This chapter shall be known as and may be cited and referred to as the "Zoning Ordinance of the City of Perry".

This chapter is enacted for the purpose of encouraging the most appropriate use of land throughout the community and promoting the development of the community in accordance with a comprehensive plan.

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinance, the provisions of this chapter shall control. Terms and words are to be used and interpreted as defined in Section 12-205 of this chapter. The word "shall" be mandatory and not directory, except where the natural construction of the writing indicates otherwise.

This ordinance shall be in full force and effect in the corporate limits of the city. Territory annexed to the corporate limits of the city, subsequent to the effective date of this chapter shall immediately be subject of the provisions of this chapter and shall be deemed to be designated as single-family residential district until altered or reclassified in the manner provided by law. In case any portion of this chapter shall be held to be invalid or unconstitutional, the remainder of the chapter shall not thereby be invalid but shall remain in full force and effect. Any ordinance now in effect that conflicts with any provision of this chapter is hereby repealed.

For the purpose of these regulations, the following terms shall have the meanings respectively provided herein:

   1.   "Accessory use of structure" means a use or structure customarily incidental, appropriate, and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith;

   2.   "Agriculture" means the use of land for agricultural purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided that the above uses shall not include the commercial feeding of swine or other animals, stockyards or commercial feed lots for cattle;

   3.   "Alley" means a minor right-of-way dedicated to public use affording a secondary means of access to abutting property;

   4.   "Automobile or trailer sales area" means an open area, other than a street, used for the display, sales, or rental of new or used motor vehicles or trailers in operable condition;

   5.   "Automobile repair" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning;

   6.   "Automobile service station or filling station" means any area used for retail sale of gasoline or oil fuels or automobile accessories and incidental services including facilities for lubricating, and washing and cleaning, but not including the sale of butane or propane fuels;

   7.   "Automobile wash or automatic car wash" means a building or structure or chain conveyor, blowers, steam cleaners and other mechanical devices used primarily for the purpose of washing motor vehicles;

   8.   "Block", in describing the boundaries of a district, refers to the legal description. In all other cases, the work "block" refers to the property abutting on one side of the street between two (2) intersecting streets or between an intersecting street and a railroad right-of-way or between an intersecting street and a watercourse;

   9.   "Boarding house and rooming house" mean where meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns, and other such facilities;

   10.   "Board of adjustment" means the board of adjustment of the city, also referred to as the "board";

   11.   "Building" means any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals, or property;

   12.   "Building height" means the vertical distance of the highest points of the building;

   13.   "Building line" means a line established beyond which no part of a building shall project, except as otherwise provided by this chapter;

   14.   "Building principal" means a building or buildings in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the principal building on the building site;

   15.   "Bulletin board" means any sign announcing the activities of an educational, religious, institutional, or similar use;

   16.   "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes;

   17.   "Child care center" means any place, home or institution other than schools or churches which receives three (3) or more children under the age of sixteen (16) years for care apart from their natural parent, legal guardians or custodians, and received for regular periods of time for compensation;

   18.   "City Council" means the official governing body of the city;

   19.   "City planning commission" means the Perry City Planning Commission, as established by the statutes. The city planning commission shall also be the zoning commission for the city;

   20.   "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises;

   21.   "Club" means a nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise;

   22.   "Comprehensive plan" means the official city plan of the city; also refers to the specific document, "Comprehensive Plan of Perry, Oklahoma";

   23.   "Convalescent home" means a nursing home, a rest home, a home for the aged, recuperating, chronically ill, or incurable persons, in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury;

   24.   "Coverage" means the lot area covered by all buildings located thereon including the area covered by all overhanging roofs;

   25.   "Dwellings" means any building or portion thereof designed or used as a residence of one or more persons, but not including a tent, cabin, boarding or rooming house, hotel, or motel;

   26.   "Dwelling, single-family" means a building containing one dwelling unit and designed for or used exclusively by one family;

   27.   "Dwelling, two-family" means a building containing two (2) dwelling units and designed for or used exclusively by two (2) families; also includes the word "duplex";

   28.   "Dwelling, multi-family" means a building or portion thereof containing three (3) or more dwelling units and designed for or used by three (3) or more families; also includes the word "apartments";

   29.   "Dwelling unit" means a room or group of rooms arranged, intended, or designed as a habitable unit, containing kitchen, bath and sleeping facilities for not more than one family living independently of any other family;

   30.   "Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings;

   31.   "Family" means a person living alone or two (2) or more persons related by blood or marriage, living together as a single housekeeping unit, for culinary purposes, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel;

   32.   "Floor area" means the sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the center lines of walls separating two (2) buildings;

   33.   "Frontage" means the lineal measurement of a lot boundary which is abutting a street;

   34.   "Garage apartment" means a dwelling for one family erected as a part of a private garage;

   35.   "Garage, parking" means any building or portion thereof used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided;

   36.   "Garage, public or for repair" means the structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles;

   37.   "Garage, private" means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers;

   38.   "Home occupation" means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building; provided that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one non-illuminated name plate, not more than two (2) square feet in area, attached to the main or accessory building, and no mechanical equipment is used except such as is customarily used in purely domestic or household purposes. A tearoom, restaurant, rest room, clinic, barber shop, doctor's or dentist's office, childcare center, tourist home or cabinet shop, metal shop, lawn mower repair, or auto repair garage shall not be deemed a home occupation;

   39.   "Hotel" means a building or group of buildings containing six (6) or more sleeping rooms occupied or intended or designated to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation;

   40.   "Industry" means the storage, repair, manufacture, preparation or treatment of any article, substance, or any commodity for commercial use;

   41.   "Institutional uses" means those uses organized established, used, or intended to be used for the promotion of a public, religious, educational charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis;

   42.   "Junk or salvage yard" means a place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed disassembled or handled, including all wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations;

   43.   "Kennel" means any structure or premises on which three (3) or more dogs are kept;

   44.   "Loading space" means a space on the same lot as the principal use of at least ten (10) feet in width and thirty (30) feet in length and having a vertical clearance of at least fourteen (14) feet, designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials;

   45.   "Lot or parcel" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having access on a public street;

   46.   "Lot, corner" means a lot which has at least two (2) adjacent sides abutting on a street;

   47.   "Lot, depth" means the horizontal distance between the front and rear lot lines;

   48.   "Lot, double frontage" means a lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot;

   49.   "Lot, interior" means a lot other than a corner lot;

   50.   "Lot, line" means any boundary of a lot;

   51.   "Lot line, front" means the boundary of a lot which abuts a public street, where the lot abuts more than one street, the owner may select the front lot line;

   52.   "Lot line, rear" means the boundary of a lot which is most distant and most nearly parallel to the front lot line;

   53.   "Lot line, side" means any boundary of a lot which is not a front lot line or a rear lot line;

   54.   "Lot, wedge shaped" means a lot situated so that the front is either wider or narrower than the rear of the lot;

   55.   "Lots of record" means a separate and distinct parcel designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of Noble County, State of Oklahoma;

   56.   "Mean lot elevation" means the average elevation of a lot;

   57.   "Medical facilities" means:

   a.   Dental or medical clinic or doctor or dentist offices: A building used for the examination and treatment of the physically ill;

   b.   Hospital: An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities;

   c.   Nursing homes, rest, or convalescent homes; and

   d.   Public Health Center: A facility primarily utilized by a health unit for providing public health services, including related facilities;

   58.   “Mobile Home” means a manufactured, detached structure not meeting the one-and two-family structure requirements of the building code, but which is originally designed, constructed, and used for long-term occupancy as a complete single-family dwelling, is mounted on a permanent chassis with wheels attached thereto which is transportable in one or more components or two (2) or more units separately towable but designed to be joined into one integral unit, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on piers or permanent foundations, skirting, connection to utilities and similar operations. Mobile homes shall have a steel frame and are tied down with straps and rest on blocks or similar foundation, footing or stem wall. Motor Homes, Travel trailers and Camping trailers are not deemed Mobile Homes for the purpose of this Section (See Section 12-205.58 and Section 12-222).

   59.   "Mobile home park" means a parcel of land which has been planned and improved for placement of mobile homes to be occupied as residences;

   60.   "Mobile home lot" means a portion of a mobile home park allocated to the exclusive use of the occupants of a single mobile home;

   61.   "Motel" means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities;

   62.   "Open space" means an area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices and eaves of porches;

   63.   "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the ceiling next above it;

   64.   "Street" means a public right-of-way which provides the primary public means of access to abutting property and used primarily for vehicular circulation;

   65.   "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams, or girders;

   66.   "Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways, and similar improvement area);

   67.   "Trailer" means a portable or mobile unit, other than a mobile home, used or designed to carry or transport material or animals;

   67A.   “Recreation Vehicle” means all vehicles and portable structures built on a chassis, designed as a temporary or permanent dwelling for travel, recreational, and vacation use, including but not limited to travel trailers, camping trailers, motor homes and toy haulers. Recreation Vehicles shall be permitted in a mobile home park. The Recreation Vehicle must be capable of be towed or movement under its own power. Wrecked, damaged or dilapidated Recreation Vehicles shall not be permitted within the City if the Building Official shall determine if a Recreation Vehicle is damaged or dilapidated to a point which makes said Recreation Vehicle unfit for human occupancy on either a temporary or permanent basis. At a minimum, all Recreation Vehicles used for temporary or permanent dwelling purposes shall contain an operable sink, shower, and toilet;

   68.   "Yard" means a required space on a lot unobstructed except as expressly permitted;

   69.   "Yard front" means a yard extending across the full width of a lot from side lot line to side lot line abutting on a street, into which a building may not protrude;

   70.   "Yard rear" means a yard extending across the rear of a lot measured from side lot line to side lot line; and

   71.   "Yard side" means a yard extending from front yard to the rear yard abutting the side lot line, into which no building may protrude.

   72.   Zero Lot line shall mean the location of a building on a lot in such a manner that one of the building’s sidewalls rests directly on a lot line.

For the purpose of this chapter and the promotion of public health, safety and general welfare of the community, the following districts are hereby established for the city:

   A.   A-G agricultural district;

   B.   R-G residential district;

   C.   R-1 single-family residential district;

   D.   C-O commercial office district

   E.   C-1 commercial zoning district

   F.   C-2 general commercial zoning district

   G.   C-3 commercial business district

   H.   C-4 planned commercial district

   I.   C-5 planned commercial district

   J.   I-1 industrial district

   K.   I-2 industrial district

   L.   SU special use district

   M.   PUD planned unit development district

Note: Amended by Ordinance No. 2025-1 approved on January 6, 2025.

The locations and boundaries of the zoning districts shall be as provided in the “Zoning Map of the City of Perry, Oklahoma” (“Zoning Map”), dated the 15th day of August 2011, which Zoning Map is hereby attached, incorporated as a part of this chapter and on file in the Office of the City Clerk.

The boundaries of a zoning district shall extend to a center line of abutting streets, regardless of the legal description used in establishing such districts. In the event of uncertainty in the exact boundaries of any of the districts as shown on the "Zoning Map of the City of Perry" the planning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the board of adjustment, and the board of adjustment shall make the final determination.

It shall be the duty of the zoning administrator to maintain an up-to-date official "Zoning Map of the City of Perry, Oklahoma", including all amendments directly adopted by the City Council.

   Whenever the term "Perry Family Friendly District" is used in this municipal code, it shall refer to the real property and buildings embraced within the following legal description:

All of Lots One (1) and Two (2) in Block Nine (9), in the ORIGINAL TOWNSITE OF PERRY, County of Noble, State of Oklahoma, according to the recorded Plat thereof, and

Beginning at the Southeast corner of the intersection of Fir Street and Eighth Street, thence South to the Northeast corner of the Intersection of 8th Street and Ash Street, thence East to the intersection of Ash Street and the Burlington Northern Sante Fe Railroad Right-of-Way, thence Northeast along the west boundary line of the Burlington Northern Sante Fe Railroad right-of-way to the intersection of the west boundary line of the Burlington Northern Sante Fe Railroad right-of-way and the Alley running East and West and lying between Fir Street and Grove Street, thence West to 8th Street, thence South along 8th Street to the point of beginning which is the Southeast corner of the intersection of Fir Street and Eighth Street and as further shown on a map on file in the Office of the City Clerk and incorporated herein by reference.

No land, building structure, or improvement 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, coverage, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by Article 2, Division 4, entitled “Non- conformities”.

   A.   No building, structure, or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this chapter; provided, however, that surfaced parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the front yard of a lot in a residential district.

   B.   An improved lot shall not hereafter be divided into two (2) or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which located.

Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

   A.   No more than one commercial vehicle, which does not exceed two and one-half (2 ½) tons rated capacity, per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products to be permitted;

   B.   Except as otherwise provided by Section 12-264, no more than one camping or Recreation Vehicle or hauling trailer per family living on the premises shall be permitted. A camping or Recreation Vehicle shall not be occupied permanently while it is parked or stored in any area within the incorporated limits, except in a mobile home or trailer park authorized under the ordinances of the city, except as provided for in Section 12-223;

   C.   A mobile home shall be parked or stored only in a mobile home park or as provided by Section 12-247.

Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of the vehicles or in such industrial districts allowing the manufacture; provided, however, the vehicles may not be used for dwelling purposes either temporarily or permanently, except as provided in Section 12-247, or in a mobile home park authorized under this Code, or in a Recreation Vehicle Park authorized by Section 12-264 .

When the provisions of this chapter require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:

   A.   Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation;

   B.   Shall not be less than five (5) feet nor more than eight (8) feet in height; and

   C.   Shall be constructed with all braces and supports on the interior.

The screening wall or fence shall be maintained by the owner of the zoning lot containing the use requiring the construction of the screening. Failure to maintain after notice by the zoning administrator shall constitute an offense hereunder.

No structure or use in any district shall be erected or commenced which does not have a connection to the public sewer system, unless and until the county public health officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, the public health officer may require such percolation tests as he deems to be necessary. Such tests are to be made at the expense of the property owner.

The term "parking space," as used in this Division, shall mean a parcel of land or a stall Two Hundred (200) square feet in area, exclusive of drives, lanes or aisles, provided with an unobstructed access thereto from a public street, alley or other open space approved by the city.

In all residential, commercial and industrial use districts, parking space, as defined herein, shall be provided and maintained as accessory to every principal use, building or structure enumerated in this Division, whenever the principal use, building or structure is hereafter erected or enlarged.

For buildings or structures containing more than one occupancy use, the total number of parking spaces required shall be the sum of the number of parking spaces for each individual occupancy or use. Such parking space shall be provided for any principal use, building, or structure, in compliance with the following schedule of requirements:

   A.   Assembly halls, convention halls, exhibition halls, auditoriums, lecture halls, theaters, stadiums, and any other places of indoor or outdoor assembly: Parking spaces required: One for each four (4) fixed seats, or one for each sixty (60) square feet of assembly floor space where the seats are not fixed, with a minimum of four (4).

   B.   Automobile washing stations, parking spaces required: Four (4) reserve spaces per washing stall.

   C.   Automobile service stations, parking spaces required: One for each thousand (1,000) square feet of gross lot area, with a minimum of two (2).

   D.   Barber shops and beauty shops, parking spaces required: Two for each chair, with a minimum of two (2).

   E.   Bowling alley, parking spaces required: Four (4) for each lane, plus one per three hundred (300) square feet of gross floor area used for other purposes.

   F.   Childcare centers or nursery schools, parking spaces required: Two (2) for each three (3) employees, plus one for each six (6) children that the center is licensed to accommodate.

   G.   Churches, or places of worship, parking spaces required: One for each five seats, at maximum capacity, with a minimum of four (4).

   H.   Cleaners, automatic self-help, parking spaces required: One for each two (2) washing or cleaning machines, or one for each one hundred (100) square feet of gross floor area, whichever is the greater.

   I.   Drive-in windows, parking spaces required: Four (4) reserve spaces per Drive-in window.

   J.   Dwellings, parking spaces required:

   1.   Single-family, one per bedroom with a minimum of two (2).

   2.   Multiple-family, two (2) per unit in the dwelling with a minimum of four (4).

   K.   Group Home: A group home is a facility, licensed by the State of Oklahoma, providing housing services to persons with developmental disabilities. For purposes of zoning, a Group Home providing housing services to five (5) or fewer persons not including staff, shall be considered a single family. One off- street parking space for each staff member calculated on the basis of the maximum on duty at any one time, and one parking space for each four residents.

   L.   Home occupation, parking spaces required: One (1) in addition to the space required for such residential dwelling.

   M.   Hotels, transient, parking spaces required: One per thousand (1,000) feet of gross floor area, or one per bedroom, whichever is the greater.

   N.   Libraries and art galleries, parking spaces required: One for each one hundred (100) feet of floor area with the minimum of two (2).

   O.   Manufacturing, warehousing, or wholesaling, parking spaces required: Three-fourth space per each employee, calculated on the basis of maximum employees on duty at any one time.

   P.   Medical clinics, parking spaces required: One for each one hundred fifty (150) feet of gross floor area, with a minimum of three (3).

   Q.   Mortuaries and funeral homes, parking spaces required: One for each one hundred (100) square feet of gross floor area, or one for each three (3) seats in assembly area, whichever is greater, with a minimum of three (3).

   R.   Motels, parking spaces required: One per sleeping room.

   S.   Office buildings, parking spaces required: One for each four hundred (400) square feet of gross floor area, with a minimum of four (4).

   T.   Passenger stations, parking spaces required: Two (2) per one hundred (100) square feet of waiting area.

   U.   Private clubs, parking spaces required: One for each four (4) seats provided for customer use, plus one per employee.

   V.   Public housing (low income), parking spaces required: One per dwelling unit with a minimum of two (2).

   W.   Retail stores, parking spaces required:

   1.   Retail stores either free standing or in a shopping center of less than 25,000 square feet parking spaces required: One for each two hundred (200) square feet of floor area (unless otherwise specifically mentioned herein).

   2.   Retail shopping centers having gross leasable area of over 25,000 square feet, parking spaces required: 4.5 for each 1000 square feet of gross leasable area (One for each two hundred twenty-two square feet of floor area).

   X.   Restaurants, parking spaces required: One for each four (4) seats provided for customer use, plus one per employee.

   Y.   Rest homes, philanthropic, rooming homes, asylums, hospitals, sanitariums, parking spaces required: One for each (4) beds, or one for each bedroom, whichever is greater, with a minimum of four (4).

   Z.   Rooming or boarding houses, one for each two hundred (200) square feet of gross floor area, or one per bedroom, whichever is greater, with a minimum of four (4).

   AA.   Schools, parking spaces required:

   1.   Elementary or junior high, one for each classroom and two (2) for each office, with a minimum of four (4).

   2.   Other schools, a maximum combination of two (2) for each classroom, plus one for each five (5) auditorium seats, with a minimum of four.

   BB.   Parking for physically disabled for business or industrial districts: One space for each 25 spaces provided with a minimum of one or otherwise provided by the City's building code.

The development and maintenance of the premises for the parking of motor vehicles shall be in compliance with the following:

   A.   Parking spaces as regulated herein shall not be reduced in number or size.

   B.   In all off-street parking areas containing more than three (3) parking spaces, ingress and egress shall be provided in a manner that will prevent vehicles from backing directly into the traffic lanes of any highway or major arterial.

   C.   Parking places shall be surfaced in accordance with specifications approved by the City Council to prevent the raising of dust.

   D.   All lights used to illuminate such parking spaces shall be installed to prevent glare into abutting property.

   E.   Required parking spaces for property used for residential purposes shall be located on the same lot as the principal building or upon an adjoining lot. Required parking places for property other than that used for residential purposes shall be located on the same lot as the principal building or on an adjoining lot, except that if insufficient space exists on the same adjoining lot, all or any part of the required parking spaces may be located in any area which permits parking, within three hundred (300) feet of the principal building measured along lines of public access from the nearest boundary of the parking area to the principal building entrance without crossing an arterial street, provided that the location and plan of operation of said parking area shall be approved by the governing body after due hearing and provided further, that a copy of such approval together with any conditions or limitations attached thereto, shall be recorded with the county register of deeds, and shall be covenant running with the land as long as the uses of the premises require the parking. For the purpose of this article, lots separated only by an alley, easement, or street, shall be considered as adjoining lots.

   F.   Land designated as the required parking area shall be considered as a part of the site of the principal building and the certificate of occupancy for any such principal building shall be valid only during such time as the required number of parking spaces are provided in accordance with this article, and where the parking spaces are on adjoining or other lots other than the one upon which the principal use is located, the certificate of occupancy shall so state and shall be recorded in the office of the register of deeds of the county.

   G.   Joint use of required parking space by non-conflicting uses is to be encouraged and shall be permitted provided that the maximum parking demands of joint uses occur at non-overlapping times. Joint use parking facilities may carry a zoning designation of either principal use.

   (1)   Paving. All commercial and public off-street parking areas, aisles, and access driveways shall be permanently paved with hard surfaced pavement. The requirement of hard surfacing may be waived by the City Council in certain storage areas or low traffic access isles if it is determined that the public convenience, health or safety is not affected. Such areas must however be surfaced with four (4) inches of gravel on a four-inch base of stabilized subgrade or the equivalent thereto, which has been approved by the City Street Commissioner. All portions of commercial and public access driveways on public right-of-way connected to paved streets for which the grade has been established must be permanently paved with hard-surfaced pavement and comply with all City codes relating to driveway construction. See Paving Specifications for the City of Perry for details. Permanent hard-surfaced pavement shall mean a surface covering which shall meet or exceed the following minimum standards:

   (a)   Two (2) inches of hot asphaltic concrete on a four- inch base of stabilized aggregate or the equivalent thereto, which has been approved by the City Manager or designee.

   (b)   Four (4) inches of Portland cement concrete on a two- inch sand cushion base or the equivalent thereto, which has been approved by the City Manager or designee.

   (c)   All portions of access driveways on public right-of-way: Six (6) inches of Portland cement concrete on a three-inch sand cushion or the equivalent thereto, which has been approved by the City Manager or designee.      

   (2)   Striping. Hard surfaced off-street parking areas shall be designed to provide systematic and orderly circulation, traffic separation devices, and parking spaces in accordance with this section and with sound traffic engineering practices.   

   (a)   No striping shall be required on lots having only single-family, duplex, triplex or four-plex residential structures. Such parking shall have a minimum of two hundred (200) square feet provided for each parking space.

   (b)   All off-street parking spaces and means of ingress and egress requiring striping shall be laid out on the parking surface with minimum four inch (4”) wide paint or plastic striping which provide a permanent delineation between spaces, aisles, and surrounding structures and land.

   (3)   Dimensions: The following minimum standards shall be followed for all hard-surfaced parking areas.

AT VARIOUS ANGLES WITH ONE-WAY AISLES

 

 

AT VARIOUS ANGLES WITH TWO-WAY AISLES

 

 

A.   Stall Angle   

B.   Stall Width   

C.   Vehicle Projection for 18’ Stall Length

D.   Curb Length per car

E.   Aisle Width

F.   Wall to Wall Width for Double Aisle

G.   Overlap Center to Overlap Center Width for Double Aisle

PARKING LAYOUT DIMENSIONS
(MINIMUM STANDARDS)
AT 0 AND 90 DEGREE ANGLES

 

 

 

 

   A.   Stall Angle

   B.   Curb Length Per Car

   C.   Stall Width

   D.   Aisle Width

   E.   Vehicle Projection for 18’ Stall Length

   F.   Wall to Wall Width for Double Aisle

   (6)   Clearance:

   (a)   There shall be a minimum vertical clearance free of all obstructions to a height of eight (8) feet for all portions of any off-street parking space, except when off-street parking spaces are provided in a parking structure, a residential garage or carport. No obstruction shall project into this minimum clearance.

   (b)   There shall be no obstruction within or near the bounds of any required off-street parking space which would interfere with the normal availability and use thereof.

   E.   Handicapped Parking.

   (1)   Parking spaces for vehicles with handicapped drivers shall be provided in accordance with the following table. Said spaces shall be included in the computation of required spaces as specified by this section.

HANDICAPPED PARKING SPACES

 

   (2)   Each and every required handicapped parking space shall be posted by the display of a standard international handicapped wheelchair symbol sign or legend not less than twelve (12) inches by eighteen (18) inches in size permanently mounted above ground immediately in front of said spaces not more than eight (8) feet from the parking surface to the bottom of the sign.

   (1)   Paving. All residential off-street parking areas, aisles, and access driveways shall be permanently surfaced with appropriate material so as to prevent the raising of dust and pooling of water. The requirement of surfaced access driveways may be waived by the City Council in areas not designated for development and in other areas if it is determined that the public convenience, health, or safety is not affected. Otherwise, all portions of residential access driveways connected to paved streets for which the grade has been established must be permanently surfaced and comply with this code. All portions of access driveways on residential public right-of-way having curbed streets shall conform to (c) or (d) below and shall otherwise conform to the standard curb opening in the paving specifications for the City of Perry.

   Permanent surfacing shall mean a surface covering which is sloped and drained so as to prevent standing pools of water and which shall meet or exceed the following minimum standards:

      (a)   Four (4) inches of compacted screenings on a four-inch base of stabilized subgrade or the equivalent thereto, which has been approved by the City Manager or designee or

      (b)   Four (4) inches of gravel contained by timbers or other curbing around its perimeter on a four-inch base of stabilized subgrade or the equivalent thereto, which has been approved by the City Manager or designee or

      (c)   Two (2) inches of hot asphaltic concrete on a four-inch base of stabilized aggregate or the equivalent thereto, which has been approved by the City Manager or designee or

      (d)   Four (4) inches of Portland cement concrete on a two-inch sand cushion base or the equivalent thereto, which has been approved by the City Manager or designee.

   (2)   Separation from Adjoining Property: All off- street parking areas, aisles, and access driveways shall have concrete header curb, bumper, landscape timbers or otherwise designed so that vehicles do not overhang adjacent property and so that entering and exiting vehicles do not require access or overhang onto adjoining property. The driveway turn radius shall not be in front of adjacent property without the written permission of the adjacent property owner.

   (3)   Required area for parking space: In all parking areas not requiring striping, a minimum of two hundred (200) square feet shall be provided for each parking space.

   A.   Notwithstanding any provision to the contrary found in the Perry Municipal Code 2022, as amended, front yard and rear yard carports (hereinafter collective referred to as "carports") that meet the terms of this section shall be administratively approved, after filing an application and paying the applicable permit fee, when placed in an A-G Agricultural District, R-G Residential District and/or a R-l Single-Family Residential District". A carport shall:

      1.   Not exceed 400 hundred square feet;

      2.   Be set back at least five (5) feet from the near edge of the adjacent sidewalk, if any, and at least ten (10) feet from the curb, or edge of roadway if no curb is present; provided in any event, the setback shall be at least five (5) feet from the front right of wav line. In addition, with respect to properties served by alleys, carports placed in the rear of the property, such carports shall be setback at least two (2) feet from rear property line.

      3.   Meet the same side setbacks as the principal use;

      4.   Not have side panels or screens in the area between grade level and sixty (60) inches above grade level but may have one enclosed side only if the enclosed side is a shared wall with a principal or accessory structure;

      5.   Not interfere with sight distance;

      6.   Be anchored according to the manufacturer's specifications; provided however, if the manufacturer provides no specifications for anchoring, the carport shall be anchored to concrete piers extending at least thirty (30) inches below grade;

      7.   Not jeopardize the health and safety of adjacent property, people, and users of the City's rights-of-way, including but not limited to, public and private utility infrastructure, public works infrastructure, pedestrians and drivers.

      8.   Not be:

         a.   Clad in unpainted or galvanized metal;

         b.   Made of non-durable and/or flexible materials, including but not limited to, canvas, plastic, polyester or other tent-like materials.

         c.   Used for open storage of materials in violation of Section 8-412 of the Perry Municipal Code, 2022, as amended.

   B.   Pre-made carports that are less than two hundred (200) square feet are exempt from building permits but shall follow all other provisions of this section.

   C.   All lawfully existing carports in place at the time this section is adopted are deemed legal non-conforming use; provided, if the carport is ever moved or removed from its current location, it must come into compliance with the section.

   Notwithstanding any provision in this municipal code to the contrary, this section shall apply throughout the corporate limits of the City of Perry and in every zoning district contained therein:

   A.   DEFINITION. For purpose of this section, the following words shall have the meaning ascribed to it:

   Power-Generation Tower or Structure shall mean any tower or structure constructed, erected or set upon the ground or attached to something having a permanent location on the ground, the purpose of which is to generate and supply power, through the assistance of a renewable energy source, to be utilized by an existing principal residential or nonresidential use of the property on which it is situated. A power-generation structure shall be deemed to include all structural and mechanical components thereof. Nothing herein shall be construed or deemed to authorize the construction or use of any such tower or structure in the absence of compliance with any applicable ordinances, building or electrical codes, tariffs, contracts, utility regulations or State or Federal requirements or statutes of any nature.

   B.   Power-Generation Towers Or Structures may not exceed the height limitation of the district in which located, and in addition shall be placed in such manner that there shall be a distance from the base of the tower or structure to all property lines greater than the height of the tower or structure as measured from the base thereof to its highest point, to include height added by any blade in a vertical position if the power- generation tower or structure is wind-motivated, so that should said tower topple over it shall come to rest wholly within the confines of the property on which it is emplaced. All such towers and structures may not be attached or affixed to any residential structures.    

   C.   The owner of the property upon which any Power-Generating Tower Or Structure is proposed, shall provide to the City written authorization giving City employees the right to enter the subject property whenever deemed necessary by the City for the purpose of inspection of the structure, its supports and components for structural stability and integrity; provided, that any such right-to-enter shall not be deemed to relieve the owner of any of his duties under law, nor shall it be deemed to impose upon the City any obligations under law not existing prior to the execution of any such right-to-enter.    

   D.   Solar panels may be placed on roofs of structures of the owners using the electric power generated, pursuant to the permitting process provided in subsection E and relevant resolutions of the City or its authority, and no solar panels shall be erected on empty lots (solar farms) or on the front or side yards of any lot visible from the street.   

   E.   No Power-Generating Tower or Structure or Solar Panel shall be placed within the City of Perry without filling out the application at City hall permitting its erection and placement and full compliance with this section and all other provisions contained in this municipal code. The permit fee shall be One Hundred Dollars ($100.00).   

Note: This section was added as Ordinance No. 2017-10 approved on March 6, 2017.

   The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   “Employee” means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is considered an employee, independent contractor, agent or otherwise. Whether or not such person is paid salary, wages, tips, or other compensation by the operator or by the customers of such business shall not change the defined status as an “employee”. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to or the removal of waste from the premises.

   “Escort” means a person who, for wage, fee, tip, or other consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

   “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.

   “Establishment” means and includes any of the following:

   1.   The opening or commencement of any sexually oriented business as a new business;

   2.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

   3.   The addition of any sexually oriented business to any other existing sexually oriented business as defined under this Division; or

   4.   The relocation of any sexually oriented business.

   “Licensee” means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

   “Nude model studio” means any place where a person who appears in a state of nudity or semi-nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include (a) a proprietary school licensed by the State of Oklahoma or a college, junior college or university supplied entirely or in part by public taxation; (b) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or (c) in a structure:

   1.   That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

   2.   Where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

   3.   Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.

   “Nudity or “a state of nudity” means the showing of the human genitals, pubic area, vulva, anus, anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernibly turgid state.

   “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

   “Sexual encounter center” means a business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:

   1.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

   2.   Contact activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity.

   “Sexually oriented arcade” means any place to which the public is permitted or invited wherein coin-operated, token-operated, or for any form of consideration, or electronically. electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

   “Sexually oriented bookstore”, “novelty store” or “video store” mean a commercial establishment which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

   1.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

   2.   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as a sexually oriented bookstore, novelty store, or video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented bookstore, novelty store or video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas ." Provided that if such materials are rented for use on site, the business shall be considered either a sexually oriented arcade or a sexually oriented theater.

   “Sexually oriented business” means any arcade, bookstore, novelty store, video store, cabaret, motel, theater, escort agency, nude model studio, sexual encounter center, or other business where live performances or recorded media in any form, or various devices are used or made available, for any consideration, to patrons for use in or viewing of specified criminal activity or specified sexual activity.

   “Sexually oriented cabaret” means a nightclub, bar, restaurant, auditorium, concert hall, or similar commercial establishment which regularly features:

   1.   Persons who appear in a state of nudity or semi-nudity; or

   2.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Provided that the provision of films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," in addition to live entertainment shall not change this classification of business.

   “Sexually oriented motel” means a hotel, motel, or similar commercial establishment which:

   1.   Offers accommodations to the public for any form of consideration, and (i) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and (ii) has a sign visible from the public right-of-way which advertises the availability of this adult type of graphic reproductions;

   2.   Offers a sleeping room for rent for a period of time that is less than ten (10) hours: or

   3.   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

   “Sexually oriented theater” means a commercial establishment designed to accommodate audiences of more than five (5) persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

   “Specified anatomical areas” means:

   1.   The human genitals in a discernibly turgid state even if completely and opaquely covered; or

   2.   Less than completely or opaquely covered human genitals, pubic area, vulva, anus, or anal cleft.

   “Specified criminal activity” means any of the following offenses:

   1.   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; regardless of how denominated, any offense for which a convicted person must register as a sex offender; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other cities, states or countries;

   2.   For which:

      a.   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor or an offense:

      b.   Less than ten (10) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

      c.   Less than ten (10) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of (A) two (2) or more misdemeanors, or (B) any offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

      d.   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

   “Specified sexual activities” means any of the following:

   1.   The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, vulva, or breasts;

   2.   Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or anal copulation:

   3.   Excretory functions as part of or in connection with any of the referenced specified sexual activities.

   4.   Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or as related to, any of the specified sexual activities.

   “Substantial enlargement of a sexually oriented business” means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the date the ordinance codified in this chapter takes effect or the date of the most recent permit.

     “Transfer of ownership or control of a sexually oriented business” means and includes any of the following:

   1.   The sale, lease, or sublease of the business;

   2.   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

   3.   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

   A.   Sexually oriented businesses shall only be permitted in a C-2 General Commercial Zoning District and/or C-4 Planned Commercial District, but subject to a use by review application and approval, and shall not be permitted within the Perry Family Friendly District or within one thousand (1,000) feet of:

      1.   Any building primarily and extensively used for worship services and religious activities;

      2.   Any public or private school;

      3.   Any public park or playground; or

      4.   Any public library.

Provided, that if any such building used for worship and religious activities, any public or private school, any public park or playground, or any public library shall be established within one thousand (1,000) feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect. The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the sexually oriented business along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

   B.   No person shall operate a sexually oriented business in this city without first providing the following information and documents and obtaining a separate valid sexually oriented business operator license as set forth herein. Such license shall be for a one-year period (January 1 through December 31) and may be renewed annually and such information and documents required herein shall be updated annually as part of this renewal process. This sexually oriented business operator license shall be additional and supplemental to, and not in substitution of, any other requirements imposed by the city, county, state, or federal government to obtain a business license or any other required license or permit.

      1.   Any person who wishes to operate a sexually oriented business shall be at least eighteen (18) years of age and shall complete and sign the application for a license as an applicant. If a person other than an individual wishes to operate a sexually oriented business, all persons legally responsible for the operations of the sexually oriented business or who have power to control or direct its operations must each sign the application for a license as applicant. Such persons include, but are not limited to, general partners, corporate officers, corporate directors, and controlling shareholder(s). Each application must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.

      2.   Additionally, any person wishing to operate a sexually oriented business shall also provide the following information and accompanying documents as required with the application:

         a.   Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in Section 12-235 and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each conviction. If the applicant does not specify whether the offense was a felony or a misdemeanor, the city shall treat the conviction as it would most likely be defined in Oklahoma. Misdemeanors under state law and offenses under municipal law shall all be considered to be misdemeanors.

         b.   Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county that was denied, suspended or revoked; in these events, applicant shall identify the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

         c.   Whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Division whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

      d.   Whether the applicant, or a person residing with the applicant holds any other licenses under this Division or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

   3.   A sexually oriented business operator license shall be issued for only one (1) type of sexually oriented business as defined in this division.

   4.   A sexually oriented business operator license shall be issued only for one (1) sexually oriented business located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one (1) sexually adult business must have a license for each.

   5.   The applicant shall provide information ensuing compliance with the additional operating requirements set forth in Section 12-238.

   6.   Within thirty (30) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

      a.   An applicant is under eighteen (18) years of age.

      b.   An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business.

      c.   An applicant has failed to provide accurate information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

      d.   An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twenty-four (24) months or whose license to operate a sexually oriented business has been revoked within the preceding twenty-four (24) months.

      e.   An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this Division and within the time frames set forth above.

      f.   An applicant or a person with whom the applicant is residing is under some form of probation or parole as a result of "specified criminal activity" or must register as a sex offender.

      g.   The premises to be used for the sexually oriented business have not been approved by the County Health Department, Fire Department, and the Community Development Department as being in compliance with applicable laws and ordinances.

      h.   The license fees required by this Division have not been paid.

      i.   An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this Division.

   7.   If the city denies an operator's license application or the renewal of such a license, the applicant shall not be issued a license for one (1) year from the date of denial.

   8.   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the type of sexually oriented business (as defined in this Division) for which the license is issued. All business licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

   A.   Every application for a sexually oriented business operator license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in the amount of five hundred dollars ($500.00).

   B.   In addition to the application and investigation fee required above, every sexually oriented business that is granted a separate operator license (new or renewal) shall pay to the city an annual nonrefundable license fee in an amount of one thousand dollars ($1,000.00) within thirty (30) days of license issuance or renewal.

   All sexually oriented business operator license holders shall comply with the following additional regulations as applicable:

   1.   Sexually oriented motels.

      a.   Evidence that a sleeping room in any hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Division.

      b.   A person commits an offense if, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the same room is rented or sub-rented again.

      c.   For the purpose of subsection b. of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

   2.   Exhibition of sexually explicit films, videos, or live entertainment in viewing rooms.

      a.   A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

         (1)   Upon application for a sexually oriented operator license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. A professionally prepared diagram in the nature of an engineer's or architect's blueprint under seal shall be required. Each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus three (3) inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

         (2)   No alteration in the configuration or location of the manager's station may be made without the prior approval of the city.

         (3)   It is the duty of the licensee of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

         (4)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain exhibition equipment or live entertainment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

         (5)   It is the duty of the licensee to ensure that the view area specified above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

         (6)   It is the duty of the employee on duty at the manager's station to ensure that no violations of law involving specified criminal activity, specified sexual activity, or the distribution of controlled substances occur inside the business premises.

         (7)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5) foot-candles as measured at the floor level.

         (8)   It is the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

         (9)   No licensee shall allow openings of any kind to exist in the walls or partitions between viewing rooms or booths.

         (10)   No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

         (11)   The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

         (12)   The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

         (13)   The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.

      b.   Any person having a duty identified above commits an offense if he or she knowingly fails to fulfill that duty.

   3.   Escort agencies.

      a.   An escort agency shall not employ any person under the age of eighteen (18) years.

      b.   A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

   4.   Nude model studios.

      a.   A nude model studio shall not employ any person under the age of eighteen (18) years.

      b.   A person under the age of eighteen (18) years commits an offense if the person appears in a state of nudity or semi-nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

      c.   A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises, which can be viewed from the public right-of-way.

      d.   A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

   5.   Public nudity prohibited.

      a.   It is an offense for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

      b.   It is an offense for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least five (5) feet from any patron or customer and on a stage raised at least two (2) feet higher than the adjacent floor.

      c.   It is an offense for an employee, while semi-nude in a sexually oriented business. to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity directly to any employee while such employee is semi-nude in a sexually oriented business.

      d.   It is an offense for an employee, while semi-nude, to touch a customer or the clothing of a customer.

   6.   Prohibition against children in a sexually oriented business. A person commits an offense if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business.

   7.   Hours of operation. No sexually oriented business, except for a sexually oriented motel, may remain open at any time between the hours of 11:00 p.m. and 9:00 a.m. on weekdays and Saturdays. No sexually oriented business, except a sexually oriented motel, may remain open at any time on Sundays.

   A.   The terms "sexually oriented business" or "nudity" shall not be construed to include an activity conducted or sponsored:

      1.   By a proprietary school, licensed by the State of Oklahoma, or a college, junior college, or university supported entirely or partly by taxation; or

      2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation;

   B.   When any such activity conducted or sponsored by an entity identified above is situated in a structure:

      1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

      2.   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

      3.   Where no more than one (1) nude model is on the premises at any one time.

Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter.

In any district in which a lot exists of record at the effective date of the adoption or amendment of this chapter which does not conform in size or area to the provisions of this chapter, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of this chapter, provided that such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such structure may be enlarged or altered in a way which increases its nonconformity; and

   B.   Should such structure be destroyed by any means to an extent of more than ninety-five percent (95%) in value, it shall not be reconstructed except in conformity with the provisions of this chapter.

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

   B.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building;

   C.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming uses may not thereafter be resumed, except as provided in this chapter;

   D.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; and

   E.   Where nonconforming use status applies to a structure and premises in combination, removal or intentional destruction of the structure shall eliminate the nonconforming status of the land.

   A.   Where, at the effective date of adoption or amendment of this chapter, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

   B.   If any such nonconforming use of land ceases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

A nonconforming use of a structure, or of a structure and land in combination, shall not be changed to a different nonconforming use unless changed to a use permitted in the district in which located; except that the board of adjustment may permit a change to a different nonconforming use and such change shall be construed as an abandonment of the former permitted nonconforming use.

   A.   General Description. The purpose and intent of these regulations is to establish and provide minimum acceptable standards, requirements, and regulations for the planned use and maintenance of mobile, manufactured and modular homes within the corporate limits of the city, in the interest of health, safety, and general welfare. The standards, requirements, and regulations as herein provided are intended to encourage mobile home use and maintenance in a manner providing for safe and sanitary living conditions and convenience for its occupants and neighbors. It is further intended to discourage any use which would create additional requirements and costs for public services which would be in excess of such requirements and costs required by conventional single- family residential use.

   B.   Applicability.   Except as may be hereinafter provided, no mobile home shall be used or maintained, except in conformance with the standards of these regulations.

   C.   Definition.

“Mobile Home” means a manufactured, detached structure not meeting the one-and two-family structure requirements of the building code, but which is originally designed, constructed, and used for long-term occupancy as a complete single-family dwelling, is mounted on a permanent chassis with wheels attached thereto which is transportable in one or more components or two (2) or more units separately towable but designed to be joined into one integral unit, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on piers or permanent foundations, skirting, connection to utilities and similar operations. Mobile homes shall have a steel frame and are tied down with straps and rest on blocks or similar foundation, footing or stem wall. Motor Homes, Travel trailers and Camping trailers are not deemed Mobile Homes for the purpose of this Section (See Section 12-205.58 and Section 12-222).

“Manufactured Home” means a manufactured structure bearing a seal verifying it is built in compliance with the federal manufactured housing construction and safety standards, current edition (also known as the HUD building codes), is originally designed, constructed, and used for long term occupancy as a complete single-family dwelling, built off-site using the same materials and components as a conventional house, containing one (1) or more sections, and set on a perimeter foundation or on a poured footing and bolted to the foundation or footing.   

“Modular Home” means a manufactured structure fabricated off- site, meeting the one-and two-family structure requirements of the International Building Code, designed, constructed, and used for long term occupancy as a complete dwelling unit(s), containing two (2) or more sections, built in pre-finished modules or pieces off- site and assembled and finished on site and attached to a slab or other foundation properly anchored.

   D.   Size Requirements. No mobile home may be located within the corporate limits of the city of a size less than 600 square feet, except as provided by city ordinance in approved mobile home parks.

   E.   Uses permitted by review. Subject to review through the Use by Review procedure as provided by Sec. 12-287, the following uses may be permitted for mobile and manufactured homes:

   1.   Residential dwelling unit for watchman in I-H Industrial District.

   2.   Sales office in C-2 General Commercial such as Automobile or Mobile Home sales or ticket sales where the sales office is the primary structure on the lot.   

   3.   A mobile or manufactured home for living or sleeping purposes shall only be located, used, kept, and maintained within zoning districts which specifically allow mobile or manufactured homes and as duly permitted and provided for in these regulations; provided that only one mobile or manufactured home may be located on a single lot, tract or property having a minimum lot width of 50 feet and a minimum lot area of five thousand (5000) square feet. A mobile or manufactured home is not permitted as an accessory or storage building. No Mobile Home shall be stored without tie downs except on a properly zoned commercial sales lot (Also see Section 12-222).

   4.   Storage and Sales. Mobile or manufactured homes may be placed on an appropriately zoned and approved Commercial sales lots for the purpose of viewing for retail sales and may not be used as a residential dwelling while on said lot. Mobile or manufactured homes displayed for sale are not required to be attached to city utilities nor tied down.

   5.   Temporary location. A Mobile or manufactured home may be placed on a building site for the purpose of a field office or tool shed and same is exempt from these regulations while construction of the principal structure is in progress, provided that it is removed when construction is ended.

   F.   Existing mobile or manufactured homes. Any mobile or manufactured home permitted, allowed, authorized and maintained within the corporate limits of the city prior to July 15, 1995 and in compliance with any law hereby repealed or amended, may continue to be maintained under the laws then in effect until such mobile or manufactured home is removed from such lot or property. Any owner who occupies any mobile or manufactured home permitted, allowed, authorized or maintained within the corporate limits of the city on or after June 1, 2015, may apply for a permit to the City Clerk to replace such existing mobile or manufactured home with a new mobile or manufactured home. If such existing mobile or manufactured home constituted a non-conforming use on July 15, 1995, such new mobile or manufactured home shall continue to be a non-conforming use. Only one permit shall be issued for each real property location. This permitting process shall consider and control the location of the residence on the real property, including all provisions in the appropriate zoning district, utility connections, street access and other issues to protect the health, safety and welfare of adjacent property owners.

   G.   Accepted units. It is the intent of these regulations to Ensure that a mobile or manufactured home permanently located on an individual lot as provided in the preceding subsection shall be of adequate quality and safe design. A mobile or manufactured home to be installed in the corporate city limits must be certified by the manufacturer and must meet the following criteria:

   1.   All electrical materials, devices, appliances, and electrical equipment are in sound and safe condition. Aluminum conductors are not accepted.

   2.   All mechanical systems, including space and water heating, are in sound and safe condition.

   3.   All plumbing, gas piping, and waste systems are in sound and safe condition.

   4.   All structural systems are in sound and safe condition. Mobile or manufactured homes which show signs of fire damage, are not permitted.

   H.   Structural additions. It is the intent of these regulations to ensure that structural additions to mobile or manufactured homes located on individual lots are of quality design and construction, in accordance with the applicable provisions of this section.

   1.   Carports and patio covers shall be permitted, provided they cover a permanently surfaced parking or improved patio area, and meet the minimum building setback requirements.

   2.   Garages shall be permitted, provided they cover a permanently surfaced parking area and are connected to the streets by a permanently surfaced drive, meet the minimum building setback requirements, and have roof and siding material that is compatible with the primary structure.

   3.    Living area additions shall be permitted, provided they meet the minimum building set back requirements, have roof and siding material that is compatible with the primary structure, and comply with the same minimum structural standards as required of the primary structure.   

   4.   For purpose of this Section, permanently surfaced shall mean a surface covering which is sloped and drained so as to prevent standing pools of water and which shall meet or exceed the following minimum standards:

   a.   Four (4) inches of compacted screenings on a four-inch base of stabilized subgrade or the equivalent thereto, which has been approved by the City Manager or designee.

   b.   Four (4) inches of gravel contained by timbers or other curbing around its perimeter on a four-inch base of stabilized subgrade or the equivalent thereto, which has been approved by the City Manager or designee.

   c.   Two (2) inches of hot asphaltic concrete on a four-inch base of stabilized aggregate or the equivalent thereto, which has been approved by the City Manager or designee.

   d.   Four (4) inches of Portland cement concrete on a two-inch sand cushion or the equivalent thereto, has been approved by the City Manager or designee.

   I.   Individual lot requirements.

   1.   Each mobile home shall have two (2) permanently surfaced off-street parking spaces no less than two hundred (2000) square feet in area. (See Section 12-227, 12-228 and 12-229).

   2.   If gas is being supplied it shall be designed such that the connection between the mobile home and gas service line will not occur underneath the mobile home.

   3.   Setback Requirements. Setback requirements shall conform to those of the zoning district in which the mobile home is placed.

   J.   Sanitation. A mobile home that does not have a built-in bathroom with water closet, lavatory and shower or tub in working condition shall not be maintained, authorized nor otherwise permitted for occupancy in the corporate city limits.

   K.   Utilities. Utility service shall be provided in a safe and reliable manner in accordance with each and all of the applicable codes set out in Article 1 through 6 of Chapter 5 of the Perry Municipal Code.

   L.   Gas Connection. Connection shall be made to the public natural gas system and all gas piping shall be installed by a licensed contractor only. Before a mobile home is moved, adequate arrangements shall be made to assure that all gas connections are properly disconnected.

   M.   Supports and Tie downs. It shall be the responsibility of the owner or occupant of any mobile home to cause such mobile home to be anchored and tied down securely in accordance with the following minimal standards within a period of no longer than thirty (30) days after moving a mobile home onto a city lot.

   1.   The mobile home shall have its frame supported by a foundation system capable of safely supporting the loads imposed as determined by the character of the soil. The minimum foundation design shall be a series of piers spaced at no more than ten (10) foot intervals and no farther than five (5) feet from the ends of the mobile home. All piers shall be of standard concrete block construction, 8 x 16 inches, and shall rest on solid concrete blocks or pads of concrete measuring no less than 8 x 16 x 4 inches, forming a base sixteen (16) inches square. For leveling purposes, wood blocking no less than the nominal dimensions of 8 x 16 inches with a maximum thickness of four (4) inches may be used.

   2.    The tie down and anchoring system shall be provided as recommended by the manufacturer or as follows:

   a.   Tie down anchors shall be securely installed in soil providing a stable foundation to withstand a minimum pull of three thousand seven hundred fifty (3,750) pounds for each ten (10) feet of a mobile home.

   b.   All ties and connectors shall be of a type approved by the United States Department of Housing and Urban Development (H.U.D.) for mobile home anchoring.

   N.   Skirting. It shall be the responsibility of the owner or occupant of any mobile home, within a period of no longer than thirty (30) days after moving such mobile home into a mobile home park or other location within the corporate limits of the City, to cause such mobile home to be totally skirted of metal or other non- degradable solid material. The skirting shall be secured to the mobile home and to the ground in a manner that will prevent the intrusion of animals and will reduce the hazards of strong winds under said home.

   O.   Home Occupation: A home occupation is permitted as defined in Section 12-275, providing that all requirements for the applicable zoning district are met.   

   P.   Permits, fees, and inspections. Prior to the location of any mobile or manufactured home in the corporate city limits, a permit shall be secured, and a fee paid.

   1.    Permit. The owner, occupant, mover, or park manager shall apply for a mobile or manufactured home hookup permit from the zoning officer when locating a mobile or manufactured home in the City of Perry.

   2.    Fees. The applicant shall submit a fee of twenty-five dollars ($25.00) for a mobile or manufactured home hookup permit. This fee shall cover all required inspections.

   3.    Inspections. The permit holder shall notify the zoning officer, who thereafter shall cause to be made an inspection, upon completion of the following items:

   a.   Plumbing and gas hookups, according to the plumbing and gas licensing ordinances and codes.   

   b.   Electrical hookup, according to the electrical licensing ordinance and code.   

   c.   Tie downs and skirting, in accordance with the applicable subsections of these mobile home regulations.   

   4.    Expiration. The mobile home hookup permit shall expire upon the removal of the mobile home.

   Q.   Revocation. Any act, omission, or condition which violates the mobile home standards, or which violates the building, plumbing, mechanical or electrical codes shall be grounds for revocation of the mobile home permit.

   R.   In any use by review procedure the Planning Commission may recommend and the City Council may require any other requirement to ensure that the mobile or manufactured home conforms to the neighborhood and protects the public health, safety and welfare of the public.

   S.   Modular Homes shall be permitted by right in any appropriate zoning district permitting single-family dwellings; provided however:

   (1)   no Modular Home of less than 1000 square feet of livable floor space shall be permitted in a R-G Residential District; and

   (2)   no Modular Home of less than 1500 square feet of livable floor space shall be permitted in a R-1 Single-Family Residential District.

In addition:

   (3)   The Modular Home shall be set on a perimeter foundation or on a poured footing and bolted to the foundation or footing. Strapping shall not be allowed. The fixed-tongue hitch shall be removed. All Modular Homes located in either residential district shall include a site-built garage and porch.

   (4)   An asphalt or concrete driveway shall be constructed containing at least two (2) off-street parking spaces of no less than two hundred square feet (200’) each located from the street and to the garage.

   (5)   The Modular Home shall comply with the terms of all other provisions of this municipal code.

   T.   The following are figures of mobile, manufactured and modular homes.

All have their own steel frame and are tied down with straps and rest on blocks.

Built off-site using same materials and components as a conventional house.

Sits on a perimeter foundation, on a poured footingand is bolted down to it.

Transported to site on a trailer or other temporary wheeled apparatus.

Built in pre-finished modules or pieces off-site and assembled and finished on-site.

Sits on and is attached to a slab or other floor anchored to the ground.

   A.   Definition. For purpose of this section, the following words shall have the referred meaning:   

“New Manufactured Home” shall mean a manufactured structure built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and rules promulgated pursuant thereto, as amended, bearing a seal verifying such compliance, or such other manufactured structure that meets or exceeds all state and local building codes, or such other manufactured structures that meets or exceeds all state and local building codes, and is designed, constructed and to be used for long term occupancy as a complete single-family dwelling, pre-manufactured and using the same materials and components as a conventional home, set on a poured footing with perimeter foundation or on an approved slab and bolted to the same and:

   1.   Is comprised of single or multiple fully enclosed structures with a minimum aggregate size of at least 1000 square feet of livable space if located in an A-G Agricultural District or a R-G Residential District;    

   2.   Is constructed with a composition or wood shake or shingle, coated metal, or similar roof with not less than a 3:12 pitch;    

   3.   Has exterior siding similar in appearance, as determined by the building official, to siding materials commonly used on conventional site- built single-family dwellings built under the International Building Code;    

   4.   Has never been previously installed on real property and constitutes a new and unused residential structure; and   

   5.   Is installed by a state licensed manufactured home installer.   

   6.   If a garage is constructed, either at the time of original placement or any time thereafter, on a tract upon which sets a New Manufactured Home in an A-G Agricultural District or a R-G Residential District, such garage shall be attached. No carport shall ever be permitted on any lot containing a New Manufactured Home.   

   B.   Procedure and Criteria. Any person or other entity desiring to locate and install a new manufactured home on a tract or real property within a permitted zoning district shall file an application for a building permit with the City Clerk pursuant to Section 5-106B and in addition provide all the information required by the Building Official to be provided for a New Manufactured Home Application, including but not limited to photographs of and pamphlets regarding such New Manufactured Home; any required certification that the Building Official deems appropriate to provide such New Manufactured Home meets the terms of the definition or installation criteria; the number of sections, size, nature and composition of the section; the type and nature of siding, roof materials, including pitch; the method and type of installation and attachment; the name and address and other information as desired regarding the seller and the New Manufactured Home Installer. Such information shall be reviewed by an administrative committee to be called the New Manufactured Home Review Committee (the “Committee”), consisting of the City Manager or his designee, the Zoning Officer, the Planning Advisor, the Community Development Director and the Chairman of the Perry Planning Commission or his designee (hereinafter the “committee”). The following minimum standards shall be met:   

   1.   Installation and attachment method shall as a minimum consist of perimeter bolting to the perimeter foundation or slab and other interior supports as designed by the manufacturer and approved by the Building Official.   

   2.   After installation, the perimeter of the foundation or slab of the New Manufactured Home shall be fully enclosed by concrete or an approved concrete product.   

   3.   A least two (2) permanent surfaced (asphalt or concrete) off-street parking spaces of no less than two hundred square feet each shall be provided in a location as approved by the committee.   

   4.   The New Manufactured Home complies with any design standards applicable to all other homes within the neighborhood in which the New Manufactured Home is to be located.    

   5.   All other requirements relating to conventional housing and as provided in any applicable zoning district shall also apply.   

   6.   No New Manufactured Home shall be permitted to be placed in any location where the same is not permitted by any legally recorded covenant or deed restriction of record.    

   7.   The New Manufactured Home shall comply with the terms of all other provisions of this municipal code.   

   C.   Committee Determination and Appeals. If the committee determines that a building permit shall be issued in accordance with the application, the committee shall make such determination. An appeal from the decision of the committee may be taken to the Perry Planning Commission if filed with the City Clerk within ten (10) days of such adverse decision and thereafter the Perry Planning Commission’s decision shall be considered and approved or denied by the City Council.    

   D.   Appropriate Zoning Districts. New Manufactured Homes as approved by the committee or otherwise approved after appeal may be located and shall be permitted by right in any A-G Agricultural District or R-G Residential District as provided in this municipal code.    

   E.   Violations. No person or other entity shall violate, by act or omission, any provision of this section and the applicant shall follow all the requirements of this code and decision of the committee or other regulatory authority’s approval or denial.    

The A-G agricultural district is established for several purposes:

   A.   To provide for the continued use of land for predominantly agricultural purposes;

   B.   To preserve undeveloped areas until they can feasibility be developed to urban standards and with adequate public safeguards of health, safety, etc.; and

   C.   To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding.

Within the A-G agricultural district, the following uses are permitted:

   1.   Agricultural, as defined in this chapter;

   2.   Single-family dwellings and multiple family dwellings;

   3.   Churches and temples;

   4.    Elementary schools and high schools;

   5.   Golf courses, and including golf driving ranges, pitch and putt courses, or miniature golf courses;

   6.   Parks and forest preserves operated for profit;

   7.   Temporary buildings and uses for construction purposes only and not for dwelling purposes, nor for a period that exceeds the completion of construction;

   8.   Accessory buildings or uses incidental to the foregoing principal uses;

   9.   Municipal or community recreation centers;

   10.   Police or fire stations;

   11.   Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries, or museums;

   12.   Public or not-for-profit auditoriums, stadiums, arenas, armories, or sanitariums;

   13.   Public or private hospitals or sanitariums;

   14.   Public or private schools or colleges; and

   15.   Public utility and service uses including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities.

   16.   Deer Processing Facility pursuant to the following conditions:

   A.   Minimum of two acres;   

   B.   Submission of a plan for collection and disposal of animal by-products for approval by the zoning administrator;   

   C.   No retail or sale of products; customer’s deer only;   

   D.   Seasonal Operation Only from October 1 through January 31 of the subsequent year; and   

   E.   Subject to annual permits at an annual cost of $100.00. Prior to issuance of any city permit, applicant shall receive all licenses or certifications required, from any state or federal regulatory authority, for the deer processing facility.    

   17.   New Manufactured Home in strict conformance with Section 12-248 of this Code.

The following uses may be permitted after review and approval by the Planning Commission and City Council in accordance with Section 12-287C, D, E, F and G (Use by Review)

   1.   Mobile or manufactured homes, and Mobile Homes Parks (in compliance with Section 12-265 of this code meeting the terms and condition imposed by Section 12-247; and

   2.   Recreation Vehicle Park in strict accordance with an approved use by review hearing as provided by Section 12-287C, D, E, F and G (Use by Review), after approval and in strict accordance with an approved site plan review hearing as provided by Section 12-286, and consistent with Section 12-264.

   3.   Medical Marijuana Grower Facility in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2018 Supplement.

 

 

All lots and improvements within the A-G district shall meet the following requirements:

   A.   All lots shall have not less than one acre of land, and not more than one principal building shall be placed on any one lot;

   B.   Each lot shall have a frontage of not less than one hundred (100) feet;

   C.   No improvement or structure shall exceed one hundred (100) feet in height above the mean elevation of the lot;

   D.   All structures shall have not less than a twenty-five (25) foot front yard setback;

   E.   All principal structures shall have not less than a ten (10) foot side yard setback. Accessory buildings may have a rear yard of not less than ten (10) feet.

This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for single-family dwellings and multi-family dwellings and high-density residential development. The intent is to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of single-family dwellings and multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which serves the dwellings or similar residential uses in this district, and discourage any use which because of its character or size, would create additional requirements and costs for public services which would be in excess of such requirements and costs if the district were developed solely for single-family and multi-family or other similar residential uses.

Within the R-G residential district, the following uses are permitted:

Single-family detached dwellings;

Duplex;

Multi-family dwelling;

Rooming or boarding house;

Public and private schools;

Public park or playground;

New Manufactured Home in strict conformance with Section 12-248 of this Code.

Agricultural uses of the garden type that are not intended for commercial purposes; and

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

The following uses may be permitted after review and approval by the Planning Commission in accordance with Section 12-287C, D, E, F & G (Use by Review):

   1.   Accessory buildings and uses which are not customarily incidental to the Permitted Uses;   

   2.   Childcare centers or day nurseries, provided they are located on a lot not less than ten thousand (10,000) square feet in area;    

   3.   Churches with a minimum lot size of one acre;

   4.   Community services, cultural and utility facilities, provided they are located on a lot of not less than one acre;   

   5.   Convalescent homes, rest home, nursing home, and hospitals, public or private;   

   6.   Golf course, private or public, or country club, provided that the chief activity is for recreational purposes, and any commercial activity is accessory or incidental thereto;   

   7.   Home occupation, provided that it is in keeping with the meaning of "home occupation" as defined in this chapter;

   8.   Junior high or senior high schools;

   9.   Library;

   10.   Mobile or manufactured homes, and Mobile Home Parks (in compliance with Section 12-265 of this code meeting the terms and conditions imposed by Section 12-247.

   11.   Plant nursery, provided that no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises;   

   12.   Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.

 

 

 

 

 

 

All lots and improvements within the R-G district shall meet the following requirements:

   A.   All lots shall have an area of not less than three thousand (3,000) square feet for a single-family dwelling, five thousand (5,000) square feet for a two-family dwelling, or six thousand (6,000) square feet for each dwelling unit over two (2) for multi-family dwellings. For uses other than dwelling purposes, the lot area shall not be less than six thousand (6,000) square feet except as otherwise specified.

   B.   Each lot shall have a frontage of not less than twenty-five (25) feet for single-family dwelling, thirty-five (35) feet for two- family dwelling, and fifty (50) feet for multi-family dwelling and all other uses;

   C.   Not more than seventy-five percent (75%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision;

   D.   No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot;

   E.   A minimum front yard setback of twenty-five (25) feet shall be provided on all single-family and duplex and multi-family dwellings;

   F.   For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet; and

   G.   A rear yard of twenty (20) feet of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.

   H.   Not more than one (1) principal building shall be placed on anyone (1) lot.

   A.   Minimum Guidelines for Recreation Vehicle Parks:

   1.   Minimum Square feet; Pads; Spacing: Recreation Vehicle Parks shall be a minimum of twenty-four thousand (24,000) square feet containing not more than one Recreation Vehicle lot for each twenty- four hundred (2400) square feet of space provided. Each Recreation Vehicle lot shall contain a hard surfaced (Pad), of a size not less than fourteen (14) feet by forty (40) feet for the Recreation Vehicle which shall be no closer than ten (10) feet from the access corridor. Spacing shall be such that no Recreation Vehicle shall be closer than twenty (20) feet between Recreation Vehicle units.   

   2.   Off Street Vehicle Space. Each Recreation Vehicle lot shall have a minimum of one off street vehicle Parking Space of two hundred (200) square feet in area no closer than ten (10) feet from the access corridor and shall be paved with a surface maintained in a manner that no dust or rutting will result from continued use.   

   3.   Connection to Utilities. The proposed site shall provide a connection for each Recreation Vehicle pad to City water, electricity, and sewer except as provided in this municipal code.   

   4.   Time Constraints. No Recreation Vehicle shall occupy a site in a Recreation Vehicle Park more than twelve (12) consecutive months and all Recreation Vehicles shall be connected to City utilities unless staying less than twenty-four (24) hours.   

   5.   Park Entrances and Exits. All Recreation Vehicle Park entrances and exits shall be set back from the public street right-of-way a distance of not less than fifty (50) feet to allow movement onto the property without blocking or impeding traffic.    

   6.   Impeding Access. At no time may the driveway or entrance to the occupied Recreation Vehicle Park be blocked, barricaded, or secured in such a way as to prevent or impede access to the park by public service or emergency vehicles.   

   7.   Trash Concerns. Each Recreation Vehicle Park shall provide a minimum of one dumpster for every twenty (20) pads and each dumpster shall have adequate maneuvering space to be serviced.   

   8.   LPG. Recreation Vehicles shall be permitted to use liquefied petroleum gas subject to any other federal, state, or local regulations.    

   9.   Exceptions; Waiver. Notwithstanding any of the requirements of this section, if it be shown to the satisfaction of the Perry Planning Commission, Board of Adjustment and/or City Council, as applicable, that any of the requirements if complied with would cause undue hardship on any applicant for a permit hereunder, and that such requirement or requirements would not be for the best interest and general welfare of the City of Perry and the citizens affected by this section, the Board of Adjustment and/or City Council, as applicable may waive such requirement or requirements in accordance with law.   

   B.   Grandfather Clause. Any owner, who on the effective date of this ordinance, shall have a lawful use of any real property within the corporate limits of the City of Perry, wherein Recreation Vehicles are lawfully located and used, such owner may continue such lawful use as a non-conforming use and subject to the other terms and conditions of this code.

   C.   The Building Official is hereby authorized and directed to make inspections to determine the condition of Recreation Vehicle Parks within the City of Perry, Oklahoma, in order to perform the duty of safeguarding the health and safety of occupants of such parks and of the general public. All other ordinances relating to offenses, nuisance, litter, condition of property and other health and safety and code provisions contained in this municipal code shall apply to the owner, person in lawful possession and control and each lessee in a Recreation Vehicle Park.

Upon compliance with the provisions as set forth herein, a mobile home park will be allowed within the R-G district:

   A.   The applicant, upon making application for a zoning clearance permit, must submit a detailed site locating all mobile home stands, screening, or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.

   B.   The proposed site shall be a minimum of two and one-half (2 ½) acres in size and shall contain no more than fifteen (15) mobile home stands per acre;

   C.   Front yards of not less than ten (10) feet and side and rear yards of not less than five (5) feet shall be provided on mobile home park sites; and

   D.   The proposed site shall provide a connection for each mobile home stand to all public utilities, except as provided in this chapter.

   E.   The provision contained in Section 12-247K shall apply to mobile homes located in mobile home parks.

The R-1 single-family residential district is established as a district in which the use of land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services in excess of requirements and costs for single-family dwellings. The intent is to encourage the discontinuance of any existing uses that would not be permitted as new uses under the provisions of this chapter.

Within the R-1 single-family residential district, the following uses are permitted:

   A.   Single-family detached dwellings and duplexes, subject to the requirements of Section 12-273 but not including mobile homes, Manufactured Homes, New Manufactured Homes, Mobile Home Parks, or similar structures

   B.   Public park or playground, public buildings, public utility, and municipal uses, and publicly owned recreational facilities;

   C.   Agricultural uses of the garden type that are not intended for commercial purposes, nor the raising of livestock; and

   D.   Accessory buildings and uses which are not a part of the main building including a private garage or accessory buildings which are a part of the main building, including a private garage.

The following uses may be permitted after review and approval by the Planning Commission in accordance with Section 12-287C, D, E, F & G (Use By Review), contingent upon the performance of reasonable conditions, including but not limited to adequate off-street parking:

   1.   Churches;

   2.   Library;

   3.   Home occupation;

   4.   Plant nursery, provided that no building or structure is maintained in connection therewith and no retailing of any materials is carried on upon the premises;   

   5.   Golf course, private or public, or country club, provided that the chief activity is for recreational purposes, and any commercial activity is accessory or incidental thereto, and not including miniature golf courses, driving ranges or pitch and putt golf courses;   

   6.   Public or private schools; and

   7.   Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.   

 

 

Interior Lots

10' Street Side of

Corner lots

All lots and improvements within the R-1 district shall meet the following requirements:

   A.   All lots shall have not less than six thousand (6,000) square feet of lot area and not more than one principal building shall be placed on any one lot;

   B.   Each lot shall have a frontage of not less than sixty (60) feet;

   C.   Not more than sixty percent (60%) of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of these provisions;

   D.   No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot;

   E.   All structures shall have not less than a twenty-five (25) foot front yard setback; and

   F.   For a single-family dwelling of one story, the minimum width of the side yard shall be five (5) feet for interior lot lines and ten (10) feet for the side yard abutting the side street on a corner lot.

   A.   Purpose

Home occupations:

   1.   Can be an incubator for new business;

   2.   Can help people enter or stay in the work force who might otherwise be unable to work; and/or

   3.   Can provide jobs for the elderly or those who do not wish to work in a conventional work setting, and those for whom a conventional work setting does not exist or work.

On the other hand, home occupations can sometimes be intrusive on a residential neighborhood and can become nuisances. This section takes into consideration the effect of a home occupation on traffic patterns, parking availability, aesthetics, and nuisances and is designed to maintain a residential character in residential neighborhoods.

   B.   Definition

“HOME OCCUPATION” is an accessory use of a dwelling unit located in any residential district for the purpose of gainful employment conducted by a member of the family residing in the dwelling which is clearly customary, incidental and a subordinate secondary use of the dwelling unit as a residence and does not alter the exterior of the property or affect the residential character of the neighborhood.

   C.   Home Occupations Permitted by Right

The following home occupations shall be permitted by right, but shall comply with the provisions set out in subsection E:

Artists

Authors and Composers

Catering/Food Service

Computer Programming

Home cooking and preserving

Home crafts

Ironing

Sewing

Telephone answering and/or solicitation

Tutorial service

   D.   Prior to commencement of a Home Occupation, accessory uses of a dwelling unit used for gainful employment, that meet the definition of Home Occupation and which comply with the provisions set out in subsection E, but which are not permitted by right to be a Home Occupation as provided in subsection C, are subject to a use by review process as provided in Section 12-287C, D, E, F & G entitled “Uses by Review.” The Planning Commission and/or City Council may provide for any specific condition or requirement necessary to further the purpose of the Home Occupation, including but not limited to requiring additional parking spaces, if necessary. In the event the Home Occupation is granted, such use shall be terminated in the event:

   1.   Ownership of the property changes. The approval of a Use by Review for a home occupation is intended to be for the existing landowner only. Any transfer of ownership after the home occupation is approved nullifies the particular approved use.

   2.   The nature of home occupation changes from that which was reviewed.

   3.   The home occupation lapses for a period of ninety (90) days.

   4.   Reviewed conditions and agreements are not followed.

   E.   Requirements for all Home Occupations, whether by right or permitted according to the use by review process.

   1.   The use is conducted entirely within:

   a.   The principal dwelling unit and attached garage and/or

   b.   One accessory building.

Such use is limited to members of the family or other residents residing in the dwelling unit; provided however, one additional employee may be specifically permitted by Board recommendation and Commission approval.

   2.   No vehicular traffic shall be generated by the home occupation business in greater volumes than would reasonably be expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood. Any parking or traffic of such character, intensity, and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, shall be considered unreasonable. It shall be a defense to prosecution under this subsection that the parking or traffic created was reasonable under the totality of the circumstances existing in the neighborhood.

   3.   The use is clearly incidental and secondary to the residential use of the dwelling and may not alter the existing residential character of the principal dwelling or garage/accessory building to comply with nonresidential construction code is prohibited, except for accessibility requirements.

   4.   Except as herein provided, a change in the outside appearance of the dwelling unit or lot indicating the use or conduct of a home occupation, including advertising signs or displays is prohibited. All equipment, goods, wares, merchandise or materials associated with home occupation, including equipment, goods, wares, merchandise or materials located in or on vehicles, must not be visible from any public street or public right-of-way or from other location off the premises.

   5.   The direct sale of commodities, goods, wares, materials, merchandise, or products to the general public is prohibited unless:

   a.   The sale was made after an appointment to view the commodities, goods, wares, materials, merchandise, or products occurred between the seller and purchaser;

   b.   The sale was made pursuant to an order filled on the premises pursuant to a prior individual oral or written invitation; or

   c.   The sale was made pursuant to a prior individual oral or written invitation or if placed earlier by a customer by phone, mail, Internet, or on or off-site sales parties.

   6.   Excepting one (1) non-illuminated nameplate not more than two (2) square feet in an area attached to the main or accessory building or located on the real property and/or advertising on a vehicle as herein provided. For purpose of this section “vehicle” is defined as a passenger automobile, passenger van, motorcycle, or pick-up truck. All advertising on vehicles shall be mounted flat against or painted on the vehicle and shall not refer to the street address of the home occupation business.

   7.   All off-site advertising, including signs, displays, billboards, television, radio, and/or any other advertising medium uses that refers to the street address is prohibited, other than business stationary, business cards, the home occupation business website, newsletters and applicable trade directories.

   8.   No mechanical equipment shall be used which will be obnoxious or offensive by reason of vibrations, noise, odor, dust, smoke, or fumes. No combustible materials shall be permitted on the premises that are in violation of the city’s fire code.

   9.   Any use permitted by right which use materially violates any of the above listed subsections herein may be required by the Planning Commission to secure a use by review approval pursuant to this section prior to continuing such home occupation or otherwise forfeit the right to continue such permitted home occupation.

   10.   No use involving a vehicle, boat or small engine repair, painting, welding or metal shop, restaurant, or childcare facility for more than five (5) children shall be considered for a home occupation.

   F.   Special Requirements:

   1.   Area - Height and Setback Requirements. The height and setback requirements shall be the same as the Residential zone in which the permitted use is located.

   2.   Special Requirements - Parking areas must be surfaced or otherwise covered with a material which prevents dust. Any application subject to a use by review process shall have on-site parking issues specifically reviewed with appropriate requirements or conditions made, if any.

   A.   General Description. The Zero Lot-Line District is a supplemental district designation designed to facilitate development of high-density single-family housing in which houses may be located directly on one of the side lot lines. Designation of an area as a Zero Lot-Line District will be accomplished through the adoption of an overlay zoning district which amends and supersedes the applicable requirements set out in Section 12-263, Residential General (R-G) or Section 12-273, Residential Single Family (R-1) areas.

   B.   General Provisions

   1.   Intent and Purpose. The purpose of this overlay district is to permit the development of higher density housing, such that detached dwellings may, where permitted, be located in such a manner that an exterior sidewall is constructed with no setback from an interior property line as required in Section 12-263 and 12-273, but otherwise in conformance with such Section.

   2.   Conflicts and Interpretations. In the event any provision of this Section, or any district ordinance which is adopted pursuant to these regulations, conflicts with or is inconsistent in any manner with any other Section of the Zoning Ordinance, or any Section of the Municipal Code, the provision of this Section or the district ordinance shall supersede and take precedence over such portions or portion in conflict.

   3.   Designation Procedure.

   a.   Generally. An area shall be designated a Zero Lot-Line District in accordance with the minimum regulations set forth below:

   (1)   No windows, doors, or other openings are permitted in the zero-setback sidewall.

   (2)   The side yard opposite the zero-setback side on the same property shall be a minimum of ten (10) feet in width.

   (3)   A perpetual ten-foot easement for the purpose of building maintenance and separation between structures shall be provided on the lot adjacent to the exterior dwelling sidewall along the zero- setback line provided that:

   (4)   The maintenance easement shall allow access to principal buildings and to any accessory structures or vegetation that do not otherwise have reasonable access to their full height and width along the zero-setback side for the purpose of maintenance.

   (5)   Such easement must be shown on a subdivision plat, or otherwise recorded by an irrevocable covenant which shall run with the land, whereby proof of such recorded documents shall be submitted with applicable for a building permit for any structure to be so constructed.

   (6)   Roof overhangs from principal buildings may penetrate the easement on the adjacent lot a maximum of two (2) feet excluding gutter, but the roof shall be so designed that water runoff from the structure placed on the lot line is limited to the easement area.

   (7)   Spacing between structures shall be no less than ten (10) feet, measured from the outermost projections of combustible materials.

   (8)   If a driveway is to be located along the lot line a note of waiver must be recorded on the plat, or permission otherwise obtained from the zoning officer, for a curb-cut turning radius encroachment on the frontage of the adjacent property.

   b.   Initiation procedure. Preliminary plat reviews with planning staff members are encouraged. Once the staff members have determined that an area meets the criteria for designation as a Zero Lot-Line District, a hearing shall be set where the Planning Commission will receive input and consider the proposed plat for the district. Public notice shall be provided to the same extent as notice for all re-zoning applications. Should the Perry Planning Commission fail to approve the proposed plat, the zero lot-line district designation process will not continue.

   c.   Adoption. The City Council may designate an area as a Zero Lot-Line District after meeting the following criteria:

   i)   Review: The overlay district shall be reviewed by the administrative staff and the Perry Planning Commission for compliance with this and other Section in the Municipal Code and comprehensive plan. Other matters which may be considered include, the effect of the proposed district on traffic conditions, utilities and other public services, and the impact on properties surrounding the areas proposed to be designated. The findings and recommendation of the administrative staff and Perry Planning Commission shall then be reported to the City Council. Upon required notice being given, the City Council shall review the application at a public hearing at which time they shall receive comments from interested parties and receive the recommendations of administrative staff and the Perry Planning Commission.

   ii)   Approval. The City Council may approve or deny the request for district designation. If approved, the district shall become a part of the comprehensive plan of the City and shall be shown on the Zoning Map as an overlay to the existing zoning.

   iii)   A drawing of the lot plan of such district is attached to this adopting ordinance and is incorporated herein by reference as if fully set out.

   A.   GENERAL DESCRIPTION. The Commercial Office District is designed to accommodate administrative and professional offices and certain basic personal services which can occupy low rise buildings in low land use intensity areas. Emphasis is placed on aesthetic considerations such as landscaping, setbacks, sign control and restrictive building height. The district may serve as a buffer between more intensive land uses and low intensity residential districts. Outdoor storage of goods and merchandise is prohibited.

   B.   DISTRICT USE REGULATIONS. Uses Permitted

Property and buildings in the C-O Commercial District shall be used only for the following purposes:

   1.   Any use permitted in any Residential District.

   2.   Medical and dental offices, including clinics.   

   3.   Office buildings for executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales, and non-profit corporations.

   4.   Publicly owned buildings, exchanges, and public utility offices, but not including electrical or gas substations.

   5.   Museums, cultural centers, and open space designed to serve persons conducting business in this District.

   6.   Convalescent Home, Rest Home, Nursing Home and Hospitals, Public or Private.

   7.   Other uses which are in keeping with the general description of this District and are similar to the above uses.

   8.   Accessory uses customarily related to a permitted use authorized by this Section.

   C.   SITE DESIGN REQUIREMENTS. It is intended that building and parking areas be designed to protect, in so far as possible, the value and character of adjacent residential areas. In no case shall the design of a proposed site, provide less than the following standards:

   1.   Height. No building shall exceed twenty-five (25) feet in height, measured from the mean elevation of the lot.

   2.   Front yard setback, Ten (10) Feet.

   3.   Side yard setback; Interior Lot, Ten (10) Feet; Corner Lot Street Side, Fifteen (15) Feet; Corner Lot Interior Side, Ten (10) Feet; side adjacent to a residential district, Twenty-five (25) Feet, measured from the side property line abutting the residential district or development.

   4.   Rear yard setback, Twenty (20) Feet.

   5.   No Minimum Lot Area; Frontage, Fifty (50) Feet at the building line.

   6.   Screening and landscaping. Property shall be landscaped and screened in accordance with Section 12-286 (Site Plan Review).

   7.   Off-Street Parking, Access. All permitted uses shall contain adequate space to provide for parking, loading, and maneuvering of vehicles in accordance with Section 12-228 (Off- street Parking Requirements).

   8.   Signs. All advertising signs relating to the permitted uses shall be designed in such a manner as to be harmonious with the other design features of the site, and to conform with Chapter 12. Article 5 of the Perry Municipal Code, 2002, entitled “Sign Regulations”.

   9.   Site Plan. Prior to the issuance of a building permit for any permitted use, a site Plan shall be submitted and approved in accordance with Section 12-286 (Site Plan Review).

   A.   GENERAL DESCRIPTION. The purpose of this commercial district is for the conduct of general and professional offices and a limited number of retail trade activities to provide for the needs and convenience of the people of adjacent residential areas and the community in such a manner as to not be offensive to a general neighborhood containing, residential, religious, recreational, and educational elements. It is intended that this district be located as not to introduce traffic into a solely residential district, but to serve as a buffer between residential and more intensive commercial activities.

   B.   DISTRICT USE REGULATIONS. Uses Permitted.

Property and buildings in the C-1 Light Commercial District shall be used only for the following purposes:

   1.   Any use permitted in the C-O District.

   2.   Accounting and insurance offices, banks, credit unions, savings and loan companies and associations, real estate offices, and other businesses which perform services on the premises.

   3.   Dry cleaning establishments or pick-up stations dealing directly with the consumer.

   4.   Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as but not limited to bakeries, or stores selling books, stationary, clothing, dairy products, delicatessens, dry goods, florists, groceries, hardware, meat market, pharmacies, and self-service gas stations (no repair).

   5.   Personal service establishments which perform services such as but not limited to appliance and small items shops (watches, radio, television, shoe, etc.), beauty parlors or barber shops, dance schools, photographic, artists, and other miscellaneous studios, post offices, self-service laundries, tailor shops, and governmental office buildings serving persons living in adjacent residential areas.

   6.   Professional services, including medical clinics (out- patient only) and offices of doctors, dentists, osteopaths, and similar professions.

Uses Permitted by Review

The following uses may be permitted after review in accordance with Section 12-287C, D, E, F & G (Uses by Review).

   a.   Billiard parlors, pool halls.

   b.   Building, plumbing, electrical and mechanical contractor shops.

   c.   Business schools.

   d.   Car wash.

   e.   Ceramic shops.

   f.   Commercial greenhouses and garden supply shops.

   g.   Mortuary establishments.

   h.   Restaurants, cafes, or drive-in restaurants.

   i.   Service stations (excluding body repair work)

   j.   Public or private parking lots needed to accommodate any use permitted in the Commercial Zoning Districts.

   7.   Other uses which, in the opinion of the Planning Commission, are similar to the above uses and are in keeping with the general description of the zoning district and meet the three (3) standards as specified in Section 12-287D (Conditions for Authorization).

   C.   SITE DESIGN REQUIREMENTS.

For purposes of this District, the Site Design Requirements applicable to C-0 Commercial Office, and as set out in section, shall be applicable to this District as if fully set out herein. The regulations contained in section shall apply to any site proposed for development after March 16, 1992.

   A.   GENERAL DESCRIPTION. This District is intended to provide for the normal range of commercial services within the community in such a manner that the District will accommodate both quick-stop and longer visit shopping, as well as provide for additional retail, cultural and entertainment trade. Additionally, District regulations are intended to minimize traffic congestion and noise, provide adequate and controlled parking and expansion area, allow safe pedestrian movement, minimize adverse impacts on residential areas, encourage improved commercial site design and layout, and promote the re-use and development of existing commercial structures and encourage visual quality in commercial development.

   B.   DISTRICT USE REGULATIONS. Property and buildings in the C- 2 General Commercial District shall be used only for the following purposes:

      1.   Automobile assembling, painting, upholstering, rebuilding, reconditioning, and body work.

      2.   Automobile sales and service.

      3.   Bakery (Commercial or wholesale).

      4.   Banks, Savings and Loans, Finance Companies.

      5.   Bars and Taverns, private clubs.

      6.   Billiards and pool halls.

      7.   Bottling works.

      8.   Bowling alley.

      9.   Building plumbing, electrical, and mechanical contractor shop.

      10.   Business schools.

      11.   Bus station or service.

      12.   Car wash.

      13.   Clothing store.

      14.   Dancing school or studio.

      15.   Discount store.

      16.   Dry cleaners.

      17.   Feed and seed stores.

      18.   Florist or gift shops.

      19.   Food processing (retail on premises).

      20.   Furniture store.

      21.   Garages (service, storage, or sales) for motor vehicles.

      22.   Glass fabrication and installation.

      23.   Grocery stores.

      24.   Hardware stores.

      25.   Itinerant merchant or transient vendor.

      26.   Jewelry store.

      27.   Kennel.

      28.   Laundry or dyeing establishment.

      29.   Manufacture of articles sold only at retail on the premises.

      30.   Medical facilities (hospitals and clinics).

      31.   Metal fabrication, light (sheet metal, ducts, gutters, and leaders).

      32.   Miniature golf course or commercial driving range.

      33.   Mini-storage, rental storage.

      34.   Mobile home sales.

      35.   Motel or hotel.

      36.   Movie theaters.

      37.   Music stores, studios.

      38.   Offices.

      39.   Optical and scientific instruments and jewelry manufacturing.

      40.   Pawnshops, Second-hand and auction stores.

      41.   Pet store.

      42.   Printing, lithographic or publishing company.

      43.   Public garages.

      44.   Public parking lots.

      45.   Radio and television broadcasting studios.

      46.   Recreational facilities (including swimming pool).

      47.   Restaurants, drive-in restaurants.

      48.   Service stations.

      49.   Shoe store and repair.

      50.   Small animal hospital.

      51.   Taxidermist.

      52.   Taxi service.   

      53.   Television and radio repair shop.

      54.   Tourist courts (for travel, camp trailers)   

      55.   Transfer and storage offices.

      56.   Upholstering shops.

      57.   Weaving apparels (fabrication and processing).

      58.   Wholesale sales office and sample room.

      59.   Any use permitted by right in a C-1 or C-0 district.

Uses Permitted by Review.

The following uses may be permitted after review and approval by the Planning Commission in accordance with Section 12-287 B, C, D, E, F & G (Use by Review.)

   1.   Commercial warehouse, provided that the gross floor area of such warehouse shall not exceed forty percent (40%) of the total tract, lot, or parcel of land on which it is situated.

   2.   Any other similar business or service which is in keeping with the general description and meets the three standards as specified in Section 12-287D (Conditions for Authorization).

   3.   Public and private utility or contractor equipment and material storage and maintenance yards or buildings, provided that any stored material or equipment shall be within a building or enclosed by a six (6) foot high fence or suitable landscaping to screen the materials or equipment from the view of the adjacent public streets, parks, recreation areas and residential properties.   

   4.   Uses and structures clearly incidental and necessary to the permitted principal uses and structures in this District.   

   5.   Recreation Vehicle Park in strict accordance with an approved use by review hearing as provided by Section 12-287C, D, E, F and G (Use by Review), after approval and in strict accordance with an approved site plan review hearing as provided by Section 12-286, and consistent with Section 12-264.   

   6.   Medical Marijuana Dispensaries and/or a Tier I Medical Marijuana Processor Facility and/or a Tier II Medical Marijuana Processor Facility, but only after approval of a site plan review hearing as provided by Section 12-286, if required, and in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2022, as amended; provided however, effective April 1, 2024, a Medical Marijuana Dispensary Permit, Tier I Medical Marijuana Processor Facilities and Tier II Medical Marijuana Processor Facilities may not be located in a C-2 General Commercial District, within the following specific tracts and areas, nor within any other zoning district located within such specific tracts and areas, as follows:

All of Lots One (1) and Two (2) in Block Nine (9), in the ORIGINAL TOWNSITE OF PERRY,

County of Noble, State of Oklahoma, according to the recorded Plat thereof, and

Beginning at the Southeast corner of the intersection of Fir Street and Eighth Street, thence South to the Northeast corner of the Intersection of 8th Street and Ash Street, thence East to the intersection of Ash Street and the Burlington Northern Sante Fe Railroad Right-of-Way, thence Northeast along the west boundary line of the Burlington Northern Sante Fe Railroad right-of-way to the intersection of the west boundary line of the Burlington Northern Sante Fe Railroad right-of-way and the Alley running East And West and lying between Fir Street and

Grove Street, thence West to 8th Street, thence South along 8th Street to the point of beginning which is the Southeast corner of the intersection of Fir Street and Eighth Street and as further shown on a map on file in the Office of the City Clerk and incorporated herein by reference.

   7.   Sexually oriented businesses, but after approval of a site plan review hearing as provided by Section 12-286, if required, and in strict accordance with the applicable provisions of Article 2, Division 3A of Chapter 12 of the Perry Municipal Code 2022 Supplement, as amended; provided however, sexually oriented businesses shall not be permitted within the Perry Family Friendly District, as provided in Chapter 12, Article 2, Division 2, Section 12-214 of the Perry Municipal Code 2022 or within one thousand (1,000) feet of:

      a.   Any building primarily and extensively used for worship services and religious activities;

      b.   Any public or private school;

      c.   Any public park or playground; or

      d.   Any public library.

   Provided, that if any such building used for worship and religious activities, any public or private school, any public park or playground, or any public library shall be established within one thousand (1,000) feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect. The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the sexually oriented business along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

   C.   SITE DESIGN REQUIREMENTS. The following minimum requirements shall in a C-2 General Commercial Zoning District:

   1.   No minimum lot area and width.

   2.   Height. No building shall exceed twenty-five feet (25') in height, measured from the mean elevation of the lot.

   3.   A twenty-five feet (25') setback.

   4.   No side yard setbacks, except for sides adjacent to residential properties, in which case the setback shall be twenty- five feet (25'), and except when any side of the subject lot faces a street, in which case the setback from the street shall be twenty- five feet (25').

   5.   No Rear yard setbacks, except for when the rear yard is adjacent to residential properties, in which case the setback shall be ten feet (10').

   6.   Screening and Landscaping. Property shall be landscaped and screened in accordance with Section 12-286 (Site Plan Review.)

   7.   Off-Street Parking, Access. All permitted uses shall contain adequate space to provide for parking, loading, and maneuvering of vehicles in accordance with Section 12-229 (Parking Space Requirements).

   8.   Signs. All advertising signs relating to the permitted uses shall be designed in such a manner as to be harmonious with Chapter 12. Article 5 of the Perry Municipal Code, 2002, entitled "Sign Regulations".

   9.   Site Plan. Prior to the issuance of a Building Permit for any permitted use, a Site Plan shall be submitted and approved in accordance with Section 12-286 (Site Plan Review).

   A.   GENERAL DESCRIPTION. This District is designed to be the Central Business District or the downtown shopping and employment area for the community and surrounding area. This District is intended to provide space for retailing of all kinds, professional offices, financial institutions, upper level apartment dwellings, hotels, and limited wholesaling, conducive to a high volume of pedestrian traffic.

   B.   DISTRICT USE REGULATIONS. Permitted Uses.

Any use permitted in C-2 General Commercial District.

Any permitted use desiring both a residential and commercial in this district (hereinafter referred to as a “split occupancy”) shall be subject to the following rules:

   1.   In a two-story or three-story building desiring a split occupancy, the residential dwelling unit shall only be located on the 2nd floor or 3rd floor of the building.   

   2.   In a one-story building desiring a split occupancy, the residential dwelling unit shall be located in the rear portion of the building and shall comprise not more than 50% of the total square feet of the ground floor space; provided however, with the recommendation of the Planning Commission, such percentage can be increased by the City Council but not greater than sixty percent (60%).   

   3.   The 1st floor of any two-story or three-story buildings desiring a split occupancy shall be commercial.   

   4.   The front portion of all one-storied buildings desiring a split occupancy shall be commercial.    

   5.   Certificates of occupancy must be issued for each split occupancy use prior to the initiation of each such use.   

Use by Review

The following uses may be permitted after review and approval by the Planning Commission in accordance with Section12-287 B, C, D, E, F & G (Use by Review).

   1.   Light manufacturing.   

   2.   Warehouses, general.   

   C.   AREA REGULATIONS.

   1.   No minimum lot area or width.

   2.   No front yard setbacks.

   3.   No side yard setbacks, except for any side adjacent to a Residential District.

   4.   Height. Maximum Twenty-five (25) feet.

   5.   Signs. All advertising signs relating to the permitted uses shall be designed in such a manner as to be harmonious with Chapter 12. Article 5 of the Perry Municipal Code, 2002, entitled “Sign Regulations”.

   A.   GENERAL DESCRIPTION. This District is intended to encourage and facilitate the design of small, planned shopping areas, developed as an unified groupings, in one or more buildings, or retail shops and stores outside of the Central Business District. Any retail shopping area permitted under this District shall be developed as a unit, with adequate off-street parking areas, safe ingress and egress, and appropriate landscaping and use of natural features, to encourage a safe and attractive area for commercial activity, which will not be disruptive of any residential environment.

   B.   WHERE ESTABLISHED. A planned business center may be established upon any tract of land held by single ownership or under unified control; provided that a plan of development has been submitted in compliance with the regulations of this Section. Unified control, for purpose of this District, implies a joint ownership in the form of a property owners association or partnership agreement whereby all owners agree to the collective development of all the property within the District.

   C.   SIZE OF DISTRICT. The minimum area of a planned commercial district shall be One (1) acre.

   D.   PERMITTED USES. Uses permitted in a planned commercial district may include all uses permitted in the C-2 General Commercial District, together with uses and structures clearly incidental and necessary to the permitted uses and structures in this District.

   E.   USES BY REVIEW. Subject to the Use by Review provisions contained in this Section 12-287, the following uses may be permitted:

Gasoline, service, or filling stations, provided that it is designed as an integral part of the overall development and it will not create a traffic pattern which is hazardous, unsafe, or detrimental to the entire development.

Medical Marijuana Dispensaries and/or a Tier I Medical Marijuana Processor Facility and/or a Tier II Medical Marijuana Processor Facility, but only after approval of a site plan review hearing as provided by Section 12-286, if required, and in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2022, as amended.

Sexually oriented businesses, but after approval of a site plan review hearing as provided by Section 12-286, if required, and in strict accordance with the applicable provisions of Article 2, Division 3A of Chapter 12 of the Perry Municipal Code 2022 Supplement, as amended; provided however, sexually oriented businesses shall not be permitted within the Perry Family Friendly District, as provided in Chapter 12, Article 2, Division 2, Section 12-214 of the Perry Municipal Code 2022 or within one thousand (1,000) feet of:

      a.   Any building primarily and extensively used for worship services and religious activities;

      b.   Any public or private school;

      c.   Any public park or playground; or

      d.   Any public library.

Provided, that if any such building used for worship and religious activities, any public or private school, any public park or playground, or any public library shall be established within one thousand (1,000) feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect. The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the sexually oriented business along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

   F.   SITE DESIGN REQUIREMENTS.

   1.   Maximum height of a building, Twenty-five (25) feet.

   2.   Width, minimum of Fifty feet at the building line.

   3.   Front yard setback, minimum Twenty-five feet.

   4.   Side yard setbacks, none except minimum of twenty-five feet for side adjacent to residential area.

   5.   Rear yard setbacks, there shall be a rear yard, alley, service court or combination thereof, of not less than thirty feet.

   6.   Screening and landscaping. Property shall be screened and landscaped in accordance with Section 12-286 (Site Plan Review). Project structural and street coverage (excluding parking) shall not exceed fifty percent of the total land area.

   7.   Off-Street Parking, Access. All permitted uses shall contain adequate space to provide for parking, loading, and maneuvering of vehicles in accordance with Section 12-228 (Parking Space Requirements.)

   8.   Signs. All advertising signs relating to the permitted uses shall be designed in such a manner as to be harmonious with Chapter 12. Article 5 of the Perry Municipal Code, 2002, entitled “Sign Regulations”.

   9.   Site Plan Review. Prior to the issuance of a Building Permit for any permitted use, a Site Plan shall be submitted and approved in accordance with Section 12-286 (Site Plan Review).

   B.   INTENT. The Site Plan Review process recognizes that the developments to which it is made applicable, even though generally suitable for location in a particular district or on a particular site are because of their nature, size, complexity, or other indicators of probable impact, capable of adversely affecting the purposes for which these regulations are established, unless careful consideration has been given to critical design elements. Therefore, it is the intent of this process to ensure that all elements are reviewed for compatibility with the provisions of these regulations. A Site Plan, much like a preliminary plat of subdivision, is intended to serve as a working document for the developer and the City. It shall provide sufficiently detailed information to allow an informed decision concerning the overall acceptability of the proposed development.

   C.   APPLICABILITY. Site Plan Review shall be required, as a precondition to the issuance of a Building or Occupancy Permit, in the following instance:

The development or establishment of any commercial or special or industrial use.

   D.   RESERVED.

   E.   DESIGN STANDARDS. The following design standards shall apply to any development requiring Site Plan Review:

   1.   Access. All developments requiring Site Plan Review shall have adequate and safe vehicular access to adjacent streets. All entrance and exit driveways to public streets shall be located with due consideration for traffic flow so as to afford minimum conflict to traffic on public streets. All such entrances and exits shall be so located and designed so as to comply with the Traffic Control Policies of the City and in the case of State Highways, with the Oklahoma State Highway Commission's Driveway Regulations for Oklahoma Highways.

   2.   Drainage. Proper surface drainage shall be provided so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system and will, so far as practicable, avoid flooding, erosion, and detrimental depositing of silt, gravel, or stone. Surface water shall be removed from all roofs, canopies, paved and other areas and disposed of in an appropriate drainage system as approved by the Building Official.

   3.   Landscaping. Landscaping shall be included as an integral part of the development to provide a quality of life and amenities in keeping with the natural physical surroundings of the City. All developments shall be landscaped with trees, ornamental shrubs, and green areas according to the following standards:

   a.   No less than five percent (5%) of the total land area of the development shall be landscaped with trees, ornamental shrubs, walkways, and green areas. At least seventy-five percent of this area shall be in the front or side yards.

   b.   All Site Plans shall include a detailed landscaping plan indicating the type and number of plants to be provided.

   c.   Artificial grass or any form of synthetic plant shall not be permitted as landscaping.

   d.   The use of gravel as ground cover shall not be considered as meeting the minimum requirements of this Section.

   e.   The plan shall not interfere with sight triangles at intersections as provided in the Subdivision Ordinance.

   f.   A Certificate of Occupancy shall not be issued until landscaping has been installed in accordance with the approved Site Plan. If the season of the year will not permit planting, a temporary Certificate of Occupancy shall be issued until growing season. Failure to plant landscaping shall be a violation of these regulations.

   g.   All landscaping improvements shall at all times be maintained in a live and healthy manner.

   h.   The Planning Commission and the City Council may require that existing landscaping and vegetation on the site be retained in order to satisfy the requirements of this Section.

   i.   The Zoning Officer, with approval from the City Manager, can exempt any industrial development from compliance with any or all of these landscaping provisions but shall provide the reasons therefore in a written memorandum, containing appropriate zoning and planning considerations, and provided to the Planning Commission and City Council at the time of the consideration of the Site Plan Review.

   4.   Lighting. All lighting in parking areas, as part of signs and advertising or special lighting, shall be so arranged to avoid unreasonable reflection, glare, or radiation onto operators of motor vehicles, pedestrians, and neighboring land uses or properties. Outdoor lighting when provided, shall have an arrangement of reflectors and an intensity which will not interfere with adjacent land uses or the use of adjacent streets. No flickering, moving, or flashing lights shall be permitted.

   5.   Parking. The location, width and layout of interior drives shall be appropriate for the proposed interior circulation (See 12-231). The location and layout of accessory off-street parking and loading spaces shall provide for efficient circulation and the safety of pedestrians and vehicles. The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures, and landscape. Provisions shall be made for access by police, fire, and emergency vehicles. The Zoning Officer, with the approval of the City Manager, can exempt any industrial development from compliance with any or all of the these parking provisions but shall provide the reasons therefore in a written memorandum, containing appropriate zoning and planning considerations, and provided to the Planning Commission and City Council at the time of the consideration of the Site Plan Review.

   a.   All parking lots containing more than 10 spaces must have a minimum five (5) foot landscaped strip adjacent to their perimeters with shade trees planted in the amount equivalent to one shade tree for every thirty-five (35) feet of the perimeter lineal footage. On parking lot perimeters adjacent to residentially zoned or developed land, the landscaped strip shall contain 75% opaque screening which shall include a solid wall, fence, or compact evergreen hedge not less than five (5) feet in height. In addition, unenclosed parking lots with more than twenty (20) spaces shall have a minimum of two percent (2%) of the interior surface area landscaped and shall have a permanent underground watering system. The interior landscaping shall be in planting islands at aisle ends or strips between aisles. Where planting will be susceptible to injury by pedestrians or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices. The landscaping requirements herein can be amended or waived in certain circumstances to provide for overflow parking when necessary to better serve the interests of the business and the public. For purpose of this section, the term “overflow parking” shall mean parking spaces and areas in excess of that required by this code.

   b.   Surfacing. Except as otherwise provided herein, all property used for parking of vehicles, storage and display of merchandise, and all driveways used for vehicle ingress and egress shall be paved with a hard surface (See Section 12-231). Alternate Pavement Systems. An alternate pavement system may be substituted for concrete or asphalt for the construction of overflow parking of vehicles, storage and display of merchandise, and other locations where vehicles will drive, turn and exit or park, provided the design and construction of such paving system meets the following performance standards:

   (1)   Rock or gravel paving systems which does not allow the water to permeate into the subsurface directly below the paving system.

   (a)   MATERIALS. Aggregate shall conform to the applicable requirements of ASTM D 1241 or, if so specified, shall be obtained from designated sources. The aggregate material shall be free from vegetable matter and other deleterious sources. The surface course shall meet the requirement of ASTM D 1241 for Type I with Gradation C or any other gradation, which will grade within the following limits:   

 

 

   (b)   DRIVEWAYS. Driveways shall meet the following requirements:   

When tested in accordance with ASTM D 4318, the plasticity index shall not be more than five.

When tested in accordance with ASTM D 4318, the liquid limit shall not be more than 25 percent.

Driveways to be surfaced including the drainage ditches shall be scarified minimally to the top 6 inches of the road bases and mixed with water to within plus or minus 1% optimum moisture and compacted as necessary to provide density of road base matrix not less than 95% maximum Proctor density (ASTM-698).

The road surface coarse material shall be compacted as necessary to provide density of the road gravel surface matrix not less than 95% maximum Protor density (ASTM-698).

   (c)   BASE PREPARATION. The area to be surfaced shall be compacted as specified. The surface shall be inspected and approved by the City’s engineer before an aggregate surfacing material is placed.    

   (d)   PLACEMENT. The aggregate shall be deposited, spread, processed, and compacted on the prepared subgrade to the required thickness as designated by the City Engineer. Minimum thickness of the rock or aggregate layer shall be six inches. In the event segregation occurs, the material shall be bladed until the various sizes of aggregate are uniformly and satisfactory blended. After being spread, the material shall be watered, mixed, and shaped to the required section, and compacted as specified. The completed course shall be smooth, true to grade and cross-section and free from ruts, humps, depressions, and irregularities.   

   (e)   DRAINAGE. Low drainage channels shall be provided to carry the water to proper and adequate drainage to a designated storm water collection area or conveyance system. Such paving system shall also be designed to direct and/or convey water flow away from a structure.   

   (f)   CROSS-SECTION. The cross-section as provided shall be followed if required by the City Engineer.   

   (g)   CULVERTS. Culverts may be required to be placed in such location(s) as specified by the City.    

   (h)   The approach shall be a minimum of twelve feet (12’) in width, six inches (6”) in depth, and constructed of concrete.   

   (2)   Rock or gravel paving systems which allow the water to permeate into the subsurface directly below the paving system (hereinafter referred to as permeable pavement system“).

   (a)   Such paving system is installed in a manner that prevents water from standing for longer than forty-eight (48) hours in, on, or below the pavement following a rainfall event.   

   (b)   Such paving system is installed in a manner which allows for proper and adequate drainage to a designated storm water collection area or conveyance system.   

   (c)   Such paving system is designed to direct and/or convey water flow away from a structure.   

   (d)   Innovative or specialized permeable pavement systems may be utilized provided the design and construction thereof strictly adheres to the manufacturer’s specifications for installation and use. Such specifications and/or drawings shall be submitted to the City of Perry for review and approval prior to start of construction.   

   (e)   Design and construction of such permeable paving systems shall conform to all other requirements of the City Code or Standards, including the following standards:   

The approach shall be a minimum of twelve feet (12’) in width, six inches (6”) in depth, and constructed of concrete.

Mirafi Fabric No. #RS380i or an equivalent liner shall be placed from the back of the concrete approach to the edge of any area covered by the aggregate.

Permeable pavement is asphalt or concrete of a type permitted by the City Engineer shall be mixed with fewer fine particles to create more air space which allows water to permeate through it. An underlying layer of fine sediment shall be placed and below in a bed of uniform-grade stones that shall store the water as it infiltrates into the ground. The thickness of each material shall be certified by an engineer or approved by the City Engineer.

As much of the soil in the City is hard clay and does not permit the infiltration of water through it, an appropriate soil test and certification from a licensed engineer shall be required for the installation of a permeable pavement system.

   d.   The decision whether to permit an alternate pavement system for overflow parking areas shall be based on its intended location, utility, aesthetic considerations, surrounding uses and such other factors as the Planning Commission and City Council deem appropriate. No alternative pavement system may be used on an approach to or from any property, which approach shall be in concrete.

   (3)   Provisions applicable to both types of alternative paving systems:

No owner or person in lawful possession of the property upon which either of the alternate paving systems are used shall permit rock or other aggregate from being carried out into the street from the property. In the event such occurs, the owner or person in lawful possession of the property shall immediately remedy the occurrence or shall be subject to a fine and costs.

   6.   Relation of proposed structures to environment. Proposed structures on the site shall be related in style and design and shall also relate visually to the terrain and existing buildings and roads in the vicinity. The achievement of such harmonious relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. Proposed structures shall be so cited as to minimize any adverse impact upon the surrounding area, and particularly upon nearby residences, by reason of:

   a.   Building location, height, bulk, and shadows;

   b.   Location, intensity, direction, and time usage of outdoor lighting;

   c.   Likelihood of nuisances;

   d.   Other similar considerations.

Appropriate screening shall be required to minimize any such adverse impact.   

   7.   Screening. Development and maintenance of plantings, fences, and walls shall be provided as an aesthetic barrier against traffic, noise, heat, glare, and dust for the protection and conservation of property. Whenever any lot located in any commercial or special use or industrial zone is to be developed or occupied by a commercial or special use or industrial uses(s) and it abuts a lot located in any residential zone or a lot developed residentially, or it otherwise abuts any property or lot which should be visually protected from such use as determined by the Planning Commission and/or the City Council, the lot shall be screened by the development with a minimum 75% opaque barrier not less than 5 feet in height along the entire abutting lot line. Said screening or barrier shall be dense landscaping, earthen berm, solid lumber or masonry fence, wall, or combination thereof. Solid lumber fencing shall be treated or painted in earth tone colors. More extensive screening may be required by the Planning Commission and City Council in instances where the above described screening does not adequately protect adjacent properties from unsightly or distractive activity. The screening shall be maintained in good condition. Prescribed screening need not be provided along a lot line if a building, fence, wall or dense landscaping of at least equivalent height, capacity, and maintenance exits immediately abutting on the opposite side of said lot line. In addition, the Planning Commission and the City Council may require that existing landscaping and vegetation on the site which serves a partial or full screening be retained in order to satisfy the requirements of this Section. The Zoning Officer, with the approval of the City Manager, can exempt any industrial development from compliance with any or all of the these screening provisions but shall provide the reasons therefore in a written memorandum, containing appropriate zoning and planning considerations, and provided to the Planning Commission and City Council at the time of the consideration of the Site Plan Review.

   8.   Special Features. Outside storage areas, service and machinery installations, service areas, truck loading areas, utility buildings, and structures, and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent any adverse effect upon the environment or nearby property.

   9.   Waste disposal. All containers for the disposal of wastes can be required to be located on a concrete pad and shall be screened to the extent that the container cannot be viewed by the public.

   10.   Public Rights-of-Way, Streets and Easements. Each Site Plan shall provide for the appropriate dedication and improvement of needed rights-of-way and easements as are necessary to adequately serve the proposed development and occupancy and the minimum design standards of the City.

   11.   Signs. Except as otherwise hereinafter provided, all signs submitted as a part of Site Plan Review Process shall conform to the sign regulations provided for in Chapter 12, Article 5 of this municipal code (hereinafter “Sign Ordinance”). In the case of an application for a sign that does not meet the terms of the Sign Ordinance the applicant may apply to the Board of Adjustment for a variance, or as a part of the Site Plan Process, to the Planning Commission and City Council for a special exception as specifically hereinafter provided. Any request for a special exception to the Sign Ordinance regarding a discretionary decision on the part of the governing body may only be considered with respect to the location, height, size, or lighting of the sign. The specific criteria to be considered by the Planning Commission and City Council when considering a special exception to the Sign Ordinance are the following:

   A.   The special exception sought must not violate the terms of any applicable International Code; and   

   B.   The special exception must, as best as possible, take into consideration the natural environment, and the health, safety and welfare of the residents and landowners immediately adjacent to the sign, including issues concerning location, height, size or lighting of the sign; and    

   C.   Whether the special exception is for a temporary or permanent sign.   

Reasonable conditions may be required in conjunction with the approval of a special exception to the Sign Ordinance and such reasonable conditions shall be memorialized in writing in the ordinance or resolution or motion (with official minutes) approving the special exception as a part of the site plan. Moreover, the specific special exception sought to the Sign Ordinance must be identified in the required site plan public notice.

   F.   PRE-APPLICATION REVIEW. Prior to submission of a Site Plan, the applicant should discuss with the Zoning Officer the procedure and the requirements of the general layout of the site, utilities, access to arterials, general design and narrative, the availability of existing services, and similar matters. The intent of the pre-application review is to expedite the Site Plan Review process and to facilitate the approval of the Development.

   G.   SITE PLAN PREPARATION.

   1.   Site Plans or any portion thereof involving Public Engineering improvements shall be certified by a Professional Engineer registered in the State of Oklahoma.

   2.   Every Site Plan shall include a Boundary Survey completed and certified by a land surveyor licensed by the State of Oklahoma.

   3.   Site Plans shall be prepared to a scale of one-inch equals fifty feet or larger.

   4.   A Site Plan shall be prepared on one or more sheets to show clearly the information required by these regulations and to facilitate the review and approval of the plan. If appropriate, match lines shall clearly indicate where sheets join.

   5.   The Site Plan must, at the time of submittal, be accompanied by the completed application form. The filing fee for Site Plan Review shall be twenty-five dollars ($25.00). An application for the approval of a Site Plan may be processed simultaneously with and contingent upon, the approval of, an application for a zoning amendment.

   H.   CONTENTS OF THE SITE PLAN.

   1.   All Site Plans shall contain the following information:

   a.   Location of the tract, with references to names of adjoining streets, streams, bodies of water, railroads, subdivisions, or other landmarks sufficient to clearly identify the location of the property.

   b.   The name, address and telephone of the owner or developer, north arrow, date, scale of drawing, and number of sheets.

   c.   Boundary dimensions and references as indicated by survey.

   d.   Existing topography, with a maximum contour interval of two (2) feet, if required by the Zoning Officer.

   e.   All existing and proposed streets, pedestrian circulation systems, utilities, and easements, indicating their name, type and dimensions and the location of all private utility service lines and connections to public utilities.

   f.   Zoning of all adjacent properties.

   g.   The delineation of any flood hazard areas and drainage features as defined by the Federal Insurance Administration.

   h.   Location, type, and dimensions of vehicular entrances to the site.

   i.   All off-street parking and loading areas in accordance with off-street parking regulations as specified in this Code.

   j.   The proposed location, use, number of floors, height, and gross floor area for each building; any outside display areas; signs and lighting. Elevation drawings shall be submitted for all signs and buildings.

   k.   Location, type, size, and height of fencing, retaining walls, screening, plantings, or landscaping. Elevation drawings shall be submitted for all screen planting and fencing.

   l.   Provisions for the adequate disposition of natural storm water in accordance with the adopted design criteria, standards, and ordinances of the City indicating the location, size, type and grade of ditches, catch basins and dips, and connections to existing drainage systems and on-site storm water detention systems.

   m.    Proposed finished grading by contours of two (2) feet supplemented where necessary by spot elevation if required by the Zoning Officer.

   n.   The Zoning Officer, with the approval of the City Manager, can exempt any development from compliance with any of the required contents of the Site Plan but shall provide the reasons therefore in a written memorandum, containing appropriate zoning and planning considerations, and provided to the Planning Commission and City Council at the time of the consideration of the Site Plan Review.

   I.   SITE PLAN SUBMISSION AND REVIEW. Plans for Development on Property.

   1.   All Site Plans shall be reviewed and approved by the Planning Commission prior to the issuance of any Building Permit or Occupancy Permit for the property.

   2.   The Site Plan shall be submitted to the Zoning Officer no later than 10 days prior to the Planning Commission meeting date at which it is to be considered.

   3.   The Zoning Officer shall review the Site Plan for completeness and compliance with the provisions of these regulations. Any necessary modifications shall be forwarded to the applicant for resubmittal.

   4.   After review, the Zoning Officer shall provide to the Planning Commission, a written report recommending and listing reasons for the approval or denial of the Site Plan.

   5.   The Planning Commission shall conduct a public hearing regarding the proposed Site Plan and shall consider:

   a.   Whether the proposed Site Plan is consistent with the Land Use Plan.

   b.   Whether the proposed Site Plan harmonizes with the existing and expected development of surrounding areas.

   c.   Whether provisions have been made for proper accessibility, circulation, and functional relationships of land uses.

   d.   Whether the proposed Site Plan is consistent with the purposes and standards of these regulations.

   6.   The Planning Commission may take the following actions:

   a.   Approval. If the Site Plan is recommended for approval, the developer may make application for permits in compliance with the approved Site Plan.

   b.   Conditional approval. The Planning Commission may recommend conditional approval of the Site Plan subject to any necessary amendments.

   c.   Denial. If the Site Plan is recommended for denial, the reasons for such shall be recorded in the minutes of the Planning Commission meeting. The reasons for denial shall refer to specific provisions of these regulations which the Site Plan does not conform.

   d.   Exemptions. In making such recommendation of approval or conditional approval of any Site Plan to the City Council, the Planning Commission may exempt any development from compliance with any of the Design Standards but shall set out their reasoning in their motion and minutes.

   7.      The recommendation of the Planning Commission shall be referred to the City Council for final action.

   8.   The City Council shall approve, conditionally approve, or deny the Site Plan, including accepting or rejecting, in whole or in part, any recommended exemption from the Design Standards. In the case of any action other than approval, the City Council shall state the reasons for its action. As a condition of approval, the City Council may require certain on-site and off-site improvements to be installed.

   J.   PUBLIC NOTICE.

   1.   After the Zoning Officer receives an application for Site Plan Review, the subject property shall be posted with a notice or notices which shall describe the development being proposed and the time and place in which the application may be viewed by any interested person.

   2.   Said Notice shall be posted no later than ten (10) days prior to the hearing before the Planning Commission. The subject property shall remain posted until a final decision has been made concerning the application.

Upon approval of the Site Plan, building permits may be issued in accordance with the provisions of the approved Site Plan.

   K.   AMENDMENTS. Minor changes to the Site Plan may be accomplished administratively through the Zoning Officer so long as substantial compliance is maintained with the approved Site Plan. Proposed changes which could represent a significant departure from the Site Plan, as approved by the Planning Commission or City Council, shall require resubmittal. Major changes to an approved Site Plan which would require resubmittal shall include but not be limited to, an increase in the bulk of any building by more than five percent (5%), and increase in residential density, or an increase in total ground area covered by buildings by more than five percent (5%).

   L.   OCCUPANCY PERMIT. Prior to the issuance of any Certificate of Occupancy, the applicant shall complete in a manner satisfactory to the Zoning Officer, all improvements required by these regulations and as required by the City Council.

   M.   EXCEPTIONS: The foregoing Site Plan Procedure shall not apply to:

   1.   New occupancies of existing structures in the “C-3" Central Business District.

   2.   Any use permitted on a temporary basis for a period of not to exceed six (6) months.

   3.   Attached or unattached additions to existing non- residential buildings or uses; provided however, such additions must not change the character of the use or cause or extend a nuisance or nonconformity and must otherwise conform to the appropriate city ordinances.

   N.   ADMINISTRATIVE SITE PLAN REVIEW: The following Administrative Site Plan Review procedures shall apply to additions to existing non-residential buildings or uses, when such additions do not change the character of the use, cause or extend a nuisance or nonconformity and otherwise conform to the appropriate city ordinances.

   1.    There is hereby created an Administrative Site Plan Review Board (hereinafter the “Board”) to review applications for Administrative Site Plan Review (hereinafter the “review”). The Board shall be composed of the Zoning Officer, the Planning Advisor and the Chairman of the Planning Commission or his designee.

   2.   Any Administrative Site Plan Review Applicant (hereinafter the “Applicant”) shall request a Pre-Application Review with the Zoning Officer as provided by subsection F. Prior to the administrative hearing, the Zoning Officer may choose, in his sole discretion, to send the Application for consideration and review by the Planning Commission and the City Council.   

   3.   The Zoning Officer shall determine which design standards (as provided in subsection E), what site plan preparation (as provided in subsection G) and which site plan contents are applicable for this type of Application, together with any such other related matters to expedite the Application. Upon submission of such applicable items in the Application by the Applicant to the City Clerk, the affected property shall be immediately posted with a notice which describes the development being proposed and the time and place of the administrative hearing before the Board. The property shall be posted for at least five (5) days prior to the date of the administrative hearing. At the hearing, the Board shall consider:   

   a.   Whether the proposed Site Plan is consistent with the Land Use Plan;

   b.   Whether the proposed Site Plan harmonizes with the existing and expected development of surrounding areas;

   c.   Whether provisions have been made for the proper accessibility, circulation, and functional relationships of land uses;

   d.   Whether the proposed Site Plan is consistent with the purposes and standards of these regulations; and

   e.   Whether, as a condition of approval, certain on-site and off-site improvements should be installed at the Applicant’s sole cost.

The decision of any two members of the Board shall be binding on the Applicant. All Board decisions shall be reduced to writing and forwarded to the Planning Commission for their records. Any person may appear at the administrative hearing and be heard. If no appeal to the decision of the Board is filed with the City Clerk within three (3) days of the Board’s decision, such decision shall be binding. Any decision appealed shall be heard and decided by the City Council.

   A.   BUILDING PERMIT. The provisions respecting buildings permits are provided in Section 5-106 of this Code.

   B.   Certificate of Occupancy.

   1.   No vacant land shall be occupied or used except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a Certificate of Occupancy shall have been issued by the Building Official.

   2.   Certificate of Occupancy for the use of vacant land or to change any use thereof shall be applied for before any such land shall be occupied or used and a Certificate of Occupancy shall be issued within three (3) days after application has been made provided that the use is in conformity with the provisions of the ordinances of the City.

   3.   The Certificate of Occupancy for the use of the building shall be as provided by the Building Code of the City.

   4.   No fee shall be charged for the original Certificate of Occupancy issued in connection with construction of a building. For all other certificates or copies of any original there shall be a charge of five dollars ($5.00) each.

   5.   No permit for excavation for any building shall be issued before application has been made, therefore.

   C.   USES BY REVIEW. The development and administration of a Zoning Ordinance is based upon the division of the City into Zone Districts within which Districts the use of land and buildings and the bulk and position of buildings and structures in relation to the land are relatively uniform. It is recognized, however, that there are occasions when in addition to the principal permitted uses, other uses, hereinafter referred to as "USES BY REVIEW", because of their unique characteristics and because of the uniqueness of their proposed location, may be allowed after careful consideration of the impact of the particular uses upon the neighborhood and the public facilities thereon.

   D.   AUTHORIZATION. The City Council may grant a use that is listed under the Uses by Review in a particular zone or as otherwise provided for after recommendation and at least one public hearing by the Planning Commission. At least twenty (20) days prior to the public hearing, a written notice shall be mailed to all owners of real property located within a three hundred (300) foot radius of the exterior boundary of the property proposed for the use by review. The applicant shall, at his own cost, provide the City with a certified list of property owners from an abstractor or the Noble County Assessor, together with a copy of any restrictive covenants that are applicable to the tract which is the subject of the use by review. In addition, the notice shall be published in a newspaper of general circulation in the City at least fifteen (15) days prior to the public hearing. The mailed and published notice shall contain the following information:

   1.   Legal description of the property and the street address or approximate location in the municipality;

   2.   Present zoning of the property and use by review sought by the applicant; and

   3.   Date, time, and place of the public hearing.

   E.   CONDITIONS FOR AUTHORIZATION. No Use by Review shall be granted by the City Council until the Planning Commission first finds:

   1.   Surrounding Neighborhood: That the value and qualities of the neighborhood surrounding the Use by Review are not substantially injured.

   2.   Intent of General Description: That the Use by Review is consistent with the intent and purpose of the particular zone to promote public health, safety, and general welfare.

   3.   Land Use Plan: That the Use by Review is in keeping with the Land Use Plan of the City.

   F.   APPLICATION. An application for a Use by Review shall be filed with the Zoning Officer. Any evidence as may be necessary to enable the Planning Commission and City Council to properly consider the request should accompany the application. The applicant for a Use by Review shall pay a fee in the same amount as the re-zoning application fee (Chapter 18, Section 12-311).

   G.   RESTRICTION FOR HOME OCCUPATION. The approval of a Use by Review for a home occupation is intended to be for the existing landowner only. Any transfer of ownership after the home occupation is approved nullifies the particular approved use.

   1.   GENERAL DESCRIPTION:

The purpose of the C-5 Planned Commercial Park District is to accommodate a limited group of professional, administrative, wholesale, retail, service, distribution warehouses, and research and manufacturing uses which may have unusual requirements for space, light, and air and the operations of which are quiet and clean to insure the creation and maintenance of an environment which will serve the mutual interest of the community as a whole, as well as the adjacent areas and uses and the occupants of the commercial park area in particular.

   2.   WHERE ESTABLISHED:

A C-5 Planned Commercial Park District may be established upon any tract of land held by a single owner or under unified control; provided a development plan is submitted in compliance with the provisions of this section and from the plan submitted, the planning commission finds that the proposed C-5 Planned Commercial Park District is in keeping with the master plan of the area and will not adversely affect surrounding properties. Further, great care and discretion should be given to the proper size and spacing of the C-5 Planned Commercial Park Districts to keep from over-capacitating utility lines and streets.

   3.   SIZE OF DISTRICT:

The minimum area of a C-5 Planned Commercial Park District shall be ten (10) acres.

   4.   SUBMISSION OF DEVELOPMENT PLAN:

The proponents of a C-5 Planned Commercial Park District shall submit a plan of development to the Planning Commission for its inspection and recommendations.

The development plan shall include the following information:

   a.   Location and size of area involved.

   b.   All improvements of surrounding properties lying within 500 feet of the proposed a C-5 Planned Commercial Park District.

   c.   All known or planned building locations for the proposed a C-5 Planned Commercial Park District.

   d.   All known or planned parking and loading locations of the proposed a C-5 Planned Commercial Park District.   

Prior to the issuance of any building permit(s) there must be an approved development plan with any revisions requested by the Planning Commission and approved by the governing body and on file in the City Planning Offices. All development plans must be considered at a regular meeting of the Planning Commission.

   5.   PERMITTED USES:

Uses permitted in the C-5 Planned Commercial Park District may include the following:

   A.   Any use, except dwellings, permitted in the C-2 General Commercial District. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in this district.

   B.   Administrative and professional offices.

   C.   Any use charged with the principal function of basic research, design and pilot or experimental product development.

   D.   Warehouse and storage facilities, provided that the storage of materials and supplies are contained within an enclosed building totally screened from public view.

   E.   Wholesale operations, provided that the storage of materials and supplies are contained within an enclosed building totally screened from public view.

   F.   Automobile and truck sales operations, provided that the storage of vehicles kept for servicing and repair must be totally screened from public view.

   G.   The retailing of agricultural machinery, equipment and supplies normally required for farming operations, but excluding heavy equipment commonly used in dirt or paving construction.

   H.   Apparel (clothing) and other products manufactured from textile.

   I.   Banks and financial institutions.

   J.   Cameras and other photographic equipment and supplies.

   K.   Dentures and drugs.

   L.   Jewelry.

   M.   Laboratories - medical, dental, research, testing.

   N.   Manufacture and assembly of electrical and electronic products.

   O.   Musical instruments.

   P.   Medical appliances.

   Q.   Plastic products.

   R.   Precision instruments.

   S.   Printing, newspaper publishing and binding.

   T.   Sporting and athletic equipment.

   U.   Toys.

   V.   Any other manufacturing or service establishments that in the opinion of the Planning Commission are similar in use to the type listed above.

   6.   AREA REGULATIONS:

   A.   Minimum lot size - 1/2 acre.

   B.   Minimum yard setbacks:

Front Yard - fifty feet

Side Yard - ten feet

Rear Yard - twenty-five feet

   C.   Maximum height of buildings - forty-five feet.

   7.   SIGNS AND BILLBOARDS

All signs and billboards in the C-5 Planned Commercial Park District shall conform to the requirements in Chapter 12. Article 5 of the Perry Municipal Code, 2002, entitled “Sign Regulations”.   

   1.   GENERAL DESCRIPTION

This Industrial District is intended primarily for the activity of light manufacturing, assembling, and fabrication and for some warehousing, wholesale and service uses. These do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air, or street transportation routes.

   2.   PERMITTED USES

   A.   Any use except dwellings, permitted in the Commercial Districts. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in this district.

   B.   Building material sales yard and lumber yard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.

   C.   Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

   D.   Freighting or trucking yard or terminal.

   E.   Oilfield equipment storage yard.

   F.   Public Utility service yard or electrical receiving or transforming station.

   G.   Sale barn.

   H.   No article or material permitted in this District shall be kept stored or displayed outside the confines of a building when abutting a residential zone or residential development, unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

   I.   Distribution or warehousing centers.

   J.   Other uses which are in keeping with the general description of this District and are substantially similar to the above uses but not specifically listed.

The following uses when conducted within a completely enclosed building:

   K.   The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.

   L.   The manufacture, compounding, assembly or treatment of articles of merchandise from the following previously prepared materials: Bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semi-precious metals or stone, shell textiles, tobacco, wood, yard, and paint not employing a boiling process.

   M.   The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.

   N.   The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilation ducts, and equipment, cornices, eaves, and the like.

   O.   Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

   P.   Truck repair and overhauling, tire retreading or recapping and battery manufacturing.

   Q.   Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons rated capacity, drop hammers, and automatic screw machines.

   R.   Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

   S.   Assembly of electrical appliances, electronic instruments and devices, radios, and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, and the like.

The use permitted under this Section shall be conducted in such a manner that any noxious odor, fumes or dust generated beyond the property line of the lot on which the use is located will do so only with compliance with all City, State and Federal pollution regulations.

   3.   USES BY REVIEW:

   a.   Salvage yards provided the property can be used in compliance with ordinances licensing salvage yards and meet the three (3) standards as described in Section 12-287 B, C, D, E, F & G (Use by Review), after notice and public hearing.   

   b.   Medical Marijuana Grower Facility in accordance with Section 12-287B, C, D, E, F and G (Use by Review) and after approval of a site plan review hearing as provided by Section 12-286, if required, and in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2022 Supplement, as amended.

   4.   AREA REGULATIONS:

   A.   Front Yard Set-Back

Adjacent to State or Federal Highway - forty feet.

Adjacent to a principal arterial - thirty feet.

Adjacent to a minor arterial or a section line road - twenty- five feet.

Adjacent to any public road or street other than a Federal, State or County Highway and principal arterial - twenty-five feet.

   B.   Side Yard Set-Back - None.

   C.   Rear Yard Set-Back - None unless abutting a Federal, State, a County Highway, or arterial street, or residential zone or development in which case the setback shall be forty (40) feet.

   5.   HEIGHT REGULATIONS:

No building shall exceed three and one-half (3 ½) stories or forty- five (45) feet in height.

   6.   SIGNS AND BILLBOARDS

All signs and billboards in the I-1 district shall conform to the requirements in Chapter 12, Article 5 of the Perry Municipal Code, 2022, or as amended, entitled "Sign Regulations".

   1.   GENERAL DESCRIPTION

This Industrial District is generally intended to provide for heavy industrial uses as well as other uses not otherwise provided for in the districts established by these regulations. The intensity of uses permitted in this district makes it desirable that they be located in an area separated from residential and commercial uses.

   2.   PERMITTED USES:

Property and buildings in an I-2 Heavy Industrial District may be used for any use except the following:

   A.   All residential uses except sleeping facilities required by night watchmen and caretakers employed upon the premises.

   B.   All uses not complying with these regulations or any other City, County, State or Federal Regulation or law.

Property and buildings in an I-2 Heavy Industrial District may be used for Medical Marijuana Grower Facilities shall be permitted in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2018 Supplement and after approval of a site plan review hearing as provided by Section 12-286, if required.

Property and buildings in an I-2 Heavy Industrial District may be used for Medical Marijuana Processor Facility shall be permitted in strict accordance with the applicable provisions of Article 5 of Chapter 9 of the Perry Municipal Code 2018 Supplement and after approval of a site plan review hearing as provided by Section 12-286, if required.

   C.   All of the following uses until they have been studied by the Planning Commission and have received the express approval of the City Council. The Planning Commission may require approval of the County Health Department, the State Fire Marshal and other State and County regulating agencies and may attach to the approval specific restrictions designed to protect the Public Welfare.

   1.   Acid Manufacture.

   2.   Cement, lime, gypsum, or plaster of paris manufacture.

   3.   Explosives, manufacture, or wholesale (liquid explosive) storage.

   4.   Gas manufacture.

   5.   Grain elevator and storage.

   6.   Petroleum or its products, refining of.

   7.   Wholesale or bulk storage of gasoline, propane, butane, or other petroleum.

   8.   Salvage yards, unless authorized by review under Section 12-287 B, C, D, E, F & G (Use by Review), herein as to property which can comply with the requirements of licensing ordinances for salvage yards.

   D.   AREA REGULATIONS:

   1.   Front Yard Set-Back - same as I-2

   2.   Side Yard Set-Back - none.

   3.   Rear Yard Set-Back - none.

   E.   HEIGHT REGULATIONS:

None

   F.   SIGNS AND BILLBOARDS

All signs and billboards in the I-2 district shall conform to the requirements Chapter 12. Article 5 of the Perry Municipal Code, 2004, entitled “Sign Regulations”.    

(Note: Approved on October 6, 2003, by Ordinance No. 2003-17).

   A.   Any use, constructed, established, altered, or enlarged in the I-2 industrial district after the effective date of this chapter shall be so operated as to comply with the following standards:

   1.   No building shall be used for residential purposes, except that a watchman may reside on the premises;

   2.   No retail sales or services shall be permitted except as incidental to or accessory to a permitted use.

   3.   No noise either continuous or intermittent from any operation conducted on the premises, other than that emanating from vehicular traffic, shall be detectable at any boundary line of the I-2 district;

   4.   No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the lot on which the use is located;

   5.   No vibrations shall be detectable beyond the lot lines of the lot on which the use is located;

   6.   Exterior lighting fixtures shall be shaded wheresoever necessary to avoid casting direct light upon property located in any residential district;

   7.   The manufacture of flammable materials which produce explosive vapors or gases is prohibited;

   8.   No outside storage of equipment or material, except equipment for daily use, shall be permitted in such a location where it can be viewed from any public street; or

   9.   Any operation that produces intense glare or heat shall be performed within a completely enclosed building and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.

   A.   Within the I-2 industrial district, the following uses are permitted:

   1.   Building material sales;

   2.   Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages;

   3.   Compounding, processing, and blending of chemical products, but not including any materials which decompose by detonation;

   4.   General and administrative offices;

   5.   Machine shops and metal products manufacture and tool and die shops;

   6.   Mail-order houses;

   7.   Manufacturing and assembling (or any combination of such processes) of products from wood, cork, glass, leather, iron, steel, fur, plastic, felt, and other textiles;

   8.   Manufacturing and assembling of electrical and electronic products and equipment.

   9.   Printing and binding plants;

   10.   Research laboratories;

   11.   Warehouse and storage facilities;

   12.   Water filtration plants, pumping stations, reservoirs, and lift stations;

   13.   Any other manufacturing process or establishment;

   14.   Accessory uses incidental to and on the same zoning lot as a principal use;

   15.   Any of the following uses:

   a.   Blacksmiths, tinsmiths, and sheet metal shops;   

   b.   Bottling works;

   c.   Canning or preserving factories;

   d.   Cold storage plants;

   e.   Ice cream production and distribution;

   f.   Laundry and dry-cleaning plants;

   g.   Machinery rental, sales, and service;

   h.   Machine shops;

   i.   Manufacturing, fabricating, assembling, repairing, storing, and cleaning, servicing, or testing of any of the following materials, goods, or merchandise:

   (1)    Apparel;

   (2)   Automobile wrecking and junk yards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight (8) feet in height;

   (3)   Beverages (nonalcoholic), processing and bottling;

   (4)   Building materials specialties;

   (5)   Bulk fuel sales and storage;   

   (6)   Clothing;   

   (7)   Compounding and packaging of chemicals;   

   (8)   Cosmetics and toiletries;

   (9)   Dairy products;

   (10)   Drugs and pharmaceutical products;   

   (11)   Electrical and acoustical products and components;   

   (12)   Food products (except fish, sauerkraut, vinegar, and yeast);    

   (13)   Furniture;

   (14)   Glass products;

   (15)   Ice, dry and natural;

   (16)   Jewelry;

   (17)   Medical laboratory supplies, equipment, and specialties;

   (18)   Metal products and utensils;

   (19)   Milk, bottling and distribution;

   (20)   Monumental stone cutting;

   (21)   Motor freight terminals;

   (22)   Musical instruments;

   (23)   Optical goods;

   (24)   Paper products, including boxes and containers;

   (25)   Pattern shops;

   (26)   Processing of meat and vegetable products, including the slaughter of animals;

   (27)   Radios, phonographs, recorders, and television sets and parts;

   (28)   Railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor;

   (29)   Sign painting;

   (30)   Soldering and welding shops;

   (31)   Spray painting and mixing;

   (32)   Textiles;

   (33)   Toys and children's vehicles;

   (34)   Trailers and carts; and

   (35)   Wood products, including wooden boxes and containers.

 

 

   A.   There are no area requirements in an I-2 district.

   B.   There are no lot frontage requirements in an I-2 district.

   C.   Not more than ninety percent (90%) of the lot area shall be covered with improvements. Paved areas are not considered as improvements within the meaning of this provision.

   D.   There are no height requirements in an I-2 district.

   E.   No structure shall be erected, commenced, or maintained which has a front yard of less than twenty-five (25) feet.

   F.   No structure shall be erected, commenced, or maintained which has a front yard of less than twenty-five (25) feet.

   G.   No structure shall be erected, commenced, or maintained which has a rear yard of less than twenty-five (25) feet.

All signs and billboards in the I-2 district shall conform to the requirements in the sign ordinance.

   A.   GENERAL DESCRIPTION. This District is intended for those uses not otherwise specifically covered by the other districts. The primary purpose is for public and quasi-public uses.