This chapter includes supplemental regulations that apply to some uses and building types. These regulations supplement the applicable zoning district regulations. The applicability of these supplemental use regulations is indicated in the individual sections of this chapter and in the use regulations of the respective zoning district. (Ord. 2018-16, 12-4-2018)

The supplemental use regulations of this section apply to all bed and breakfast inns.

   A.   Bed and breakfast inns are limited to a maximum of twelve (12) guest rooms unless a lower limit is established by the Board of Adjustment as a condition of an approved special exception.

   B.   The maximum length of stay for any guest is limited to thirty (30) consecutive days.

   C.   The owner/operator must maintain a register of bed and breakfast guests and on-site events for each calendar year and make the register available to City Code Enforcement upon request.

   D.   Cooking facilities are prohibited in guest rooms.

   E.   Signs are allowed in accordance with the sign regulations of the subject zoning district unless the Board of Adjustment establishes stricter conditions at the time of special exception approval.

   F.   Public restaurants are prohibited. Meals may be served only to overnight guests and for on-site events expressly authorized by the Board of Adjustment at the time of special exception approval. The Board of Adjustment may authorize bed and breakfast inns to be rented for events, such as weddings, receptions, anniversaries, private dinner parties and business seminars, in accordance with the special exception procedures of section 10-15-12 of this title. As part of approval of the special exception, the Board of Adjustment is authorized to establish the maximum number of on-site events per year and the maximum number of guests per any single event. (Ord. 2018-16, 12-4-2018)

The supplemental use regulations of this section apply to all community garden uses.

   A.   Unless permitted by the underlying zoning district or approved as a special exception, on-site sale of community garden products is prohibited.

   B.   Lawn and garden equipment of the type customarily used by consumers for household lawn and garden care is the only type of motorized equipment allowed. The use of motorized equipment is restricted to hours beginning at eight o'clock (8:00) A.M. and ending at eight o'clock (8:00) P.M.

   C.   The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining onto adjacent properties.

   D.   An on-site trash storage container must be provided and located as close as practicable to the rear lot line. Compost bins or piles must also be located as close as practicable to the rear lot line. Trash must be removed from the site at least once a week.

   E.   Only individuals and organizations authorized by the property owner may participate in the community garden.

   F.   A sign must be posted on the property identifying the name and phone number of the property owner or the owner's agent name. The sign must be at least four (4) and no more than eight (8) square feet in area and be posted so that it is legible from the public right-of-way.

   G.   The owner of any lot used for a community garden must give each abutting property owner and occupant written notice of the intent to establish a community garden and the applicable use regulations of this UDO at least thirty (30) days before the start of the community garden.

   H.   Measures must be taken to prevent cultivated areas from encroaching onto adjacent properties.

   I.   The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed and, in any instance, no later than October 31 of each year.

   J.   Within a Residential Zoning District, operating hours for community garden activities are restricted to between five o'clock (5:00) A.M. and eleven o'clock (11:00) P.M. daily.

   K.   Any community garden use regulation of this section may be modified by special exception approval. (Ord. 2018-16, 12-4-2018)

The supplemental use regulations of this section apply to all community group homes.

   A.   Community group homes must have all licenses required by the State. A special exception granted for a community group home use will immediately become void upon final revocation of any required State license.

   B.   To avoid over-concentration, community group homes in RS or RD Zoning Districts may not be located within one thousand three hundred feet (1,300') of any other community group home. This separation requirement is established, not on the basis of any disability status, but on the basis of the non-family status of the groups. The required separation distance must be measured in a straight line from the nearest lot lines of the lots occupied by the community group home uses.

   C.   In order to allow for special accommodations for inhabitants of community group homes, the Board of Adjustment is authorized, by special exception, to reduce or eliminate the separation distance requirement upon a finding that the Federal Fair Housing Amendments Act, as amended, requires it, or that the grant of the special exception will not be injurious to the neighborhood or detrimental to the public welfare and will be in harmony with the spirit and intent of this UDO. In consideration of granting this special exception, the Board of Adjustment must specifically consider the following factors:

      1.   Traffic and parking congestion given the capacity of nearby streets;

      2.   The likelihood that any other applicable group home use will impact traffic and parking congestion;

      3.   Traffic hazards;

      4.   Availability of off-street parking;

      5.   Availability of public transit and the likelihood of its use;

      6.   Feasibility of traffic mitigation measures; and

      7.   Impacts on public utilities, including water and sanitary sewer capacities.

   D.   When a community group home is located on a lot abutting an RS-Zoned lot, a screening wall or fence must be provided along the common lot line in accordance with the F1 screening fence or wall standards of section 10-11-5 of this title.

(Ord. 2018-16, 12-4-2018)

   A.   Whenever any industrial use, other than a junk or salvage yard, is located on a lot abutting an R-Zoned lot, a screening wall or fence must be provided along the common lot line in accordance with the F1 screening fence or wall standards of section 10-11-5 of this title. Junk and salvage yards are subject to the regulations of section 10-7-6 of this chapter.

   B.   Industrial uses located within three hundred feet (300') of an abutting R-Zoned lot must be conducted within a completely enclosed building, except for storage, loading and off-loading areas. (Ord. 2018-16, 12-4-2018)

The supplemental use regulations of this section apply to all junk or salvage yards.

   A.   Junk or salvage yards must be screened from view of abutting streets and all AG, R, C and IL Zoning Districts by the erection and maintenance of a screening wall or fence that is:

      1.   At least eight feet (8') in height;

      2.   Made of wood, metal, or masonry construction;

      3.   Designed and arranged to provide opaque visual screening;

      4.   Uniform in height, except in response to significant changes in topography;

      5.   Constructed with all braces and supports on the interior of the fence or wall; and

      6.   Erected before occupancy of the building or initiation of the junk or salvage yard use.

   B.   Required screening walls and fences must be maintained by the owner of the lot containing the use requiring the screening.

   C.   The piling of junk or salvage materials may not exceed the height of the required screening wall or fence within one hundred fifty feet (150') of the boundary required to be screened, except that storage racks designed for the stacking of automotive front- ends, hoods, doors, quarter panels, and similar parts that exceed the height of the screening wall or fence, must be set back at least twenty five feet (25') from abutting R-Zoned lot and street rights-of-way, plus two (2) additional feet of setback for every foot of rack height above fifteen feet (15').

   D.   The Board of Adjustment is authorized as a special exception to:

      1.   Modify or eliminate the screening wall or fence requirements where existing physical features, such as trees and other plant materials, buildings, earthen berms or hills, provide equivalent visual screening;

      2.   Modify the screening wall or fence requirements when alternative screening will provide equivalent visual screening, such as:

         a.   Dense landscaping, or

         b.   A six foot (6') privacy wall or fence;

      3.   Grant an extension of time to erect a screening wall or fence when properties, other than streets, are undeveloped and no immediate plans for development are known or anticipated; or

      4.   Eliminate the screening wall or fence requirements when the purpose of the screening requirement cannot be achieved, such as when a street is elevated, or when the required screening wall or fence is prohibited by other regulations, such as in floodplains. (Ord. 2018-16, 12-4-2018)

The supplemental use regulations of this section apply to all manufactured housing subdivisions.

   A.   Manufactured housing units are allowed only in manufactured housing subdivisions.

   B.   Manufactured housing subdivisions require a minimum contiguous land area of five (5) acres.

   C.   All manufactured housing units in manufactured housing subdivisions must be attached to a permanent foundation and comply with the same lot and building regulations that apply to detached houses in the subject zoning district.

   D.   All manufactured housing units in manufactured housing subdivisions must have a minimum floor area of six hundred (600) square feet.

   E.   A subdivision plat must be reviewed and approved in accordance with chapter 13 of this title. (Ord. 2018-16, 12-4-2018)

The supplemental regulations of this section apply to all mobile home parks.

   A.   Mobile homes are permitted only in approved mobile home parks.

   B.   All mobile home parks require review and approval of a zoning map amendment and mandatory development plan (see sections 10-15-3 and 10-15-7 of this title).

   C.   All mobile homes and manufactured housing units must be completely skirted.

   D.   All mobile homes and manufactured housing units must be tied down and anchored in accordance with City regulations.

   E.   All housing units must be certified and display applicable Federal certifications.

   F.   The lot and building regulations of table 7-1 of this section apply to the overall mobile home park site:

 

 

   G.   The lot and building regulations of table 7-2 of this section apply to individual mobile home and manufactured housing unit spaces within a mobile home park:

 

   Note:

      1.    Must have a minimum width of 80 feet and minimum area of 10,000 square feet.

   H.   Accessory buildings must be set back at least ten feet (10') from manufactured housing units.

   I.   Streets within the mobile home park must have a minimum paved width of twenty four feet (24').

   J.   All parking must be located on each mobile home space or within common parking areas. Parking is not permitted on streets or drives within the park. (Ord. 2018-16, 12-4-2018)

Multi-unit houses are subject to the lot and building regulations of the subject zoning district, except as expressly modified by the supplemental regulations of this section.

   A.   The street-facing facade of a multi-unit house may have only one building entrance that is visible from the street. If the building is located on a corner lot, one building entrance may be visible from each street.

   B.   Patio-style doors, such as sliding glass doors, may not be used for entrance doors on building facades that face a street.

   C.   The front facade of new multi-unit houses established after the effective date established in section 10-1-3 of this title may not exceed sixty feet (60') in width.

   D.   Outdoor parking areas may not be located between the principal building and the street or within any required side building setback. (Ord. 2018-16, 12-4-2018)

Patio houses are subject to the lot and building regulations of the subject zoning district, except as expressly modified by the supplemental patio house regulations of this section.

   A.   A patio house development must consist of at least three (3) contiguous lots with frontage on the same street.

   B.   The interior side building setback on one side of the lot containing a patio house may be reduced to as little as zero. The zero- or reduced setback side of a patio house may not abut a street and may not abut a lot that is not part of the patio house development. On the "non-zero" side, a side building setback must be provided equal to at least twice the minimum side building setback requirement of the subject zoning district.

   C.   When the patio house's exterior wall or eaves are within two feet (2') of the abutting property line, a perpetual maintenance easement at least five feet (5') in width must be provided on the lot abutting the zero- or reduced-setback property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be depicted on the plat and established in the deed of dedication accompanying the plat. This provision is intended to ensure the ability to conduct maintenance on the patio house. Eaves on the side of a patio house with a zero or reduced setback may project over the side property line only if shown on the easement required under this paragraph.

   D.   Windows, doors and other openings that allow for visibility into the side yard of the lot abutting the reduced or zero setback side of the patio house are prohibited. Windows that do not allow visibility into the side yard of the lot abutting the zero or reduced setback side, such as clerestory windows or translucent windows, are allowed, subject to compliance with the Building Code.

   E.   A patio house development is permitted only if a subdivision plat incorporating the provisions and requirements of this section is approved in accordance with the subdivision regulations and filed of record in the County Clerk's Office. (Ord. 2018-16, 12-4-2018)

   A.   When a drive-up or exterior access-style self-service storage facility is located on a lot abutting an R-Zoned lot, a screening wall or fence must be provided along the common lot line in accordance with the F1 screening fence or wall standards of section 10-11-5 of this title.

   B.   No activities other than storage and pick-up and deposit of stored materials are allowed within the storage units.

   C.   In the C Districts, no outdoor (open-air) storage of any kind is allowed that is visible at ground level from abutting R Districts or from any street rights-of-way. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: Townhouses are subject to all applicable regulations of this UDO and other City codes and ordinances except as modified or supplemented by the townhouse development and building regulations of this section.

   B.   Side Setbacks: No side building setback is required for common or abutting walls. Otherwise, the minimum side setback requirements of the subject zoning district apply.

   C.   Design: Townhouses must be affixed to a permanent foundation.

   D.   Open Space: Required open space per dwelling unit for a townhouse project may be provided either on each townhouse lot or in common areas within the overall townhouse project, as designated on a recorded subdivision plat. (Ord. 2018-16, 12-4-2018)

   A.   New transitional living facilities and halfway houses may not be established, and existing transitional living facilities and halfway houses may not be enlarged to increase their capacity within one thousand feet (1,000') of any existing public or private elementary or secondary school.

   B.   When a new public or private elementary or secondary school is established within one thousand feet (1,000') of any existing transitional living facility or halfway house, such transitional living facility or halfway house may remain as long as it remains in continuous use.

   C.   The separation distance required in this section is measured from the nearest property line of the school to the nearest property line of the transitional living facility or halfway house.

   D.   The provisions of this section shall not apply to any transitional living facility or halfway house established prior to the effective date of the Oklahoma Alcohol and Drug Abuse Services Act. (Ord. 2018-16, 12-4-2018)

   A.   Purpose: The wireless communication facility regulations of this section establish supplemental regulations governing wireless communications towers and antennas. These regulations are established to promote the following goals:

      1.   Protecting residential areas and land uses from potentially adverse impacts of towers and antennas;

      2.   Encouraging the location of towers in nonresidential areas;

      3.   Minimizing the total number of towers;

      4.   Encouraging co-location rather than the construction of additional single-use towers;

      5.   Encouraging users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

      6.   Encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; and

      7.   Helping to ensure the ability of telecommunications services providers to offer such services to the community quickly, effectively and efficiently.

   B.   Exemptions: The following are exempt from these regulations:

      1.   Amateur (ham) radio antennas;

      2.   Microwave reflectors and parabolic antennas;

      3.   Antennas and equipment located completely inside of buildings; and

      4.   Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that comply with all applicable regulations of this section.

   C.   Federal Law: The wireless communication facility regulations of this section must be applied within the constraints of the Telecommunications Act of 1996, section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012 and all other applicable State and Federal regulations.

   D.   Special Definitions: The following definitions are established solely for administering and interpreting the wireless communication facility regulations of this section.

ANTENNA: Means any exterior transmitting or receiving device used in communications to radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals.

FAA: Means the Federal Aviation Administration.

FCC: Means the Federal Communications Commission.

HEIGHT: When referring to a tower or wireless communication facility, means the distance from finished grade at the base of the tower or facility, including any base pad, to the highest point of the structure.

MONOPOLE: Means a single, freestanding pole structure without guy wires or external supporting braces.

   E.   General Requirements: All towers and antennas are subject to the general requirements of this subsection unless otherwise expressly stated.

      1.   Towers may be considered either principal or accessory uses. Another principal or accessory use on the same lot does not preclude the installation of a tower on that lot.

      2.   Towers and antennas are subject to all of the following requirements:

         a.   Towers and antennas must be designed to blend into the surrounding environment through the use of color, galvanizing, or camouflaging architectural treatment, except in instances where the color is dictated by Federal or State authorities, such as the Federal Aviation Administration.

         b.   Except in IL and IH Zoning Districts, towers must be of a monopole design unless the Board of Adjustment approves, by special exception, an alternative design that they determine would better blend into the surrounding environment or that the required antennas cannot be supported by a monopole.

         c.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that closely matches or complements the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

      3.   Towers may not be illuminated by artificial means and may not display strobe lights unless such lighting is expressly required by the Federal Aviation Administration or other Federal or State authorities. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

      4.   The use of any portion of a tower for advertising or signs other than warning or equipment information signs is expressly prohibited.

      5.   All utility buildings and structures accessory to a tower must comply with all applicable requirements of the underlying zoning district. Exterior ground-mounted equipment occupying more than fifty (50) square feet, if visible from ground level, must be screened from view of abutting property used or zoned for residential purposes by a screening wall or fence in accordance with the F1 screening fence or wall regulations of section 10-11-5 of this title.

      6.   The following setback requirements apply to all towers unless otherwise expressly approved by the Board of Adjustment as part of the special exception approval:

         a.   Towers must be set back a distance equal to at least one hundred ten percent (110%) of the height of the tower from any adjoining lot line of an R-Zoned lot, excluding R-Zoned expressway rights-of-way.

         b.   Accessory buildings are subject to applicable zoning district building setback requirements.

      7.   Towers must be enclosed by security fencing that is at least six feet (6') in height or be equipped with an appropriate anti- climbing device.

   F.   Antennas And Towers Requiring Special Exception Approval:

      1.   Applicability: The regulations of this subsection F apply to all antennas and towers that require special exception approval.

      2.   Factors To Be Considered: Applications do not require and may not be evaluated based upon:

         a.   Information about an applicant's business decisions with respect to the applicant's designed service, customer demand for service, or quality of the applicant's service to or from a particular area or site;

         b.   Availability of other potential locations for the placement or construction of a tower or transmission equipment;

         c.   Other options for co-location instead of the construction of a new tower or modification of an existing tower;

         d.   The requirement for removal of existing towers or transmission equipment, except as stated by this section or City Council policy for removal of abandoned towers or transmission equipment;

         e.   Surety requirements, including bonds, escrow deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed, other than requirements stated in regulations or policy approved by City Council resolution that are competitively neutral, nondiscriminatory, reasonable in amount, and commensurate with the historical record for local facilities and structures that are abandoned;

         f.   Applicant's agreement to provide space on or near the tower for the City or for other local governmental or nongovernmental services at less than the market rate for such space or to provide other services via the structure or facilities at less than the market rate for such services;

         g.   Environmental testing, sampling, or monitoring requirements, or other compliance measures, for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47 CFR 1.1307(b)(1);

         h.   Regulations or procedures for radio frequency signal strength or the adequacy of service quality; or

         i.   Perceived or alleged environmental effects of radio frequency emissions, as provided in 47 USC 332(c)(7)(B)(iv).

      3.   Findings: The findings of the Board of Adjustment as to each of these factors must be made on the record and included in the written minutes of the meeting.

      4.   Co-Location: Co-location of facilities is encouraged wherever practical by allowing reasonable extra height or tower diameter necessary to support multiple antennas.

      5.   Landscaping: The following requirements govern landscaping surrounding towers that require special exception approval; provided that the Board of Adjustment may modify or waive such requirements by special exception.

         a.   Tower facilities must be landscaped with a continuously maintained buffer of plant materials that effectively screens the view of the tower compound from property within three hundred feet (300') used or zoned for residential purposes. The standard buffer requirement consists of a landscaped strip with a minimum width of four feet (4') outside the perimeter of the compound.

         b.   Existing mature tree growth and natural land forms on the site must be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may provide sufficient buffer.

   G.   Antennas And Towers Permitted As-Of-Right:

      1.   Applicability: The regulations of this subsection G apply to all antennas and towers that are permitted as-of-right.

      2.   Permits: A permit must be obtained from the City before installation or construction of any antenna or tower.

      3.   Regulations: Antennas and towers that are permitted as-of- right are subject to the following supplemental regulations:

         a.   Antennas attached to the roof or wall of buildings in Commercial or Industrial Zoning Districts, or to office or apartment/condo buildings, or to public, civic or institutional buildings (e.g., schools, places of worship, or hospitals) are subject to all of the following regulations:

            (1)   An antenna may not extend more than twenty feet (20') above the highest point of the building, or, if located on an architectural feature such as a steeple or bell tower, may not protrude above that structure; provided, however, that the Board of Adjustment may modify such requirements by special exception; and

            (2)   The antenna must comply with all applicable FCC and FAA regulations;

            (3)   The antenna must comply with all applicable Building Codes.

         b.   Antennas may be attached to existing towers and to City-owned buildings and structures. When an existing tower must be modified to accommodate the collocation of antennas, the tower must be of the same type as the existing tower or reconstructed as a monopole and the modification or reconstruction may not result in a height increase of more than thirty feet (30') above the height of the existing tower. Other modifications may be approved by special exception.

   H.   Removal Of Abandoned Antenna And Towers: Any antenna or tower that is not operated for a continuous period of twelve (12) months will be considered abandoned, and the owner of the antenna or tower must remove it within ninety (90) days of receiving notice from the City. Failure to remove the abandoned antenna or tower within ninety (90) days constitutes grounds for the City to remove the antenna or tower at the owner's expense. Abandoned towers are subject to the City's nuisance abatement procedures.

   I.   Preexisting Towers And Antennas: Any tower or antenna that lawfully existed on or before the effective date specified in section 10-1-3 of this title, including a tower or antenna for which a permit was issued on or before that date which was constructed within the time frame allowed under the permit, is allowed to remain in use. Routine maintenance, including antenna replacement, is permitted. All new construction, other than routine maintenance, requires compliance with all applicable regulations of this section. (Ord. 2018-16, 12-4-2018)

   A.   In instances in which the placement of a tank/container utilized for Liquefied Petroleum Gas has been authorized upon property as a Special Exception to zoning, the placement of the tank/container upon property shall be made subject to all applicable state, federal and local laws, rules and ordinances including but not limited to the Building Regulations of the City of Pryor Creek.

   B.   Zoning regulations prohibiting the placement of tanks/containers utilized for liquefied petroleum gases upon property located in the City of Pryor Creek shall not apply to tanks/containers utilized for Liquefied Petroleum Gas in the following instances:

      1.   The use of tanks/containers of a size not to exceed 125 gallons (water gallons) utilized for Liquefied Petroleum Gas for recreational outdoor purposes such as outdoor cookers, outdoor space heaters and outdoor fire places or fire pits. All uses of tanks/containers under this paragraph shall be conducted in compliance with any order made/issued by the City’s Fire Chief or the Fire Chief’s designee.

      2.   Fuel tanks/containers affixed to vehicles or other equipment, which vehicle or equipment is powered by means of utilization of Liquefied Petroleum Gas stored in said tanks/containers.

      3.   Fuel tanks/containers affixed to recreational vehicles which recreational vehicle utilizes the fuel stored in said tank/container for purposes of cooking or heating of the recreational vehicle.

      4.   The use of tanks/containers of a size not to exceed 125 gallons (water gallons) utilized for Liquefied Petroleum Gas on a temporary basis for construction related activities where the construction activity is being lawfully made within the municipal limits of the City. The phrase “for construction related activities” as used in this paragraph shall be interpreted to mean the provision of heat for workers during times actively engaged in the performance of construction activities at the location or other uses directly related to the construction activities. The said phrase shall not include uses for domestic purposes such as provision of heat for occupants of a structure or as a means of heating water for bathing or for cooking. (Ord. 2021-14, 2-2-2021)