A.   Lot Area And Width: No open space or lot area required for a structure shall, during its life, be occupied by, or counted as, open space for any other structure. Where no specific minimum lot sizes and open spaces are prescribed for a use or district, it is the intent of this title that lots be of sufficient size to provide adequate parking and loading space in accordance with the provisions of chapter 13 of this title.

   B.   Yards And Setbacks: A yard provided for a building or lot shall not be considered the yard for any other building or lot. Except as otherwise provided in this title, required yards shall be open and unobstructed from the ground to the sky. The following exceptions qualify and/or supplement these regulations:

      1.   Zoning District Boundaries: Where a lot in any zoning district adjoins, along an interior lot line, another zoning district whose yard requirements are more restrictive than those of the district in which such lot is located, structures on such lot shall observe the more restrictive requirements.

      2.   Obstructions In Required Yards: Accessory structures listed in section 11-5-1 of this title shall not be considered to be obstructions when located in a required yard if in conformance with the applicable provisions of section 11-5-1 of this title. The following exceptions modify subsection 11-5-1D of this title:

         a.   Arbors, trellises, statuary, flag poles, and signs permitted by chapter 12 of this title are exempt from all yard requirements except as may be applicable to signs in accordance with the provisions of chapter 12 of this title.

         b.   Children's play equipment and outdoor laundry drying apparatus are exempt from the minimum interior side and rear yard requirements.

         c.   Detached emergency shelters are permitted within a required front or side yard, provided that no part of such shelter shall exceed eighteen inches (18") in height above ground level.

      3.   Projections Into Yards: The following exceptions modify the standard minimum yard requirements with respect to principal structures:

         a.   Cornices, eaves, shade control devices, and awnings or canopies over doors and windows may project a distance not exceeding two feet (2') into the required yard.

         b.   Bay windows, balconies, and chimneys may project a distance not exceeding two feet (2'), provided that such features do not occupy, in total, more than one-third (1/3) of the length of the building wall on which they are located.

         c.   Fire escapes, and other uncovered stairs and landings may project a distance not exceeding three feet (3') into required yards.

         d.   Open terraces, decks, and porches not over thirty inches (30") above the average level of the adjoining ground may project a distance not exceeding five feet (5') into required yards; provided, that such projection extends no closer than five feet (5') to any interior side property line.

      4.   Earth Integrated Buildings: Entirely below grade portions of a building may extend to within five feet (5') of any property line where the normal minimum yard requirement is greater, provided that such construction does not encroach upon any dedicated easement; and provided, that such portions of the building can be constructed and maintained with no nuisance to adjacent properties. Earth berms may extend to within five feet (5') of any interior side property line, provided that the exterior wall of the building being bermed shall be set back from the property line a minimum of five feet (5'), plus one foot (1') for each one foot (1') of berm height above normal grade.

      5.   Sight Triangle: On any corner lot on which a front yard and exterior side yard are required, no wall, fence, sign, other structure, vehicle, or plant growth having a height in excess of three feet (3') above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring a distance of thirty feet (30') along both property lines from their point of intersection and connecting the points so established to form a triangle; except, however, that a single pole eighteen inches (18") or less in diameter supporting a permitted sign, or a single tree trunk may be placed in a sight triangle; provided, that the bottom of the sign or lowest tree branch when mature is at least twelve feet (12') above the elevation of the lowest point of the crown of the adjacent roadway.

      6.   Easements: Where a utility, drainage, private drive, or other recorded easement is wider than a minimum required building setback in the same location, the building setback from the property line shall be increased to include all of such easement.

   C.   Lot Coverage: Entirely below grade portions of a building extending beyond the exterior perimeter of above grade portions of the building shall not be counted in the lot coverage of the building.

   D.   Height: The following provisions qualify and/or supplement the specific district regulations:

      1.   Zoning District Boundaries: Where a lot in any zoning district adjoins, along an interior lot line, another zoning district whose height limitations are more restrictive than those of the district in which such lot is located, structures on such lot shall observe the more restrictive height requirements within one hundred feet (100') of such other district, whereby such maximum height limitation is to be measured as an elevation based upon the actual ground level at the zoning district boundary.

      2.   Nonhabitable Structures: Chimneys, elevators, poles, spires, tanks, towers, antennas, solar collectors, and other projections not used for human occupancy may extend up to fifteen feet (15') above the maximum permitted height prescribed for buildings in the applicable zoning district where such projections are attached to, or a part of, a building.

      3.   Airport Hazard: All uses in all districts located within a supplemental airport zone are subject to any more restrictive height limitations that may be required in accordance with the provisions of chapter 16 of this title.

   E.   Location In Floodplain: The establishment, construction, or alteration of all uses, structures, and buildings on any property located within a flood hazard area shall be subject to the provisions of title 10, chapter 10 of this code.

   F.   Residential Driveways And Parking:

      1.   Circle driveways requiring two (2) points of access from the same public right of way are prohibited on lots that are less than seventy five feet (75') in width at the front building line.

      2.   A minimum of fifty percent (50%) of the required front yard must remain an unpaved, pervious surface. (Ord. 5916, 8-9-1999)

   A.   Nonconforming Building Or Structure: A nonconforming building or structure existing at the time of the adoption of this title may be continued and maintained including reasonable repairs, except as otherwise provided in this section.

      1.   Alteration Or Enlargement Of Buildings Or Structures:

         a.   A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all the regulations of the district in which it is located; provided however, that if a building or structure is conforming as to use but not conforming as to yards, off street parking or height, said building may be enlarged or added to, provided that the enlargement or addition complies with the yard, off street parking and height requirements of the district in which said building or structure is located.

         b.   No nonconforming building or structure shall be moved, in whole or in part, to another location on the lot unless every portion of the building or structure is made to conform to all the regulations of the district in which it is located.

      2.   Restoration Of Damaged Buildings:

         a.   A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, the public enemy or act of God, to the extent of not more than sixty percent (60%) of its value, exclusive of its foundations, may be restored and the occupancy or use of such building may be continued or resumed, provided that such restoration is started within a period of one year and is diligently pursued to its completion.

         b.   In the event damage or destruction exceed sixty percent (60%) of the value, exclusive of foundations of such nonconforming building or structure, no repairs or construction shall be made unless every portion of such building or structure is made to conform to all the regulations for new buildings in the district in which it is located; provided, however, that any building or structure that is nonconforming due to off street parking, and is conforming in all other respects, may be restored regardless of the extent of damage.

      3.   Changes In Use:

         a.   A nonconforming use of a conforming building (i.e., a commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure, nor changed except to a conforming use. If such a nonconforming use or a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

         b.   The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a nonconforming building or structure is changed to a use of a more restricted district classification, it shall not thereafter be changed to a use of a less restricted district classification.

      4.   Building Vacancy: A nonconforming building, structure or portion thereof which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, shall not thereafter be occupied except by a use which conforms with the regulations and requirements of the district in which said building or structure is located.

   B.   Nonconforming Uses Of Land:

      1.   A nonconforming use of land, existing at the time of the adoption of this chapter, may not be extended or expanded.

      2.   If said nonconforming use or any portion thereof is discontinued for a period of six (6) months, or changed, any future use of such land, or change in use, shall be in conformity with the provision of the district in which said land is located. (Ord. 5916, 8-9-1999)

   A.   Purpose And Intent: The following regulations have been adopted for the purpose and intent of:

      1.   Ensuring minimal conflict between placement of trees and other landscaping, and both overhead and underground utility lines;

      2.   Providing for landscaping and trees to shade buildings and paved surfaces and to reduce the amount of runoff, erosion, reflected heat, air pollution, wind, and noise;

      3.   Improving the attractiveness of Ponca City as a place for economic growth and the general safety of developments; and

      4.   Providing screening between incompatible land uses.

   B.   Tree Classification: Trees shall be classified by category of small, medium, and large based on growth characteristics for the purpose of implementing this title; in the advent of disagreement, the planning commission shall have the authority to make a determination.

   C.   General Planting And Maintenance Standards: The requirements set forth in this section are applicable to trees on both public and private property.

      1.   The requirements for tree and other landscape material locations are:

         a.   Except for areas zoned CBD, or in the case of P districts located immediately adjacent to a CBD district, trees shall be planted no closer to any public curb or sidewalk than three feet (3') for small trees, four feet (4') for medium trees, and five feet (5') for large trees.

         b.   Except for areas zoned CBD, or in the case of P districts located immediately adjacent to a CBD district, landscaping and trees shall be planted to maintain clear vision at intersections as illustrated in figure 11-14-3.1.

         c.   Trees planted in the public right of way must be of a type which will grow tall enough so that they will not block vision of drivers to see other traffic, pedestrians, signage, and traffic control devices.

         d.   Landscape material shall be planted in such a way as to not obstruct access to a fire hydrant, utility meters, or utility poles.

         e.   Only those trees considered small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water, sewer, electric, telephone, cable, or natural gas line. Any tree which is planted within a dedicated easement will be subject to damage, pruning, and removal, as necessary, to allow full utilization of the easement and maintenance of utilities contained therein.

         f.   Plant materials being planted to meet landscape requirements of this title should be planted during the spring or fall months to improve chances of survival. If all other requirements are met, a certificate of occupancy will be issued for properties which are developed during the other times of the year without the landscape materials being installed; provided, however, that the plant materials must be planted within the first planting season to following completion of construction. See below for figure 11-14-3.1.

(Ord. 5916, 8-9-1999)

      2.   The following shall be observed in the care of existing trees:

         a.   The city shall have the right to prune, spray, and preserve trees, plants, and shrubs within the right of way of all streets and alleys, public grounds, and all public easements as may be necessary to ensure the safety of city utilities, to protect individuals and properties, maintain visibility of traffic signals and other traffic warning or directional signage, or to preserve the symmetry and beauty of the trees, plants, or shrubs.

         b.   Healthy, existing trees and ground cover shall be retained where feasible, or replaced with suitable vegetation where possible. When development plans include preservation of existing trees or other vegetation on site during construction, the building permit plans shall specify the method(s) to be used to protect the trees or vegetation. No artificial plants, trees, or ground cover shall be installed to meet the landscaping requirements.

         c.   All required landscaping shall be irrigated by one of the following methods:

            (1)   An underground sprinkler system.

            (2)   Drip system.

            (3)   A hose attachment within one hundred feet (100') of all landscaped areas.

Irrigation may be supplemented by directing drainage from paved areas across landscaped areas, provided, that the same is accomplished in a manner not likely to result in erosion.

         d.   All landscaped areas adjacent to pavement shall be protected with curbs or equivalent barriers.

         e.   Required landscaping areas shall be continually maintained free of debris and litter. (Ord. 5916, 8-9-1999; amd. 2003 Code)

   D.   Multiple-Family, Commercial And Industrial Landscape Requirements: Multiple-family uses shall be considered more than four (4) dwelling units per lot. All new construction, expansion, or redevelopment within the city for multiple-family, commercial, and industrial park uses, except in the CBD, shall provide areas for the planting of trees and other landscape materials. In all cases, property within this category not being used for a structure, parking space, driving aisle, open display area, sidewalk, or outdoor storage area shall be maintained as landscape area.

      1.   The actual minimum landscape area requirements for a development shall depend on the size of the associated parking area. For parking areas containing between six (6) and twenty (20) parking spaces, inclusive, the only landscape area required shall be the parking area setback requirement of subsection 11-13-2A of this title. For parking areas of more than twenty (20) spaces the required landscape area shall be equal to at least nine percent (9%) of the developed portion of the lot which shall include, at a minimum, the five foot (5') or ten foot (10') landscaped area, as the requirement may be, as established in subsection 11-13-2A3 of this title. Except as provided below, the developed portion of the lot shall be considered the entire piece of property being developed.

         a.   The developed portion of the lot shall not include detention or compensatory storage areas when detention and/or compensatory storage requirements are met off of the parking surface.

         b.   When only a portion of a piece of property is being developed, that portion for future development shall be so designated on the site plan and will not be included in the development area.

         c.   Property beyond any normal setback requirements which lies within a 100-year floodplain, or other drainage channels, and which will not be functioning as part of the detention or compensatory requirements of the site, may be designated, in whole or in part, as part of the developed area by the applicant, provided that a sufficient amount of landscape area is distributed across the entire site. Because each site will be different, it will be up to the applicant and staff to agree on what is "sufficient" in a given case. In general, staff will be looking to see that the intent of this title is being met and that landscaping will not be concentrated away from public portions of the site. When an agreement cannot be reached, the planning commission shall make the final determination.

      2.   Landscaping areas within the occupant, customer, and/or employee parking area(s) of a development, shall be located in such a way as to meet the following requirements. These requirements do not apply to areas designated for open display.

         a.   Landscape areas shall be located so that at least sixty percent (60%) of the trees planted to meet the point requirements on the site can be located within ten feet (10') of the paved parking area.

         b.   When a parking area is to provide parking for more than one hundred (100) vehicles, landscape islands shall be provided at the ends of the rows of parking to separate the parked vehicles from an adjacent driving aisle.

         c.   Landscape areas shall be placed so that at least a portion of every parking space is within fifty nine feet (59') of the parking area setback area or another landscape area meeting the minimum area requirement of subsection D3 of this section. The distance a parking space may be from a landscape area may be increased by one foot (1') for each additional thirty (30) square feet of area contained within a landscape area which is surrounded on all sides by paved parking area, provided, however, that in no case shall the distance between a parking space and a landscape area exceed eighty feet (80'). See below for figure 11-14-3.2.

      3.   Landscape area size requirements are described below and illustrated in figure 11-14-3.3.

         a.   The width of parking lot landscape areas shall be measured exclusive of any curbing or bumper blocks.

         b.   The standard, minimum width of a perimeter landscape area shall be five feet (5'). Internal landscaped areas shall be at a minimum four feet (4') wide. At the end of a row of ninety degree (90°) parking spaces that are next to a setback area, the setback area may be reduced to two feet (2') to facilitate backing out of a parking space. Also, specific points of other landscape areas may be reduced to as narrow as two feet (2') to meet design requirements. Landscape areas placed parallel to a parking space, or at the end of a row of parking spaces shall be no less than two feet (2') shorter than the paved length of the parking stall. Except for the perimeter buffer strip areas, landscape areas that have bumper overhang shall have a minimum of four feet (4') of width in addition to the bumper overhang.

         c.   A landscape area placed parallel to a parking space, or at the end of a row of parking, shall be a minimum of eighty (80) square feet, if one parking stall in length; and one hundred sixty five (165) square feet if two (2) stalls in length. Any other landscape areas shall be a minimum of eighty (80) square feet in size.

      4.   Landscaping definitions.

    BERM: An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

   CALIPER: The diameter of the tree trunk as measured at one foot (1') above ground level, except where otherwise stated.

   DECIDUOUS: A plant with foliage that is shed annually.

   EVERGREEN: A plant with foliage that persists and remains green year round.

   PHYSICAL SPACE: The existence of natural physical features such as flood plains, creeks, ponds and open lands that may accomplish the separation of incompatible land uses.

   SCREEN: A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements such as plants, berms, fences, walls or any appropriate combination thereof.

   SHRUB: A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

   TREE: A large, woody plant having one or several self- supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.

   WOODLAND, EXISTING: Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.

      5.   To provide flexibility in designing the best landscape plan for each site, no specific materials or locations are required for landscaping by these regulations.

         a.   Developments shall provide landscape material from the list below, in any combination, such that the total points received for the development equal at least fifty (50) points per one hundred (100) square feet in all other areas.

            (1)   Berms, minimum thirty inches (30") tall - 5 points per ten (10) linear feet.

            (2)   Turf - 10 points per one hundred (100) square feet.

            (3)   Vegetative ground cover (other than natural turf or sod) - 25 points per one hundred (100) square feet of cover.

            (4)   Small shrubs (mature height of 4 feet) - 25 points each.

            (5)   Large shrubs (mature height over 4 feet) - 50 points each.

            (6)   Trees of one inch (1") caliper or greater at the time of planting which are classified as: small - 100 points, medium - 150 points, large - 200 points.

            (7)   Preservation of existing trees will earn the same base points as new trees based on the size classification of tree. For trees over four inch (4") caliper, an additional twenty (20) points will be awarded for each inch of caliper over four (4), up to double the point value of the tree. (For example: saving a tree which is classified in the large tree category will earn 200 points; if the tree measures to be 8 inch caliper, an additional 80 points will be awarded.) The diameter of the tree shall be measured at four and one-half feet (41/2') above the ground.

            (8)   Any plant materials installed to meet the requirements of this title which die, or are otherwise removed, must be replaced with plant materials which will earn at least the same number of points. If the replacement materials are to be located more than twenty feet (20') from where the previous materials had been, a revised landscape plan shall be submitted to the community development director for administrative review and approval.

         b.   Site plan designation. Site plans shall be labeled with the number of square feet contained within each landscape area. The landscaping shown on site plans shall specify the vegetation according to the categories listed below. Symbols shall be used to identify planting sites for landscape materials as designated below, and standard sizes shall be used for trees. Landscaping in addition to that shown on the site plan is encouraged and will not be a violation of the site plan. The required site plan designations shall be:

            (1)   "Berm" and the contour at thirty inches (30") of height for a berm;

            (2)   "TF" for turf;

            (3)   "GC" for vegetative ground covers;

            (4)   "SS" for small shrubs;

            (5)   "LS" for large shrubs;

            (6)   "ST" and a scaled fifteen foot (15') diameter circle for small trees;

            (7)   "MT" and a scaled twenty foot (20') diameter circle for medium trees;

            (8)   "LT" and a scaled thirty five foot (35') diameter circle for large trees; and

            (9)   "EV" and a scaled twenty foot (20') diameter circle for evergreen trees.

      6.   Plans submitted for building permits for these developments shall include the information required by this section in sufficient detail to evaluate compliance with these regulations. For those developments which require board of commissioners site plan approval prior to the issuance of a building permit (planned development site plans, and use permit site plans), a conceptual landscape plan shall be included with the site plan. The minimum requirements for this conceptual plan include:

         a.   The location of all landscape area;

         b.   The calculations showing compliance with the minimum landscape area requirements and what the minimum point requirements are for plan material;

         c.   An illustration of the concept which will be used in placement of landscape materials by area across the site (i.e., the approximate number and size as well as the general location of trees, shrubs, and ground covers); and

         d.   Existing trees which will be preserved.

With any given site plan reviewed by the planning commission and/or board of commissioners they may reserve the right to review the final landscape plan prior to issuance of a building permit.

   E.   Visual Barriers: A visual barrier is intended to screen adjacent uses from the negative aspects of parking areas. Whenever a parking area is located adjacent to a residential use, a six foot (6') sightproof screen is required to prevent light and noise generated in the parking area(s) from reaching the adjacent residential area(s). Sightproof shall mean a solid nonopaque surface designed to prevent light and noise from traveling through the fence or hedge, or to reduce significantly light and noise. The full six feet (6') of height required for a hedge shall be achieved within six (6) months from the date the sightproof hedge is required. (Ord. 5916, 8-9-1999)