This Ordinance, in pursuance of the authority granted by the Legislature of the State of Oklahoma, in Title 11, Article XLIII, Sections 43-101 through 43-109, and Article XLIV, Sections 44-101, 44-102, and 44-104 through 44-110 of the Oklahoma Statutes, shall be known as the "Zoning Ordinance of the City of Piedmont," and may be cited as such.

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to prevent undue concentration of population; and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. In interpreting and applying the provisions of this Ordinance they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

A.

This Ordinance classifies and regulates the use of land, buildings, and structures within the corporate limits of the City of Piedmont, State of Oklahoma, as hereinafter set forth by dividing the City into districts and regulating there the use of the land and the use and size of building, the size of yards and open spaces, the location of buildings, and the density of population.

B.

Except as hereinafter otherwise provided no land 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 conformity with the regulations contained herein.

The City of Piedmont is hereby divided into districts as shown on the Zoning Map filed with the City Clerk. The map as amended and all explanatory materials thereon is hereby made a part of this Ordinance. Zoning Districts shall be designated as follows:

A.

Agricultural Districts

1.

A-1 General Agricultural District

B.

Residential Districts

1.

RE Rural Estate Residential District

2.

RE-1 Medium Size Rural Estates Residential District

3.

RE-2 Minimum Size Rural Estates Residential District

4.

RS-1 Urban Estate Residential District

5.

RS-2 Single-Family Residential District

6.

RS-3 Single-Family Residential District

7.

R-R Residential One-Family Restricted District

8.

RD-1 Two-Family Residential District

9.

RM-1 Multi-Family Residential District

10.

RMH Mobile Home Residential District

C.

Commercial Districts

1.

C-1 Local Commercial District

2.

C-2 General Commercial District

3.

C-3 Central Commercial District

D.

Industrial Districts

1.

I-1 Restricted Light Industrial District

2.

I-2 General Industrial District

3.

I-3 Heavy Industrial District

E.

Overlay District

Specific district regulations are set forth in Chapters 1-3 and 1-4.

A.

The boundaries of the zoning districts are hereby established as shown on the maps entitled Zoning District Maps of the City of Piedmont, Canadian County, Oklahoma which are a part of these regulations and which are on file in the office of the City Clerk. Said maps and all notations, references, data, and other information shown thereon shall be and are hereby adopted and made a part of these regulations.

B.

Unless otherwise indicated on the zoning maps, the district boundaries are lot lines, the center lines of streets or alleys or specified distance therefrom, railroad right-of-way lines, or property lines, as they existed at the time of the enactment of these regulations.

C.

Where uncertainty exists as to the boundaries of the zoning districts or when the street or property existing on the ground is at variance with that shown on the Zoning District Maps, the Board of Adjustment upon written application or upon its own motion, shall determine location of such boundaries.

Unless otherwise stipulated or required, the following definitions shall be used in the interpretation and construction of the ordinance, and words used in the present tense include the future; singular shall include the plural, and the plural the singular; the word "building" shall mean as well the word "structure," "altered," "converted," "rented," "leased," or "intended to be used," and the word "shall" is mandatory and not directory.

A.

Accessory Building or Structure — A building incidental and subordinate to the main building or use and located on the same lot with the main building.

B.

Accessory Use — A use incidental, appropriate, and subordinate to the principal use of land and buildings located upon the same premises.

C.

Advertising Signs, Billboard, or Structure — Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device, or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning, nor other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of this definition.

D.

Agriculture — The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards, auction yards for horses, cattle, hogs or other animals shall be deemed an industrial not an agricultural use.

E.

Apartment House — A multiple-family dwelling. (See "dwelling, multiple")

F.

Automobile — A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, pick-ups, busses, motorhomes, three- or four-wheeled ATVs and motorcycles.

G.

Automobile Repair, Major — 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.

H.

Automobile Repair, Minor — Incidental replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1½) tons capacity.

I.

Automobile Service Station — Any area of land, including structures thereon, that is used for the sale of gasoline, natural gas or fuel oils, and may include butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.

J.

Automobile or Trailer Sales Area — 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 where no repair work is done.

K.

Automobile Wash or Laundry — A structure designed primarily for washing automobiles using production line methods such as a chain conveyer, blower, steam cleaner, high pressure spray, or other mechanical device.

L.

Automobile Wrecking or Salvage Yard — An area outside of a building where motor vehicles are disassembled, dismantled, junked, or "wrecked," or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

M.

Basement — A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes.

N.

Blasting — The use of explosives.

O.

Boarding House/Bed and Breakfast — A dwelling other than a hotel or motel where, for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided.

P.

Board of Adjustment — The Board of Adjustment for the City of Piedmont, Oklahoma, also referred to as Board.

Q.

Building — Any structure intended for shelter, housing, or enclosure for persons, animals, or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.

R.

Building Accessory — The subordinate building, the use of which is customarily incidental to that of a principal building on the same lot. Mobile Homes and Travel Trailers shall not be considered accessory buildings.

S.

Building Coverage — The percent of the lot area covered by the building. The building shall include all overhanging roofs.

T.

Building Height — The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the roofline of a mansard (a mansard may be no taller than that required to conceal roof equipment) roof, or to the average height of the highest gable of a pitch or hip roof.

U.

Building, Main — A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

V.

Building Site — A single parcel of land occupied or intended to be occupied by a building or structure.

W.

Building, Temporary — Any building or structure on skids or not otherwise attached to a foundation or the ground.

X.

Carport — A permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.

Y.

Child Care Facility — Any public or private residential facility, day care center, or family day care home, providing either full-time or part-time care for children away from their own homes, and which is owned or controlled by a political subdivision, a corporation, an unincorporated organization or association, or individual.

In order to provide care for children in child care facilities, a license shall be obtained from the Department of Human Services, which is issued on the basis of meeting minimum standards of the "Oklahoma Child Care Facilities Licensing Act, O.S. § 401-410, Title 18," which are essential for the health and welfare of the child or children placed for care with such agencies and individuals.

Z.

Family Day Care Home — A licensed or approved family home which provides care and protection of seven (7) or fewer children for part of the twenty-four-hour day. The term "day care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or caretakers in the child's own home.

AA.

Day Care Center — A licensed or approved facility which provides care and supervision for eight (8) or more children and which operates for more than thirty (30) hours a week. The term "day care center" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or caretakers in the child's own home.

BB.

City — The City of Piedmont, Oklahoma.

CC.

City Council — The City Council of the City of Piedmont, Oklahoma.

DD.

Clinic, Dental or Medical — A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including but not limited to dental and doctors' offices.

EE.

Comprehensive Plan — The Comprehensive Plan of the City of Piedmont, Oklahoma.

FF.

Convalescent, Rest, Nursing Home, Extended Care Facility — A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

GG.

Court — An open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bordered on two (2) or more sides by such building or buildings.

HH.

Court, Inner — A court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.

II.

Court, Outer — A court the full width of which opens onto a required yard, street, or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street, or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.

JJ.

District, Zoning — Any section or sections of the City of Piedmont, Oklahoma, for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

KK.

Donation Bin — A receptacle or container made of metal, steel or other material designed or intended for the collection and temporary storage of donated clothing or other items.

LL.

Drive-In Restaurant — Any establishment where food, frozen dessert and/or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.

MM.

Dry Cleaning or Laundry, Self-Service — Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

NN.

Dwelling — Any building or portion thereof, which is designed or used as living quarters, for one (1) or more families, but not including house trailers, mobile homes, motor homes or travel trailers.

OO.

Dwelling, Attached — A portion of a building or structure having any portion of one (1) or more in common with an adjoining dwelling or dwellings, or ceiling or one (1) dwelling in common with floor or another dwelling.

PP.

Dwelling, Detached — A building or structure having open space on all sides.

QQ.

Dwelling, Single-Family — A detached dwelling designed to be occupied by one (1) family.

RR.

Dwelling, Two-Family — A dwelling designed to be occupied by two (2) families living independently of each other.

SS.

Dwelling, Multi-Family — A dwelling designed for occupancy of three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, motels or resort-type hotels.

TT.

Dwelling, Duplex, and Multiple — A building or structure containing two (2) attached dwelling units designed to be occupied by two (2) families living independently of each other. A building or structure containing three (3) or more attached dwelling units designed to be occupied by three (3) or more families living independently of each other, exclusive of hotels, motels, trailer courts, mobile home courts or trailer camps.

UU.

Dwelling, Rowhouse or Townhouse — A building or structure containing three (3) or more dwelling units attached at the side or sides, each dwelling having a separate outdoor entrance and designed to be occupied by one (1) family, and which may be owned individually by the resident family.

VV.

Essential Services — The erection, construction, alteration or maintenance by public utility 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, transformation and regulation stations, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, street and area lighting facilities, hydrants, and other similar equipment and accessories thereof; reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other government agencies or for the public health or safety or general welfare, but not including buildings.

WW.

Exception — A relief from the requirements of this Ordinance properly authorized by the Board of Adjustment.

XX.

Family — One (1) or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, motel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family.

YY.

Floor Area, Gross — The sum of the gross horizontal area of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings, and including but not limited to, the following spaces:

1.

Basements

2.

Elevator shafts and stairwells at each floor

3.

Floor space for mechanical equipment with structural head room of seven (7) feet

4.

Penthouses

5.

Interior Balconies, Mezzanines and enclosed covered porches and enclosed steps

6.

Accessory uses in enclosed covered space, but not including space used for off-street parking.

ZZ.

Floor Area, Net — The total floor area within a building devoted or intended to be devoted to a particular use, with structural head room of seven (7) feet or more, whether above or below the finished lot grade, excluding: (a) elevators, stairwells, hallways, walls and partitions, and (b) floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.

AAA.

Floor Area Ration — A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as: Floor Area ÷ Lot Area = Floor Area Ratio.

BBB.

Garage, Apartment — A dwelling unit for one (1) family erected above a private garage.

CCC.

Garage, Parking — 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.

DDD.

Garage, Private — An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

EEE.

Garage, Public — Any garage other than a private garage, available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire, or sale.

FFF.

Home Occupation — Any occupation, business or profession carried on solely by the inhabitants 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 buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate, not more than two (2) feet square in area attached to the main or accessory building, and no mechanical equipment is used or actively is conducted which created any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted.

GGG.

Home Association — An incorporated non-profit organization operating under recorded land agreements through which: (a) each lot and/or home owner in a planned unit or other described land area is automatically a member and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge if unpaid becomes a lien against the property.

HHH.

Hospital — An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

III.

Hotel — A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended, or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage, or building where persons are housed under restraint.

JJJ.

Kennel — Any lot or premises on which three (3) or more dogs, more than six (6) months of age are kept.

KKK.

Lot Depth — The average horizontal distance between the front and rear lot lines.

LLL.

Lot, Frontage — That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

MMM.

Lot, Interior — A lot other than a corner lot.

NNN.

Lot, Lines — The lines bounding a lot.

OOO.

Mobile Home — A single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers, both highway and rail, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundation, connection to utilities, and similar operations.

PPP.

Mobile Home Park — Any plot of ground upon which one (1) or more mobile homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

QQQ.

Mobile Home Space — A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home, and not located on a mobile home sales lot.

RRR.

Motel or Motor Hotel — An area containing one (1) or more buildings designed or intended to be used as temporary sleeping facilities of one (1) or more transient persons or families and intended primarily for automobile transients.

SSS.

Nonconformance — A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include but is not limited to failure to conform to use, height, area, coverage, or off-street parking requirements.

TTT.

Nonconformance Use — A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

UUU.

Open Space — Any parcel or area of land that is set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

VVV.

Parking Space — A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For purposes of this Ordinance, the size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than nine (9) feet by twenty (20) feet plus adequate area for ingress and egress.

WWW.

Planned Unit Development — A development planned in accordance with the provisions of Section 1-5-10 of these Regulations.

XXX.

Planning Commission — The City of Piedmont Planning Commission.

YYY.

Public Utility — Any installation or service facility operated by a public governmental unit, or licensed or franchised by the City of Piedmont.

ZZZ.

Setback — The distance between the lot line and the building line.

AAAA.

Site Development Plan — A plan drawn at a scale of not less than fifty (50) feet equals one (1) inch which shows the topographic characteristics of the site at a contour interval of not less than two (2) feet; the exact location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service areas and courts, and other features; the use of each building and area; the height of buildings, adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.

BBBB.

Stable — A structure with a capacity for more than two (2) horses or mules.

CCCC.

Story — That portion of a building, other than a basement, 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 above it, then the space between the floor and the ceiling next above it.

DDDD.

Story, Half — A space under a sloping roof which has the line of intersections of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half-story continuing independent apartment or living quarters shall be counted as a full story.

EEEE.

Street — Any public or private right-of-way which affords the principal means of access to abutting property.

FFFF.

Street, Intersecting — Any street which joins another street at an angle, whether or not it crosses the other.

GGGG.

Structure — Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

HHHH.

Structural Alterations — Any changes in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

IIII.

Trailer, Hauling — A trailer that is pulled behind an automobile or truck which is designed for hauling animals, produce, goods, or commodities, including boats.

JJJJ.

Trailer, Travel or Camping — All trailers and portable structures built on a chassis, designed as a temporary or permanent dwelling for travel, recreation, and vacation use; this is meant to include tent trailers, recreational vehicles and motor-driven travel vehicles.

KKKK.

Travel Trailer, Park — Any plot of ground upon which one or more travel trailers, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations.

LLLL.

Travel Trailer, Space — A plot of ground within a travel trailer park designed for accommodation of one (1) travel trailer.

MMMM.

Use — The purpose for which land or a building or structure is arranged, designed or intended, or for which either land, building or structures, is or may be occupied or maintained.

NNNN.

Variance — A modification of the terms of this Ordinance by the Board of Adjustment.

OOOO.

Vending Machine — A device which dispenses a product or service for sale and which is activated entirely by the receiver of the product or service, including machines dispensing food, drinks, digital video disks (DVDs), and the like. Vending machines do not include ice machines or storage, newspaper racks, motor fuel pumps and air compressors, or retail propane distribution.

PPPP.

Yard — An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this Ordinance that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

QQQQ.

Yard, Front — A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof.

RRRR.

Yard, Rear — A yard extending across the rear of a lot line measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

SSSS.

Yard, Side — A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building, or any projections other than steps.