ABUTTING: In the context of notice and a screening or enclosure requirement, abutting shall mean contiguous or separated therefrom only by a nonarterial street, alley or railroad right of way. In other instances, abutting shall mean contiguous.

ACCESSORY SUPPORT FACILITIES: Support buildings, structures and equipment cabinets for telecommunications facilities containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data, image, graphic, and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities.

ACCESSORY USE BAR: A commercial establishment open to the public which sells and serves intoxicating beverages or low point beer, for consumption on the premises, but which is incidental and subordinated to: a) a principal use as a restaurant, hotel or motel, or b) not for profit, bona fide lodges, posts, clubs, fraternal, benevolent or charitable organizations.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ALL WEATHER MATERIAL: A hard surface, dust free material capable, during ordinary use, of withstanding without substantial deterioration, normal weather conditions. Gravel, rock, or screening alone, without use of a petroleum or cement binder, does not meet the definition of an all weather, dust free material.

ALLEY: Public or private way not more than thirty feet (30') wide affording only secondary means of access to abutting property.

ALTERNATIVE TOWER STRUCTURE: Clock towers, bell steeples, building structures or building equipment normally maintained above the roofline of a structure, light poles and similar alternative design mounting structures. An alternative tower structure must be compatible with the natural setting and surrounding structures, and must camouflage or conceal the presence of antennas and/or towers.

ANCHORING SYSTEMS: A combination of ties, anchoring equipment and/or anchoring devices that are designed to resist overturning, uplift and lateral movement of the structure being anchored from wind and water forces.

ANIMATION: The presentation of pictorials and graphics on signs displayed in a progression of frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns of light, or shapes that change in size.

ANTENNA SUPPORTING STRUCTURE: A telecommunications facility that consists of a stand alone support structure which has as its principal use the support of antenna(s) and associated equipment.

ANTENNAS: A transmitting and/or receiving device used in telecommunications that radiates or captures a signal.

ARTERIAL OR MAJOR THOROUGHFARE: A major thoroughfare as classified in the major street and highway plan and street classifications as designated in the Okmulgee 2020 plan, and classified as a primary arterial or secondary arterial or greater in the 1976 comprehensive plan. An arterial will typically be a section line roadway of at least one mile in unbroken and paved length, or a designated highway. Typically traffic on an artery will not be interrupted by stop signs except at intersections with other arteries in areas of lower traffic volumes. Where traffic volumes warrant their use, the intersections of two (2) arteries or the intersections of an artery and a collector may justify a traffic signal.

ASSISTED LIVING CENTER: A residential facility designed to meet housing and care needs of older persons and individuals with disabilities in a residential rather than institutional environment, while maximizing independence, choice, and privacy. Assisted living programs provide personal care for persons with needs for assistance in the activities of daily living, and can respond to unscheduled needs for assistance. Services typically provided include: meals, housekeeping, laundry and linen service, medication monitoring, transportation, and activities. Assisted living settings also typically provide features that enhance resident autonomy, such as lockable doors, full bathrooms, temperature control, and single occupancy, and may provide limited cooking facilities in individual units. Assisted living centers exclude nursing homes and other special housing facilities as elsewhere defined.

AVERAGE GROUND ELEVATION: The midpoint between the highest and lowest ground elevations at the building wall.

BAR/TAVERN: A commercial establishment open to the general public that sells and serves intoxicating beverages or low point beer for consumption on the premises.

BED AND BREAKFAST INN: A residential structure that provides twelve (12) or fewer guestrooms and meals for overnight guests who pay a fee for such services. Said structure may also be rented for special events, such as weddings, receptions, anniversaries, private dinner parties, business seminars, etc.

BEER BAR: A commercial establishment open to the general public that sells and serves low point beer for consumption on the premises.

BILLIARD CENTER, FAMILY: A principal use billiard facility which caters to families and which excludes the sale and consumption of intoxicating and low point beer on the premises.

BILLIARD HALL/POOL HALL: A principal use billiard facility, open to the general public, and which sell and serves intoxicating and/or low point beer (as defined herein) on the premises.

BOARD OF ADJUSTMENT: The board of adjustment of the city of Okmulgee.

BUILDING: A structure that is permanently affixed.

BUILDING SETBACK: The horizontal distance, from the point of measurement, such as the property line adjacent to an abutting street or the boundary line of an abutting zoning district to the nearest building wall.

CHANGEABLE COPY: Copy or other images that physically change or give the appearance of change at intervals of less than ten (10) minutes.

CHARACTER: Any letter of any standard alphabet or numeral.

COLLECTOR OR COLLECTOR THOROUGHFARE: A street classified as a collector thoroughfare by the Okmulgee 2020 plan. A collector will typically gather traffic for passage between or among individual neighborhoods, and typically carry traffic having the right-of-way at intersections for distances of one-third (1/3) of a mile or more, except at intersections with arterials.

COMMERCIAL GROWER: A business licensed to grow, harvest and package medical marijuana for sale to licensed processors, or dispensaries.

COMMERCIAL MIXED USE DEVELOPMENT: Any development containing a combination of uses permitted by right or special exception in a CS Zoning District.

COMMUNITY GROUP HOME: A community based, residential facility for independent living that provides room and board, personal care, and habilitation services in a family environment as a single housekeeping unit for seven (7) or more resident elderly or disabled persons (mentally and/or physically impaired) with at least one resident staff person.

COMPREHENSIVE PLAN OR OKMULGEE COMPREHENSIVE PLAN: The current Okmulgee 2020 plan, and any amendments thereto.

CORE AREA: A contiguous habitable floor area, under roof, irrespective of interior walls, at least twenty feet by twenty feet (20' x 20') in size.

CURB LEVEL: The mean level of the established curb at the frontage of a lot. Where no curb has been established, the mean level of the edge of paving by all weather material that is nearest to the lot.

CUSTOMARY RESIDENTIAL EXTERIOR FINISHING MATERIALS: Roof and siding materials traditionally used to provide the finished exterior of single-family dwellings. Customary roofing materials include metal, composition shingles, fiberglass shingles, wood shingles (shakes), and clay tile applied according to the manufacturer's specifications. Customary siding materials include aluminum lap or vinyl siding, cedar or other wood siding, masonry, stucco, brick, stone, block, tilt-up panel and wood grain weather resistant pressboard siding.

DANCE HALL: Commercial establishment open to the general public that provides a dance area of one thousand (1,000) square feet or more.

DESIGNATED RESIDENTIAL DEVELOPMENT AREA: An area specifically designated for residential development by conditions imposed in a Corridor District (CO).

DETENTION/CORRECTIONAL FACILITY: A facility for the detention, confinement treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, prerelease center, correctional community treatment center, jail and prison.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

DISPENSARY: A business licensed by the State of Oklahoma to purchase medical marijuana from a licensed processor or grower and sell to qualified purchasers.

DISPLAY SURFACE: The surface of a sign upon, against, or through which the message is displayed or illustrated.

DISPLAY SURFACE AREA: For ground signs shall mean the area enclosed by the minimum imaginary rectangle that fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign, if the elements are fully extended and parallel to the plane of view. The display surface area for wall signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each work attached to any particular facade. The display surface area for window signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word, figure, design, and symbol if the window or other transparent material forms the background material when such material is translucent or opaque.

DRIP LINE: The periphery of the area underneath a tree that would be encompassed by perpendicular, vertical lines extending from the exterior edges of the crown of the tree.

DWELLING, DUPLEX: A building containing two (2) dwelling units, designated for occupancy by not more than two (2) families.

DWELLING, MULTI-FAMILY: A building containing three (3) or more dwelling units, and including a series of separate buildings having common or party walls between dwelling units.

DWELLING, SINGLE-FAMILY DETACHED: A building, other than a manufactured home, containing one dwelling unit designated for occupancy by not more than one family.

DWELLING UNIT: A room or group of rooms arranged, intended, or designated as a habitable unit, containing cooking, bathing and sleeping facilities, for not more than one family living independently of any other family.

ELDERLY/RETIREMENT HOUSING: A residential complex containing multi-family dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and distinguished from life care retirement centers as elsewhere defined.

EMERGENCY AND PROTECTIVE SHELTER: A residential facility that provides room and board for a temporary (30 days or less) period, protection, counseling, and preplacement screening for abused, displaced, or transient children or adults.

FAMILY: One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over six (6) persons, including any roomers, boarders and/or domestic servants. A home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single housekeeping unit for not more than six (6) resident elderly or disabled (mentally and/or physically impaired) with at least one, but not more than two (2) resident staff persons shall be considered a family. A group home run for profit or operated by a corporation shall require a special permit. A group home not operated under 501(c)(3) or State regulations does require a special permit.

FAMILY DAYCARE HOME: A dwelling used to house and provide supervision and care for a maximum of seven (7) children, including those preschool children under five (5) years of age who reside in the residence as a home occupation.

FLASHING ILLUMINATION: A light source or other image which in whole or in part physically changes in light intensity or gives the appearance of such change.

FLOOR AREA: The sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Provided that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off street parking areas shall not be included. Provided further that floor area for outdoor display of merchandise or customer seating, whether uncovered or covered by a tent or canopy shall be included as measured by the smallest rectangular area encompassing the display or customer seating area.

FLOOR AREA RATIO (FAR): The floor area of a building or buildings on a lot divided by the lot area.

FOSTER HOME: A dwelling used in whole or in part as living quarters for a household that includes four (4) or more minors placed by a licensed child placement agency who are not members of the family occupying said dwelling but, are under their supervision. This includes any natural children living in the home.

FRONTAGE: The linear measurement of a lot boundary that abuts a public street or the linear measurement of the building setback line when the boundary of the lot abuts a curbed nonmajor street or cul-de-sac. For corner lots, the boundary to be used is the one on the street for the assigned address of the lot.

HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, heating, cooking or recreation or a combination thereof.

HEIGHT, BUILDING: The vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure.

HEIGHT, SIGN: The vertical distance measured from the curb level to the highest point of the sign.

HOME OCCUPATION: That accessory use of a dwelling that constitutes some or the entire livelihood of a person living in the dwelling.

JUNK AND SALVAGE: An open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, crushed or handled. Materials shall include, but are not limited to, scrap iron and other metals, paper, plastic, rags, tires, salvaged or dismantled vehicles, vehicular parts, wrecked vehicles, bottles and cans.

KENNEL: The land or buildings used for the purpose of selling, breeding, boarding or training cats or dogs, or both.

LANDSCAPED AREA: The unpaved area within a lot which contains grass, shrubs, flowers, ground cover, trees or native plant materials and which may include decorating fixtures such as rock, pools and planters.

LIFE CARE RETIREMENT CENTER: A residential facility containing dwellings designed for and principally occupied by senior citizens in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the state of Oklahoma as an intermediate care facility or a skilled nursing center.

LIVABILITY SPACE: The open space of a lot that is not allocated to or used for dwelling units or accessory structures.

LOADING BERTH, OFF STREET: A space of at least ten feet (10') in width and thirty feet (30') in length and having a vertical clearance of at least fourteen feet (14'), designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

LOCAL STREET OR LOCAL THOROUGHFARE: A street classified as a local thoroughfare by the Okmulgee 2020 plan. Local streets serve primarily to allow access to the individual lots of a neighborhood. While a local street can be of any length, the flow of traffic on the street may be frequently interrupted by various passive traffic control devices such as stop signs, yield signs and speed bumps.

LOT: A lot of record.

LOT COVERAGE: The percentage of a lot or site area covered by the building or buildings on the lot.

LOT LINE: Any boundary of a lot.

LOT LINE, FRONT: The boundary of a lot that abuts a public street. Where the lot abuts more than one street, the boundary of a lot that abuts the street used in the assigned address shall be used. If no address has been assigned, the owner may select the front lot line.

LOT LINE, REAR: The boundary of a lot that is most distant from and most nearly parallel to the front lot line.

LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Okmulgee County Clerk or a parcel of land, the deed of which is recorded in the Office of the Okmulgee County Clerk.

LOT WIDTH: The average horizontal distance between the side lot lines.

MAJOR STREET PLAN OR MAJOR STREET AND HIGHWAY PLAN: The Okmulgee major street and highway plan and street classifications as designated by the City of Okmulgee in the Okmulgee 2020 plan.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, but not including recreational vehicles, but which nonetheless complies with the National Manufactured Home and Safety Standards.

MARIJUANA: Means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin.

MINISTORAGE: A building containing small partitioned storage spaces that are separately and individually rented or leased for the storage of personal goods or merchandise, but excluding commercial warehousing.

MODULAR BUILDING: A structure transportable in one or more sections for assembly on site, which nonetheless complies with the 2006 International Building Code or any successor thereto.

MOVEMENT: Physical movement or revolution of a sign or portion of a sign up or down, around or sideways.

n/a: Not applicable.

NEC: Not elsewhere classified.

NAMEPLATE: A sign, attached flush against a building identifying the name of the building or the name of an occupant thereof.

NIGHTCLUB: Commercial establishments open at night to the general public, usually serving alcoholic beverages, having a floorshow, and providing music and a space for dancing.

NURSING HOME: A residential healthcare facility which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm, or convalescent patients who are not related to the owner or administrator of the facility.

PARKING AREA: The area which includes the parking spaces, the maneuvering areas necessary to enter and exit the spaces and the drives providing access to the parking spaces and maneuvering areas from a public or private street or other parking areas.

PARKING SPACE, OFF STREET: A space on a lot intended and reserved for the parking of an automobile.

PERMANENT FOUNDATION: A foundation that meets the requirements of the City of Okmulgee regulations.

PERSONAL CARE: Assistance with meals, dressing, movement, bathing or other personal needs of maintenance, or general supervision of the physical and mental well being of a person, who is incapable of maintaining a private, independent residence, or who is incapable of managing his or her person, whether or not a guardian has been appointed for such person.

PRINCIPAL USE RESTAURANT: An eating establishment which employs at least one full time cook, has a menu, a fully equipped kitchen for cooking and preparation of meals and which eating establishment, including the kitchen are but excluding the bar area, occupies at least seventy five percent (75%) of the total floor area of the business.

PRIVATE CLUB: A private commercial establishment, not open to the general public, but which is operated for profit and which sells and serves alcoholic beverages for consumption on the premises.

PROCESSOR: A business licensed by the State of Oklahoma to purchase marijuana from a commercial grower; prepare, manufacture, process, package, sell to, and deliver medical marijuana products to a dispensary; and process marijuana grown by a qualified patient into a medical compound for a fee.

RECREATIONAL VEHICLE (RV): A trailer, boat trailer, travel trailer, camping trailer, truck camper, camper shell, motor home, tent trailer, boat, houseboat, or similar vehicle or unit. Camper shells that are attached to a pickup truck are not considered a recreational vehicle.

RESIDENTIAL TREATMENT FACILITY: A community based residential facility providing diagnostic or therapeutic services, counseling, or treatment and long term room and board in a highly structured environment for its residents for alcoholism, drug abuse, or behavioral disorders.

ROOMING AND BOARDING HOUSE: A facility wherein congregate meals and lodging are provided for its residents exclusive of a supervised living or residential care facility as elsewhere defined (e.g., nursing homes, group homes, transitional living center, residential treatment center, etc.), and exclusive of a hotel or motel.

SETBACK: The minimum allowable horizontal distance from a given point or line of reference, such as a right-of-way, to the nearest vertical wall or other element of a building or structure. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area", the setback shall in its application include, but not be limited to, buildings.

SIGN: Any object, device, structure or part thereof used to advertise, identify, display or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs as defined herein do not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organizations; one corporate flag; works of art which in no way identify a product; temporary holiday decorations; or landscape features which display no words or symbols.

SIGN, BUSINESS: Any sign that directs attention to a business, commodity, service, or entertainment conducted on the premises.

SIGN, CANOPY: See definition of sign, wall.

SIGN, CONSTRUCTION: A temporary sign erected during the period of construction advertising the construction of improvements on the property.

SIGN, GROUND: A sign that is part of a self-supporting structure, other than a building or portion of a building.

SIGN, ILLUMINATED: Any sign which is directly lighted by any electrical light source, internal or external, except light sources specifically and clearly operated for the purpose of lighting the general area in which the sign is located rather than the sign itself.

SIGN, OUTDOOR ADVERTISING: A sign that directs attention to a business, commodity, service, or entertainment, sold or offered elsewhere than the lot on which it is located.

SIGN, PROJECTING: A sign that is affixed to a building wall and which extends horizontally more than fifteen inches (15") from said wall. It shall also mean a sign which is affixed to a canopy, awning or marquee and which extends horizontally more than fifteen inches (15") from said canopy, awning or marquee.

SIGN, PROMOTIONAL BUSINESS: A sign, temporary in nature, consisting of tinsel, advertising flags, pennants, searchlights, balloons, banners, wind devices, or similar advertising devices, whether or not the same contain any words or characters.

SIGN, REAL ESTATE: A temporary sign advertising the sale, rental, or lease of the lot or portion thereof on which the sign is located.

SIGN, ROOF: A sign which is affixed to a roof, extended roof, pitched roof, or canopy, and which extends above the building wall or parapet wall.

SIGN, WALL: A sign affixed to a building wall, canopy, awning, marquee or parapet wall, or a sign displayed in or on a window or door which does not extend horizontally more than fifteen inches (15") from the wall, canopy, awning, marquee, parapet wall, window or door, nor extend above the parapet wall.

SPECIAL USE: A use or a design element of a use which is not permitted by right in a particular district because of a potential adverse affect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the planning and zoning commission, where specifically authorized by this zoning code, and in accordance with the substantive and procedural standards of this zoning code.

STORY: A room or set of rooms on one floor level of a building.

STREET: Any named or numbered, publicly owned thoroughfare, and shall normally be considered as a unit for its full length, irrespective of any intersections with other publicly owned thoroughfare.

STREET WALL: The wall or part of the building nearest to the street.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, parking areas, walks, fences, and signs.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with the existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alternation of a structure listed on the national register of historic places or a state inventory of historic places.

SUPPLEMENTAL DISTRICT: A zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as historic preservation while maintaining the character and purposes of the general use district area over which it is superimposed.

TELECOMMUNICATION FACILITIES: The plant, equipment, and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, towers, alternative tower structures, electronics, and other appurtenances used to transmit, receive, distribute, provide, or offer telecommunications services.

TENT: Any structure, enclosure, or shelter constructed of fabric or other pliable material supported by any manner except by air or the contents protected by the material. The horizontal area covered by the fabric or other pliable material shall be considered building floor area. In residential districts, a tent shall be considered a detached accessory building.

TOP PLATE: The horizontal timber directly carrying the trusses of a roof or the rafters.

TRANSITIONAL LIVING CENTER: A community based residential facility that provides short term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, alcoholism or drug abuse.

VARIANCE: A onetime relaxation of a restriction of this zoning code, granted by the board of adjustment, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstances of a particular property, the literal enforcement of this zoning code restriction would result in unnecessary hardship (excluding monetary hardship) that is not caused by the owner.

VETERINARIAN CLINIC: A building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building, but excluding outside animal runs or boarding services.

WIND DEVICE: Any flag, banner, pennant, streamer, inflatable or similar device that moves freely in the wind.

WORD: For the purpose of this zoning code, one word shall be deemed to be any of the following:

   A.   Any word in any language found in any standard unabridged dictionary or dictionary of slang.

   B.   Any proper noun or any initial.

   C.   Any separate symbol or abbreviation, such as "&", "S", "%", and "INC".

   D.   Any telephone number, street number or commonly used combination of numerals and/or symbols such as "$5.00" or "50%".

   E.   Any symbol or logo which is a registered trademark, but which itself contains no word or character.

   F.   Otherwise, each separate character is considered to be a word.

YARD: An open unoccupied space on a lot between a building and a lot line.

YARD, FRONT: A yard extending along the full length of the front lot lines between the side lot lines.

YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.

YARD, REQUIRED: The minimum permitted distance of open unoccupied space between a building and a lot line.

YARD, SIDE: A yard extending along a side lot line between the front yard and the rear yard. (Ord. 2125, 2019: Ord. 2099, 2017: Ord. 2069, 2015: Ord. 1970, 2011: Ord. 1953, 2010)

The zoning districts set forth below are hereby established and shall be identified by the symbol to the left thereof:

 

(Ord. 2128, 2019: Ord. 1953, 2010)

The supplemental district(s) set forth below is hereby established and shall be identified by the symbol to the left thereof:

 

 

(Ord. 1953, 2010)

The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official zoning map of the City of Okmulgee, Oklahoma. The official zoning map shall bear the endorsement of and be maintained by the Community Development Department and may be divided in parts, and such parts may be separately employed for identification purposes when adopting or amending the official zoning map or for any reference to the official zoning map. (Ord. 1953, 2010)

District boundary lines shall be described by legal description and displayed by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be designated on the official zoning map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of butting streets, alleys or railroad rights-of- way, as the same appear of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the staff of the Community Development Department. (Ord. 1953, 2010)

No land or building shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space and other requirements established in the district in which such land, building, structure or improvement is located, except as provided by the chapter on nonconformities. In order to avoid undue hardship:

Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building, where a building permit was lawfully issued prior to the effective date of this title, and pursuant to such permit, construction is diligently carried to completion. Upon completion such building or use shall be deemed nonconforming and may continue as regulated by the chapter on nonconformities. (Ord. 1953, 2010)

A lot shall not hereafter be divided into two (2) or more lots, unless each lot resulting therefrom conforms to all the applicable regulations of the zoning district in which located and each complies with the Okmulgee subdivision regulations requirements for minor subdivisions procedures and standards for the subdivision of land within the jurisdiction of the Okmulgee planning commission. (Ord. 1953, 2010)

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum footage of frontage on a public street or improved dedicated right of way as established in the applicable zoning district. (Ord. 1953, 2010)

Not more than one residential structure may be located on a single lot in an RE or RS district. (Ord. 1953, 2010)

   A.   Antenna supporting structures which are principal uses in agriculture, residential, office, or commercial districts are regulated by section 17.11.230 of this title unless otherwise provided herein. Antennas and antenna supporting structures that are principal uses in industrial districts are regulated by sections 17.08.020 and 17.11.230 of this title.

   B.   Supporting structures which are accessory uses are regulated by each subsection 17.04.030F of this title and the applicable use conditions for use unit 22 of this title.

   C.   Antenna supporting structures which are accessory to principal uses permitted in the agricultural, office, commercial or industrial zoning districts shall be set back from a residential district boundary line one hundred ten percent (110%) of the height of the antenna and supporting structure as measured at grade. The setback distance shall be measured from the nearest point of the residential district zoning boundary line, excluding freeways zoned residential. (Ord. 1953, 2010)

The following structures shall not be subject to the height limitations of the district in which they are located:

   A.   Farm buildings and structures in an AG agriculture district only.

   B.   Belfries, chimneys, cupolas, domes, elevators, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.

   C.   Ground and structure supported accessory antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of sixty feet (60') above the natural land grade and which meet the following requirements:

      1.   No portion of the antenna, aerial, elevating structure or any anchor or guyline may encroach upon the land area or airspace of any adjoining or abutting property.

      2.   In a residential district no portion of the antenna, aerial, elevating structure, or any anchor or guyline, may extend beyond the front yard building setback line or extend into any established front yard or into any side yard, provided that:

         a.   Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any city, county, state or federal governmental entities;

         b.   Nonguyed, omnidirectional, single element vertical antennas not exceeding one hundred twelve inches (112") in height, and not exceeding one and three-fourths inches (13/4") outside diameter shall be permitted in addition to the sixty foot (60') height aggregate limitation;

         c.   The above height regulations shall not apply in those instances when there is a conflict with applicable local, state or federal regulations. (Ord. 1953, 2010)

Except for fire protection and ambulance service, the lot area and width requirement of the zoning district shall not apply to the uses included within use unit 4, public protection, utilities and public parks. (Ord. 1953, 2010)

Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky.

Permitted yard obstructions are permitted in required yards as follows:

   A.   Cornices, canopies, eaves and similar architecture features may project not more than two feet (2') into a required yard.

   B.   Fire escapes may project not more than four and one-half feet (41/2') into a required yard.

   C.   Fences, hedges, plant materials and walls may be located in any yard, provided the following conditions are met:

      1.   Fences more than six feet (6') tall must have a building permit;

      2.   Privacy fences may be built on the property line and extend up to the front build line of the primary structure;

      3.   Fences that extend past the build line into the front yard shall:

         a.   Be no more than three feet (3') tall if constructed with opaque material;

         b.   Be constructed of transparent fencing if over three feet (3') tall;

      4.   Corner visibility is maintained;

      5.   Fences located along any drainage easement shall be so constructed of materials which are open to pass water and waterborne debris without significant blockage.

   D.   Signs that are permitted as accessory uses in residential districts may be located within any yard that is bounded by a public street.

   E.   In the RE and RS residential districts, a detached accessory building or buildings may be located in a required rear yard provided: 1) the building or buildings do not cover more than twenty percent (20%) of the area of the minimum required rear yard, 2) the total gross floor area for any accessory building or buildings does not exceed six hundred (600) square feet, and 3) the accessory building does not cover any public utility line or pipe.

   F.   Swimming pools, tennis courts and patios shall be located in the rear yard or side yard and shall have a minimum setback of ten feet (10') from any side yard or rear yard lot lines. Fallout and other protective shelters shall be located within a yard and shall have a minimum setback of ten feet (10') from any yard line.

   G.   Hitch as an integral part of a manufactured home.

   H.   All carports shall remain free of obstruction from ground to eave on at least two (2) adjacent sides, and shall be located in side or rear yards.

   I.   Customary accessory structures, such as clotheslines, barbecue pits and playground equipment.

   J.   Antennas, antenna supporting structures, and guylines may be located in the required rear yard.

Use of yards in R districts are that no inoperative or unlicensed motor vehicles or vehicle bodies or vehicle parts shall be parked or stored within the front yard in any single-family or duplex residential district. In an RMF and all nonresidential districts, no vehicle shall be parked for more than twenty four (24) hours in the front or side yard except on a hard surfaced area constructed of a durable dust free all weather material. Within the RMF districts, not more than one vehicle shall be parked for each six hundred (600) square feet of area contained in a required front yard or exterior side yard. (Ord. 2090, 2016: Ord. 1953, 2010)

Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:

   A.   If the proposed building is to be located more than two hundred feet (200') from an encroaching building, the proposed building shall conform to the required front yard or setback established for the district in which the proposed building is to be located.

   B.   If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.

   C.   If the proposed building is to be located within two hundred feet (200') of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard setback of the two (2) nearest front corners of the encroaching buildings.

   D.   If the proposed building is to be located within two hundred feet (200') of an encroaching building on one side, but not on both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required building front yard or setback and the setback of the nearest front corner of the encroaching building.

Provided, however, that in the application of subsections C and D of this section, the front yard or building setback shall not be reduced to less than five feet (5') plus one-half (1/2) of that which is applicable in the respective zoning district in which it is located. (Ord. 1953, 2010)

   A.   Specifications: For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated. When the provisions of this zoning code require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, a screening wall or fence:

      1.   Shall be designed, constructed and arranged to provide visual separation of uses;

      2.   Shall not be less than six feet (6') in height;

      3.   Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance;

      4.   Shall be erected prior to the occupancy of the building or initiation of the use required to screen;

      5.   Shall be of live shrubbery or standard, conventional opaque fencing material, and appropriate screening including wooden or vinyl fences with cap rails and base rails, landscaping, or masonry walls or any combination of the above.

   B.   Maintenance: Maintenance of the screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after a notice by the city of Okmulgee shall constitute an offense hereunder.

   C.   Modification Of The Screening Wall Or Fence Requirements: The Okmulgee board of adjustment, as a variance may:

      1.   Modify or remove the screening requirement where existing physical features provide visual separation of uses;

      2.   Modify the screening requirement where an alternative screening will provide visual separation of uses;

      3.   Grant an extension of time to erect a screen where properties which are to be benefited by the screen are undeveloped; and

      4.   Remove the screening requirement where the purpose of the screening requirement cannot be achieved. (Ord. 1953, 2010)

All nonresidential driveways used for ingress or egress shall have a maximum width of forty feet (40') and a minimum width of twenty five feet (25') measured at the property line. (Ord. 1953, 2010)

The city of Okmulgee street and highway plan as designated in the Okmulgee comprehensive plan, hereinafter referred to as the major street plan, as adopted by the Okmulgee city council, is hereby made a part hereof. All public streets hereafter constructed shall be built and named in accordance with that plan. Hereafter, all newly constructed or renamed thoroughfares will be designated streets if they are aligned generally east to west, and designated as avenues or roads if they are aligned generally north to south. Hereafter, all newly constructed or renamed thoroughfares will be designated with a number as the name of the street, if they are located in the southern portion of the city and are generally aligned east to west. (Ord. 1953, 2010)

The mayor or any member of the city council, planning commission or board of adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this zoning code, shall not be a participant in that action. The possibility, not actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare the interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon. (Ord. 1953, 2010)

   A.   Purpose:

      1.   The city council may, after a public hearing and recommendation by the planning commission and after conducting a public hearing as is required, authorize for specific parcels of land a special use through issuance of a permit for said use in the zoning district in which it is located.

      2.   The special uses listed in the different zoning districts are so classified because they more intensely dominate the area in which they may be permitted than do other uses permitted by right in the zoning district; however, the nature of such uses may make it desirable that they be permitted to locate therein. Care shall be taken that, when permitted, the special use is properly integrated with other land uses located in the area.

      3.   The designation of a special use as possible in principal uses permitted list in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each special use application shall be evaluated as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

   B.   Conditions For Approval:

      1.   In considering and determining its recommendation, the planning commission shall require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.

      2.   The planning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off street parking and loading arrangements and location or construction of buildings and uses and operation be required.

      3.   The city council may, in the interest of the public welfare and to assure compliance with the intent of this title, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.

      4.   A site plan setting forth the conditions specified may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the special use.

      5.   A special use approved under the provisions of this title shall not be considered as an amendment to the zoning ordinance; however, the special use shall be noted on the zoning map as follows: "SU-          " (the case number of the granted special use shall be inserted). Any of the conditions contained in an approved special use shall be considered as conditions precedent to the granting of a building permit for the special use allowed.

   C.   Time Limit: If for any reason the approved special use ceases operation for a period of one year, then the approval of said special use shall be considered void and will require another application, public hearing and review by the planning commission and city council. Any approved special use that does not begin operation within one year of approval shall be considered void, unless orderly and diligent progress toward completion of construction is taking place.

   D.   Use Conditions: Special uses permitted shall comply with the most restrictive yard and height requirements of the district in which located. No use shall commence, nor any construction be permitted, unless the special use has been approved by the planning commission and complies with a review by the community development department.

   E.   Administration Of Special Uses: An application for a special use shall be filed with the planning commission by the owner of the property concerned, or duly authorized representative thereof, on a standard form furnished by the community development department. Applications for a special use may be required to be accompanied by a scaled site plan of the proposed area. Notice of a public hearing to consider a special use shall be the same as that for rezoning. The applicant shall be responsible for obtaining the names of all the property owners, through a licensed abstract or title company, while the community development department staff shall be responsible for the mailing of all notices. (Ord. 1953, 2010)