This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Sallisaw, Oklahoma."

(Ord. No. 2011-01, § 2, 2-14-2011)

Unless otherwise stipulated or required, the following definitions shall be used in the interpretation and construction of this chapter, and words used in the present tense include the future; words used in the singular shall include the plural, and the plural the singular; the word "building" shall mean as well the word "structure"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used," and the word "shall" is mandatory and directory.

Alley means a public or private right-of-way not more than 30 feet wide affording secondary means of access to abutting property and not intended for general traffic circulation.

Board of adjustment means the board of adjustment of the city.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more un-pierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as provided in this chapter.

Building, accessory means a subordinate building, the use of which is customarily incidental to that of a principal building on the same lot.

Building, line means a line established generally parallel to right-of-way lines or property lines beyond which no part of a building shall project, except as otherwise provided by this chapter.

Building, principal means that building or buildings in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the building site on which the dwelling is located.

Bulk limitations (floor area ratio) means the number of square feet of floor area as defined in this section which is permitted for each square foot of lot area expressed numerically.

Bulletin board means an accessory board or sign erected by nonprofit organizations such as churches, schools, community centers, public agencies or institutions, on its own premises, for announcement or informational purposes.

Commercial breeder means a person who breeds eight or more intact female dogs or cats for the purpose of dealing in direct or indirect sale or exchange in consideration.

Commission, city means the Board of Commissioners of the City of Sallisaw, Oklahoma.

Commission, planning means the city planning commission.

Comprehensive plan means those officially adopted plans of the city used or intended for the purpose of guiding the growth and development.

County public health officer means the official designated or acting health officer for the county.

Districts means a portion of the territory of the city within which certain uniform regulations and requirements apply under the provisions of this chapter. The term "district" is defined to be the same as the zoning districts shown in section 102-171.

Dwelling unit means a building or portion thereof arranged or designed to provide living facilities for one family. The term "dwelling unit" shall include a house trailer or mobile home, but shall not be deemed to include a motel, hotel or tourist home.

Family means one or more individuals related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit and using a single facility for culinary purposes.

Floor area means the total horizontal square footage of the floor or floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.

Frontage means that distance measured along a publicly dedicated street extending from one side property line to the other side property line and affording the primary means of access to the property.

Green space means that area designated for but not limited to: grass, annual plants, perennials, shrubs or trees for landscaping.

Height means the vertical measurement of any building or structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point on the structure or building.

Height, limit means the limit of height as imposed in this chapter for any structure or building or permitted use within a zoning district.

Hobby breeder means a person who breeds eight or less intact female dogs or cats for the purposes of show and the betterment of the breed.

Lot means any parcel of land occupied or intended to be occupied by a principal building or group of buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter or other ordinances or laws of the city and having its principal frontage on a street.

Lot, corner means a lot formed by and abutting on two or more intersecting streets.

Lot, depth means the mean horizontal distance between the front and rear lot lines.

Lot, interior means a lot which does not abut on two or more intersecting streets.

Lot, of record means a lot designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county.

Lot, wedge-shaped means a lot located on a curve or situated so that the front of the lot is narrower or wider than the rear of the lot.

Maximum coverage means the maximum amount of land that may be covered by buildings on any lot.

Mean lot elevation means the average elevation of a lot.

Mobile/manufactured home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for primarily non-transient use.

Mobile home stand means that part of an individual lot which has been reserved and improved for the placement of the mobile home.

Nonconforming use means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

Off-street loading means the provision of spaces or berths entirely within the property boundaries of the affected property and off public streets reserved exclusively for the loading or unloading of motor vehicles.

Off-street parking means the provision of space reserved exclusively for the parking of motor vehicles entirely off of the public streets and lying wholly within the property boundaries of the parcel of land affected.

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

Parcel means a lot as defined in this section.

Permitted use means the use of a building or other structure or of a tract of land which does conform to the use regulations of this chapter.

Residence, multifamily means a building or portion thereof designed for or used by three or more families or three or more dwelling units.

Residence, one-family means the building designed for or used exclusively for residence purposes by one family or one dwelling unit.

Residence, two-family means a building designed for or used exclusively for residence purposes by two families or two dwelling units.

Sign means any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboards, but does not include the flag, pennant, or insignia of any nation or association of nations, or any state, city, or other political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive movement, or event.

Sign, illuminated means a sign designed to give forth any artificial light, or design to reflect light from one or more sources, natural or artificial.

Sign, projecting means a sign erected on the face or outside wall of a building which projects out at any angle there from.

Sign, temporary means signs of a temporary nature used to advertise the premises for sale, rent or lease.

Stories, means a portion of a building included between the surface of any floor and the ceiling above it but limited to 12 feet of overall height.

Street means any thoroughfare other than an alley.

Street, collector means a street designated as a collector street on the major street plan for the city.

Street, major means a street designated as major on the major street plan for the city.

Traffic signaling device means a sign, device or mechanical contrivance used for the control of motor vehicular and pedestrian movement.

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

Use, accessory means a use subordinate to the principal use of land which is located on the same lot serving a purpose customarily incidental to the principal use of the land.

Utility service installation means any structure or installation by a utility company deemed to be necessary for the safe or efficient operation of that utility.

Vertical mixed use residential means a commercial zoned property of two or more stories in which the upper floors are utilized for Residential purposes and the ground floor is utilized for the intended commercial zoning.

Yard, requirements means the minimum requirements of any zoning district which provides for front yards, side yards, rear yards or any other open space on any lot or parcel.

Yard, front means an open space extending the full width of the lot between the building line and the front property line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

Yard, rear means an open space extending the full width of the lot between the building and the rear property line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

Yard, side means an open space extending from the front yard to the rear yard between the building and the nearest side property line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

Zoning clearance permit means a document issued by the city or its designated representative, authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purposes of carrying out and enforcing its provisions.

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2011-24, § 1, 11-14-2011)

In their interpretations and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provision of law or by other rules or regulations or ordinance, the provision of this chapter shall control.

(Ord. No. 2011-01, § 2, 2-14-2011)

Pursuant to article XLIII of the Oklahoma Municipal Code (11 O.S. § 43-101 et seq.), the board of commissioners, as provided by such statutes, determines it to be the purposes of this chapter to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and promote a more homogeneous relationship of land use within the incorporated limits of the city; to protect property values; and to regulate the use of the land and to promote the orderly development of the community in accordance with the official plan of the city as adopted by the planning commission and approved by the city commission; and for all other accepted purposes of zoning.

(Ord. No. 2011-01, § 2, 2-14-2011)

Except as provided in this chapter, no building or parcel of land shall be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations specified in this chapter.

(Ord. No. 2011-01, § 2, 2-14-2011)

No building shall hereafter be erected or altered which will exceed the height limit nor shall any building or land be used or occupied hereafter in excess of the density regulations for that district. No building shall hereafter be erected or altered to accommodate a greater number of families than those specified for that district; no building shall be erected or altered to exceed the specification of required lot size, maximum coverage, yard requirements, height limitations, or bulk limitation for that district as defined.

(Ord. No. 2011-01, § 2, 2-14-2011)

The fire district/downtown district is that part of the city as follows:

Beginning at the intersection of Chickasaw Street and Wheeler Avenue, thence north along the center of Wheeler Avenue to the north line of the Missouri Pacific Railroad right-of-way, thence west along the north line of the right-of-way to a point where the north line of the right-of-way intersects Walnut Street extending across the Missouri Pacific right-of-way, thence south on the east side of Walnut Street to the intersection of Walnut and Chickasaw Streets, thence east on the south side of Chickasaw Street to a point where Chickasaw Street intersects Wheeler Avenue in the City of Sallisaw; the district including all of blocks 15, 16, 17, 20, 21, 22, and all the lands between Cherokee Avenue and the north line of the Missouri Pacific Railroad right-of-way in the original town site of the City of Sallisaw, Oklahoma.

(Ord. No. 2011-01, § 2, 2-14-2011)

Construction in the fire/downtown district shall require a permit and consist of those materials considered to be fire retardant as approved by the International Building Code (IBC), the current year edition thereof as adopted by the Oklahoma Uniform Building Code Commission, the International Existing Buildings Code (IEBC), the current year edition thereof as adopted by the Oklahoma Uniform Building Code Commission, and International Fire Code, the current year edition thereof as adopted by the Oklahoma Uniform Building Code Commission. For certain remodels being altered with fire rated materials meeting Level 3 of Section 505 of the International Existing Buildings Code (IEBC), the installation of an approved active electronic monitored fire warning system as approved by the fire chief or assistant fire chief, shall be installed, provided prior approval of both the fire chief or assistant fire chief and building development director of the code enforcement division of the city has been obtained. Any such approved active electronic monitored fire warning system shall be subject to routine inspection by a city code enforcement officer and/or fire officer.

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2019-03, § 1, 2-11-2019)

Editor's note— Ord. No. 2021-09, § 1, adopted August 9, 2021, repealed § 102-9 which pertained to a temporary moratorium on billboards and derived from Ord. No. 2013-04, adopted March 28, 2013.