: General (59-8150.1) and Agricultural Processing: Limited (59-8150.2).

Agricultural processing requirements for specific districts shall be as follows:

(1)

In Residential Districts and districts abutting a Residential District:

(a)

Agricultural Processing shall be located at least five feet from the property line.

(b)

No storage of equipment, supplies, or processed products shall be allowed in the front yard.

The applicant shall submit a plan of existing or proposed water and waste disposal facilities to show that the proposed use will meet all local, State and Federal requirements.

Agricultural Processing shall comply with other applicable standards, including Chapter 35 (Nuisances), Section 59-12350 (Site Lighting Requirements), and Section 59-12400 (Environmental Performance Standards).

9350.6. Agricultural Supplies and Services (59-8300.4).

Outside sales and display shall be allowed provided the following conditions for approval are satisfied:

(1)

No manufacturing, assembly, repair, work activity, or storage other than permitted outside sales and display shall take place outside the confines of an enclosed building.

(2)

Outside sales and display shall be only materials or products actively offered for sale and may remain outside at all times.

(3)

No outside sales or display shall be permitted within ten feet of any lot line abutting an AA, R-A, R-1, R-1ZL, R-2, R-3, R- 3M, R-4M, R-4, R-MH-1, R-MH-2, HP District, or PUD or SPUD Districts which permit the uses allowed in the aforementioned districts.

(4)

No outside sales or display shall be stacked or extend above the required sightproof screening.

(5)

Any lawfully existing outside storage or display activities not in accordance with these regulations shall comply with these regulations by June 1, 1988.

(6)

No required parking lot area shall be used as a display or sales area.

(7)

No public sidewalk or street right-of-way shall be used for outside sales or display, except for an approved temporary special merchant promotion authorized by City regulations.

(8)

No outside sales or display shall be allowed in the sight distance triangle as set forth in Section 59-12300 (Sight Distance Triangle Requirements).

9350.7. Animal Interment Services (59-8300.6).

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

Animal Interment Service uses that are legally in existence at the time of adoption of this chapter may be permitted to expand without requiring a special permit, provided that the expansion does not increase the floor area of the establishment by more than 25 percent.

9350.7.1 Animal Raising: Chickens/Quail (59-8150.2.1).

Animal raising structures, enclosures and activities shall be subject to applicable provisions of Chapter 8 - ANIMALS of the Oklahoma City Municipal Code.

These uses shall be subject to the development regulations of the district in which located, except as modified by this section. This section is not intended to be construed in derogation or in conflict with any restrictive covenant which may be applicable to any property.

These uses shall not require a conditional use permit be obtained from the Director prior to approval of said use.

On parcels of less than one acre, keeping, feeding, and maintaining of up to a total of six chickens (hens) or quail shall be permitted.

(1)

No roosters shall be allowed.

(2)

Chickens and quail shall be sheltered in a coop and shall not be allowed inside a dwelling.

(3)

A coop shall provide at least four square feet of space per chicken or quail. Coops shall be located no closer than five feet from any side property line and no closer than ten feet from any rear property line. Coops shall be located at least 30 feet from any dwelling unit located on an adjacent lot.

(4)

Chickens or quail shall be kept within a coop from dusk until dawn. During the other hours of the day, chickens or quail shall have access to an unpaved outdoor roaming area of at least eight square feet per animal.

(5)

Chickens or quail or their coops or enclosures shall not be allowed front of the rear wall of the primary structure.

(6)

Coops shall be kept clean so as to prevent pests, infestations, and noxious odors.

(7)

Coops shall be designed, built, and maintained to prevent access by predators.

(8)

Water and food shall be provided onsite and accessible at all times.

(9)

Any electrical or heat sources shall comply with the City Building Code.

(10)

Outdoor slaughter of chickens or quail is prohibited.

9350.8. Animal Raising: Commercial (59-8150.3) and Animal Raising: Personal (59-8150.5).

Animal raising structures, enclosures and activities shall be subject to applicable provisions of Chapter 8 of the Oklahoma City Municipal Code, 2020.

These uses shall be subject to the development regulations of the district in which located, except as modified by this section.

These uses shall be allowed only on sites at least one acre in size. For purposes of this section, lot and/or parcel size shall be defined to mean net usable area, excluding public and private street rights-of-way.

On parcels between one and five acres in size, raising, feeding, maintaining and breeding of not more than one of the following (excluding unweaned offspring less than six months of age) shall be permitted per each one-half acre:

(1)

One horse, donkey or mule.

(2)

One cow, bull, heifer or steer.

(3)

Two goats, sheep or similar animals.

On parcels between one and five acres in size, raising, feeding, maintaining and breeding of not more than one of the following shall be permitted per each one acre:

(1)

One sow or boar hog, excluding unweaned offspring less than 50 pounds in weight.

(2)

Three barrows or gilts.

No building or enclosure in which animals are quartered shall be located closer than 200 feet to any dwelling, church, school building or place of business on adjacent properties. (An enclosure is any area, corral, open-sided shelter or enclosed shelter, which has artificial flooring or is substantially denuded of permanent vegetation as a result of animal activity, and would include unfenced areas that become areas of animal congregation such that permanent forage is removed.)

No rooster shall be tethered closer than 400 feet to any dwelling, church, school building or place of business on adjacent properties.

No enclosure in which roosters are quartered shall be located closer than 400 feet to any dwelling, church, school building or place of business on adjacent properties.

The following exceptions to the 200-foot setback in Paragraph F. above apply, provided that no more than one of the following conditions is applied:

(1)

When no more than one horse is maintained on the property, there shall be a 75-foot setback for enclosures.

(2)

When no more than one cow, bull, heifer or steer is maintained on the property, there shall be a 75-foot setback on enclosures.

(3)

When no more than a combined total of four sheep, goats or similar animals are maintained on the property, there shall be a 75-foot setback on enclosures.

(4)

When no more than one barrow, gilt, sow or boar hog is maintained on the property, there shall be a 75-foot setback on enclosures.

Structures in which animals are quartered, existing as of the date on which this section takes effect, if not complying with provisions of Paragraph F. above, shall be deemed legally nonconforming structures.

If any dwelling, church or school building or place of business is constructed adjacent to property on which animal raising activities are taking place, structures or enclosures existing on said property in which animals are quartered and located closer than 200 feet to said dwelling, church or school building or place of business shall be considered legally nonconforming as of the date of issuance of a building permit for said dwelling, church, school building or place of business.

Any nonconforming uses in existence as of the effective date of this Chapter or any amendments to this Chapter shall, within three months of such effective date, terminate or otherwise come into compliance with the terms of this Section.

9350.9. Animal Raising: Commercial Feedlots (59-8150.4).

The site shall be at least 20 acres in size.

No such use shall be permitted within one-half mile of an R-1, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH-2 or HP District.

The applicant shall submit a plan of existing or proposed water and waste disposal facilities to show that the proposed use will meet all local, state and federal requirements.

9350.10. Animal Sales and Services: Auctioning (59-8300.7). These provisions shall apply in the AA and RC Districts:

The site shall be at least five acres in size.

The area should not be planned for residential development by the Comprehensive Plan or any adopted area plans.

No building or animal containment area shall be located within 50 feet of any property line.

9350.11. Animal Sales and Services: Kennels and Veterinary, General (59-8300.10). These provisions shall apply in the AA and C-4 Districts:

No outside runs shall be located within 50 feet of a residential district.

All outside runs shall be fenced.

9350.12. Artistic Graphics (59-8250.1).

Conditions for Approval in DBD, DTD-1 and DTD-2 Districts. All Artistic Graphics in the DBD, DTD-1 and DTD-2 Districts may be permitted upon review by the Oklahoma City Arts Commission.

9350.13. Automotive and Equipment: Cleaning and Repairs, Light Equipment (59-8300.14).

Where vehicles or equipment are to be parked or stored outside while awaiting repair at a use permitted in this district, said parking or storage areas shall be screened from view from the street by a sight-proof fence, building, vegetation or other form of screening in accordance with Article XI, Landscaping and Screening Regulations, of this chapter.

No vehicle or equipment awaiting repair can be stored on the property for more than ten working days.

When located in the BC District, this use is not permitted within the following area: The BNSF Railway viaduct on the west, E Main Street on the north, E Reno Avenue on the south, and Joe Carter Avenue on the east. Elsewhere in the BC District, this use shall not be visible from the street except for entrances and/or exits.

The storage and display of tires shall comply with the following additional regulations: Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily.

9350.14. Automotive Vehicle Impound Yard and Damaged Vehicle Auctions (59-8300.17).

All vehicles stored or parked outside the confines of an enclosed structure shall be parked on a surface meeting one of the following standards:

(1)

On compacted sub grade a minimum six-inch layer of traffic bound surface coarse (TBSC) Type D or Type E compacted to 95 percent standard proctor density.

(2)

Eight inches of cement kiln dust overlaid with five inches of dust-free asphalt millings.

(3)

Three to four inches of crusher run over one and one-half to two inches of gravel.

(4)

Equivalent standard as approved by the City Engineer.

Sight-proof fencing shall be provided on all sides abutting a public street, excluding gates. All gates that are not sight-proof must be equipped with screening slats to reduce visibility into the site from the adjoining street.

Where the site abuts a public street there shall be a landscaped buffer at least ten feet in width between the street right-of-way and the required sight-proof fencing, such landscaped buffer shall include non-deciduous trees planted on not more than 20-foot centers. The provisions of Paragraph E. (2nd paragraph) below not withstanding, this requirement shall not apply at any time to nonconforming uses in existence as of the effective date of this chapter.

No outside storage or parking area shall be permitted within 300 feet of a residential zoning district or property used for residential purposes. The provisions of Paragraph E (2nd paragraph) below not withstanding, this requirement shall not apply to nonconforming uses in existence as of the effective date of this chapter, including any future enlargement, extension or reconstruction of the nonconforming use.

Any use in existence as of the effective date of this chapter, which is in violation of Paragraphs A. and B. above shall be deemed nonconforming. Such nonconforming use shall not, in any manner, be enlarged, extended, altered or rebuilt except so as to comply with the provisions of this section.

All uses deemed nonconforming uses pursuant to the terms of this section shall, within three years of the effective date of this Ordinance, terminate or come into compliance with the terms of this section.

9350.15. Automotive and Equipment: Automobile Dealership and Malls (59-8300.18).

The site shall be located, and have frontage, on an interstate highway, expressway or major arterial street. A site shall not be allowed on a major arterial street with less than 300 feet of public right-of-way if a residential zoning district exists directly across the major arterial street from any portion of the site.

The traffic generated by such facility shall be safely accommodated along major streets without traversing local minor streets. Vehicular access shall not be permitted between the facility and abutting minor streets with less than 51 feet of public right-of-way.

The facility shall be fenced, screened and landscaped as required by this chapter. Establishments with outdoor sales and display may cluster landscaping in order to optimize the view of the automobiles for sale.

As a condition of the granting of a special permit, the City Council may impose such additional requirements, as it deems necessary in the public interest.

The area of Automotive and Equipment: Automobile Dealerships and Malls devoted to incidental uses shall not exceed 40 percent of the area devoted to primary uses. Primary uses shall include inside and outside display and showrooms, while incidental uses shall include automotive painting, body and frame repair, and major repair of motors, transmissions and differentials.

9350.16. Automotive and Equipment: Sales and Rentals, Manufactured (Mobile) Homes and Recreational Vehicles (59-8300.20).

The use shall only be permitted as an accessory use to those uses classified as Personal Storage (59-8300.60). The use shall not be permitted in a planned unit development where the outside storage of vehicles and rental trucks has been prohibited.

The use shall be limited to the rental of light trucks, moving vans, trailers, etc., and accessory sales of related items such as boxes, packing materials, tape, etc. The incidental installation of lights, trailer hitches, etc. shall be permitted.

A total of no more than five trucks, vans, trailers and/or pieces of moving equipment will be permitted on the site.

Adequate space shall be provided on private property to provide for parking, loading and maneuvering of vehicles in accordance with regulations established in Article XII, Off-Street Parking, Loading and Access, of this chapter.

Moving trucks shall be limited in size to two axles, 26 feet in length and 13 feet in height.

A maximum of two rental light trucks may be located along the street frontage if each truck can be located a minimum of 100 feet from a single-family dwelling. Otherwise, the moving equipment must be located at the rear of the property, out of sight of the adjoining street, and may be positioned between buildings, where practical.

9350.17. Child Care Centers (59-8300.25).

Child Care Centers that are located in non-residential districts or are accessory uses to churches, schools or other institutional uses in residential districts shall be permitted uses.

Child Care Centers that are principal uses in residential districts shall require a special exception. The Board of Adjustment shall make assurance that no residential structure in a residential zoning district shall be physically altered in such a way that would have a negative impact on adjacent residential uses. Any paving, signs and structural remodeling shall maintain physical compatibility with the surrounding area.

9350.18. Commercial Blood Centers (59-8300.26). The use shall not be located within a residential district.

9350.19. Communication Services (59-8300.27, 59-8300.28, 59-8300.29 and 59-8300.30).

Broadcast Towers (59-8300.28).

(1)

Conditions for Approval of a Conditional Use. The following provisions shall apply in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC, I-1, I-2, I-3 and PUD Districts:

(a)

The maximum height of the tower, including antenna array, shall not exceed 200 feet in height. Any tower that does not meet the 200 foot height restriction shall be required to obtain a Special Exception.

(b)

All towers shall be located on a site so as to provide a minimum distance equal to the height of the tower from all property lines. The Director may modify this requirement to not less than 50 percent of the height of the tower where tower design will assure a collapsing tower will fall within a smaller area. The minimum distance required by this Paragraph shall be measured from the base of the tower to all abutting property lines.

(c)

All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear or side yard setbacks, and no closer than five feet to any property line.

(d)

All towers shall observe a minimum setback of 50 feet from any abutting street right-of-way and a minimum setback from any abutting expressway or highway of 100 feet.

(e)

A fence not less than eight feet in height, as measured from finished grade, shall be installed around the site with access through a locked gate.

(f)

All broadcast tower sites shall be landscaped and maintained with non-deciduous trees, at least six feet in height, planted on ten-foot centers, on the outside of the required fence, on all sides of the site. Upon written request, the Director may modify or waive this requirement if the landscaping requirement is not consistent with the surrounding area.

(g)

No signals or illumination shall be permitted on any tower unless required by the Federal Communication Commission (FCC) Federal Aviation Administration (FAA) or City agency.

(h)

No commercial advertising or signage shall be allowed on any tower.

(2)

Residential Districts Waiver. Broadcast Towers may be located in a residential district if:

(a)

Development conditions listed in 9350.19B below are met. The height restrictions of 9350B(1)(a) below are applicable and refer to residential uses and not districts.

(b)

The subject site is vacant and/or unplatted. However, the subject site may be occupied with a non-residential land use which is a legal use and/or a legal nonconforming use.

(c)

There are no residential uses located within a radius equal to 125 percent of the height of the tower measured from the base of the tower.

Telecommunication Towers (59-8300.30).

(1)

Conditions for Approval of a Conditional Use. The following provisions shall apply in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC, I-1, I-2, I-3 and PUD Districts:

(a)

(b)

Minimum Distances for Towers and Sites

All towers shall be located so as to provide a minimum distance equal to the height of the tower from any residential district or use.

All cellular or telecommunication sites shall be located so as to provide a minimum distance of 25 feet from all exterior boundaries of the cellular or telecommunication site to all property lines of any abutting parcels in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC or I-1 Districts. A cellular or telecommunication site may be located closer than 25 feet to such property lines if the written consent of all abutting property owners whose property line(s) would be within 25 feet of the site is obtained. The minimum distance required by this Paragraph shall be measured from the fence surrounding the site, as required by Paragraph (i) below, to all property lines of any abutting property in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC or I-1 Districts.

All towers shall be located so as to provide a minimum distance of 50 feet from the tower to all property lines of any abutting parcels in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC or I-1 Districts. A tower may be located closer than 50 feet to such property lines if the written consent of all abutting property owners whose property line(s) would be within 50 feet of the site is obtained. The minimum distance required by this Paragraph shall be measured from the base of the tower to all property lines of any abutting parcels in the AA, O-1, O-2, NB, C-1, C-2, C-3, C-4, C-CBD, DBD, DTD-1, DTD-2, C-HC or I-1 Districts.

(c)

All towers shall be constructed so that it may be utilized by three or more wireless communication providers. Proof of such capacity shall be submitted before a building permit is issued.

(d)

New telecommunication towers, above 75 feet in height, shall be a minimum distance of at least one-half mile from another telecommunication tower. New telecommunication towers between the heights of 35 and 75 feet shall observe a minimum distance of at least one-quarter mile from another telecommunication tower.

(e)

All towers shall be of monopole type construction if located within 500 feet of any residential district or use.

(f)

All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear or side yard setbacks, and no closer than five feet to any property line.

(g)

All towers shall observe a minimum setback from any abutting street rights-of-way or from any abutting expressway or highway.

(h)

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area per carrier and shall not be more than 12 feet in height from finished floor elevation. Small equipment cabinets, which contain all necessary instruments to the operation of the antenna, are encouraged as an alternative to the equipment building.

(i)

A fence not less than eight feet in height, as measured from finished grade, shall be installed around the telecommunication site with access through a locked gate.

(j)

All telecommunication sites shall be landscaped and maintained with non-deciduous trees, at least six feet in height, planted on ten- foot centers, on the outside of the required fence, on all sides of the site. Upon written request, the Director may modify or waive this requirement, if the landscaping requirement is not consistent with the surrounding area.

(k)

No signals or warning lights shall be permitted on any tower unless required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or City agency.

(l)

No commercial advertising or signage shall be allowed on any tower.

(2)

Residential District Waiver. Towers and antennas used for wireless and/or cellular telecommunication facilities may be located in a residential district provided all of the following conditions are met:

(a)

Development conditions listed in 9350.19B above are met. The height restrictions of 9350.19B(1)(a) above are applicable and refer to residential uses and not districts.

(b)

The subject site is vacant and/or unplatted. However, the subject site may be occupied with a non-residential land use which is a legal use and/or legal nonconforming use.

(c)

There are no residential uses located within a radius equal to 125 percent of the height of the tower measured from the base of the tower.

(3)

Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last service provider shall notify the Director within 30 days that the use has been discontinued.

(4)

Any tower which does not meet any of the conditions outlined herein shall be required to obtain a Special Exception.

(5)

Specific Standards for Special Exception Uses for Telecommunication Towers (59-8300.30).

The applicant shall provide the following information:

(a)

Evidence that there is a gap in coverage or a demonstrated lack of cellular voice or data service capacity in the area identified by the wireless service provider; and

(b)

Evidence that there are no other available sites that would close the gap in coverage or provide capacity relief demonstrated by the wireless service provider; and

(c)

Evidence that there are no co-location opportunities (locations on existing buildings/structures) available that would mitigate the issues demonstrated by the wireless service provider; and

(d)

Evidence that the proposed new tower site would satisfy the least intrusive means test of closing the gap in coverage or relieving capacity.

Antennas (59-8300.27).

(1)

Placement of Telecommunication Antennas on Existing Towers/Sign Structure.

(a)

Telecommunication antennas are allowed in all zoning districts without further zoning proceedings only on existing utility, lighting, telecommunication towers and sign structures, provided that the antenna does not exceed the height of the structure by more than 20 feet. All such placements are subject to a revocable permit, if applicable.

(b)

Telecommunication antennas located on existing structures are not subject to any separation requirement.

(c)

If any additions, changes or modifications are to be made to the existing structure, the Director shall have the authority to require the submission of an engineering certification letter to confirm the addition, change or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Oklahoma City.

(2)

Replacement of Telecommunication Antennas on Existing Towers/Poles.

(a)

Existing structures may be rebuilt in all zoning districts, without further zoning proceedings, if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. Rebuilding of existing structures is limited to one time per structure.

(b)

If the replacement or rebuilding is necessary for co-location, then the existing structure may be increased by 30 feet higher than the existing structure, up to a maximum height of 200 feet. Replacement or rebuilding for co-location purposes is limited to one time per structure and the structure must be constructed so that it may be utilized by three or more wireless communication providers.

(3)

Placement of Roof-Mounted Telecommunication Antennas. Such placements are allowed on non-residential and residential structures located within the R-4 District which are at least three stories in height, without further zoning proceedings, provided all of the following conditions are met:

(a)

A non-whip antenna does not exceed the height of the building by more than 20 feet.

(b)

A whip antenna does not exceed the height of the building by more than 20 feet and is located no closer than five feet to the perimeter of the building.

(c)

As a part of the building permit proceedings, the Planning Director shall be provided with an engineer's certification that the roof will support the proposed antenna and associated equipment.

(4)

Placement Building-Mounted Telecommunication Antennas. Such placement of non-whip antennas are allowed on non-residential structures in any zoning district and residential structures located within the R-4 District, which are at least three stories in height, without further zoning proceedings, provided the antenna is mounted flush with the exterior of the building so that it projects no more than 41 inches from the surface of the building to which it is attached.

9350.19.1. Community Garden (59-8150.6.1).

Activities and appurtenances may include greenhouses, hoop houses, cold frames, sheds or other small structures for the keeping of tools and equipment, composting, hydroponics/aquaponics, and/or rainwater harvesting. Above-ground appurtenances are subject to the setback, lot coverage, and height requirements of the underlying zoning district.

Hydroponic/aquaponic activities within a community garden must be managed to prevent infestation of insects and other pests.

A sign clearly identifying the responsible party including relevant contact information shall be displayed at the community garden. Community garden signs shall be considered Noncommercial, expressive signs as defined in Chapter 3-100.6.

A Community garden shall be free of rank weeds as defined in Chapter 35 (Nuisances).

9350.20. Community Recreation: General (59-8250.2).

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

The site shall front or have direct access to a street meeting minimum design standards for, at least, a collector street, as designated on the Functional Classification Plan for Oklahoma City.

Lighted outdoor facilities shall be located no closer than 20 feet to any property line that adjoins a residential use, and all lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

Additional Standards for Approval of a Special Exception. The following provisions shall apply in the RA2, RA, R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH-2 and NC Districts:

(1)

The size of the operation, its location and the hours of operation shall be determined to not have a negative effect on any surrounding residential development, either existing or future.

(2)

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

(3)

The site shall front or have direct access to a street meeting minimum design standards for, at least, a collector street.

(4)

Lighted outdoor facilities shall not be located closer than 20 feet to any property line that adjoins a residential use, and all lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

(5)

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

9350.21. Community Recreation: Restricted (59-8250.4).

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

The site shall front or have direct access to a street meeting minimum design standards for, at least, a collector street, as designated on the Functional Classification Plan for Oklahoma City.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

The minimum site size for each district shall:

(1)

AA, RA2, RA, R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1: 80,000 sf.

(2)

R-MH-2: 40,000 sf.

(3)

NC Tract 1, Tract 2, Tract 3: 6,000 sf.

Except in the AA, RA2, and RA Districts, no building shall be located closer than 20 feet to any lot line abutting any residential use.

9350.21.1. Composting (59-8150.6.2).

In Residential Districts R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, or R-MH-2 Composting requirements shall be as follows:

(1)

Compost shall be located in the rear yard.

Composting shall be managed and cared for to prevent infestation of insects, rats, vermin, other pests, and shall not be allowed to become trash as defined in Oklahoma State Statute Section 11-22-111. (Cleaning and Mowing of Property).

Composting must be managed to prevent unpleasant or noxious odors and comply with Environmental Performance Standards, as set forth in Section 59-12400 (Environmental Performance Standards).

Composting must minimize run-off into waterways and onto adjacent properties.

9350.22. Congregate Care Housing and Convalescent Homes (59-8200.1).

No building shall be located closer than 15 feet to any lot line abutting any residential zoning district. In the NC District Tract 3 no building shall be located closer than 15 feet to any lot line abutting any residential zoning district or NC District Tract 1.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Off-street parking and loading requirements for specific districts shall be as follows:

(1)

In the R-4M District, off-street parking or loading spaces shall be located a minimum of ten feet from any lot line abutting an R-1, R-1ZL, R-2, R-3, R-3M or R-MH-1 District.

(2)

In the R-4 District, off-street parking or loading spaces shall be located a minimum of ten feet from any lot line abutting an R-1, R-1ZL, R-2, R-3, R-3M or R-MH-1 District.

(3)

In the NC District Tract 2, off-street parking or loading spaces shall be located a minimum of ten feet from any lot line abutting an R-1, R-1ZL, R-2, R-3 or R-3M District, or single-family use.

(4)

In the NC District Tract 3, off-street parking or loading spaces shall be located a minimum of ten feet from any lot line abutting an R-1, R-1ZL, R-2, R-3, R-3M or NC District Tract 1.

9350.23. Construction Sales and Services (59-8300.13).

Outside sales and display shall be allowed provided the following conditions for approval are satisfied:

(1)

No manufacturing, assembly, repair, work activity, or storage other than permitted outside sales and display shall take place outside the confines of an enclosed building.

(2)

Outside sales and display shall be only materials or products actively offered for sale and may remain outside at all times.

(3)

(4)

No outside sales or display shall be stacked or extend above the required sightproof screening.

(5)

Any lawfully existing outside storage or display activities not in accordance with these regulations shall comply with these regulations by June 1, 1988.

(6)

No required parking lot area shall be used as a display or sales area.

(7)

No public sidewalk or street right-of-way shall be used for outside sales or display, except for an approved temporary special merchant promotion authorized by City regulations.

9350.24. Convenience Sales and Personal Services (59-8300.32). Each use shall comply with all standards and provisions of the applicable zoning district, unless specifically modified by this section.

Conditions for Approval in the O-2 and TP Districts.

(1)

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 courtyard, provided that one major exterior entrance shall be permitted.

(2)

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

Conditions for Approval in the C-HC District.

(1)

Conditional commercial uses shall be permitted if they are designed as part of a commercial complex which has been developed to primarily serve customers coming from the highway, such as a motel, filling station or a store combined with a truck stop.

(2)

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

9350.25. Domestic Violence Shelters (59-8250.6).

The application shall address: a description of the type of program proposed, the number of participants that would be in the program at one time, the number of staff that would be associated with the program and their general duties, the type of supervision that will be provided for the participants in the program, the means to mitigate any impact upon the surrounding land uses from the operation of the program, and the behavior of the participants in the program.

Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: other Domestic Violence Shelters (59-8250.6), Emergency Shelters and Feeding Sites (59-8250.7), Forced Detention or Correction Facilities (59-8250.8), Residential Facilities for Dependent and Neglected Children (59-8250.17), Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and Transitional Mental Health Residential Facilities (8250.19). Staff shall provide the appropriate data and information to aid in the deliberations of the Planning Commission and City Council.

The inordinate concentration of these use units is discouraged and locations dispersed throughout the community are promoted. The City Council shall determine whether an inordinate concentration of these uses would result from establishment of an additional such use in the particular area. In determining whether an inordinate concentration would result in a negative impact to the surrounding community from approval of a particular application, the City Council shall consider all facts and circumstances relating to the application and areas surrounding the proposed site, including, but not limited to, the differences or similarities in existing uses among these use units and the compatibility or incompatibility of such uses in the particular area.

9350.25.1 Drinking Establishments: Sitdown, Alcohol Permitted (59-8300.33).

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

Any Drinking Establishment: Sitdown Alcohol Permitted use within the O-2 General Office District must meet the specific use standards for an eating establishment set forth in 9350.26.

Location Requirements.

(1)

No drinking establishment use shall be allowed to locate within 300 feet of any church property primarily and regularly used for worship services and religious activities, or any public or private school of the type which offers a compulsory education curriculum; however, a college or university located within an improvement district created pursuant to Section 39-103.1 of Title 11 of the Oklahoma Statutes may waive the 300-foot requirement pursuant to 37A O.S. § 2-139. Distances shall be measured from the nearest property line of the public or private school, or church to the nearest perimeter wall of any such drinking establishment.

(2)

If food or beverages are consumed in an outdoor seating/activity area at any time between the hours of 11:00 p.m. and 8:00 a.m., the outdoor seating/activity area shall be separated by a distance of at least 100 feet from the nearest abutting property line of a residential use. Distances shall be measured from the closest edge of the outdoor seating/activity area to the nearest property line of the residential use.

Site Plan Requirements. In addition to the Special Permit site plan requirements as specified in 59-4250.2.D., the location and dimensions of the area(s) designated for the sales and consumption of alcoholic beverages shall be shown on the site plan.

Notification Requirements. Applications for a Special Permit allowing the Drinking Establishments: Sitdown, Alcohol Permitted (8300.33) use shall be accompanied by a list of all owners of property within 600 feet of the exterior boundary of the subject property upon which the special permit is requested. In addition, the 600-foot radius shall be extended by increments of 100 lineal feet until the list contains a minimum of ten individual property owners of ten separate parcels.

Revocation of Special Permit for Drinking Establishments: Sitdown, Alcohol Permitted (8300.33). A Special Permit may be revoked as specified in 59-4250.2.F.

Expiration of Special Permit for Drinking Establishments: Sitdown, Alcohol Permitted (8300.33). In addition to the conditions for expiration of a Special Permit as specified in 59-4250.2.F., a Special Permit for the use Drinking Establishments: Sitdown, Alcohol Permitted (8300.33) will expire if:

(1)

For a period of 12 months or more any of the following occurs:

(a)

The City license for the sale of alcoholic beverages is not renewed when due.

(b)

The occupation tax relating to the sale of alcoholic beverages is not paid when due.

(c)

The sale or consumption of alcoholic beverages on the premises ceases.

(2)

The State revokes or does not renew the operator's license.

Nonconforming Uses.

(1)

All establishments legally established under an Alcoholic Beverage Consumption Overlay District (ABC-3) shall continue to operate in accordance with the zoning overlay unless an application to remove the overlay is approved by the City Council.

(2)

All establishments legally established prior to May 9, 1985 shall be considered legal nonconforming. If such a use was approved as a special permit or special exception, and fails to continue operating in accordance with that approval, then the use will be considered illegal.

(a)

Legal nonconformities will cease if:

(1)

For a period of six months or more, any of the following occurs:

The City license for the sale of alcoholic beverages is not renewed when due.

ii.

The occupation tax relating to the sale of alcoholic beverages is not paid when due.

iii.

The sale and consumption of alcoholic beverages on the premises ceases.

(2)

The use of the premises is changed to a use other than one relating to or authorizing the on-site consumption of alcoholic beverages.

(3)

The original special permit or special exception is revoked.

(4)

The State revokes or does not renew the operator's license.

9350.26. Eating Establishments: Sitdown (59-8300.37) and Eating Establishments: Sitdown, Limited Alcohol Permitted (59-8300.39).

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

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

9350.26.1 Eating Establishments: Sitdown, Alcohol Permitted (59-8300.38).

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

In addition to the conditions contained within this section, any Eating Establishment: Sitdown, Alcohol Permitted use within the O-2 General Office District must meet the specific use standards for an eating establishment set forth in 9350.26.

Any existing Planned Unit Development or Simplified Planned Unit Development permitting the 8300.37 Eating Establishment: Sitdown, Alcohol Not Permitted use unit shall be permitted to develop according to the 8300.38 Eating Establishment: Sitdown, Alcohol Permitted or 8300.39 Eating Establishment: Sitdown, Limited Alcohol Permitted uses provided they meet the applicable conditions, unless the existing PUD/SPUD specifically prohibits said uses.

Exterior lighting shall be installed and arranged to minimize glare on adjacent properties and streets, and be in compliance with the lighting requirements in Section 59-12350.

If food or beverages are consumed in an outdoor seating/activity area between the hours of 11:00 p.m. and 8:00 a.m., the outdoor seating/activity area shall be separated by a distance of at least 100 feet from the nearest abutting property line of a residential use. Distances shall be measured from the closest edge of the outdoor seating/activity area to the nearest property line of the residential use.

The area allocated to the sale and consumption of alcoholic beverages shall not exceed 15,000 square feet.

Any Eating Establishments: Sitdown, Alcohol Permitted use which does not meet the conditions outlined herein shall be required to obtain a Special Permit.

Nonconforming Uses.

(1)

All establishments legally established under an Alcoholic Beverage Consumption Overlay District (ABC-2) shall continue to operate in accordance with the zoning overlay unless an application to remove the overlay is approved by the City Council.

(2)

(a)

Legal nonconformities will cease if:

(1)

For a period of six months or more, any of the following occurs:

The City license for the sale of alcoholic beverages is not renewed when due.

ii.

The occupation tax relating to the sale of alcoholic beverages is not paid when due.

iii.

The sale and consumption of alcoholic beverages on the premises ceases.

(2)

The use of the premises is changed to a use other than one relating to or authorizing the on-site consumption of alcoholic beverages.

(3)

The original special permit or special exception is revoked.

(4)

The State revokes or does not renew the operator's license.

9350.27. Emergency Shelters and Feeding Sites (59-8250.7).

Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: Domestic Violence Shelters (59-8250.6), other Emergency Shelters and Feeding Sites (59-8250.7), Forced Detention or Correction Facilities (59-8250.8), Residential Facilities for Dependent and Neglected Children (59-8250.17), Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and Transitional Mental Health Residential Facilities (59-8250.19). Staff shall provide the appropriate data and information to aid in deliberations of the Planning Commission and City Council.

9350.28. Forced Detention or Correction Facilities (59-8250.8).

Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: Domestic Violence Shelters (59-8250.6), Emergency Shelters and Feeding Sites (59-8250.7), other Forced Detention or Correction Facilities (59-8250.8), Residential Facilities for Dependent and Neglected Children (59-8250.17), Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and Transitional Mental Health Residential Facilities (59-8250.19). Staff shall provide the appropriate data and information to aid in the deliberations of the Planning Commission and City Council.

All applications for Special Permit for uses in this category that house sex offenders or persons convicted of a capital offense, shall include written verification of compliance with Section 1, Chapter 136, Oklahoma State Law (57 O.S. Supp. 2008, § 563.4). Such written verification shall include a notarized statement affirming compliance with the statute, a list of individuals notified by certified mail and copies of the return receipts.

9350.29. Funeral and Interment Services: Interring (59-8300.43).

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

Structures, permitted as a part of the use, including on-site columbariums, crematoriums, mausoleums and funeral homes, shall be surrounded on two or more sides by the cemetery grounds and shall be set back a minimum of 75 feet from a street and 20 feet from a residential zoning district.

Uses that are legally in existence at the time of adoption of this chapter are permitted to expand without requiring a special permit, provided that the expansion does not increase the floor area of the establishment by more than 25 percent.

9350.30. Gasoline Sales, Small: Restricted (59-8300.46).

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

Pump islands shall be a minimum of 12 feet from all street rights-of-way and interior lot lines.

In the C-1 District, no service or repair garage, towing or wrecking service, equipment rental, or storage facility shall be permitted.

9350.30.1. Greenhouse (59-8150.6.3). This use shall be subject to the development regulations of the district in which located, except as modified by this section.

In BC, DBD, DTD-1, DTD-2, SYD, R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, or R-MH-2 Districts a greenhouse shall not be located in the front yard.

9350.31. Hazardous Industrial (59-8350.4).

The site shall be at least five acres in size.

No such use shall be permitted within 1,000 feet of a residential district, provided that a caretaker's or watchman's house shall be exempt from this restriction.

The setback line for any hazardous industrial activity shall be not less than 100 feet from any lot line or greater if determined to be necessary by the City Council.

A chain-link fence or wall not less than eight feet in height, as measured from finished grade, shall be provided around the use. Signs of approximately four square feet in area shall be posted along the fence at 200-foot intervals warning of the potential hazard.

9350.32. Hazardous Waste Disposal (59-8350.5).

The site shall be at least 20 acres in size.

All maintenance, repair and mechanical work shall be performed in enclosed buildings unless the zoning district regulations permit otherwise.

Such uses shall be open in character and essentially free of development, and shall not be located closer than 1,000 feet from any building or structure not a part of the disposal site that is used continuously or intermittently for human occupancy.

The setback line for any disposal facility shall be not less than 100 feet from any lot line.

A chain-link fence or wall not less than eight feet in height from finished grade shall be provided around the use. Signs warning of the potential hazard, four square feet in area, shall be posted along the fence at 200-foot intervals.

Access shall be through a locked gate.

No hazardous waste disposal site shall be located within 150 feet of any highway, or 1,500 feet from any drainage canal, lake, stream, navigable waterway or regulatory floodway.

9350.33. Heavy Public Protection and Utility (59-8250.9).

The site shall be at least five acres in size.

All maintenance, repair and mechanical work shall be performed in enclosed buildings unless the zoning district regulations permit otherwise.

Off-street parking or loading spaces shall be located a minimum of 50 feet from any lot line abutting a residential district.

No use shall be permitted within 500 feet of occupied dwellings.

9350.34. High Impact Institutional (59-8250.10).

All development regulations shall conform to the provisions of the O-2 District, or as additionally required by the special permit.

Properties developed and occupied as hospitals prior to November 21, 1980, and in continual use as such since that date, shall be allowed to continue the use of such property for hospital purposes and to expand existing facilities without securing a special permit, provided the following conditions are met:

(1)

The property is zoned for office, commercial or industrial uses, and was so designated prior to November 21, 1980.

(2)

All expansions or additions to existing facilities shall conform to the development regulations of the O-2 District.

(3)

Accessory uses, allowed only by grant of special exception or special permit, shall not be exempt from the requirements otherwise placed upon them by this chapter.

(4)

No expansion or addition to an existing hospital facility shall be permitted within a residential district without the grant of special permit.

(5)

The application shall at least address: the size of the proposed site, the use anticipated, a description of the operation, and the means to mitigate impacts to surrounding land uses.

9350.34.1. Home Garden (59-8150.6.4).

A home garden may be grown in the front, rear, or side yards.

Hydroponic/aquaponic and rainwater harvesting activities within a home garden must be managed to prevent infestation of insects and other pests.

A home garden shall be free of rank weeds as defined in Chapter 35 (Nuisances).

9350.34.2. Hoop House (59-8150.6.5). This use shall be subject to the development regulations of the district in which located, except as modified by this section.

In BC, DBD, DTD-1, DTD-2, SYD, R-1, R-1ZL, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, or R-MH-2 Districts a hoop house shall not be located in the front yard.

9350.35. Horticulture (59-8150.7).

Outside sales and display shall be allowed provided the following conditions for approval are satisfied:

(1)

No manufacturing, assembly, repair, work activity, or storage other than permitted outside sales and display shall take place outside the confines of an enclosed building.

(2)

Outside sales and display shall be only materials or products actively offered for sale and may remain outside at all times.

(3)

(4)

No outside sales or display shall be stacked or extend above the required sightproof screening.

(5)

Any lawfully existing outside storage or display activities not in accordance with these regulations shall comply with these regulations by June 1, 1988.

(6)

No required parking lot area shall be used as a display or sales area.

(7)

No public sidewalk or street right-of-way shall be used for outside sales or display, except for an approved temporary special merchant promotion authorized by City regulations.

9350.36. Library Services and Community Centers (59-8250.11), Light Public Protection and Utility: General (59-8250.12), and Low Impact Institutional: Neighborhood-Related (59-8250.14).

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

The site shall front or have direct access to a street meeting minimum design standards for, at least, a collector street, as designated on the Functional Classification Plan for Oklahoma City.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

Except in the RA District, no building shall be located closer than 20 feet to any lot line abutting any residential use.

Minimum lot sizes for Library Services and Community Centers shall be as follows:

(1)

AA, RA2, RA: 80,000 sf

(2)

R-1, R-1ZL, R-2: 40,000 sf

(3)

R-3, R-3M, R-4M, R-4: None

(4)

R-MH-1, R-MH-2: 40,000 sf

(5)

NC Tract 1: 40,000 sf

(6)

NC Tract 2, NC Tract 3: None

Minimum lot sizes for Light Public Protection and Utility: General shall be as follows:

(1)

AA, RA2, RA: 80,000 sf

(2)

R-1, R-1LZ, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH-2: 20,000 sf

(3)

NC Tract 1: 40,000 sf

(4)

NC Tract 2, NC Tract 3: 20,000 sf

Minimum lot sizes for Low Impact Institutional: Neighborhood-Related shall be as follows:

(1)

RA2, RA: 80,000 sf.

(2)

R-1, R-1LZ, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH-2, NC Tract 1, NC Tract 2, NC Tract 3: 40,000 sf.

9350.37. Lodging: Accommodations: Bed and Breakfast (59-8300.49).

Special Permit required in the R-1, R-1ZL and R-2 Districts.

Guest rooms shall not include cooking facilities.

A maximum of ten bedrooms may be provided for registered guests. No other bedrooms shall be used by other roomers, borders or guests.

The maximum stay by any guest shall be limited to 30 days.

All required guest parking shall be provided on-site. In the BC District, any guest parking provided may be permitted off-site.

9350.38. Lodging: Accommodations: Campgrounds (59-8300.50).

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

The site shall front or have direct access to a street meeting minimum design standards for, at least, a collector street, as designated on the adopted Functional Classification Plan for Oklahoma City.

Transient accommodations, limited to travel trailers or recreational vehicles only, shall occupy no more than 25 percent of the total number of spaces of any Manufactured (Mobile) Home Park in the R-MH-2 District.

No building shall be located closer than 20 feet to any lot line abutting any residential use.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

No off-street parking or loading space shall be located closer than 20 feet to any lot line abutting a residential district.

Conditions for Approval in the AA and I-1 Districts

(1)

The site shall front or have direct access to a street meeting minimum design standards for, at least, an arterial street, as designated on the Functional Classification Plan for Oklahoma City.

(2)

The site shall not abut, nor be within 300 feet of, a residential district, other than the AA District.

(3)

In the AA District, there shall be a landscaped buffer strip with a depth of at least 50 feet along the perimeter of the site. The buffer strip shall contain no roads or drives, RV spaces, or buildings or other types of structures, except for sight-proof screening.

(4)

The maximum density shall be ten recreational vehicle spaces per acre.

(5)

Landscaped open space shall be provided in the ratio of at least 400 square feet per recreational vehicle space.

(6)

Sight-proof screening shall be provided around all sides of the site, except where transversed by driveways. Sight triangles shall be observed.

(7)

The space for each recreational vehicle shall be provided with a permanent hard-surfaced pad.

(8)

Compliance with the regulations in Chapter 31 of the Oklahoma City Municipal Code, 2020, as amended, concerning RV parks shall be achieved.

59-9350.38.1. Lodging Accommodations: Home Sharing/Short Term Rental.

The rental of the entire dwelling unit or portion of the dwelling unit is less than 30 consecutive days per renter/guest.

The host shall be required to comply with any applicable building or fire codes adopted by the City, including but not limited to working smoke detectors, a carbon monoxide detector and a functioning fire extinguisher.

The host must obtain a home sharing/short term rental license.

All applicable fees and taxes must be collected and paid.

A special exception must be obtained for home sharing/short term rental where the dwelling unit:

(1)

is not the primary residence of the host; or

(2)

is the primary residence of the host but the host engages in home sharing/short term rental for more than ten nights in a calendar month; or

(3)

is located within the boundaries of a Historic Preservation District, in which case the home sharing/short term rental accommodation shall be located on the same parcel as the host's primary residence and the host's primary residence shall be occupied by the host at the time of the rental.

Provided, a special exception shall not be required for any property at which, prior to January 15, 2019, lodging accommodations in a dwelling or room(s) in a dwelling were provided for rent for a temporary period of time less than 30 consecutive days per guest and for which a home sharing license has been granted by the Supervisor of Licenses pursuant to Section 13-510 of this Code.

A special exception pursuant to Subsection E of this section may be granted for a period of up to three years. Before the time period expires, if the applicant desires to continue the use, the applicant shall file a timely renewal application for a special exception and have the case reviewed and approved by the Board of Adjustment. For purposes of this Section, a renewal application will be considered timely if it is accepted by Planning Department staff prior to the expiration date of the previous special exception. If the applicant desires to continue the use but has not submitted a timely renewal application, the application shall be considered a new application.

A special exception to operate a home sharing/short term rental accommodation shall not be approved for more than ten percent of the total number of dwelling units in a platted block or, if unplatted, the total number of dwelling units in a block, as that term is defined in this Chapter; provided this subsection shall not prevent the timely renewal of any home sharing/short term rental Special Exception that was lawfully issued to the operator of the home sharing/short term rental accommodation prior to the effective date of this ordinance. If staff is unable to determine the total number of dwelling units in a block or platted block, staff may require applicant to submit a listing of all such dwelling units. At least one home share/short term rental special exception shall be allowed on each block or platted block regardless of the number of dwelling units.

When applying for a special exception, the applicant shall provide the Board of Adjustment a site plan or photo showing the parking spaces to be used in conjunction with the home sharing/short term rental accommodation. The home sharing/short term rental accommodation shall provide one off-street parking space for every four occupants; provided this subsection shall not prevent the timely renewal of any home sharing/short term rental Special Exception that was lawfully issued to the operator of the home sharing/short term rental accommodation prior to the effective date of this ordinance.

When evaluating an application for a home sharing/short term rental Special Exception, the Board of Adjustment may consider as a basis for denial any restrictive covenant which both: 1) specifically identifies home sharing/short term rental, as that term is defined in Section 13-500 of this Code, as a prohibited use of the real property on which the use would occur and 2) is filed of record against the real property on which the use would occur; provided this subsection shall not prevent the timely renewal of any home sharing/short term rental Special Exception that was lawfully issued to the operator of the home sharing/short term rental accommodation prior to the effective date of this ordinance.

When evaluating an application for a home sharing/short term rental Special Exception, the Board of Adjustment may consider as a basis for denial concerns regarding vehicular traffic that may be hazardous or in conflict with the existing and anticipated traffic in the neighborhood, which may include but not be limited to existence of a cul-de-sac near the site, width of streets, ingress and egress from the neighborhood, and access for first responders.

9350.39. Medical Services: General (59-8300.52).

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

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

9350.40. Mining and Processing: Minerals and Raw Materials (59-8450.1).

No use shall be permitted within 200 feet of a habitable dwelling, provided that a caretaker's or watchman's house shall be exempt from this restriction.

A restoration plan shall be submitted with the application and shall include the following:

(1)

Final proposed topography of the site after all proposed restoration is completed.

(2)

Proposed depth of topsoil, and a vegetation and landscaping plan.

(3)

A drainage plan showing the direction of all drainage during excavation and after restoration.

No excavation, stockpiling of material, or accessory or incidental use of the mining operation shall be permitted within 70 feet of any property line, street right-of-way line, or drainage or utility easement.

9350.41. Manufactured (Mobile) Home Residential (59-8200.7).

Each use shall comply with the bulk standards of the AA district, unless specifically modified by this section.

There shall be a minimum lot size of five acres per dwelling unit.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

In the R-1 District, neither public water supply nor public sewage treatment shall be available to lots used for Manufactured (Mobile) Home Residential.

In the R-1 District, lots developed for Manufactured (Mobile) Home Residential uses shall conform to the development regulations of the AA District.

9350.42. Manufactured (Mobile) Home Residential: Construction (59-8200.10).

Staff approval, subject to the following conditions for a period of two years depending on the situation.

(1)

A Manufactured (Mobile) Home for temporary dwelling purposes may be granted only if and where a permanent dwelling is being constructed upon the premises.

(2)

In no case shall both the Manufactured (Mobile) Home and the dwelling under construction be occupied.

(3)

The site shall be at least one acre in size.

Only one Manufactured (Mobile) Home shall be allowed accessory to a permanent single-family detached residential structure under construction.

The location of such Manufactured (Mobile) Home shall conform to all lot area, setback, height and off-street parking requirements of the district in which located.

When all required inspections have been made and approved on the permanent dwelling or the building permit for the permanent dwelling or the Manufactured (Mobile) Home expires, is revoked or otherwise terminated, the Manufactured (Mobile) Home shall be removed within 30 days of any of the above events.

9350.43. Manufactured (Mobile) Home Residential: Medical Hardship (59-8200.11).

A special exception may be granted for a period of one, two or three years depending on the situation. When the time period expires, the applicant shall file a new application for a special exception and have the case reviewed. At that time, the Board of Adjustment shall determine if the need that led to the granting of the original special exception is still present, and if there has been any material change of conditions relevant to the granting of the special exception.

Conditions for Approval

(1)

The principal for whom the special exception is requested shall be a relative by blood or marriage, and the extenuating conditions shall not be caused by the applicant.

(2)

The special exception shall not be granted unless medical hardship exists caused by physical condition, such as age or infirmity, or by mental condition of the principal.

Only one manufactured (mobile) home shall be allowed accessory to a permanent single-family detached residential structure.

The location of such manufactured (mobile) home shall conform to all lot area, setback, height and off-street parking requirements of the district in which it is located, and the manufactured (mobile) home shall be located only behind the front wall of the principal dwelling.

The proposed manufactured (mobile) home installation shall meet all City and State Department of Environmental Quality standards and regulations.

The Board of Adjustment may include additional conditions as it considers necessary including, but not limited to, extraordinary setbacks, landscaping and installation of utilities.

The use of the manufactured (mobile) home shall terminate at any time when the hardship that led to the granting of the original special exception ceases.

9350.44. Model Home Accessory Parking Lot (59-8250.9).

The parking lot must be adjacent to a permitted model home. The parking lot must be completely removed when the model home reverts to residential use.

The lot shall be constructed of asphalt millings and consist of either ground up (crushed) asphalt or millings from a milling machine (PR 800-7 or approved equal). The compacted thickness of the "recycled millings" shall be a minimum of four inches thick.

The side and rear of the lot abutting other residences should be screened with a six (6) foot sight-proof fence, which may not extend beyond the front of the model home.

Sidewalks must be installed across both the model home and the parking lot.

A ten-foot landscape strip must be installed between the public sidewalk and parking area, and a five-foot strip along the side and rear of the lot. The lot should be landscaped with trees and shrubs.

No lighting is allowed other than low-voltage landscape fixtures.

9350.45. Moderate Impact Institutional (59-8250.15).

The site shall front, or have direct access to, a street meeting design standards for, at least, a collector street.

No off-street parking or loading space shall be located closer than 20 feet to any lot line abutting a residential district.

Lighted outdoor facilities shall not be located closer than 20 feet to any property line that adjoins a residential use. All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Properties developed and occupied as schools prior to the effective date of this chapter, shall be allowed to continue the use of such property for school purposes and to expand existing facilities without securing a special permit, provided the following conditions are met:

(1)

The property is zoned for residential, office or commercial use and was so designated prior to the effective date of this chapter.

(2)

All expansions or additions to existing facilities shall conform to the development regulations of the applicable zoning district.

(3)

Accessory uses shall be allowed only by grant of special exception or special permit and shall not be exempt from the requirements otherwise placed upon them by this chapter.

(4)

The application shall address: the size of the proposed site, the use anticipated, a description of the operation, and the means to mitigate impacts to surrounding land uses.

9350.46. Reserved.

9350.47. Outdoor Sales and Display, and Outdoor Storage (59-8300.54).

If sight-proof screening is required by this chapter, no Outdoor Sales and Displays, and Outdoor Storage shall be stacked or extend above the required sight-proof screening.

Where vehicles or equipment are permitted to be stored outside while awaiting repair at a use permitted in the district, said parking or storage areas shall be screened from view by a sight-proof fence or a building. No vehicle shall be stored outside for longer than 45 days.

In the C-1 District, the display shall be limited to the private sidewalk in front of the store; and no required parking lot area, public sidewalk or street right-of-way shall be used as a display or sales, area. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of this Subsection C shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the NB District the following restrictions will apply:

(1)

Gasoline sales but subject to the conditions referred to in this section as well as all other applicable codes and ordinances.

(2)

Sales of perishable items such as flowers, fruits, vegetables, and nuts subject to the conditions referred to in this section as well as all other applicable codes and ordinances.

(3)

Sales of prepared food and beverage items whether intended to be consumed on or off-site subject to the conditions referred to in this section as well as all other applicable codes and ordinances.

(4)

Special sales merchandise may be temporarily displayed outdoors for up to 4 times per year and for no longer than six consecutive calendar days.

(5)

Temporary special merchant promotions, authorized by City regulations, may display on public sidewalk for up to four times per year and for no longer than six consecutive calendar days.

In the C-2 District, only permanent outside sales and display areas for retail stores, such as garden centers, are permitted. The sales and display area shall be located behind the front building setback line and screened so that it cannot be seen from any property line. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of the Subsection E shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the C-3 District, only permanent outside sales and display areas for retail stores, such as garden centers, are permitted. The sales and display area shall be located behind the front building setback line and screened so that it cannot be seen from any property line. Special sales merchandise may temporarily be displayed outside provided the display shall be limited to the private sidewalk in front of the store; and no required parking lot area, public sidewalk or street right-of-way shall be used as a display or sales, area. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of the Subsection F shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the C-4 District no required parking lot area shall be used as a display or sales area. No public sidewalk or street right-of-way shall be used for display, except for an approved temporary special merchant promotion authorized by City regulations. No article not being actively offered for sale shall be stored on a temporary or permanent basis outside the confines of an enclosed building. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of the Subsection G shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the CBD District, no article or material shall be kept, stored or displayed outside the confines of the building unless it is so screened by fences, walls, or planting that it cannot be seen from a public street.

In the CH-C District, all uses permitted shall take place within a completely enclosed building except gasoline sales.

In the DBD, DTD-1, and DTD-2 Districts, no article or material shall be kept, stored, sold, or displayed, outside the confines of the building, with the following exceptions:

(1)

In the DTD-1 and DTD-2 Districts, Light Industrial (59-8350.8) uses may be permitted outdoor storage upon approval, and subject to any conditions imposed, through the Special Permit process.

(2)

Sale of merchandise that is accessory and/or non-accessory to the principal use to include Food From Vehicle Sales (as referenced in Chapter 21, Article VIII) and Outdoor Sellers shall be permitted, subject to the following:

(a)

All applicable provisions of Chapter 21 and Chapter 39 of the Oklahoma City Municipal Code shall be met unless modified by this section.

(b)

All temporary materials and structures used for the conduct of sales of merchandise or consumable products, including but not limited to stands, pushcarts, tents, vehicles, signs, and displays shall be removed from the property or stored inside a building when not being used for permitted sales activity.

(c)

Except for sales associated with an approved Revocable Permit, Administrative Revocable Permit, Special Event Permit or Activity Permit, no such sales shall be conducted within the following areas: Beginning at the northeast corner of Hudson Avenue and Dean A. McGee Avenue; thence proceeding north along the east side of Hudson Avenue to the southeast corner of NW 7th Street; thence proceeding east along the south side of NW 7th Street to the center of the north/south alley in Block 16, Oklahoma City Addition located between Robinson Avenue and Broadway Avenue; thence proceeding south along the center of the alleys in Blocks 16, 17, 18 and 19 to the north side of Dean A. McGee Avenue; thence west along the north side of Dean A. McGee Avenue to the northeast corner of Hudson Avenue.

In the DBD, DTD-1, and DTD-2 Districts display of goods and materials not actively offered for sale shall be prohibited.

In the DBD, DTD-1, and DTD-2 Districts, temporary outdoor displays for special sales merchandise that is accessory to the principal use is permitted provided the display shall be limited to the sidewalk in front of the store and is subject to all required permits. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however tires may be display for sale outside the confines of an enclosed building but only within the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of Subsection L. shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the I-1 District, outdoor work, manufacturing, assembly, repair or storage restrictions:

(1)

No required parking lot area shall be used as a display or sales area.

(2)

No public sidewalk or street right-of-way shall be used for outside sales or display, except for an approved temporary special merchant promotion authorized by City regulations.

(3)

No manufacturing, assembly, repair, work activity, or storage shall take place outside the confines of an enclosed building.

(4)

Outside sales and display shall be only material or products actively offered for sale and may remain outside only during the normal working hours of the business. Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of the Subsection M shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

In the I-2 and I-3 Districts, outdoor work areas, sales, display and storage restrictions: Outdoor work areas, sales, display and storage of merchandise and materials are permitted subject to the following regulations:

(1)

No required parking lot area shall be used as a display, sales, storage, or work area.

(2)

No public sidewalk or street right-of-way shall be used, except for an approved temporary special merchant authorized by City regulations.

(3)

All outside activity other than permitted sales may be enclosed by a fence or wall, which is not required to be sightproof, except as provided in the landscape ordinance when abutting a residential district. Said fence or wall may be located on the property line on all sides provided that proper sight triangles are maintained at all street and driveway intersections.

Outdoor Sales and Displays, and Outdoor Storage accessory to the following use units shall not be considered part of the Outdoor Sales and Display, and Outdoor Storage use unit: Automotive and Equipment: Cleaning and Repairs, Light Equipment (59-8300.14), Gasoline Sales, Large: Restricted (59-8300.45), Gasoline Sales, Small: Restricted (59-8300.46), Automotive and Equipment: Automobile Dealerships and Malls (59-8300.18). Provided, the storage and display of tires shall comply with the following additional regulations: (1) Tires shall not be stored outside the confines of an enclosed building; however, tires may be displayed for sale outside the confines of an enclosed building, but only between the hours of 6:00 a.m. and 9:00 p.m. daily; and (2) All premises upon which tires are stored or displayed in violation of the Subsection O shall be brought into compliance with this subsection within six months of the effective date of this ordinance.

9350.48. Participant Recreation and Entertainment: Indoor (59-8300.55).

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

All facilities shall be designed as an integral part of an entire shopping center project, and shall be completely enclosed or confined by permanent buildings, not including fences.

9350.49. Participant Recreation and Entertainment: Outdoor (59-8300.56).

Land area should be sufficient so that noise generated shall not exceed limits imposed by City noise ordinances.

Lights shall be located no closer than 20 feet to any property line that adjoins a residential district or use. All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

The City Council may include additional conditions it considers necessary including, but not limited to, extraordinary setbacks, landscaping and installation of utilities.

9350.50. Personal Storage (59-8300.60).

The site shall front, or have access to, a street meeting minimum design standards for, at least, a collector street.

No wholesale or retail sales shall be permitted from the personal storage units.

No outside storage shall be permitted.

Lights shall not be located closer than 20 feet to any property line that adjoins a residential district or use. All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

No maintenance, repair or mechanical work shall be permitted.

A single living quarters for caretakers and/or security personnel is permitted.

9350.51. Railroad Facilities: Refuse, Biomedical Waste and Hazardous Waste (59-8400.1).

The site shall be at least five acres in size.

No site shall be permitted within 1,500 feet of a residential, office or commercial zoning district.

There shall be no activity, use, storage or building within 100 feet from any lot line of the site.

A chain-link fence or wall not less than eight feet in height, as measured from finished grade, shall be provided around the site. Signs no less than four square feet in area shall be posted along the exterior of the fence at 200-foot intervals warning of the potential hazard. No material shall be stored outside of an enclosed building in such a manner that it exceeds the height of the fence.

No site shall be located within 1,500 feet from a designated floodway or reservoir. Run-off from the site must be processed through a detention facility approved by the City Engineer.

All buildings and structures accessory to the operation shall comply with all applicable codes of the City.

Access shall be restricted by a locked gate at all times when the site is not in operation. Notice shall be posted that only authorized personnel are allowed on the site.

All access shall be by a hard-surface access road(s).

Street access must be from a street classified as an industrial collector, arterial, expressway or freeway.

Off-street parking or loading spaces shall be a minimum of 100 feet from any lot line.

No site shall be permitted on property designated for environmental conservation by the Comprehensive Plan.

If necessary to protect the general public and the use of neighboring property from potential loss of use or decrease in land value, the City Council may require additional sight-proof screening and landscaping according to standards contained in Article XI, Landscaping and Screening Regulations, of this chapter.

9350.51.1. Rainwater Harvesting (59-8150.7.1).

Any home garden, community garden, roof garden, or urban farm may include equipment for the collection of rainwater to be used as a supplemental watering system, provided that the rainwater collection system conforms to the following provisions:

(1)

Rainwater shall be stored in such a way as to prevent the infestation of insects and other pests through the following means:

(a)

Systems shall be securely covered.

(b)

All inlets and points where standing water could be exposed to the outside shall contain screens with a pore size of one mm or less.

(2)

Discharge water shall not discharge directly to a street, alley or other public way, and shall not create an icy condition on any sidewalk, street, parking area, or other paved surface.

(3)

Above ground storage containers shall not be allowed in front of the front building wall of the primary structure and shall not be visible from the public way, with the following exception:

(a)

Rainwater storage containers less than 85 gallons with a maximum of two containers per structure.

9350.52. Residential Facilities for Dependent and Neglected Children (59-8250.17).

Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: Domestic Violence Shelters (59-8250.6), Emergency Shelters and Feeding Sites (59-8250.7), Forced Detention or Correction Facilities (59-8250.8), other Residential Facilities for Dependent and Neglected Children (59-8250.17), Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and Transitional Mental Health Residential Facilities (59-8250.19). Staff shall provide the appropriate data and information to aid in the deliberations of the Planning Commission and City Council.

The inordinate concentration of these use units is discouraged and locations dispersed throughout the community are promoted. The City Council shall determine whether an inordinate concentration of these uses would result from establishment of an additional such use in the particular area. In determining whether an inordinate concentration would result in a negative impact to the surrounding community from approval of a particular application, the City Council shall consider all facts and circumstances relating to the application and areas surrounding the proposed site including, but not limited to, the differences or similarities in existing uses among these use units and the compatibility or incompatibility of such uses in the particular area.

9350.53. Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18).

The Planning Department Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: Domestic Violence Shelters (59-8250.6), Emergency Shelters and Feeding Sites (59-8250.7), Forced Detention or Correction Facilities (59-8250.8), Residential Facilities for Dependent and Neglected Children (59-8250.17), other Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and Transitional Mental Health Residential Facilities (8250.19). The Planning Department Staff shall provide the appropriate data and information to aid in the deliberations of the Planning Commission and City Council.

9350.54. Retail Sales and Services: General (59-8300.63).

Conditions for Approval in the O-2 District: 100,000 or More Square Feet Gross Floor Area in Total Complex.

(1)

Each use shall comply with all standards and provisions of the O-2 District, unless specifically modified by this section.

(2)

(3)

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

9350.55. Retail Sales and Services: Outdoor Swap Meets (59-8300.64).

Applies only to outdoor sales activity.

Land area shall be sufficient to provide for safe ingress and egress, adequate off-street parking and proper separation from adjacent land uses.

9350.56. Retail Sales and Services: Pawn Shops (59-8300.65). Within the NB District, Pawn Shops shall be limited to one within a radius of 1,000 feet when measured from the proposed pawn shop to the existing building or space containing a pawn shop.

9350.56.1. Roof Garden (59-8150.7.2).

Hydroponic/aquaponic activities within a roof garden must be managed to prevent infestation of insects and other pests.

A roof garden shall be free of rank weeds as defined in Chapter 35 (Nuisances).

9350.57. Sanitary Landfills (59-8350.12).

The site shall be at least ten acres in sizes.

No activity area shall be permitted within 1,500 feet of permanently or temporarily occupied dwellings.

A chain-link fence or wall not less than eight feet in height, as measured from finished grade, shall be provided around the use.

Access shall be through a locked gate.

No sanitary landfill shall be located within 150 feet of any highway, drainage canal, lake, stream, navigable waterway, regulatory floodway or property line.

All buildings and structures accessory to the operation shall comply with all applicable codes of the City.

The entrance of the facility shall have an all-weather access road.

Access shall be through a gate that can be locked at all times and that carries official notice that only authorized persons are allowed on the site.

No residentially developed street shall be used for access.

A restoration plan shall be submitted with the application and shall include the following:

(1)

Final proposed topography of the site after all proposed restoration is completed.

(2)

Proposed depth of topsoil and a vegetation and landscaping plan.

(3)

A drainage plan showing the direction of all drainage after restoration.

9350.58. Scrap Operations (59-8350.13).

The site shall be at least two acres in size.

Outdoor Storage (59-8300.54) accessory to scrap operations shall only be permitted in the I-3 District.

A chain-link fence or wall not less than eight feet in height, as measured from finished grade, shall be provided around the use. No scrap or waste material shall be stored in such a manner that it exceeds the height of the fence.

In addition to screening requirements in Article XI, Landscaping and Screening Regulations, of this chapter, sight-proof screening shall be erected along all arterial streets, expressways and freeways, unless it is determined by the City Council that the nature of adjacent land uses makes this requirement unnecessary.

All outdoor storage areas for automobile, truck, boat and recreational vehicle salvage yards shall be on a permanent hard-surfaced area meeting the design requirements of Article X, Off-Street Parking, Loading and Access, of this chapter.

9350.59. Reserved.

9350.60. Spectator Sports and Entertainment: General (59-8300.67).

Conditions for Approval in the C-2 District.

(1)

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

(2)

All facilities shall be designed as an integral part of an entire shopping center project, and shall be completely enclosed or confined by permanent buildings, not to include fences.

9350.61. Spectator Sports and Entertainment: High Impact (59-8300.68).

The site shall be of sufficient size to accommodate the required activities and provide for minimum impact on adjacent properties.

The design shall include noise buffering techniques, such as earthen berms, vegetation or other acceptable methods.

Outdoor high intensity lighting shall be no closer than 100 feet from the property line and shall meet the lighting criteria of the Oklahoma City Municipal Code, 2020, as amended.

There shall be at least two access points to a street meeting minimum design standards for an arterial street.

9350.62. Stockyards (59-8350.14).

The site shall be at least five acres in size.

The applicant shall submit a plan of existing or proposed water and waste disposal facilities to show that the proposed use will meet all local, State and Federal requirements.

No such use shall be permitted within one-half mile of an R-1, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH- 2, HL or HP District.

9350.63. Transitional Mental Health Residential Facilities (59-8250.19).

program and their general duties, the type of supervision that will be provided for the participants in the program, the means to mitigate any impact upon the surrounding land uses from the operation of the program, and the behavior of the participants in the program.

Staff in its report to the Planning Commission and the City Council shall identify other uses in the following use units within one mile of the proposed facility: Domestic Violence Shelters (59-8250.6), Emergency Shelters and Feeding Sites (59-8250.7), Forced Detention or Correction Facilities (59-8250.8), Residential Facilities for Dependent and Neglected Children (59-8250.17), Residential Facilities for Drug or Alcohol Treatment Centers (59-8250.18), and other Transitional Mental Health Residential Facilities (59-8250.19). Staff shall provide the appropriate data and information to aid in the deliberations of the Planning Commission and City Council.

9350.64. Transportation Facilities: Aircraft (59-8400.2).

Before the Planning Department accepts an application for special permit, the applicant must have received qualified approval for license from the Department of Airports and present a letter showing such qualified approval when filing an application for special permit.

A site plan showing the following shall be filed by the applicant:

(1)

Description of property.

(2)

Intended size, layout and specifications of all improvements.

(3)

Surrounding land use.

An operation plan shall be submitted which shall include:

(1)

Proposed uses of facility, types of operation and hours of operation.

(2)

Routes of approach and departure.

(3)

Designated emergency landing areas.

(4)

Description of the relationship of the facility to establish airports, helistops and heliports.

(5)

Expansion plans.

(6)

Methods of mitigating the effects on noise, lighting and pollution.

Miscellaneous requirements:

(1)

A statement on public need for the facility.

(2)

Structure report by a registered engineer, if the proposed site is on a rooftop.

Improvement of the site shall be in conformance with the development regulations of the zoning district in which it is located.

The site shall conform to all requirements established by local, state and federal regulatory agencies for aviation activities.

All helicopter landing pads at ground level shall have controlled access to protect people on the ground.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

9350.65. Transportation Facilities: Surface Passenger (59-8400.3).

Improvement of the site shall be in conformance with the development regulations of the zoning district in which it is located.

In any zoning district, other than I-2 and I-3 Districts, all maintenance, repair, mechanical work and storage shall be performed in enclosed buildings.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

A transportation facility located adjacent to an AA, R-A, R-1, R-2, R-3, R-3M, R-4M, R-4, R-MH-1, R-MH-2, HL or HP District shall be screened in accordance with the provisions of Article XI, Landscaping and Screening Regulations, of this chapter.

Off-street parking or loading spaces shall be located a minimum of 20 feet from any lot line abutting a residential district.

9350.66. Underground Injection Wells: Disposal Wells (59-8450.3).

The injection well shall have the approval and authorization of the Oklahoma Corporation Commission.

With respect to the injection well, copies of all filings made pursuant to the application and reporting under Oklahoma Corporation Commission rules shall be supplied to the Public Works Director.

The injection well application shall be submitted to the Public Works Director and the State Department of Environmental Quality for review.

The Board of Adjustment may impose such additional requirements, as it deems necessary in the public interest including, but

not limited to, restrictions on the hours or manner of operation and requiring the site be fenced, screened and landscaped.

Operation of the injection well shall be done in compliance with Oklahoma Corporation Commission rules.

In accordance with the Safe Drinking Water Act of 1974, as amended, the well shall be sited, tested at least every five years, and maintained so as to protect the underground sources of drinking water, as defined by the Safe Drinking Water Act.

9350.67. Underground Injection Wells: Enhanced Recovery Wells (59-8450.4).

The injection well shall have the approval and authorization of the Oklahoma Corporation Commission.

Copies of all filings made pursuant to application and reporting under Oklahoma Corporation Commission rules with respect to the injection well shall be supplied to the Planning Director.

The injection well application shall be submitted to the Public Works Director and the State Department of Environmental Quality for review.

The Board of Adjustment may impose such additional requirements as it deems necessary in the public interest including, but not limited to, restrictions on the hours or manner of operation and requiring the site be fenced, screened and landscaped.

Operation of the injection well shall be done in compliance with Oklahoma Corporation Commission rules.

In accordance with the Safe Drinking Water Act of 1974, as amended, the well shall be sited, tested at least every five years and maintained so as to protect the underground sources of drinking water as defined by the Safe Drinking Water Act.

The Board of Adjustment may require that all fluids to be injected shall be transported by underground pipeline to the injection well site.

A mechanical integrity test of all pipelines, valves and associated fittings shall be performed annually by the operator of the injection facility.

9350.67.1. Urban Farm (59-8150.9).

Activities and appurtenances may include greenhouses, hoop houses, cold frames, sheds or other small structures for the keeping of tools and equipment, composting, hydroponics/aquaponics, rainwater harvesting and office space for employees. Above-ground appurtenances are subject to the setback, lot coverage, and height requirements of the underlying zoning district.

Hydroponic/aquaponic activities within an urban farm must be managed to prevent infestation of insects and other pests.

An urban farm shall be free of rank weeds as defined in Chapter 35 (Nuisances).

9350.68. Wholesaling, Storage and Distribution: Restricted.

When located in the Stockyards City Development District (§ 59-7350) or the Stockyards City Transitional Development Overlay District (§ 59-13550), buildings shall not be located on lots fronting S. Agnew Avenue, SW 15th Street, or Exchange Avenue. Exterior cladding shall be brick.

(Ord. No. 23546, § 2, 2-12-08; Ord. No. 23755, § 6, 12-2-08; Ord. No. 24009, § 7, 2-2-10; Ord. No. 24037, § 1, 3-23-10; Ord. No. 24103, § 1, 7-20-10; Ord. No. 24291, § 4, 6-21-11; Ord. No. 24574, § 3, 12-4-12; Ord. No. 24609, § 6, 2-19-13; Ord. No. 24726, § 6, 8-13-13; Ord. No. 24,783, § 1, 11-19-13; Ord. No. 24783, § 1, 11-19-13; Ord. No. 24804, § 4, 12-31-13; Ord. No. 24925, § 1, 7-29-14; Ord. No. 25434, § 5, 8-16-16; Ord. No. 25972, § 6, 7-31-18; Ord. No. 26081, § 5, 1-15-19; Ord. No. 26434, § 2, 4-28-20; Ord. No. 26832, § 2, 8-31-21; Ord. No. 26967, § 3, 2-1-22; Ord. No. 27526, § 6, 2-13-24, eff. 3-15-24; Ord. No. 27649, § 4, 7-30-24; Ord. No. 27743, § 5, 12-17-24; Ord. No. 27847, § 5, 5-20-25)