Sections 1-5-2 through 1-5-12 below describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said subsections in the "Special Conditions" column in the tables of permitted uses. Where special conditions are widely applicable, reference should be made to subsequent subsections.

Home occupations (defined in Chapter 1-1), in those districts where permitted, are subject to all of the following conditions:

A.

In any dwelling unit, all home occupations, collectively, shall not occupy more than twenty-five percent (25%) of the gross floor area of one (1) floor of said dwelling unit, nor more than three hundred (300) square feet of gross floor area, but these limitations shall not apply to foster family care.

B.

A home occupation shall not require internal or external alterations or involve construction features or the uses of mechanical equipment not customary in dwellings.

C.

The entrance to the space devoted to a home occupation shall be from within the dwelling.

D.

There shall not be displayed or created outside the building or displayed by means of windows or openings in the structure any external evidence of the operation of the occupation except for each street front of the zoning lot on which the building is located on unanimated, non-illuminated, accessory identification sign to be placed flat against a wall or door, or displayed in a window.

E.

Power shall be limited to electric motors, with a total limitation of three (3) horsepower per dwelling unit.

F.

The home occupation shall be conducted solely by resident occupants of the dwelling unit in which the occupation is conducted and shall not have any employees who do not reside in said dwelling unit.

G.

To permit a beauty shop, one (1) operator chair, a petition shall be presented to the Planning Commission representing the approval of seventy-five percent (75%) of the property owners within three hundred (300) feet with mandatory approval of those abutting the property.

A.

Requirements. In all zoning districts in connection with every industrial, commercial, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected, enlarged, or increased in capacity, or any other use is established, off-street parking spaces for automobiles in accordance with the requirements in the "Parking Spaces Required" column in the table of permitted uses. Parking spaces used in connection with an existing and continuing use by building on the effective date of these Regulations up to the number required by these Regulations, shall be continued and may not be counted as serving a new structure or addition nor may a parking space be substituted for a loading space, or a loading space substituted for a parking space. There shall be no off-street parking requirement for commercial uses placed in buildings existing in the C-3 District. The Planning Commission may specify parking or educational institution. These must meet Americans with Disabilities Act (ADA) requirements.

B.

Required open space. Off-street parking space may be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

C.

Location. The off-street parking lot shall be located within two hundred (200) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.

D.

Joint parking facilities. Whenever two (2) or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces of each use. The total number of spaces provided shall not be less than the sum of the individual requirements.

E.

Size of off-street parking space. 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 of ingress and egress.

F.

Amount of off-street parking requirements. Off-street parking and loading facilities shall be provided in all districts in accordance with the following:

G.

Paved surface required.

1.

All parking spaces and driveways except those associated with single-family residential use and agricultural use shall be paved with a solid surface pavement consisting of a minimum of two (2) inches of asphalt on six (6) inches of stabilized base or four (4) inches of concrete.

2.

Any parking spaces and driveways existing on the date of the adoption of this Ordinance (April 26, 2004) shall comply with these paving provisions upon change of ownership or change of occupancy use.

H.

Off-street parking lots in residential districts. Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:

1.

No parking shall be permitted within a front yard setback line whenever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases a minimum five (5) feet setback shall be required.

2.

Driveways used for ingress and egress shall be confined to and shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

3.

All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement or maintained in such a manner that no dust will be produced by continued use.

4.

Whenever lighting is provided it shall be arranged so that all light is deflected from adjoining residential uses.

5.

No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the uses of the parking lots. Only non-intermittent white lighting of sign shall be permitted.

A.

Any building, except single-family residential, constructed in the C-1, C-2, and C-3 zoning districts after the effective date of this Ordinance shall have a one hundred percent (100%) coverage of a façade other than metal. A metal building wall shall be covered by brick, stone, glass, rock, stucco-type material, wood, or other materials or combinations of materials other than metal. Combinations of different materials are recommended. All façade construction must meet the requirements of the Building Code of the City of Piedmont, Oklahoma and all materials shall be rated for exterior use by the manufacturer.

B.

An applicant may request the Planning and Zoning Commission and City Council to allow the use of metal façade in combination with other materials as described above by filing an application for an exception containing an elevation sketch showing the combination of façade materials and a written explanation of the justification for the exception such as theme design, historic significance, or architectural compatibility. The Planning and Zoning Commission's and City Council's decision on the exception will be based upon the exception satisfying the purposes and intent of Paragraph A of this Ordinance.

The Board of Adjustment may authorize on appeal a modification, reduction, or waiver of the foregoing requirements only if it should find that in the particular case appealed the peculiar nature of the residential, business, trade, industrial, or other use, or the exceptional shape or size of the property, or other exceptional situation or condition not generally applicable to other list in the same district must justify such action.

A.

Repealed.

B.

Repealed.

C.

Mobile Homes. On single tracts of a quarter section or greater of agricultural land, no more than two (2) mobile homes shall be allowed as a conditional use permit under the following conditions and regulations:

1.

The tract of land upon which the mobile home(s) is located shall be actually zoned and used for agricultural purposes, i.e., farming or ranching operations.

2.

The mobile home(s) shall be only an accessory use to the agricultural use of the property, and shall be occupied only by persons engaged only in actual farming or ranching operations on the tract where the mobile home(s) is located, or engaged in actual farming or ranching operations for the owner of the land on which the mobile home is located. The mobile home(s) may be allowed in addition to the primary dwelling on the land.

3.

If a mobile home located on such a tract of land ceases to be occupied for more than four (4) consecutive months, then the mobile home shall immediately be moved from the premises.

4.

Such a mobile home shall be set back at least two hundred (200) feet from road or street right-of-way, or no closer to the street or road right-of-way than an existing dwelling on the property where the mobile home is located on or any property adjacent to the side property lines of the tract where the mobile home is located. The mobile home shall be set back a minimum of three hundred (300) feet from all property lines not abutting a street or road right-of-way except where the adjacent property is owned in common with the tract where the mobile home is located.

5.

No rental or occupancy of such a mobile home by persons not engaged only in actual farming or ranching operations on the premises, or for the owner of the premises shall be permitted.

6.

Any connection of a mobile home to the public water supply shall be only through an independent meter and water tap. Prior to occupancy the mobile home shall be connected to a residential sewage disposal system complying with all applicable regulations of the Department of Environmental Quality.

7.

All mobile homes located under the provisions of this Ordinance shall be tied down and skirted as provided by the Piedmont Code of Ordinances.

8.

Prior to location of such a mobile home under this Ordinance, a conditional use permit must be issued by the City Manager. No permit shall be issued for a mobile home except in compliance with all provisions of this Ordinance and after compliance with Section 1-7-5 of the zoning ordinance. Provided, no notice to property owners or hearing shall be required under Section 1-7-5 if the application for the conditional use permit is accompanied by the written consent of the property owners within three hundred (300) feet of the exterior boundaries of the subject property.

9.

An applicable fee in accordance with the fee schedule approved by the City Council shall be collected with each application for the conditional use permit, and an annual inspection fee in accordance with the fee schedule approved by the City Council shall be collected at the time of each annual review of the conditional use permit. The City Manager shall provide forms for application for the conditional use permit.

Upon compliance with the provisions as set forth herein, a mobile home trailer park will be allowed within the RMH Mobile Home Park District.

A.

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

B.

The proposed site shall a minimum of two (2) acres in size and shall contain no more than fifteen (15) mobile home stands per acre. The proposed site shall have a minimum frontage of two hundred (200) feet on a street designated as either an arterial street or collector street in the Comprehensive Plan. All access or egress by automobile will be on such streets. The proposed site shall be a minimum of two hundred (200) feet in depth.

C.

It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than ten percent (10%) of the mobile home stands devoted to purely transient purposes. These purely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.

D.

The proposed site shall have a front yard of not less than forty (40) feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten (10) feet from any solid fencing, screen planting, or wall of six (6) feet in height.

E.

The proposed site shall be screened or buffered on all sides with a solid wall fence six (6) feet in height or a screen planting which will attain at least six (6) feet in height.

F.

The proposed site shall provide one (1) off-street parking space for each mobile home stand, plus one (1) additional off-street parking space for each four (4) mobile home stands.

G.

The proposed site shall provide a connection for each mobile home stand to all public utilities considered necessary for the health, safety, and general welfare of the public.

H.

Utilities Required. Municipal or Department of Environmental Quality approved water system capable of supplying fire hydrants installed in accordance with specifications of Oklahoma Inspection Bureau and the American Insurance Association. Municipal and/or residential sewage disposal system which has been approved for the requested number of units by the Department of Environmental Quality. All mobile homes must be connected to sanitary sewer system within seventy-two (72) hours of arrival in park. An individual electric service outlet shall be provided for each unit.

I.

Wheels and Foundation. The wheels or other transporting devices of any mobile home located in Mobile Home Park may be removed. Any mobile home located in a mobile home park for more than seventy-two (72) hours shall be securely anchored to the ground so as to attain the same resistance to wind as a fixed residence of comparable size, and park operators shall require tenants to skirt units so as to enclose the underneath area.

J.

Concrete Slab. Each space shall be provided with a concrete slab of sufficient size to support wheels and front parking jack of mobile home unit parked on the space.

K.

Local Streets. The following shall be minimum dimensions for:

L.

Mobile home parks shall be enclosed with an approved fence or planted hedge not less than six (6) feet in height with no openings to adjoining property other than the required entrances and exits to streets or public places, unless a finding is made by the Planning Commission that this is unnecessary due to the nature of the site.

No structure or use in any district shall be erected or commenced which does not have a connection to the municipal sewage disposal system, unless and until the Department of Environmental Quality certifies that a residential sewage disposal system or any substitute disposal system can be installed and operated effectively. As a basis for making this decision the Department of Environmental Quality may require such precautionary tests as is necessary, and no such residential sewage disposal system shall be placed in an area which is subject to flooding. Such tests are to be made at the expense of the land owner.

The placement of advertising signs and billboards shall be in accordance with all Ordinances of the City of Piedmont.

A.

Any use constructed, established, altered, or enlarged in the I-1 Restricted Light Industrial District shall be so operated as to comply with the following standards:

1.

Any building used for residential purposes shall comply with restrictions set down in RS-3.

2.

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary line of the I-1 District.

3.

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.

4.

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.

5.

Exterior lighting fixtures shall be shaded whenever necessary to avoid casting direct light upon property located in any residential district.

6.

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

7.

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 line.

B.

Any use constructed, established, altered, or enlarged in the I-2 and I-3 Industrial Districts shall be so operated as to comply with the following standards:

1.

Any building used for residential purposes shall comply with the restrictions set forth in RS-3.

2.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district.

3.

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of goods, liquids or fluids and merchandise, shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, odorous, vapor, glare, or heat, fire or explosive hazards.

4.

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

5.

Uses Permitted. Property and buildings in an I-2 General Industrial District, shall be used only for the following purposes.

i.

Any use, except dwellings, permitted in the I-1 Restricted Light Industrial District. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-2 General Industrial District.

ii.

Any of the following uses:

a)

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/asphalt batch plant or transit mix plant.

b)

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

c)

Farm produce, grain and feed storage including grain elevators.

d)

Freighting or trucking yard or terminal.

e)

Oil field equipment storage yard.

f)

Public utility service yard or electrical receiving or transforming.

g)

Municipal or county equipment service yard.

h)

No article or material permitted in this district shall be kept, stored, or displayed outside the confines of a building 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.

iii.

The following uses when conducted within a completely enclosed building:

a)

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.

b)

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

c)

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

d)

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment.

e)

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

f)

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

g)

Blacksmith shop and machine shop.

h)

Foundry casing lightweight nonferrous metal not causing noxious fumes or odors.

i)

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

j)

Wholesale storage or manufacture of alcoholic or processed beverages.

6.

Uses Permitted. Property and buildings in an I-3, Heavy Industrial District, may be used for any use except the following:

i.

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

ii.

All uses not complying with these Regulations, or any other county, state, or federal regulation or law.

iii.

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 Council may require approval of the County Health Department and/or the Department of Environmental Quality, the State Fire Marshal, and other city, county and state regulatory agencies, and may attach to the approval specific restrictions designed to protect the public welfare.

a)

Acid manufacture.

b)

Cement, lime, gypsum, or plaster of Paris manufacture.

c)

Commercial feed pens for livestock.

d)

Disposal plants of all types including trash and garbage, sewage treatment, including lagoons and compost plants.

e)

Explosives, manufacture or wholesale storage.

f)

Gas manufacture.

g)

Petroleum or its products, refining of.

h)

Sale barn or commercial feed lot.

i)

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

j)

Any use not otherwise authorized by this Ordinance.

k)

Disposal of hazardous chemicals or medical waste.

iv.

Property and buildings in an I-3, Heavy Industrial District when used for the following purposes, shall have the uses thereon conducted in such manner that all operation, display, or storage of material or equipment is so screened by ornamental fences, walls, and/or permanent evergreen planting that it cannot be seen from a public street.

a)

Automobile salvage or junk yard.

b)

Building materials salvage yard.

c)

Junk or salvage yard of any kind.

d)

Scrap metal storage yard.

A.

Planned Unit Development Purpose. The Planned Unit Development, herein referred to as PUD, is a special zoning district category that provides an alternative approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one (1) unit according to a Master Design Statement and a Master Development Plan. The PUD is subject to special review procedures and, once approved by the City Council, it becomes a special zoning classification for the property it represents. The intent and purpose of the Planned Unit Development provisions are to:

1.

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the Comprehensive Plan.

2.

Permit flexibility within the development to maximize the unique physical features of the particular site.

3.

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses.

4.

Achieve a continuity of function and design within the development, and encourage diversified living environments and land uses.

5.

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

B.

Authorized Planned Unit Developments. A PUD may be authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements.

1.

Location and Uses: A PUD shall be considered a special zoning district, and may be authorized for any use, or combination of uses, permitted in this chapter.

2.

PUD Master Plan Required: The basis for review and approval of a PUD application shall be the PUD Master Plan, which shall be adopted as a part of the rezoning ordinance, in conformance with the requirements described in these regulations.

i.

For a Simplified PUD (SPUD) that is no more than five (5) acres in size the PUD master plan shall be the Simplified PUD application to be provided by the Planning staff.

ii.

For a Simplified PUD that is a single tract or parcel of land no more than five (5) acres in size, and proposes to add uses that are not allowed in the proposed zoning district or modify development regulations to make them less restrictive, the Master Development Plan shall consist of two (2) elements: the Simplified PUD application provided by the Planning staff and a Master Plan submitted in accordance with the requirements of Section (iii)(a) Master Development Plan Map.

iii.

If the PUD is more than five (5) acres in size, the Master Plan shall consist of a Design Statement and a Master Development Plan Map.

a)

Master Development Plan Map:

The Master Development Plan Map shall be a graphic representation of the development plan for the area, drawn at an appropriate scale, at a maximum of one inch equals one hundred feet (1"=100') on one (1) or more twenty-four inch by thirty-six inch (24"×36") sheet(s). The purpose of the map is to conceptually portray the development commitments described in the PUD Design Statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD.

A single-use PUD, for example, should require less graphic information than a mixed-use proposal, and it may be sufficient to outline and identify those general areas where conventional zoning district regulations will be utilized.

The Master Development Plan Map shall be submitted in accordance with the following:

1)

Existing Conditions:

i)

General location and acreage in the PUD.

ii)

Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed.

iii)

Topography on five-foot contours.

iv)

Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees.

v)

Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites.

vi)

Areas where access to streets will be limited, and the number where appropriate.

2)

Proposed PUD Elements:

i)

Land use designations for each distinct use in the PUD, including the identification of any public buildings, schools, and other public uses.

ii)

Public circulation system, including the general location of collector and local streets, pedestrian paths and bikeways.

iii)

General location of proposed pedestrian and bicycle linkages between adjacent properties, showing points of connectivity with the circulation system and to public transportation stops.

iv)

General location of parking areas.

v)

General location of proposed open space, common areas, drainage and recreation areas.

vi)

General location of landscaping in common areas, parking areas, and landscape buffering.

3)

Any other pertinent information necessary for review, approval and administration of the PUD.

b)

Design Statement: The PUD Design Statement shall be a written report submitted as a part of the PUD Master Plan containing a minimum of the following elements:

1)

Title of the PUD.

2)

List of the owners and/or developers (including contact information, including e-mail address(es)).

3)

Statements on the PUD's general location and its relationship to adjoining land uses (both existing and proposed), and how the PUD complies with the policies of the Piedmont Comprehensive Plan.

4)

The existing PUD districts in the development area and the surrounding area.

5)

A description of the proposed development, including a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any.

6)

Definitions of the land-use designations, including density ranges and product types for residential development shown on the Master Development Plan Map required by this section, including proposed restrictions, and typical site layouts.

7)

A table setting the minimum and maximum total dwelling units and non-residential square footage, and the minimum acreage for common open space, natural resource areas, public uses, and any other planned uses.

8)

A description of residential and mixed-use neighborhoods; commercial, office, and research development uses; common open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses.

9)

A list of all special development regulations, or the conventional zoning district regulations, which will be applicable. Plus a list of requested variations to the subdivision regulations or other applicable development regulations.

10)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts as well as providing for the treatment and improvements to abutting arterials.

11)

A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover.

12)

Drainage information delineating F.E.M.A. 100-year floodplain levels.

13)

A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private as well as such improvements to offsite water and sewer lines and the provision to such extensions thereto as directed by the City Engineer.

14)

A description of lighting for the development.

15)

A description of trash collection facilities for the development.

16)

A description of sidewalks, pedestrian paths and bikeways within the development.

17)

A description of screening and landscaping for the development, including any required buffering (screening and landscaping shall be subject to the current landscape ordinance in effect at time of development).

18)

A statement satisfactory to the City on the guarantees and assurances to be provided for the maintenance of common open space, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.

iv.

All PUD applications, including SPUD applications, shall be reviewed through the PUD review process. Upon receipt of a completed application and application fee for the PUD, the Planning Department Staff shall transmit the application and all supporting material to all City departments involved with the application and all supporting material to all City departments involved with the review process, including the Police and Fire Chiefs, Mayor, Chairman of the Planning Commission and Chairman of the Parks and Recreation Board and to appropriate officials or agencies of the City, County, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or mandated by law, including any review required by regional or State bodies under applicable State or Federal law. Each department, official, agency, or other official body shall consider all pertinent information and shall provide the Planning Department Staff with a report of their findings, comments and recommendations in sufficient time for said findings, comments and recommendations to be incorporated into the Planning Commission Staff Report.

v.

Upon final approval by the City Council of the PUD Master Plan and the subsequent ordinance of rezoning, the PUD shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City.

vi.

The PUD Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said Master Plan until it is otherwise amended as provided in this Ordinance or by the City Council.

vii.

Such other information as the Planning Commission shall require, including any additional information necessary to determine compliance with the standards for approval of a PUD contained in this Ordinance, such as, but not limited to, traffic impact studies and environmental assessments.

viii.

Approval of the PUD zoning district and related Master Development Plan shall establish the basic uses, locations, densities, and intensities for the PUD. However, site plans and building and occupancy permits for specific uses and buildings shall not be authorized until a Specific Plan has been approved for all or part of the land area covered by the Master Development Plan.

3.

Application for Specific Plan/Preliminary Plat: A Specific Plan and Preliminary Plat shall be submitted for review and approval by the Planning Commission at a regularly scheduled public hearing for the entire area or a phased portion of the property included in the Master Development Plan prior to approval of site plans and building permits for any structure or building. The Specific Plan shall be drawn at an appropriate scale, at a maximum of one inch equals one hundred feet (1"=100'), on one (1) or more twenty-four inch by thirty-six inch (24"×36") sheet(s). Specific Plans shall include the following information:

i.

A summary showing how the Specific Plan conforms to the Master Development Plan, the total dwelling units in the Specific Plan by type, the square footage of non-residential uses, and a parking calculation of the required and provided spaces by use.

ii.

All elements of the Master Development Plan Map shall be incorporated into the Specific Plan, with additional detail as follows:

a)

A preliminary site plan for each building site in the Specific Plan.

1)

Lot layouts for residential uses and for single-family dwellings, a typical site plan can be included.

2)

Preliminary site plans shall show areas to be developed, landscaped and paved, and existing and proposed buildings indicating:

i)

The maximum and minimum distances between buildings, between building and property or building site boundaries.

ii)

Percentage of building coverage.

b)

Preliminary elevations for all proposed structures. They shall indicate building heights, materials, colors, and the general appearance of proposed structures.

c)

Parking and loading plan.

d)

Preliminary landscape plan.

e)

Fencing, trash disposal, and related storage areas.

f)

Sign program and sign design and dimensions.

iii.

A preliminary subdivision plat shall be filed and evaluated concurrently with the land included in the Specific Plan.

iv.

Upon approval of the Specific Plan and Preliminary Plat by the Planning Commission the applicant may apply for a Final Subdivision Plat and a site plan for the development of all or a portion of the PUD.

C.

PUD and SPUD Review Criteria.

1.

Purpose: Because the PUD and SPUD provide the opportunity for higher densities, greater design flexibility, mixed land uses and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in conventional development. Review and approval is, therefore, a process of negotiation between the City and the applicant to achieve the intent and purpose of these regulations and the Comprehensive Plan.

The factors within this section should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

2.

Design Standards:

i.

The proposed PUD or SPUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the Comprehensive Plan, and the land uses and zoning districts adjacent to it.

ii.

Design of the PUD or SPUD may provide for modification of conventional chapter requirements for elements such as yard area, density, setback and height on individual lots, in accordance with the PUD or SPUD Master Plan.

iii.

Density, land use and intensity of use requirements shall be based on the PUD or SPUD Master Plan and shall be reviewed carefully for conformance to the Comprehensive Plan.

iv.

Building, Plumbing, Mechanical or Electrical Code requirements shall not be amended in the design of a PUD or SPUD.

v.

The maximum number of dwelling units within a PUD or SPUD shall be based on calculation of gross density, which shall be established in the PUD or SPUD Master Plan. Gross density shall be calculated by dividing the total land area to be developed for residential uses, exclusive of arterial streets, by the number of dwelling units.

vi.

Location and type of housing shall be established in a general pattern and shown on the Master Development Plan Map (where applicable).

3.

Minimum Design and Construction Standards for Streets and Alleys: Streets and alleys for PUDs and SPUDs shall be designed and constructed in accordance with City standards and specifications for right-of-way width and paving cross-sections. If modifications are proposed they shall be consistent with the following criteria and must be companion with the appropriate subdivision plat.

i.

Public Streets and Alleys: Proposed public street and alley modifications shall satisfy the following criteria:

a)

Street right-of-way and paving widths shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street and the land uses served.

b)

Paving cross-sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD or SPUD, to receive loading commensurate with anticipated traffic, based on the design of the overall street system, and to have a maintenance level commensurate with that of facilities constructed to regular standards.

ii.

Private Streets and Alleys: Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above, and the owner/applicant shall provide restrictive covenant documents providing for any ongoing and long-term maintenance of private street and alley facilities that will not be provided by the City.

4.

General Design and Development Guidelines:

i.

Density: Proposed residential densities should conform to density guidelines in the Comprehensive Plan and should be allocated in a manner, and at a scale, that will be compatible with adjacent developed neighborhoods.

ii.

Amenities: Amenities should be considered an important justification for development and City-approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished, along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where necessary to provide for both an amenity and public safety.

iii.

Relationship to Abutting Uses:

a)

The Master Development Plan Map shall show, graphically, the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earthen berms or similar techniques.

b)

Design landscape improvements and related features to:

1)

Create a visual transition of landscaping to adjoining lots and developments.

2)

Screen incompatible uses.

3)

Minimize any negative impact of the development on adjacent sites and roadways.

c)

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses, or where a higher intensity development abuts a lower intensity area, is proposed.

d)

Where a PUD or SPUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD Master Plan should specifically establish appropriate guidelines to assure harmonious development.

iv.

Site Design:

a)

Arrange structures and buildings on the site to:

1)

Complement existing development on adjacent properties by similar placement and proportion of building form(s).

2)

Screen undesirable views, such as service areas and trash receptacles, from pedestrian views and public streets.

b)

Demonstrate that the arrangement of open space or natural features on the site will create desirable and functional environments for patrons, pedestrians and occupants by:

1)

Preserving unique natural resources such as significant vegetation, watercourses, or native rock outcroppings, where possible.

2)

Providing protection to preserve existing healthy, mature trees where they exist.

3)

Respecting desirable natural resources on adjacent sites.

4)

Promoting the use and preservation of existing natural watercourses and patters of stormwater disposal in the design of drainage facilities, where allowable.

v.

Safety:

a)

Conform to Crime Prevention through Environmental Design principles by:

1)

Providing convenient, safe, well-marked and direct routes for pedestrian connections from the public street to building entrances;

2)

Providing pedestrian scaled lighting for pedestrian circulation and visibility;

3)

Providing effective lighting for vehicular traffic that does not overwhelm the quality of pedestrian lighting;

4)

Framing open space with buildings that visually contain and provide for natural surveillance;

5)

Providing for visibility around structures, screens, fences or enclosures to avoid the creation of areas of concealment.

b)

Provide site illumination that is designed, located, and installed to achieve specific average footcandles in order to provide safe pedestrian and vehicle circulation as well as minimize adverse impacts on adjacent properties. This standard shall apply to light poles and/or wall mounted luminaries for all areas within the site to achieve the following standards:

1)

Provide site illumination to achieve a maintained average of three (3) footcandles (not less than .75 footcandles) throughout all parking areas;

2)

Provide site illumination to achieve a maintained average of six (6) footcandles (not less than 1.5 footcandles):

i)

Along pedestrian walkways and common areas;

ii)

Within areas of concealment in need of visual access;

iii)

At all building entries and exits;

iv)

Provide site illumination that is designed, located, and installed in a manner to minimize light trespass on adjacent properties by utilizing cutoff luminaries, house-side shields, and/or light-limiting accessories where needed.

vi.

Circulation Systems:

Organize circulation systems within the site to:

a)

Provide adequate and safe pedestrian and vehicular circulation by defining walkways and distinguishing areas of foot traffic from vehicular movement using methods such as crosswalks and pathway striping, landscaping, and sidewalks.

b)

Provide continuous pedestrian and vehicular connections to adjacent sites using sidewalks, streets, and open-space linkages where physically possible.

c)

Provide pedestrian pathways that connect parking areas and points of destination.

d)

Provide pedestrian access to public transportation stops.

vii.

Common Access: In commercial or industrial developments, the PUD or SPUD Master Plan should establish specific standards and locations for common access driveways, both within the development and abutting arterial streets. Approval of the bonus provisions in this chapter for shared parking facilities should only be authorized in a PUD where this access commitment is provided for in the PUD or SPUD Master Plan.

D.

Modifications to PUD or SPUD:

1.

Administrative Approval of Minor Amendments: The Planning Director shall be permitted to approve minor amendments and adjustments to the PUD or SPUD Master Plan provided the following conditions are satisfied:

i.

The project boundaries are not altered.

ii.

Uses other than those specifically approved in the PUD or SPUD master plan are not added. Percentage of area devoted to specific uses may not be increased or decreased by more than twenty percent (20%) of the area devoted to the specific use. Uses may be deleted, but not to the extent that the character of the project is substantially altered.

iii.

The allocation of land to particular uses, or the relationship of uses within the project, is not substantially altered.

iv.

The density of housing is not increased by more than twenty percent (20%) or decreased by more than thirty percent (30%).

v.

The land area allocated to non-residential uses is not increased or decreased by more than twenty percent (20%).

vi.

Floor area, if prescribed, is not increased or decreased by more than twenty percent (20%).

vii.

Floor area ratios, if prescribed, are not increased.

viii.

Open space areas or ratios, if prescribed, are not decreased.

ix.

Screening and fencing requirements, provided amendments shall not substantially alter the PUD.

x.

Height restrictions, yard requirements, lot coverage restrictions, and other area, height and bulk requirements prescribed in the PUD Master Plan are not altered by more than twenty percent (20%).

xi.

The circulation system is not substantially altered in design, configuration or location, and has the approval of the City Engineer.

xii.

The design and location of access points to the project are not substantially altered, either in design or capacity and have the approval of the City Engineer.

The Planning Director shall determine if proposed amendments to an approved PUD Master Plan satisfy the above criteria. If the Planning Director finds that these criteria are not satisfied, an amended PUD Master Plan shall be submitted for full review and approval according to the procedures set forth in this Article.

2.

Change or Amendment to PUD. Except as provided above for Administrative Approval of Minor Amendments, specific conditions imposed with respect to the approval of the PUD, as specified in the PUD Design Statement, shall not be changed or amended in any way except by action of the City Council after review and recommendation by the Planning Commission and upon such notice as provided by 11 O.S. §§ 43-105 and 43-106 and the Piedmont Zoning Ordinance. This section is enacted pursuant to the authority specified in Subsection C of 11 O.S. § 43-111.

E.

PUD Application Instructions.

Cross reference— See Appendix 3 of this Zoning Code for PUD Application Instructions.

The Floodplains are shown on the official Floodplain Maps. The line indicates the limits of the regulatory flood. The exact configuration of this area is based on the best available information. It is recognized that the area may change as new information becomes available.

The land areas designated in the floodplain have additional restrictions and land use requirements. All properties within the Floodplain shall have a primary zoning classification applied to them as well as the "overlay district" requirements.

The authorization of land uses in areas of special flood hazard must be reviewed by the Planning Commission on the basis of individual applications. Applications for use permits within the Floodplain must include documentation that:

A.

The proposed use will not be subject to flood damage caused by the regulatory flood; and

B.

The proposed use will not measurably increase flood height or flood flows upstream or downstream of the proposed development.

The above documentation shall be submitted to the Piedmont Planning Commission, and certified by an engineer registered for practice in the State of Oklahoma with concurrence of the engineer serving the City.

Oil, gas, and disposal well drilling, production, and operations shall be in accordance with Ordinance No. 195 and Chapter 16 of the City Code of the City of Piedmont.

The Subsections (A) through (Q) set forth special provisions that apply to certain miscellaneous uses in certain zoning districts.

A.

Animal hospital, pound, or shelter; commercial kennel for cats or dogs; livestock sales or feeding facilities; riding academy; public stable; veterinarian's office with animals on the premises; shall be located no nearer than two hundred (200) feet to any RE, RS, RD, or RM District, and no nearer to a zoning lot line than one hundred (100) feet. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise, or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted.

B.

Animal hospital, small animal treatment. The Planning Commission may approve the location of restricted small animal hospitals in the C-1, C-2, or C-3 Districts.

C.

Cemetery, columbarium, crematory, or mausoleum shall have its principal entrance or entrances on an arterial, with ingress and egress so designed as to minimize traffic congestion.

D.

Earth moving and excavation; depositing of construction materials on the ground shall be subject to regulations set forth in Subparagraph G.

E.

Flammable liquids and gases, storage of. The storage of flammable liquids and gases shall comply with the following code and standards of the National Fire Protection Association as such code and standard may from time to time be revised:

1.

Code No. 30, with respect to flammable liquids,

2.

Standard No. 58, with respect to liquified petroleum gas.

F.

Junk yard, including salvage and auto wrecking shall be permitted, provided that all exterior storage and processing areas are screened by solid walls or fences of such height and location as to prevent visibility of stored materials or of materials in process from any point eight (8) feet above the ground or any thoroughfare or in any Residential, Commercial, or I-1 District, provided such point is not more than three hundred (300) feet distance from the nearest part of the fence.

G.

Mining, including extraction of clay, gravel, shale, or sand; quarrying of rock or stone; earth moving and excavation; depositing or construction material, clay, earth, gravel, minerals, rock, sand, shale, or stone on the ground are not permitted uses in any district. The following defined extractions and deposits are exceptions:

1.

Excavation for the foundation or basement of any building or for a swimming pool for which a building permit has been issued. Deposits of excess material may be spread for which a building permit has been issued.

2.

Grading of any parcel of land, used for agricultural purposes, shall meet the requirements as set forth by the local U.S. Department of Agricultural Stabilization and Conservation district.

3.

Grading in a subdivision which has been approved by the City in accordance with the Piedmont Subdivision Regulations and any amendments thereto.

4.

Any extractive operation existing and operating as such on the effective date of this section; such operation shall conform with the provisions of these Regulations within one (1) year of the adoption of these Regulations.

5.

Blasting, or the use of any explosives associated with any of the above mining operations or excavation processes, are prohibited without review and approval of the Planning Commission. If approved, a blasting permit issued by the City of Piedmont shall be required. The applicant shall also comply with all county, state, and federal regulations/requirements prior to blasting or the use of any explosives in such operations.

H.

A child care facility may be located in accordance with Chapter 1-4 of this Ordinance if established in accordance with the definition of this Ordinance.

I.

Parking space requirements for family day care homes and day care centers in Piedmont, Oklahoma:

1.

ADA accessibility guidelines must be met for all new construction or remodeling if caring for children with physical disabilities.

2.

Family Day Care Home - DHS license for seven (7) or less children is required to have two (2) parking spaces; and in addition the following:

i.

1 space per 10 children.

ii.

1 space per staff member. If day care center is in A-1 and one or more of the staff resides at the center, then residential parking is considered staff parking.

iii.

1 space per vehicle operated by the center. For purposes of this section a vehicle is defined as an automobile, stationwagon, van, truck, or bus (less than ten (10) passengers) that is not used for personal transportation by staff.

iv.

2 spaces for each bus (capacity of ten (10) or more children). If a bus has a capacity of ten (10) or more children, the bus must meet state and federal requirements for school buses.

J.

1.

A family day care home may be located in accordance with Chapter 1-4 of this Ordinance, if established in accordance with the definition of this Ordinance.

2.

A day care center as defined in this Ordinance may be located in accordance with Chapter 1-4 of this Ordinance.

K.

Place of public assembly, major, including arena, auditorium, coliseum, stadium, or theater with seating capacity of one thousand (1,000) or over and drive-in theater, shall meet the following requirements:

1.

Have ingress and egress from an arterial or from a collector street not more than three hundred (300) feet distant (by shortest street route) from an arterial.

2.

Have ingress and egress so designed as to minimize traffic congestion and hazards.

A drive-in theater shall be located not less than two hundred (200) feet from any residential district, and no projection screen thereof shall be so located as to be visible from any arterial within one thousand (1,000) feet thereof.

L.

Swimming Pools. Private swimming pools may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence not less than four (4) feet in height, and shall meet the requirements of the Department of Environmental Quality. A swimming pool and appurtenant structures shall not be constructed in front of the front building line, but may be located within the required side and/or rear yard set-back behind the front building set-back line; provided, no structure located in the side yard shall exceed six (6) feet in height.

M.

Public utility and service uses including electrical substations, gas regulator stations, gas telegraph, telephone, and water transmission metering and distribution equipment and structures, water reservoirs, pumping stations, and other similar facilities shall be set back, landscaped, and/or screened from the side, rear, or front property line in such a manner as to beattractive and not offensive to abutting properties. This regulation shall not apply to electric, telegraph, or telephone transmission and distribution lines and poles, and other facilities of operators franchised by the City of Piedmont which shall not be limited with respect to height or location and for which no permit shall be required under this Ordinance.

N.

Fire Zone. The boundaries of the fire zone shall be coterminous with the C-1, C-2, and C-3 zoning districts. The fire zone provisions of the adopted building code shall apply to all construction in districts classified as C-1, C-2, and C-3.

O.

Church and other places of worship shall be permitted in the zoning districts as shown in Chapter 1-4 subject to the following site requirements:

P.

Screening of Open Storage. Any area of greater than four hundred (400) square feet which is used for outside storage in conjunction with any commercial or industrial use shall be screened on all sides which abut a property in a Residential District or are visible from a public road easement or right-of-way. Such screening shall be by a solid fence or wall of at least six (6) feet in height, or such other design or method as may be approved by the Planning Commission.

Q.

Public Utility Facilities. Minimum sizes for parcels of public utility facilities shall be set by the Planning Commission on a case by case basis and placed in the overlay district.

R.

Site Plan Review. The following requirements for site plan review may be applied by the Planning Commission to the development, redevelopment, building, or rebuilding of structures for any of the uses permitted upon review in Chapter 1-4. The side plan shall provide the following information and meet the following requirements:

1.

Plans for any portion of any site which involve the construction of public engineering improvements on public easements, or rights-of-way, or which are to be dedicated to the public, shall be certified by a Professional Engineer registered in the State of Oklahoma.

2.

Plans shall be drawn to scale at a scale of not less than one (1) inch equals one hundred (100) feet.

3.

Plan shall show clearly the location of the tract, lot, or parcel in relation to surrounding properties and public roadway.

4.

Plans shall show this topography or spot elevation with the direction of drainage, plus any proposed changes to land elevations.

5.

Plans shall show all proposed entrances and exits for vehicles, including location, type and size of drives.

6.

Plans shall show all off-street parking and loading spaces.

7.

Plans shall show the location, general use, number of floors, height, net and gross floor area of each building.

8.

Plans shall show any outside display, sales, or storage area.

9.

Plans shall show all signs and illumination proposed for the location.

10.

Plans shall show provisions to be made for screening and landscaping of buildings, parking and outside activity areas as deemed necessary by the Planning Commission.

The approval of the Planning Commission of required Site Plans for development or construction shall be a condition upon the issuance of any building permit, and failure to conform to approved Site Plans shall void any building permits issued pursuant thereto.

S.

The raising of animals or poultry in any residential "R" District shall be in accordance with all Ordinances of the City of Piedmont.

T.

Open Display Uses Permitted. The following uses shall be permitted in the C-2 and C-3 commercial districts, provided that such uses comply with the additional provisions of this subsection.

1.

Boat sales and service.

2.

Farm implement and machinery, new and used, sales.

3.

Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

4.

Mobile home and travel trailer sales.

5.

Monument sales.

6.

New and used automobile sales.

7.

Prefabricated house sales.

8.

Trailers for hauling, rental and sales.

9.

The uses in subparagraphs 1 through 6 above shall comply with the following provisions:

i.

All yards, unoccupied with buildings or merchandise, or used as traffic ways shall be landscaped with grass and shrubs, and maintained in good condition the year round.

ii.

Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

iii.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.

U.

Required Screening. Commercial, industrial, and multi-family uses abutting property zoned or used for single-family or two-family use shall be screened with a fence of at least ninety-five percent (95%) opacity and a minimum height of six (6) feet on all abutting property lines. The owner of the commercial, industrial, or multi-family property shall maintain the screening in good repair for the duration of the commercial, industrial, or multi-family use.

V.

Lighting Restrictions. Any outdoor lighting, including sign lighting, on commercial, industrial, multi-family, church, or school uses shall be arranged and directed so that there will be no glare directed or reflected toward property used or zoned for residential use.

W.

Set Back Requirements. The front yard set back for properties within the commercial, industrial and multi-family zoning districts and for schools and churches in any zoning district is seventy-five (75) feet from the centerline of any arterial street, or twenty-five (25) feet from the public right-of-way boundary of any state or county highway, whichever is greater.

X.

Personal Storage Unit, Definition and Restrictions. Buildings containing enclosed individual storage facilities not exceeding eight hundred (800) square feet per unit. These facilities are not used for sales purposes or storage of highly combustible materials. Typical uses included mini-warehouses and storage for recreational vehicles, boats, or trailers. A single living quarters for caretakers and/or security personnel is permitted.

Where personal storage uses abut a residential district the lighting facilities and/or systems shall not be located closer than twenty (20) feet to any property line that adjoins a residential district as a side yard, in addition to observing the front and backyard setbacks for a C-2 General Commercial District, and all lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property. The area shall be fenced with ninety-five percent (95%) opaque fencing, six (6) feet in height or more, with adequate security fencing.

Y.

Definition and Provisions for Donation Bins and Vending Machines. No entity shall place, use, or employ a donation bin, for solicitation purposes, unless all of the following requirements are met:

1.

The entity has obtained a valid permit from the City of Piedmont.

2.

Any entity, which may share or profit from any clothing or other donations collected via the bin, maintain a bona fide office where a representative of the entity can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the entity. For the purposes of this section, an answering machine or service unrelated to the entity does not constitute a bona fide office.

3.

The following information is clearly and conspicuously displayed on the exterior of the donation bin:

i.

The name and address of the registered entity that owns the bin, and the name of the Internal Revenue Service (IRS) certified charitable non-profit organization benefitting from the donated items; and

ii.

The telephone number of the owner's bona fide office and the telephone number of the charitable non-profit organization.

4.

A permit issued for a donation bin shall be valid for one (1) year and renewable for one-year periods thereafter. The first year permit fee shall be as provided in the fee schedule approved by the City Council, subsequent years shall be as provided in the fee schedule approved by the City Council, or a fee as later established by resolution adopted by the City Council. Permits shall be valid from the purchase date to January 1st of the following year.

5.

The permit application shall include:

i.

A plot plan depicting setbacks to the property line, distances from the structures on the lot, and other information as City staff deems necessary to complete the review, and

ii.

The name and telephone number of the bona fide office of any entity which may share or profit from any clothing or other donations collected via the bin at which such entity can be reached during normal business hours. For the purposes of this Ordinance, an answering machine or service unrelated to the person or entity does not constitute a bona fide office, and

iii.

Written consent from the property owner to place the bin on their property.

6.

All donation bins shall conform to the following requirements:

i.

Donation bins shall provide benefit to a certified non-profit entity and documented by a letter from the non-profit entity which it benefits,

ii.

Placement of all donation bins shall be located so that one side of the bin is at the existing setback line of the primary structure and outside of all required minimum yard setbacks and sight triangles,

iii.

Donation bins shall be placed on an impervious surface and shall not utilize a required parking stall,

iv.

Donation bins shall not obstruct walkways reducing the walk by less than forty-four (44) inches for clear pedestrian passage,

v.

Donation bins are not permitted on unimproved lots,

vi.

Where a bin is located on a parcel of land abutting a residential use, a forty-five (45) foot setback is required from the closest residential property line,

vii.

In no case shall City staff grant a permit to a location for a donation bin if it determines the placement of the bin could constitute a safety hazard,

viii.

A maximum of two (2) donation bins are permitted per lot,

ix.

The maximum size of a donation bin shall be six feet by six feet by six feet (6'×6'×6') with a chute entry that closes upon the donation being received,

x.

Donation bins shall be of earth tone colors or match the exterior of the primary building on-site, and

xi.

At no time shall donations remain outside the surroundings of a donation bin.

xii.

No collection bin shall be used for advertising or promotional purposes other than the information required pursuant to this section.

xiii.

Permittees must maintain the aesthetic presentation of the bin, including fresh paint, legible signage and general upkeep.

xiv.

Permittees must provide a Certificate of Liability Insurance of at least one million dollars ($1,000,000.00) for each bin permitted.

7.

Should the City determine any entity is engaging in any act or practice which violates this Ordinance, the City may issue one (1) or all of the following corrective actions:

i.

A written warning to the entity that placed and/or owns the donation bin,

ii.

Seize and remove the donation bin at the expense of the entity which placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of, and

iii.

Fine the entity which placed the bin in accordance with the fine schedule approved by the City Council for each violation.

Z.

Providing for Repealer and Severability. No entity shall locate a vending machine located on the exterior of a commercial structure or outside unless all of the following requirements are met:

1.

The entity has obtained a valid permit from the City of Piedmont.

2.

A permit issued for a vending machine shall be valid for one (1) year and renewable for one-year periods thereafter. The first year permit fee shall be in the amount provided for in the fee schedule adopted by the City Council, subsequent years shall be in the amount provided for in the fee schedule adopted by the City Council, or a fee as later established by resolution adopted by the City Council. Permits shall be valid from the purchase date to January 1st of the following year.

3.

The permit application shall include: The site where the vending machine would be situated.

4.

All vending machines shall conform to the following requirements:

i.

Placement of all outdoor vending machines shall be located so that one side of the machine is at the existing setback line of the primary structure and outside of all required minimum yard setbacks and sight triangles,

ii.

Vending machines shall be placed on an impervious surface and shall not utilize a required parking stall,

iii.

Vending machines shall not obstruct walkways reducing the walk by less than forty-four (44) inches for clear pedestrian passage,

iv.

Where a vending machine is located on a parcel of land abutting a residential use, a forty-five (45) foot setback is required from the closest residential property line,

v.

In no case shall City staff grant a permit to a location for a vending machine if it determines the placement of the machine could constitute a safety hazard, and

vi.

Vending Machines may occupy no more than eighteen percent (18%) of the building frontage or twenty-five (25) feet, whichever is less.

5.

Should the City determine any entity is engaging in any act or practice which violates this Ordinance, the City may issue one (1) or all of the following corrective actions: Fine the entity which placed the vending machine in accordance with the fine schedule approved by the City Council for each violation.

(Ord. No. 639, § 1, 6-4-2018)

A.

Purpose. Accessory dwelling units are allowed in certain situations to:

1.

Create new housing units while respecting the look and scale of single-dwelling development;

2.

Support more efficient use of existing housing stock and infrastructure;

3.

Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints;

4.

Provide housing that responds to changing family needs, smaller households, and increasing housing costs; and

5.

Provide accessible housing for seniors and persons with disabilities.

Accessory Dwelling Units are not intended to be rental units such as Air B&B, VRBO, etc.

B.

Definition. An accessory dwelling unit (ADU) is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two (2) types of ADUs:

1.

Garden cottages are detached structures. Examples include converted detached garages or new construction.

2.

Accessory suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.

3.

Conversion ADUs are dwelling units constructed in existing outbuildings.

C.

Eligibility. An ADU may be added to a house on any lot zoned residential or agricultural.

D.

Number. One (1) ADU is permitted per lot zoned residential or agricultural.

E.

Creation. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new primary dwelling on the site.

F.

Approval. Applications for ADUs must meet the following criteria.

1.

ADUs require a Special Use Permit.

2.

The applicant must demonstrate that the ADU complies with all development and design standards of this section.

3.

The applicant must demonstrate that the proposed modifications comply with applicable building and fire safety codes.

G.

Occupancy and Use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site except for short-term rentals are prohibited.

H.

Design. Design standards for ADUs are stated in this section. If not addressed in this section, base zone development standards apply.

1.

All ADUs (accessory suites and garden cottages) must meet the following requirements:

i.

Size. An ADU may be no more than one thousand five hundred (1,500) square feet.

ii.

Utility meters. There shall be no separate Piedmont Municipal Authority meter for any ADU.

iii.

Parking. One (1) additional parking space is required for an ADU. Existing required parking for the primary dwelling must be maintained or replaced on-site. No additional curb cuts are allowed for accessory suites and no more than one (1) curb cut is allowed for garden cottages.

iv.

Building setbacks. No variance of set-back requirements will be granted for any ADU.

2.

Design Compatibility for all ADUs.

i.

Exterior finish materials. Exterior finish materials must match in type, size and placement, the exterior finish materials of the primary dwelling.

ii.

Roof pitch. The roof pitch must be the same as the predominant roof pitch of the primary dwelling.

iii.

Windows. If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling.

iv.

Eaves. If the primary dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU.

I.

Additional Requirements for Accessory Suites. Accessory suites must meet the following additional requirements:

1.

Location of entrances. Only one (1) entrance may be located on the façade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the accessory suite was created. An exception to this regulation is entrances that do not have access from the ground such as entrances from balconies or decks.

2.

Exterior Stairs. Fire escapes or exterior stairs for access to an upper level accessory suite shall not be located on the front of the primary dwelling.

J.

Additional Requirements for Garden Cottages. Garden cottages must meet the following additional requirements:

1.

Height. The maximum height allowed for a garden cottage is the lesser of twenty (20) to twenty-five (25) feet or the height of the primary dwelling.

2.

Location. Garden cottages must be located at least six (6) feet behind the primary dwelling unless the garden cottage is in an existing detached structure that does not meet this standard.

3.

Yard Setbacks. No portion of an existing building that encroaches within a required yard setback may be converted to or used as a garden cottage unless the building complies with setback exemptions (i.e., for garages, properties abutting alleys, etc.) available elsewhere in the code.