This title and all amendments thereof shall be known and may be cited as the CITY OF OKMULGEE ZONING CODE. (Ord. 1953, 2010)

This zoning code is enacted for the purposes of:

   A.   Promoting the health, safety, peace, morals, comfort, convenience, prosperity, order, and general welfare;

   B.   Reducing the congestion of public streets;

   C.   Reducing the risk from fire and other dangers;

   D.   Preventing the overcrowding of land, and the undue concentration of population;

   E.   Providing adequate light and air, transportation, water, sewerage, parks, and other public improvements and preventing undue encroachment thereon;

   F.   Conserving the value of buildings and encouraging the most appropriate use of land;

   G.   Encouraging the appropriate use of agricultural, residential, office, commercial, and industrial growth of the community; and

   H.   Promoting the development of the community in accordance with the Okmulgee comprehensive plan. (Ord. 1953, 2010)

   A.   Validity Of Other Laws And Ordinances: Where this zoning code imposes a lesser restriction upon the use of structures or land or upon height or bulk of structures, or requires more open space or yards than are imposed by other ordinances, laws or regulations, the provisions of this zoning code shall not be construed to prevent the enforcement of other ordinances, laws or regulations which prescribe more restrictive limitations.

   B.   Severability: Should a court having jurisdiction adjudge any portion of this zoning code invalid or unconstitutional, the remainder of this zoning code shall remain in full force and effect.

   C.   Tense And Definition: For the purpose of this zoning code certain terms and words are to be used and interpreted as defined in this title; words used in the present tense shall include the future tense; words in the singular shall include the plural and words in the plural shall include the singular, except where the natural construction of the writing indicates otherwise. The words "shall" and "will" are mandatory. (Ord. 1953, 2010)

This zoning code shall be in full force and effect and shall apply to all lands within the incorporated limits of the city of Okmulgee, Oklahoma. Real estate property owned, leased or operated by the city of Okmulgee, Oklahoma, or any other public or governmental body or agency, shall be subject to the terms of this zoning code, unless expressly preempted by applicable statute or judicial decision. (Ord. 1953, 2010)

When any territory shall be brought into the zoning jurisdiction of the city of Okmulgee, Oklahoma, by annexation or otherwise, unplatted land shall be zoned at the time of annexation as agricultural. When any territory shall be brought into the zoning jurisdiction of the city of Okmulgee, Oklahoma, by annexation or otherwise, platted land shall be zoned at the time of annexation as the least dense use category that allows any existing use or existing and vacant lots to be conforming; in the event that the use and the lot size cannot both be accommodated, the existing primary use shall be controlling. Provided further, that if county zoning has been granted within five (5) years prior to annexation, such territory may be allowed to retain the most nearly comparable municipal zoning status as it may have had under the county, even if the land is unused or unplatted. This provision shall not operate to preclude subsequent zoning of such property by amendment in the manner set forth hereafter. (Ord. 1953, 2010)