The commercial districts are designed to:

   A.   Achieve the commercial goals and objectives of the Okmulgee comprehensive plan.

   B.   Meet the needs for commercial services and goods of the trade area.

   C.   Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land uses and thoroughfares by:

      1.   Differentiating the types and purposes of commercial activities.

      2.   Establishing bulk and area controls.

      3.   Requiring off street loading and parking facilities.

      4.   Controlling the number, area, location and types of signs.

      5.   Protecting the character of commercial districts and their peculiar suitability for commercial uses.

The CS commercial shopping district is designed to accommodate convenience, neighborhood, subcommunity, community and regional shopping centers providing a wide range of retail and personal service uses. All land in the C3 and C5 zoning districts under the 1964 zoning code shall be presumed to be CS under this zoning code unless an application for a zoning change is filed within ninety (90) days of the passage of this zoning code.

The CG commercial general district is designed to:

   A.   Accommodate existing development of mixed commercial uses that are well established, while providing a degree of protection to adjacent residential areas.

   B.   Accommodate the grouping of certain commercial and office uses that are compatible with one another.

   C.   All land in C1, C6 and C7 zoning districts under the 1964 zoning code shall be presumed to be CG under this zoning code unless an application for a zoning change is filed within ninety (90) days of the passage of this zoning code.

The CBD central business district is designed to:

   A.   Accommodate and encourage the most desirable, productive and intense use of land, without regard to the regulation of building height, floor area, or parking space requirements, within the central core area of Okmulgee designated in the Okmulgee comprehensive plan. This is largely but not exclusively related to the historic downtown area of the city.

   B.   Encourage a diversity of high intensity customer intense uses which mutually benefit from close proximity to each other.

   C.   Preserve and promote the public and private investment of the central core area of Okmulgee.

   D.   Preserve, promote and enhance the pedestrian character, nature, environment and sensitivity to human scale of the core area of Okmulgee.

   E.   All land in the C4 zoning district under the 1964 zoning code shall be presumed to be CBD under this zoning code unless an application for a zoning change is filed within ninety (90) days of the passage of this zoning code. (Ord. 1953, 2010)

The principal uses permitted in the Commercial Districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off street parking, loading and screening requirements and other use conditions in chapter 17.11 of this title. The use units permitted in Commercial Districts are set forth in table 1 of this section.

TABLE 1
USE UNITS PERMITTED IN COMMERCIAL DISTRICTS

 

 

 

Notes:

    1.    Multi-family dwellings are allowed by right only in the second story above ground level, or higher stories of a multi-story building; multi-family dwellings are only allowed on the ground floor or in the basement under a special use permit.

    2.    If off site, outdoor advertising located in a Commercial District shall require a special use permit.

    3.    This excludes sexually oriented adult entertainment as defined in section 17.06.060 of this chapter.

    4.    Medical marijuana dispensaries are allowed within all Commercial Districts except Central Business Districts. See section 17.11.120 of this title for use conditions.

(Ord. 2125, 2019: Ord. 2123, 2018: Ord. 2057, 2015)

   A.   Permitted In Commercial Districts: Accessory uses customarily incidental to and associated with a principal use in a Commercial District are permitted in such district.

   B.   Accessory Conditions:

      1.   Accessory buildings shall meet the minimum building setback lines of the applicable district.

      2.   Signs in the Commercial District, whether accessory or principal uses, are subject to the use conditions of Use Unit 23.

   C.   Antenna Supporting Structures:

      1.   Antenna supporting structures which are accessory to a commercial use are permitted to be mounted on a commercial office building or a customary accessory building; provided, that it does not exceed sixty five feet (65') in height measured from the average ground elevation at the commercial building to the highest horizontal point of the antenna and antenna supporting structure and that the surface area of all such mounted antennas shall not exceed ten (10) square feet. Only one side having the largest surface area is to be calculated. These provisions do not apply to principal use antennas or to antennas which are accessory to uses requiring Planning Commission approval.

      2.   Structures other than a commercial building or customary accessory building which are used to support accessory antennas (including guylines) shall:

         a.   Be located in the rear yard only, and be limited to one such structure;

         b.   Not exceed sixty five feet (65') in height, measured from the average ground elevation at the commercial building to the highest point of the antenna and antenna supporting structure;

         c.   Not encroach upon the land or airspace of any abutting property; and

         d.   Not exceed twenty four inches (24") in width above twenty five feet (25') in height, exclusive of guylines. (Ord. 1953, 2010)

TABLE 1
BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS

 

 

 

Note:

    1.    Plus 2 feet of setback for each 1 foot of building height exceeding 15 feet, if the abutting property is within an RE, RS or RD District.

(Ord. 2058, 2015)

The special uses which may be permitted in Commercial Districts, as designated in section 17.06.020, table 1 of this chapter, are subject to minimum requirements as set forth below and such additional safeguards and conditions as may be imposed by the Planning Commission.

   A.   Except as provided above, all special uses shall comply with the bulk and area requirements of the use district in which located.

   B.   Drive-in restaurants are subject to the following requirements and conditions:

      1.   Eating establishments which encourage or permit substantial in car on premises consumption of food shall be permitted within Commercial Shopping Districts only in such locations as will not interfere with or detrimentally affect any adjoining or nearby residential properties.

      2.   All lighting shall be directed toward the proposed drive-in facility and away from any neighboring Residential Districts. Loudspeakers or paging systems will not be allowed.

      3.   Traffic circulation, including ingress and egress, shall be reviewed and approved by the Community Development Department.

      4.   The subject tract of land (proposed development site) shall have a minimum of one hundred fifty feet (150') of street frontage.

   C.   Uses included within the Use Units 15 and 20 where permitted by special use are subject to the following requirements:

      1.   The permitted uses will not interfere with or detrimentally affect adjoining or nearby residential properties.

      2.   Traffic circulation, including ingress and egress, shall be reviewed and approved by the Community Development Department.

      3.   The subject tract of land (proposed development site) shall have a minimum of one hundred fifty feet (150') of street frontage. (Ord. 1953, 2010)

   A.   Definitions: As used in this section:

   SEXUAL CONDUCT: Includes the following:

      1.   The fondling or touching of human genitals, pubic region, buttocks or female breasts.

      2.   Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy.

      3.   Masturbation.

      4.   Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 3 of this definition.

   SEXUALLY ORIENTED BUSINESSES: For the purposes of this zoning code:

    Adult Amusement Or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to "sexual conduct" or "specified anatomical areas", as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

    Adult Bookstore: An establishment wherein ten percent (10%) or more of its display area consists of books, films, videos, magazines, periodicals, games, novelties or other material which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas (hereinafter referred to as "sexually oriented materials").

      "Display area" as used herein shall be measured as follows:

         For bookstores, magazine racks and similar display devices, display area shall be calculated by multiplying the length times the width of such devices. If sexually oriented materials are mixed with non-sexually oriented materials in or on such devices, the entire device shall be considered as consisting of sexually oriented materials.

         For table tops, counters, display cases and similar display devices, display area shall be calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually oriented materials are mixed with non-sexually oriented materials in or on such surfaces, the entire surface shall be considered as consisting of sexually oriented materials.

         For walls, display area shall be the area of the wall enclosed by the smallest imaginary rectangle which contains each item.

      The display area of merchandise hanging or suspended from the ceiling shall be calculated multiplying the length and width of such devices.

    Adult Hotel Or Motel: A hotel or motel wherein material is presented, as part of the motel services, via closed circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

    Adult Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

    Adult Mini-Motion Picture Theater: An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

    Adult Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity.

    Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

    Adult Motion Picture Theater: An enclosed building or structure with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

    Sexual Encounters Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to, bathhouses, massage parlors and related and similar activities.

   SPECIFIED ANATOMICAL AREAS: Includes the following:

      1.   Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

      2.   Human male genitals in a discernable turgid state, even if completely and opaquely covered.

   B.   Prohibition: No person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any of the sexually oriented businesses as defined in subsection A of this section, in an area zoned other than CS. In addition, no person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of any of the sexually oriented businesses, as defined in subsection A of this section, within:

      1.   One thousand three hundred twenty feet (1,320') from any other sexually oriented business. The one thousand three hundred twenty feet (1,320') shall be measured in a straight line from the nearest point of the exterior wall of the portion of the building or structure in which a sexually oriented business is conducted, to the nearest wall of the portion of the building or structure in which another sexually oriented business is located.

      2.   One thousand feet (1,000') from a church, school which offers compulsory education curriculum, and public or private park. Church, school and public or private park as used herein shall mean all contiguous property owned or leased by a church, school, or public or private park upon which is located the principal building or structure, irrespective of any interior lot lines. The one thousand feet (1,000') shall be measured in a straight line from the nearest point of the exterior wall of the portion of the building or structure in which a sexually oriented business is conducted, to the nearest property line of the portion of the church, school, or public or private park. Provided, however, for a church use or school use located in a building principally used for commercial or office purposes (as in a shopping center), the one thousand feet (1,000') shall be measured nearest point of the building wall of the portion of the building used for church or school purposes.

      3.   Five hundred feet (500') from residentially zoned lot or nonmajor street providing direct access to a residentially zoned district. The five hundred feet (500') shall be measured in straight line from the nearest exterior wall of the portion of the building or structure in which a sexually oriented business is conducted, to the nearest property line of the residentially zoned property or to right of way line of the nonmajor street providing direct access to a residentially zoned district.

The establishment of a sexually oriented business shall include opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location of any uses described in this section.

Nothing in this zoning code is intended to make legal any business or activity that is expressly declared illegal under the provision of this code or other local code or state or federal laws. (Ord. 1953, 2010)

All CS and CG zoning districts shall be permanently screened from adjoining and contiguous agricultural and residential districts by an opaque wall or fence which shall be a minimum height of eight feet (8'), and constructed with all braces and supports placed inside the district boundaries. For this purpose, adjacent and contiguous shall not include any property separated from the commercial district by a public artery or collector. Adjacent and contiguous may, however, be considered when referring to a minor street that is oriented at the rear of the commercial structure. (Ord. 1953, 2010)