Various land uses have common themes and common problems which allow them to be grouped together into conceptual sets, called use units. Since no list of land uses can be exhaustive, particularly as projected into the future, it is the intent that these use units shall include not only the uses expressly named, but also closely associated uses that may not have been anticipated by the city of Okmulgee at the time of the adoption of this zoning code. In the event of any controversy, it is to be presumed that the community development staff will assign new uses, with any challenge to that assignment to be appealed to the city council if a written appeal is filed within ten (10) days of the written opinion of the staff. (Ord. 1953, 2010)

   A.   Description: Area wide uses by right shall include certain public uses, agricultural uses, open land uses, and similar land uses, and similar uses which are either subject to other public controls or which do not have adverse effects on other land uses.

   B.   Included uses:

         Open land uses such as: arboretum, flood management project, reservoir, wildlife preserve.

         Passive agricultural uses such as: cultivation, forestry, grazing, planting.

         Public assembly uses such as places of worship, places of religious retreat such as monasteries and convents, open air recreational facilities that involve pedestrians or vehicles powered only by human or animal effort or by electricity, such as golf courses, skateparks, and bicycle courses.

         Public uses such as: schools, publicly owned facilities and structures, storm alarm, fire alarm, historical marker, thoroughfare, utility line, parks, and temporary construction facilities.

   C.   Use conditions:

      1.   Places of worship when located within an AG or R district:

         a.   Minimum lot area of one acre and minimum lot width of one hundred feet (100').

         b.   The principal vehicular entrance on a major street.

      2.   Schools:

         a.   High schools shall have their principal vehicular entrance and exit on a major street.

         b.   A minimum site area of one acre shall apply.

      3.   College, university, convent, cultural facilities, hospital, library, monastery, novitiate, etc.:

         a.   Minimum site area of one acre shall apply.

         b.   A minimum lot width of one hundred feet (100').

         c.   The principal vehicular access shall be on a major street.

      4.   Parking shall not be allowed on any arterial or collector street. (Ord. 1953, 2010)

   A.   Description: Uses that in some instances may be suitable for location in any use district, but because of their potential adverse influence on adjacent properties, require site review and are, therefore, permitted in all use districts as a special use requiring Planning Commission approval.

   B.   Included Uses: Adult detention center, airport, heliport, bus station, cemetery, correctional community treatment center, crematory, governmental services (NEC), hydroelectric generation plant, jail, kennels, Post Office, prison, sanitary landfill, juvenile delinquency center, shooting range, recreational uses involving gas or diesel powered engines, and temporary office structures not otherwise allowed by Building and Zoning Codes. Provided that bus stations and Post Offices must have their principal vehicular access on a major street.

   C.   Use Conditions:

      1.   Temporary Or Premanufactured Nonresidential Structures: Temporary or premanufactured nonresidential structures, where permitted by special use shall:

         a.   Be constructed to Federal manufacture, home construction and safety standards and bearing a HUD label red in color identifying the home as "manufactured home" or otherwise meet the current code.

         b.   That such a temporary or premanufactured nonresidential structure shall require a building permit before placement on the site.

   D.   Off Street Parking And Loading:

 

 

   E.   Other Uses: As may be required by the Planning Commission in granting the special use.

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Agricultural uses and services and certain other uses suitable for location in an agricultural environment.

   B.   Included uses: Animal and poultry raising, chick hatchery, dairy farming, farming, fishery, guest ranch or dude ranch, riding stables, forestry, horticultural nursery, wind or solar farming, and ranching.

   C.   Use conditions:

      1.   Horticultural nursery permits the growing of plant stocks. Retail sales may only occur if the access must be from an arterial street and adequate on site parking is available.

      2.   Licensed commercial growers of medical marijuana are subject to the following:

         a.   All growing operations shall be conducted within an enclosed building.

         b.   A security/business plan shall be submitted for consideration with information on security screening, scope of growing operation, projected water use, and protected transfer points for transportation of product.

   D.   Off street parking and loading requirements: None. (Ord. 2125, 2019: Ord. 1953, 2010)

   A.   Description: Public protection and utility facilities that may have technical location requirements necessitating specific locations in or around area services, and certain temporary open air land uses which can be objectionable to certain other uses and are, therefore, permitted in certain districts by special use and in the remaining districts by right.

   B.   Included uses: Ambulance service, antenna supporting structures, electric regulation station (excluding storage or service garages and yards), fire protection facility, police station, pressure control station (gas or liquid, excluding storage or service garages and yards), shelter (civil defense or storm), transmitting tower, water storage facility (NEC), water treatment facility, public park, sewage disposal facility, temporary open air facilities such as carnival, Christmas tree sales, circus, and tent meetings.

   C.   Use conditions: Temporary, open air facilities may continue for a period not to exceed sixty (60) days per each application for special use approved by the planning commission.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Community services, cultural, educational, recreational and religious facilities and certain residential facilities which are needed in residential areas to serve the residents or need a residential environment, but which may be objectionable to nearby residential uses. These uses are permitted by special use in some districts, by right in some districts, and prohibited in other districts.

   B.   Included uses: Aquarium, art gallery (not operated for profit), children's nursery, college, community center, cultural facility (NEC), day camp, emergency and protective shelter, hospital, library, marina, museum, planetarium, residential treatment center, private club or lodge (the chief activity which is a service and is not operated as a business or for profit, and which hold and maintain an income tax exempt status [includes charitable, eleemosynary, educational and recreational establishments]), transitional living center and university.

   C.   Use conditions:

      1.   Residential Treatments Center, Transitional Living Center, Emergency Or Protective Shelter: To avoid clustering, a residential treatment center, transitional, or emergency or protective shelter shall not be located on a lot within one- fourth (1/4) mile (1,320 feet) from any other lot containing such facilities or any lot containing a neighborhood group home, community group home, detention/correctional facility.

   D.   Off street parking and loading requirements:

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Single-family detached dwelling and similar uses.

   B.   Included uses: Single-family detached dwelling, family daycare homes and foster home.

   C.   Use conditions: A single-family detached dwelling, family daycare homes and foster home shall:

      1.   Be affixed to a "permanent foundation" as defined herein.

      2.   Utilize "customary residential exterior finishing materials" as defined herein.

      3.   Have a core area of living space at least eight hundred (800) square feet, exclusive of an attached garage.

      4.   Meet all other city building codes and ordinances at the time of construction or repair.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Duplex dwelling.

   B.   Included uses: Duplex (two-family) dwelling.

   C.   Use conditions: In the RD districts, duplex use shall comply with the height and yard requirements for single-family requirements for single-family use and in addition shall comply with the following requirements:

   A.   Description: Multi-family dwellings and similar uses.

   B.   Included uses: Apartment, community group home, elderly retirement housing, fraternity or sorority houses, life care retirement center, multi-family dwelling, nursing home, rooming/boarding house, and townhouse.

   C.   Use conditions:

      1.   Fraternity, Sorority, Rooming/Boarding House: In the determination of the applicable bulk and area requirements, a fraternity, sorority, or rooming/boarding house shall be considered a multi-family dwelling, with each six hundred (600) square feet of floor area constituting a one bedroom dwelling unit.

      2.   Group Facility: Community group home, life care retirement center, and nursing home shall have a maximum floor area ratio of 0.5.

      3.   Life Care Retirement Center: The nursing facility or medical facility must be licensed by the state of Oklahoma health department as an intermediate care facility or as a skilled nursing home.

      4.   Screening Requirements: The uses included in use unit 8, when located on a lot abutting an RE, RS, or RD district, shall be screened from the abutting RE, RS, and RD district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with these R districts.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: A manufactured home dwelling, excluding any type or form of recreational vehicle.

   B.   Included uses: Manufactured home dwelling, not including recreational vehicles (RV).

   C.   Use conditions:

      1.   Screening Requirement: The manufactured home dwelling when located within an RMH district and located on a lot which is abutting an RE, RS, or RD district shall be screened from the abutting RE, RS, or RD district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the RE, RS or RD district.

      2.   Temporary Use Of Mobile Homes: Manufactured home dwellings may be used in other residential zoning districts if there is a medical necessity for the care of a member of the family in the following circumstances:

         a.   The use shall comply with the lot area requirements for a single-family dwelling located within the district.

         b.   The manufactured home dwelling use shall not exceed a period of one year from the date of granting the special use; however, the Planning Commission may, as a special use, extend the one year limit if properly advertised for said relief, and if the medical necessity has continued beyond one year.

         c.   Not more than one manufactured home dwelling may be located on a lot, and must be on the same lot as the principal dwelling.

         d.   The application for a special use must be accompanied by a written signed and notarized agreement of the applicant to remove the manufactured home within one year from the date of granting of the special use.

         e.   The applicant shall, within ten (10) days from the granting of the special use post with the City Clerk of the City of Okmulgee, a cash bond or surety bond payable to the order of the City of Okmulgee in the amount of one thousand five hundred dollars ($1,500.00) to defray removal cost in the event the applicant fails to remove the manufactured home at the end of one year from the date of granting of the special use. (Ord. 1953, 2010)

   A.   Description: Off street parking areas which are principal uses.

   B.   Included uses: Off street parking areas.

   C.   Use conditions: Off street parking areas shall conform to the design, lighting and improvement requirements for off street parking contained in chapter 12 of this title.

   D.   Off street parking and loading requirements: Not applicable. (Ord. 1953, 2010)

   A.   Description: Offices, studios, medical and dental laboratories, and certain other compatible or supporting services.

   B.   Included uses: Including, but not limited to: abstract company, advertising agency, artist's studio, broadcasting or recording studio, computing service, copying service, data processing service, drafting service, dental clinic and laboratory, employment agency, financial institution (other than pawnshop), funeral home, interior design consultant (no retail sales), medical, chiropractic and dental offices, clinics, and laboratories, optician or optical offices laboratories, photography studio, prescription pharmacy (provided that no sundry or other merchandise is sold or offered for sale), studio or school for teaching ballet, dance, drama, fine arts, music, language, business, or modeling, transportation ticket office, travel agency, and small animal veterinary office (excluding exterior boarding services).

   C.   Use conditions:

      1.   The uses included in Use Unit 11, when located on a lot which is abutting an R District shall be screened from the abutting R District by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R District.

      2.   Medical marijuana dispensaries are subject to the following conditions:

         a.   Located in CS or CG Districts.

         b.   A security plan shall be submitted with the application for a Certificate of Occupancy.

         c.   Located beyond a one thousand foot (1,000') boundary of any educational building that is used regularly as a location for the education of students.

         d.   Shall not include signage that is designed to be attractive to minors.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 2125, 2019: Ord. 1953, 2010)

   A.   Description: Eating establishments, including carryout eating establishments, except drive-in restaurants permitting in car consumption of food or drink.

   B.   Included uses: Cafeteria, coffee shop, delicatessen, restaurant, and other similar eating establishments. An accessory use bar which is customarily incidental and subordinate to a principal use restaurant is included in this use unit.

   C.   Use conditions: The uses included in use unit 12 shall take place within a completely enclosed building, except outdoor customer seating is permitted, whether uncovered or covered by a tent or canopy, provided:

      1.   The outdoor customer seating area shall abut the building wall of the business, but extend no closer to the street than the building setback requirements;

      2.   The outdoor customer seating area shall not occupy or use required parking spaces or access aisles;

      3.   The outdoor customer seating area exceeding ten percent (10%) of the indoor building floor area of the principal use shall be considered floor area for purposes of determining off street parking and loading requirements as set forth herein;

      4.   Noise from any outdoor entertainment activity shall not be audible from any adjoining residential district; and

      5.   The uses included in use unit 12, when located within a district other than a residential district and located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening fence or wall along the lot lines in common with the residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria.

   E.   Other requirements:

      1.   Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair or service vehicles, and those vehicles driven in the ordinary course of the principal user's business.

      2.   Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (11/2) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty two (32) square feet that direct attention to the business, service, commodity or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special use by the planning commission. (Ord. 1953, 2010)

   A.   Description: Businesses which cater primarily to adults twenty one (21) years of age and above and: 1) which sell and serve alcoholic beverages on the premises and 2) all sexually oriented businesses.

   B.   Included uses: Bar/tavern, beer bar, billiard parlor/pool hall, nightclub, private club, and sexually oriented business.

   C.   Use conditions:

      1.   The uses included in use unit 13, when located within a district other than a residential district and located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening fence or wall along the lot lines in common with the residential district.

      2.   Sexually oriented businesses shall meet the conditions set forth in section 17.06.060 of this title.

      3.   The uses included in use unit 13 shall take place within a completely enclosed building, except outdoor customer seating is permitted, whether uncovered or covered by a tent or canopy, provided:

         a.   The outdoor customer seating area shall abut the building wall of the business, but extend no closer to the street than the building setback requirements;

         b.   The outdoor customer seating area shall not occupy or use required parking spaces or access aisles;

         c.   The outdoor customer seating area exceeding ten percent (10%) of the indoor building floor area of the principal use shall be considered floor area for purposes of determining off street parking and loading requirements as set forth herein; and

         d.   Noise from any outdoor entertainment activity shall not be audible from any adjoining residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Retail trade and service establishments that are desirable conveniences in certain residential and office districts. Use unit 14 is established to permit the location of convenience goods and services in certain environments in which commercial facilities of a higher use intensity would be objectionable.

   B.   Included uses:

      Retail trade establishments including: drugstore, florist, bakery, candy and confectionery and/or nut store, dairy product store, food specialty store, grocery, health food store, ice cream store, gift, novelty or souvenir shop, liquor store, newsstand, and tobacco store.

      Service establishments including: barbershop, beauty shop and salon, dry cleaning and pick up, and laundry and pick up.

   C.   Use conditions:

      1.   The uses included in use unit 14, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

      2.   The uses included in use unit 14, when located within a district other than a commercial district and located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening fence or wall along the lot lines in common with the residential district.

      3.   The uses included in use unit 14 shall take place within a completely enclosed building, except outdoor customer seating is permitted and accessory outdoor display of merchandise is permitted, whether uncovered or covered by a tent or canopy, provided:

         a.   The outdoor customer seating area shall abut the building wall of the business, but extend no closer to the street than the building setback requirements;

         b.   The outdoor customer seating area or outdoor display area shall not occupy or use required parking spaces or access aisles;

         c.   The outdoor display area shall extend no closer to the street than the building setback line;

         d.   The outdoor display area shall be considered floor area for the purposes of determining off street parking and loading requirements as set forth herein;

         e.   The outdoor customer seating area exceeding ten percent (10%) of the indoor building floor area of the principal use shall be considered floor area for purposes of determining off street parking and loading requirements as set forth herein; and

         f.   In the CS shopping center district there shall be no open air storage or display of merchandise offered for sale within three hundred feet (300') from an abutting residential district.

      4.   The uses included in unit 14 located within the central business district (CBD) shall take place within a completely enclosed building, excepting outdoor customer seating and assessor outdoor display which is permitted on city sidewalks provided:

         a.   A minimum of five feet (5') (60 inches) measured from the edge of the curb shall be maintained as an "aisle of access", unless more is required at the discretion of the fire marshal or building inspector.

         b.   All monetary transactions for merchandise must occur on or within business property and off city right of way (excepting special events permitted by the city of Okmulgee).

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria.

   E.   Other requirements:

      1.   Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair and service vehicles, and those vehicles driven in the ordinary course of the principal use's business.

      2.   Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (11/2) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty two (32) square feet that direct attention to a business, service, commodity, or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special use by the planning commission. (Ord. 2067, 2015: Ord. 1953, 2010)

   A.   Description: Retail establishments engaged in the merchandising of shopping goods and services.

   B.   Included uses:

         Retail building materials establishments including building materials, electrical supply and plumbing fixtures.

         Retail trade establishments including art gallery (commercial), antique shop, artist supply store, automobile parts and accessories store, bicycle shop, bookstore, business and office machines sales establishment, camera and photographic supply store, clothing and accessories store, computer store, cosmetic store, department store, dressmaking shop, dry goods store, fur storage and/or sales, furriers, garden supply store, hardware store, hobby shop, home furnishings store (selling appliances, china, curtains, draperies, floor coverings, furniture, glassware, metalwork, and upholstery), jewelry store, leather goods and luggage store, medical, dental and orthopedic appliances and supply store, musical instrument and supply store, office furnishing establishment, office supplies store, paint store, pawnshop, pet store, phonograph, record and CD shop, radio, television and video equipment shop, reducing salon, shoe repair shop, shoe store, sporting goods store, stationery store, tailor shop, tanning salon, toy store, variety store, wallpaper store and wig shop.

         Service establishments including caterer, costume rental service, gunsmith, household appliance repair, interior decorating with retail sales, self-service laundromat (coin and bill operated), locksmith, photofinishing, picture framing, radio, television and video repair, veterinarian clinic (excluding outside animal runs), and watch and jewelry repair.

   C.   Use conditions:

      1.   The uses included in use unit 15, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

      2.   The uses included in use unit 15 shall take place within a completely enclosed building, except accessory outdoor display of merchandise is permitted, whether uncovered or covered by a tent or canopy, provided:

         a.   The outdoor display area shall extend no closer to the street than the building setback line.

         b.   The outdoor display area shall not occupy or use required parking spaces or access aisles.

         c.   That such outdoor display area shall be considered floor area for the purposes of determining off street parking and loading requirements as set forth herein.

         d.   In the CS shopping center district there shall be no open air storage or overnight display of merchandise offered for sale within three hundred feet (300') from an abutting residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 17.12 of this title for required minimum dimension and design criteria.

   E.   Other requirements:

      1.   Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair and service vehicles, and those vehicles driven in the ordinary course of the principal use's business.

      2.   Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (11/2) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty two (32) square feet that direct attention to a business, service, commodity, or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special use by the planning commission. (Ord. 2013, 2013: Ord. 1953, 2010)

   A.   Description: Trade establishments primarily providing business and household maintenance goods and services ordinarily not found in the primary retail districts because of differing market and site requirements.

   B.   Included uses:

         Business and other services including armored car service and dry cleaning/laundry.

         Contract construction service including air conditioning, carpentry, decorating, electrical, furnace cleaning, landscaping, painting, plumbing, paperhanging, plastering, plumbing, sign painting, and tile setting.

         Personal services including auctioneer, bindery, cabinetmaker, frozen food locker, linen supply and industrial laundry, packing and crating of household and similar goods, rug cleaning, taxidermist and woodworking.

         Repair services including armature rewinding service, business machine repair, computer repair, data processing machine repair, electrical repair, furniture, household appliances, mattresses and pillows, reupholstery, and rug repair.

         Schools including barber, beauty, and trade.

         Service establishments including building services, disinfecting and exterminating services, janitorial services, and window cleaning.

         Trade establishments, including incidental fabricating, processing, installation and repairs including air conditioning and heating, bait shops, wholesale bakery, bottled gas, carpeting, fence, fuel oil, general merchandising establishment (NEC), glass, greenhouse (retail sales), heating equipment, ice plant, lumberyard, model homes (for display only), monument (excluding shaping), plastics materials shop, portable storage buildings sales, printing and publishing, reproduction services and vending machine sales and services.

   C.   Use conditions: The uses included in use unit 16, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Establishments engaged in the retail sale of gasoline, lubricants, tires, batteries, and automobile accessories, and performing minor repair, installation and maintenance services.

   B.   Included uses: Gasoline service station, oil and lubrication service, vehicle wash, and tune up service.

   C.   Use conditions:

      1.   The uses included in use unit 17, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

      2.   Within the commercial shopping district there shall be no open air storage or display of merchandise within three hundred feet (300') of an adjoining residential district.

   D.   Off street parking and loading requirements: Two (2) spaces plus two (2) spaces per service bay. See chapter 12 of this title for required minimum dimension and design criteria.

   E.   Other requirements:

      1.   Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair and service vehicles, and those vehicles driven in the ordinary course of the principal use's business.

      2.   Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (11/2) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty two (32) square feet that direct attention to a business, service, commodity, or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special use by the planning commission. (Ord. 1953, 2010)

   A.   Description: Automotive and allied services and activities.

   B.   Included uses:

         Sales (new and used) including aircraft sales, agricultural equipment and implement sales, automobile sales, boat sales, campers sales, manufactured home sales, motorcycle sales, recreational vehicle (RV) sales, and truck sales.

         Services including automobile rental, ministorage and self- storage facilities, overnight campgrounds, and vehicle repair and service (except painting).

   C.   Use conditions:

      1.   The uses included in use unit 18, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

      2.   Within the commercial shopping district there shall be no open air storage or display of merchandise within three hundred feet (300') of an adjoining residential district.

   D.   Off street parking and loading requirements:

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Eating establishments providing curb service or offering food or drink for on premises consumption, consumption within parked motor vehicles, or permitting the on premises consumption of food or drink within the parked motor vehicle or outside the principal structure.

   B.   Included uses: Drive-in restaurants.

   C.   Use conditions: The uses included in use unit 19, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Commercial lodging establishments and commercial amusement establishments ordinarily not requiring large sites and which have use characteristics permitting their location in or near developed commercial trade areas.

   B.   Included uses: Billiard center (family), bingo facility, bowling alley, enclosed commercial recreation establishments (NEC), dance hall, gymnasium, health club, hockey rink, hotel*, motel*, motion picture theater, racquetball club, rifle or gun range (enclosed), skating rink (enclosed), slot car track, swimming pool (enclosed), tennis club, video games facility, and tavern.

* An accessory use bar which is customarily incidental and subordinate to a principal use hotel or motel is included in this use unit.

   C.   Use conditions: The uses included in use unit 20, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

Nightclubs, bars or taverns shall also meet the following requirements:

      1.   Will not be located within one thousand feet (1,000') of another nightclub, bar or tavern.

      2.   Shall not be located within three hundred feet (300') of the property line of a church, school, public or private park.

      3.   Shall not be located within three hundred feet (300') of the nearest property line of a lot zoned residential district.

      4.   Shall not be within three hundred feet (300') of a nonarterial or major street which provides direct access to a residential zoned area.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Commercial recreation facilities the principal activities of which are usually open air, located in undeveloped outlying sections of the city or along major roadways and away from urbanized residential areas of the city of Okmulgee.

   B.   Included uses: Uses include amusement activities (NEC), arena drag strip, commercial campground, drive-in theater, fairground, frisbee golf course, go-cart, golf driving range, indoor shooting ranges, miniature auto track, outdoor recreation (NEC), racetracks (auto, dog, horse), rodeo grounds, skateboard track, stadiums (NEC), tennis courts, and water slide.

   C.   Use conditions: The uses included in use unit 21, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Communication towers, telecommunications towers and related facilities, constructed for the purpose of supporting one or more antennas.

   B.   Included uses: Self-supporting lattice towers, guy towers, or monopole towers, radio and transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures, and any antenna or antenna array attached to the tower structure.

   C.   Use conditions: Antennas and their supporting structures shall meet the following requirements:

      1.   Exclusions: The following activities shall be exempt from these regulations:

         a.   Amateur radio operations;

         b.   Microwave reflectors and parabolic antennas;

         c.   Antennas and equipment completely located inside of buildings; and

         d.   Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this zoning code.

      2.   General Requirements For Antennas And Towers:

         a.   Principal Or Accessory Use: Towers may be considered either principal or accessory uses. A different existing use on the same lot shall not preclude the installation of a tower on such lot.

         b.   Towers And Antennas Design:

            (1)   Towers and antennas shall be designed to blend into the surrounding environment through the use of color, galvanizing, or camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration.

            (2)   Other than in industrial heavy intensity zoning districts, communication towers shall be of a monopole design unless the planning commission determines by special use that an alternative design would adequately blend into the surrounding environment, or that the required antennas cannot be supported by monopole.

         c.   Not Essential Services: Towers shall be regulated and permitted pursuant to this title and shall not be regulated or permitted as essential services, public utilities, or private utilities.

         d.   Tower Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other Federal or State authority for a particular tower. When incorporated into the approved design or the tower, light fixtures used to illuminate ball fields, parking lots, or similar area may be attached to the tower.

         e.   Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

         f.   Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall meet all the requirements of the underlying zoning district. Exterior ground mounted equipment occupying more than fifty (50) square feet, if visible from ground level, shall be screened from view from property within three hundred feet (300') that is used for residential purposes.

         g.   Setbacks: The following setback requirements shall apply to all towers; provided, however, that the Planning Commission may modify the requirements by special use permit:

            (1)   Towers must be set back a distance equal to at least one hundred ten percent (110%) of the height of the tower from any adjoining lot line of a Residential, Office, Historic District or Agricultural zoned lot, excluding expressway rights-of-way zoned residential.

            (2)   Guys and accessory building must satisfy the minimum zoning district setback requirements.

         h.   Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height or shall be equipped with an approved anticlimbing device; provided, however, that the Planning Commission may modify or waive such requirements by special use.

         i.   Engineer's Certification; Collocation: Certification from a professional engineer licensed to practice in the State of Oklahoma shall be submitted that the antenna and antenna supporting structure is designed in such a manner as to accommodate the collocation of a minimum of three (3) wireless telecommunication system providers, and it shall meet the standards of the American National Standards Institute and the Electronic Industries Association. Further, certification from such an engineer shall be required upon completion of construction that the antenna and antenna supporting structure has, in fact, been constructed in accordance with the plans as approved by the City prior to the commencement of its operation. Collocation of facilities should be encouraged wherever practical by allowing reasonable extra height or tower diameter necessary to support multiple antennas.

         j.   Proximity To Other Sites: Written evidence shall be presented to the City by the applicant that the new facility is not closer than one-fourth (1/4) mile from any existing site or site for which an application is pending.

      3.   Antennas And Towers Permitted By Administrative Approval: Antennas or tower, except those approved or requiring approval by the Planning Commission, shall be permitted by right, provided a permit is obtained from the City prior to construction and provided that the towers shall comply with the following standards:

         a.   When located in a Commercial, Central Business, or Corridor, or Industrial Zoning District, towers shall be set back from an Agriculture, Residential, Office, or Historic District boundary line one hundred ten percent (110%) of the height of the tower measured at grade, provided however that the setback may be modified by special use by the Planning Commission.

         b.   When antennas are to be attached to a roof or wall of buildings in Commercial or Industrial Districts, or to office or multi-family buildings of two (2) or more stories, or to institutional buildings such as schools, churches and hospitals with existing architectural elements more than thirty five feet (35') tall, provided that:

            (1)   An antenna does not extend more than twenty feet (20') above the highest point of the building, or, if located on an architectural feature such as a steeple or bell tower, does not protrude above that structure; provided, however, that the Planning Commission may modify such requirements by special use; and

            (2)   The antennas comply with all applicable FCC and FAA regulations; and

            (3)   The antennas comply with all applicable building codes.

         c.   When antennas are to be attached to an existing tower, and/or City owned buildings or structures.

         d.   When the tower is to be modified or reconstructed to accommodate the collocation of antennas; and

            (1)   The tower is of the same type as the existing tower or is to be constructed as a monopole; and

            (2)   The modification or reconstruction does not exceed thirty feet (30') over the height of the existing tower and all use conditions are met.

      4.   Antenna And Towers Requiring Special Uses: If a tower or antenna is not permitted as an administrative approval of this use unit, a special use shall be required for the construction of a tower in all zoning districts. A site plan shall be provided drawn to an appropriate scale, specifying property lines, location of transmission buildings or other accessory uses, required setback lines, parking, access, fences, adjacent land uses, landscaping, easements and public utilities.

         a.   Factors To Be Considered In Granting A Special Use: In addition to any other requirement of this section, the following factors shall be considered in the determination to grant or deny a special use for an antenna or tower:

            (1)   Height of the proposed tower;

            (2)   Proximity of the tower to residential structures, residential district, boundaries or historic structures;

            (3)   Nature of uses on adjacent and nearby properties;

            (4)   Surrounding topography;

            (5)   Surrounding tree coverage and foliage;

            (6)   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

            (7)   The total number and size of antennas proposed and the ability of the proposed tower to accommodate collocation;

            (8)   Architectural design of utility buildings and accessory structures to blend with the surrounding environment;

            (9)   Proposed ingress and egress;

            (10)   The need of the applicant for a communications tower within the immediate geographic area to provide an acceptable level of communications service to the area;

            (11)   The size of the tract and the most likely future development as indicated by the Comprehensive Plan, planned infrastructure, topography and other physical facts.

         b.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use is required; provided, however, that the Planning Commission may modify or waive such requirements by special use:

            (1)   Tower facilities shall be landscaped with a continuously maintained buffer of plant material that effectively screens the view of the tower compound from property within three hundred feet (300') that is used for residential purposes. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.

            (2)   Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

      5.   Removal Of Abandoned Towers: Any tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove the same within ninety (90) days of receipt of notice from the City of Okmulgee notifying the owner of such abandonment. Failure to remove the abandoned antenna or tower within said ninety (90) days shall be grounds for the City of Okmulgee to remove the antenna or tower at the owner's expense. Any abandoned tower that is not current in the structural safety inspection required by Okmulgee Building Code may be subject to the nuisance abatement procedures of the City of Okmulgee. (Ord. 2101, 2017: Ord. 1953, 2010)

   A.   Description: Business signs and outdoor advertising.

   B.   Included Uses: Business signs, outdoor advertising signs, ground signs.

   C.   General Location Requirements:

      1.   Street Setback: No sign or portion thereof shall be permitted in the right of way of any street or area designated in the Okmulgee major street and highway plan as a future street under any circumstances except authorized traffic signals, signs, or devices.

      2.   Intersection Setback: No sign shall be located less than thirty five feet (35') from the intersection of the pavement of two (2) streets or fifty feet (50') from the intersection of street pavement and a railroad track. The point of intersection shall be measured from the edge of the paving.

      3.   Traffic Signal Clearance: No sign shall be located in such a manner as to obstruct or obscure or in any manner interfere with any traffic signal or public warning sign.

      4.   Obstruction Of View: Signs are prohibited to be located in such a manner to prevent any motorist from obtaining a clear view of approaching vehicles for a distance of five hundred feet (500') along a public right of way.

      5.   Proximity To Residential Districts: No business or outdoor advertising sign shall be located within fifty feet (50') of a residential district if visible from such district.

      6.   Illumination: Repealed.

      7.   Separation; On Premises Ground Sign: Any on premises ground sign shall maintain a minimum separation of one hundred feet (100') from any other ground sign on the same frontage.

      8.   Separation; Off Premises Ground Sign: Any off premises ground sign shall maintain a minimum separation of five hundred feet (500') from any other off premises ground sign and also from any on premises ground sign on the same frontage, providing that the on premises ground sign was located first.

   D.   General Use Conditions:

      1.   For the purpose of display surface area calculation, where a lot abuts more than one public street, that street frontage which is larger shall be used.

      2.   Only one side of a double faced sign shall be included in the computation of display surface area.

      3.   The following signs shall not be included in the computation of display surface area:

         a.   Nameplates, attached to the face of the wall and not exceed two (2) square feet in surface area.

         b.   Temporary real estate and construction signs.

         c.   Signs which are not visible from a public street.

         d.   Signs painted on glass surfaces of windows or doors and pertaining to the business conducted therein which are in place sixty (60) days or less. After sixty (60) days, such signs shall be restricted to the display surface area limitations for the district in which located.

         e.   Tablets built into the wall of a building or other structure and used for inscriptions or as memorial tablets or for similar purposes.

         f.   Signs of warning, directive, or instructional nature erected by a public agency, franchised transportation company, or governmental agency.

         g.   Legal notices and street numbers.

         h.   Election campaign signs, if erected not more than forty five (45) days prior to an election and removed within seven (7) days following an election.

         i.   Signs located within a building.

         j.   Signs not exceeding three (3) square feet of display area of a warning, directive, or instructional nature, including entrance, exit, and restroom signs.

         k.   Signs that are attached labels of a commodity offered for sale.

      4.   Flashing signs, digital signs, changeable copy signs, running light, or twinkle signs, animated signs, revolving or rotating signs or signs with movement shall be subject to the following limitations:

         a.   No such sign shall be located within fifty feet (50') of the driving surface of a signalized intersection. The fifty feet (50') shall be measured in a straight line from the nearest point on the sign structure to the nearest point of the signalized intersection.

         b.   No such sign shall be located within twenty feet (20') of the driving surface of a street. The twenty feet (20') shall be measured in a straight line from the nearest point on a sign structure to the nearest point of the street curb, or edge of the traveled roadway marked or understood as such.

         c.   No such sign, if visible from an R district other than street, highway or freeway right of way, or if visible from a designated residential development area, shall be located within two hundred feet (200') of such district or area. The two hundred feet (200') shall be measured in a straight line from the nearest point of the sign structure to the nearest point of an R district or residential development area boundary line.

         d.   No such sign shall exceed an illumination of seventy (70) foot-candles measured at a two foot (2') distance.

         e.   No such digital sign shall display an illuminative brightness exceeding five hundred (500) nits at any time between one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise.

         f.   No such digital sign shall display an illuminative brightness of such intensity or brilliance that it impairs the vision or endangers the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle.

         g.   No such digital sign shall resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal, or light.

         h.   No such digital sign shall be permitted to operate unless it is equipped with:

            (1)   A default mechanism that shall freeze the sign in one position or static message if a malfunction occurs; and

            (2)   A mechanism able to automatically adjust the display's illuminative brightness according to natural ambient light conditions by means of a light detector/photocell by which the sign's brightness shall be dimmed.

   E.   Agriculture District Use Sign Conditions:

      1.   Signs as principal use are subject to the following conditions:

         a.   Business signs and outdoor advertising on a lot abutting designated state and federal highways must conform to all state and federal regulations.

         b.   The minimum display surface area of ground signs and outdoor advertising shall be limited to an aggregate of one square foot of display area per each linear foot of street frontage, provided that no single sign shall exceed three hundred (300) square feet.

         c.   A ground sign shall not exceed thirty feet (30') in height, measured from the mean level of the lot upon which it is erected, unless in addition to the minimum setback prescribed in subsection C1 of this section, the sign is set back one foot (1') for each foot of height exceeding thirty feet (30') provided the sign shall not exceed fifty feet (50') regardless of setback.

      2.   Signs as accessory uses are subject to the following conditions:

         a.   One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use requiring announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in area nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

         b.   One identification sign may be erected on each street frontage of a permitted nonresidential use. The sign shall not exceed thirty two (32) square feet in surface area, nor fifteen feet (15') in height.

         c.   A real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of the premises. The sign shall not exceed eighty (80) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

   F.   Residential Districts Use Sign Conditions:

      1.   Signs as a principal use are not allowed in residential districts.

      2.   Signs as accessory uses are subject to the following conditions:

         a.   One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use requiring announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in area nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

         b.   One identification sign may be erected on each street frontage of a permitted nonresidential use. The sign shall not exceed thirty two (32) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

         c.   During the period of construction, a temporary sign advertising the construction of improvements may be erected on each perimeter street frontage of the development. The sign shall not exceed sixty four (64) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light. All such signs must be removed upon completion of construction or revocation of the building permit except, if the temporary sign is for a subdivision under construction, then the sign must be removed prior to building permits being issued on more than seventy five percent (75%) of the lots in the subdivision.

         d.   A temporary real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed sixteen (16) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light in a residential duplex or residential multi-family district. In a residential estate or residential single-family district the sign shall not exceed six (6) square feet in surface area, nor more than six feet (6') in height and shall not be illuminated.

   G.   Office District Use Sign Conditions:

      1.   Signs as principal uses are not allowed in office districts.

      2.   Signs as accessory uses are subject to the following conditions:

         a.   In the office district, one business sign not exceeding thirty two (32) square feet in surface area may be erected on each street frontage of the lot. Ground signs shall not exceed the height of the building in which the principal use is located or twenty feet (20'), whichever is lower. No business signs shall be located within fifty feet (50') of a residential district if visible from such district.

         b.   During the period of construction, a temporary sign advertising the construction of improvements may be erected on each perimeter street frontage of the development. The sign shall not exceed one hundred sixty (160) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

         c.   A temporary real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed thirty two (32) square feet in surface area, nor fifteen feet (15') in height, and illumination, if any, shall be by constant light.

   H.   Central Business District Use Sign Conditions:

      1.   Location Requirements Of Signs:

         a.   Portable ground signs will be permitted in the existing or proposed right of way, but no sign shall be located closer than ten feet (10') from the back of curb line, and thirty five feet (35') from the intersection of the pavement of two (2) streets or fifty feet (50') from the intersection of street pavement and a railroad track. No ground sign shall be permitted in existing or proposed right of way.

         b.   Projecting roof and canopy signs will be permitted to overhang the existing or proposed street right of way, provided that said sign shall maintain a clear height of ten feet (10') above the sidewalk and all such signs shall not extend closer than eighteen inches (18") behind the back of curb line.

      2.   Height Requirements:

         a.   A ground sign shall not exceed thirty feet (30') in height, measured from the mean curb level of the lot upon which it is erected, unless in addition to the minimum setback prescribed in subsection C1 of this section, the sign is set back one foot (1') for each foot of height exceeding thirty feet (30').

         b.   A roof sign shall not extend more than twelve feet (12') above the mean roof level of the structure to which it is affixed.

         c.   A projecting sign shall not extend more than nine feet (9') above the mean roof level of the structure to which it is affixed.

      3.   Display Surface Area Requirements:

         a.   The maximum display surface area of ground signs in the central business district shall be limited to an aggregate of one square foot of display area per each linear foot of street frontage, provided that no single sign shall exceed one hundred (100) square feet.

         b.   Wall and canopy signs shall not exceed an aggregate of three feet (3') per each linear foot of the building wall to which the sign or signs are affixed.

   I.   Commercial And Industrial District Use Sign Conditions:

      1.   Location Requirements Of Signs:

         a.   Ground signs will not be permitted in the existing or proposed right of way and no sign shall be located within thirty five feet (35') from the intersection of the pavement of two (2) streets or fifty feet (50') from the intersection of street pavement and a railroad track. No ground sign shall be permitted in existing or proposed right of way.

         b.   Projecting roof and canopy signs will not be permitted to overhang the existing or proposed street right of way, and any projecting roof and canopy sign shall maintain a clear height of ten feet (10') above any sidewalk.

      2.   Height Requirements:

         a.   A ground sign shall not exceed thirty feet (30') in height, measured from the mean curb level of the lot upon which it is erected, unless in addition to the minimum setback prescribed in subsection C1 of this section, the sign is set back one foot (1') for each foot of height exceeding thirty feet (30'). No sign shall exceed fifty feet (50') in height regardless of setback.

         b.   A roof sign shall not extend more than twelve feet (12') above the mean roof level of the structure to which it is affixed.

         c.   A projecting sign shall not extend more than nine feet (9') above the mean roof level of the structure to which it is affixed.

      3.   Display Surface Area Requirements: The maximum display surface area of ground signs in a commercial or industrial district shall be limited to an aggregate of one square foot of display area per each linear foot of street frontage, provided that no single sign shall exceed three hundred (300) square feet.

   J.   Political Campaign Signs Use Conditions: Political campaign signs are allowed in any zoning district. No political sign shall be erected more than forty five (45) days prior to any election, nor shall any sign be permitted to remain on any property more than seven (7) days following an election. For other rules guiding the use of political signs, refer to sections 12.26.020 through 12.26.040 of this code.

   K.   Temporary Signs Use Conditions: Temporary signs are subject to the following conditions:

      1.   Temporary signs shall conform to all requirements for business signs or outdoor advertising signs. The stipulation in this section shall not be construed to require temporary signs to have connections to surfaces, tie downs, or foundations when provisions are made by temporary means of configuration of the structure to provide safety and stability for the duration of the installation and approved by the building inspector.

      2.   Portable on site business signs which are signs not securely anchored to the ground but obtain stability against wind and other normally applied forces by means of their geometry or character built for nonpermanent use are not allowed within city limits with the following exception:

         a.   A permit for temporary on site advertising is obtained.

         b.   Temporary business advertising sign permits shall be good for a period of thirty (30) days, and not to exceed two (2) permits within a calendar year.

         c.   The fee for said permit shall be set by the city manager.

When a permit has not been obtained, such signs shall be stored out of public view.

      3.   Temporary signs shall be located only on privately owned property advertising products or services on the property where the sign is located.

      4.   The maximum height on temporary signs, including any trailers, is six feet (6') and the maximum surface display area shall not be greater than thirty two (32) square feet.

      5.   The temporary sign designation does not apply to business identification signs on company vehicles used in daily operation of the business. Vehicles with signs cannot be parked and used as advertisements.

      6.   Temporary signs which require electrical service shall adhere to the national electrical code.

   L.   Off Street Parking And Loading Requirements: Not applicable. (Ord. 2086, 2016: Ord. 2085, 2016: Ord. 2070, 2015: Ord. 1953, 2010)

   A.   Description: Facilities for science, technology and industrial research, development, manufacturing, assembly and/or fabrication of electronic, technological, and scientific equipment and products that are to be located on large, landscaped sites and business parks and the operations of which does not produce objectionable environmental effects by reason of the emission of odor, heat, smoke, noise, or vibration.

   B.   Included uses: Enclosed scientific and technological and industrial research, testing, development and manufacturing, assembly or fabrication of electronic, scientific, technical, or industrial equipment printing and publishing, reproduction services, computer repair services, computer supplies services, business machine repair services, electronic repair services.

   C.   Use conditions:

      1.   The uses included in use unit 24 shall be located within enclosed buildings.

      2.   The uses included in use unit 24, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection of a screening wall or fence or sufficient landscape, or combination screening by wall, fence and/or landscape along the lot line or lines in common with the residential district.

      3.   No outdoor storage of materials, supplies, equipment or products shall be permitted, unless granted a special use by the planning commission.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria.

   E.   Other requirements:

      1.   Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair or service vehicles, and those vehicles driven in the ordinary course of the principal user's business.

      2.   Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (11/2) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty two (32) square feet that direct attention to a business, service, commodity, or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special use from the planning commission. (Ord. 1953, 2010)

   A.   Description: Warehousing, wholesaling, and trucking often located adjacent to the central business district, in industrial parks served by rail and highway transportation, adjacent to airports, and port areas.

   B.   Included uses: Warehouses (NEC), wholesale establishments (NEC), storage (NEC), trucking establishments, and truck rentals.

   C.   Use conditions: The uses included in use unit 25, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence along the lot line or lot lines in common with the residential district.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

   A.   Description: Facilities for light manufacturing uses having no objectionable or only slight environmental influences by reason of emission of odor, heat, smoke, noise, or vibration.

   B.   Included uses: Automotive painting, bottling plant, building contract construction service and storage including cesspool cleaning, concrete construction service, dry cleaning/laundry industrial, gas (heating or illuminating) manufacture or storage only where such gas is to be entirely consumed on the same premises, grain elevators, incineration or reduction of dead animals, garbage, offal, or refuse only when accumulated and consumed within or on the same premises, and heavy construction, contracting services including masonry, heating and cooling construction services, oil well drilling and cleaning, painting and other solvent uses, roofing, sand operations, sheet metal, stonework, water drilling and cleaning, and welding shop.

   C.   Use conditions:

      1.   The uses included in use unit 26, which are located within three hundred feet (300') of a residential district, shall be conducted within enclosed buildings.

      2.   The uses included in use unit 26, when located on a lot which is abutting a residential district, shall be screened from the abutting residential district by the erection and maintenance of a screening wall or fence or sufficient landscape, or combination screening by wall, fence and/or landscape along the lot line or lines in common with the Residential District.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria.

   E.   Other requirements: Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customers' vehicles, repair or service vehicles, and those vehicles driven in the ordinary course of the principal user's business. (Ord. 1953, 2010)

   A.   Description: Facilities for manufacturing uses having moderately to heavily objectionable environmental influences by reason of emission of odor, heat, smoke, noise, or vibration.

   B.   Included uses: Aluminum, brass, copper, cannabis processing, iron, or steel foundry works, blast furnace as only a minor and incidental part of another permitted industrial use, boiler works or forge works, celluloid manufacture, distillation of coal, tar or wood (no distillation of bones), dyestuff manufacture, gas (heating or illuminating) manufacture or storage, lamp black manufacture, match manufacture, oilcloth or linoleum manufacture, pickle, sausage, sauerkraut, or vinegar manufacture, printing ink manufacture, rayon or cellophane manufacture, rolling mill, rubber manufacture from crude materials, shoddy manufacture, starch, glucose, dextrin manufacture, sugar refining, tallow, grease, and lard manufacture or refining, tanning and curing of leather, rawhides or skins, and storage of rawhides or skins, tar roofing manufacture and tar waterproofing manufacture, wool scouring and hair manufacture, yeast manufacture for retail or wholesale, and other trades, industries, or uses having moderately objectionable environmental influences by reason of the emission of odor, heat, smoke, noise, or vibration. Those uses permitted in the IL Manufacturing Districts and others which include: manufacturing or industrial uses not elsewhere classified, but which are permitted by State and local law, and the following uses: acetylene gas manufacture in excess of fifteen (15) pounds pressure per square inch, acid manufacturing for wholesale, ammonia, bleaching powder or chlorine manufacture, asphalt manufacturing or refining, blast furnace use, brick, tile, or terra cotta manufacture, concrete ready mix plant, cement, lime, gypsum, plaster of paris, or asphalt manufacturing, chlorine or hydrochloric, nitric, picric, sulphurous, sulfuric acid, or ammonia manufacture, coke manufacture, creosote manufacture or treatment, disinfectant or insecticide manufacture, distillation of bones, explosive manufacture or storage, fat rendering, fertilizer manufacture from mineral or organic materials, garbage, offal or dead animal reduction or dumping, glue manufacture, paper or pulp manufacture by sulphide processes emitting noxious gases or odors, petroleum refining, refuse dump, slaughtering of animals, incineration or reduction of dead animals, garbage, offal, or refuse, gelatin or size manufacture (no glue manufacture), smelting, soap manufacture, soda ash, caustic soda and washing compound manufacture, stockyard, tar distillation or manufacture, turpentine manufacture, varnish manufacture, and other trades, industries, salvage yards for: automobiles, building materials, scrap metal, junk, paper or other kinds of salvage; storage of dismantled autos or trucks in any form; or uses having heavily objectionable environmental influences by reason of the emission of odor, heat, smoke, noise, or vibration.

   C.   Use conditions:

      1.   The uses included in Use Unit 27, which are located within three hundred feet (300') of a Residential District, shall be conducted within enclosed buildings.

      2.   The uses included in Use Unit 27, when located on a lot which is abutting a Residential District, shall be screened from the abutting Residential District by the erection and maintenance of a screening wall or fence or sufficient landscape, or combination screening by wall, fence and/or landscape along the lot line or lines in common with the Residential District.

      3.   Licensed commercial growers and processors of cannabis may operate within Industrial Heavy (IH) Zoning Districts with the following conditions:

         a.   All business shall be conducted within an enclosed building.

         b.   A security plan shall be submitted with information on security screening, protected transfer points for transportation of product, and other safety measures.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 2125, 2019: Ord. 1953, 2010)

   A.   Description: Extractive operations, certain mineral processing operations, and manufacturing operations which directly utilize minerals, at or near the source, and which are very land intensive and because of their potential adverse influence on adjacent properties, require site plan review and therefore Planning Commission special use approval in all cases.

   B.   Included uses:

         Mining and quarrying as follows: mining, quarrying or extraction of coal, ores, stone, sand or gravel.

         Processing of mineral products as follows: crushing, washing and grading of coal, ore, stone, sand or gravel; manufacture of portland cement, concrete or asphaltic concrete, at the source of supply of crushed rock, sand, or gravel, for utilization off the premises; and sanitary landfill; and hazardous waste disposal; or other similar land intensive uses.

   C.   Use conditions: The Planning Commission, in granting a Use Unit 28 by special use, shall consider potential environmental influences, such as dust and vibration, and shall establish in the particular instance appropriate protective conditions, including, but not limited to, setbacks, screening, and method of operation as will mitigate the adverse affect on adjoining and other proximate land uses.

   D.   Off street parking and loading requirements:

 

 

See chapter 12 of this title for required minimum dimension and design criteria. (Ord. 1953, 2010)

If any use is proposed hereafter which is not actually or substantially listed within this Zoning Code, the Community Development Department shall assign the most appropriate use group, which shall be presumed to be correct unless appealed to the City Council within ten (10) days of the department's decision. (Ord. 2017, 2014)