(a)

Title. This section shall be known as the "specific use business in residential zoning ordinance."

(b)

Purpose. To permit certain low-impact, resident-operated businesses within residential districts under conditions that ensure compatibility with surrounding residential uses and maintain neighborhood integrity.

(c)

Definitions.

Home occupation means a business conducted within a dwelling unit by a resident incidental to residential use and meeting defined criteria.

Residential zone means any zoning district primarily intended for single-family, two-family, or multifamily dwelling units.

Specific use business means a business operated by the resident of the dwelling that is limited to certain activities as defined herein and subject to performance standards.

(d)

Permitted specific use businesses or uses approved by the planning commission.

Computer/technology support services.

Cottage food production (subject to state law).

Hairdresser/barber (one chair).

Home-based art/music instruction.

Massage therapy or licensed massage therapist (LMT).

Professional services (e.g. accountant, consultant, graphic designer).

Tailoring or sewing services.

Therapy or counseling (state licensed).

Tutoring or educational services.

(e)

General standards and requirements. Specific use businesses must comply with all of the following:

(1)

Residency. The business operator must reside in the dwelling and have established utilities in their name.

(2)

Ownership. Must be the legal owner of the property or have a lease agreement that allows use by the legal owner(s) of property.

(3)

Employees. No more than one non-resident employee shall be allowed.

(4)

Customer visits. Limited to no more than six client visits per day, and no more than two at any one time.

(5)

Signage. One non-illuminated, non-permanent, maximum size two square feet may be displayed on the premises.

(6)

Parking. One additional off-street parking space is required beyond existing residential requirements, two if there is a non-residential employee.

(7)

Hours of operation. 8:00 a.m. until 6:00 p.m., Monday through Saturday.

(8)

Noise and odors. Business activities must not generate detectable noise, fumes; dust, or odors beyond the property boundaries.

(9)

Structural modifications. No visible external alterations inconsistent with residential character.

(10)

Licenses. Must provide all current and valid licenses required and issued by the state and/or health department.

(f)

Permit process.

(1)

Applicants must submit a specific use business permit application to the planning commission through the community development directors office.

(2)

The director's office shall:

a.

Review the application for completeness.

b.

Request documentation necessary to review the request.

c.

Write a report of finding to the commission.

d.

Within 90 days present to planning commission for consideration of special use permit request.

(3)

The planning commission may approve or deny the request based on the report.

(4)

The planning commission may review and add requirements based on the report and proposed business use.

(5)

Permits are valid for two years if approved, renewable subject to compliance review.

(g)

Enforcement and revocation. The community development director's office may revoke a permit for:

(1)

Violation of permit conditions.

(2)

Verified complaints from neighbors.

(3)

Failure to comply with applicable codes or standards.

(h)

Appeals. Applicants or affected parties may appeal decisions made by the city planning commission to the board of city commissioners by filing a written notice of appeal within ten days of final determination with the city clerk.

(Ord. No. 2025-14, §§ 1—8, 8-11-2025)

The specific regulations of this division will apply to the A-1 agricultural district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The A-1 district is established and intended to be used primarily in those areas: (i) where urbanization is either not likely to occur, or where farm land will ultimately be converted to urban residential land; (ii) where permanent agricultural land is intended; (iii) where permanent open spaces are intended; (iv) where conversion to industrial development is ultimately likely to occur; and (v) where severe inundation has occurred or is likely to occur as determined by proper authority, all according to the official plan for the city.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following shall be permitted uses in the A-1 district:

(1)

Agricultural: Any customary agricultural use, building or structure, including nurseries, greenhouses and animal farms.

(2)

Residential: One-family detached dwellings.

(3)

Institutional: Churches, cemeteries, and crematories; schools and colleges including housing; public buildings, recreation, cultural, administrative and service uses.

(4)

Private recreation: Private noncommercial recreation area, including country clubs, riding stables, swim clubs and similar uses.

(5)

Dairies and related establishments: Dairies and related establishments for processing of milk products, not including retailing.

(6)

Disposal of garbage and refuse: Disposal of garbage and refuse, including sanitary fills, and sewage disposal by the city or their authorized agents, subject to Oklahoma Department of Environmental Quality (ODEQ) approval.

(7)

Water conservation works: Water conservation works including water supply works, flood control and watershed protection works, fish and game hatcheries and preserves.

(8)

Temporary produce stands: Temporary produce stands on any premises used for agricultural purposes.

(9)

Airports, landing fields: Airports, landing fields not including airpark subdivisions.

(10)

Commercial recreation: Commercial fishing lakes; summer camps; rifle ranges and gun clubs provided no structure is closer than 200 feet from any district.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

A special use permit may be granted to a hobby breeder applicant by the planning commission, by majority vote, 60 percent rule, and, if granted, shall be valid for use only by the owner of record. All applications shall be considered on a case by case application basis, and each application shall require public notice and hearing for determination in accordance with chapter 102, article II, division 5, of this Code.

(b)

A special use permit for the keeping of swine may be granted to a student of Sallisaw Public Schools that is currently enrolled in educational programs or groups that participate in the showing of swine. Applicant for the permit must demonstrate that swine shall be kept in a properly enclosed facility. Application must be co-signed by a parent, or legal guardian. The number of swine kept shall be limited to two. The special use permit may be granted by the planning commission, by majority vote, 60 percent rule, and, if granted shall be valid for use only by the applicant of record. All applications shall be considered on a case by case application basis, and each application shall require public notice and hearing for determination in accordance with chapter 102, article II, division 5, of this Code. Permit shall expire once the student graduates or ceases participation in the educational programs or groups.

(c)

The following minimum requirements for pens shall apply to the special use permit in accordance with Ordinance No. 2022-13. Application shall be approved prior to the construction of pens and housing of swine. Construction shall not begin prior to approval of application.

TABLE 102-223.1(c)

(1)

The pen shall be located as not to create a nuisance to adjacent property owners.

(2)

If outside, the pen shall have a means for the animal to get out of inclement weather.

(3)

Pens shall be kept clean of feces and urine as not to create odors to the surrounding area.

(4)

Used straw and wood shavings shall be disposed of properly. Daily cleaning is recommended.

(5)

Failure to meet the recommended requirements shall constitute revocation of the special use permit.

(6)

The pen is subject to yearly inspection by the animal control officer.

(7)

The breeding of swine is strictly prohibited.

(8)

See chapter 10, animals, for further yard and use restrictions.

(Ord. No. 2011-24, § 2, 11-14-2011; Ord. No. 2022-11, § 1, 10-10-2022; Ord. No. 2022-13, § 1, 11-14-2022; Ord. No. 2022-16, § 2, 12-12-2022)

(a)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on any parcel of land the A-1 district.

TABLE 102-224

(b)

The side yard for corner lots in the A-1 district shall be a minimum of 50 feet on all interior intersections, commercial, collector and residential streets. Where adjacent to a major intersection and section line roads a primary or secondary thoroughfare the minimum shall be 65 feet. An expressway, bi-pass, state highway or interstate shall be 80 feet.

(c)

See chapter 10, animals, for further yard and use requirements.

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2022-16, § 1, 12-12-2022)

No dwelling or structure in the A-1 district shall be constructed with a height in excess of 35 feet.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any use not expressly authorized in this division for the A-1 district shall be prohibited except as approved by the board of adjustment.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in an A-1 district shall be constructed that is not provided with an effective connection to a public sewerage system unless and until the office of building development ensures that a certified septic tank installer has provided documentation for an adequate septic tank or any substitute disposal system to be installed on the lot that meets the requirements of the current adopted International Private Sewage Disposal Code.

(Ord. No. 2011-01, § 2, 2-14-2011)

The specific regulations of this division will apply to the A-2 urban residential district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The A-2 district is established and intended to be used primarily in those areas: where urbanization is likely to occur and will ultimately be converted to residential land for single-family development in accordance with the official plan for the city.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Residential: One-family detached dwellings.

(b)

Family estate development: Multiple one-family dwellings of the same family established on a common tract of land.

(c)

Institutional uses permitted: Churches, schools, colleges; including housing; public buildings, recreation facilities, cultural, administrative and service uses.

(d)

Golf courses.

(Ord. No. 2011-01, § 2, 2-14-2011)

A special use permit may be granted to a hobby breeder applicant by the planning commission, by majority vote, 60 percent rule, and, if granted, shall be valid for use only by the owner of record. All applications shall be considered on a case by case application basis, and each application shall require public notice and hearing for determination in accordance with chapter 102, article II, division 5, of the Sallisaw Code of Ordinances.

(Ord. No. 2011-24, § 3, 11-14-2011)

(a)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on any parcel of land the A-2 district.

TABLE 102-231

(b)

The side yard for corner lots in the A-2 district will be a minimum of 35 feet on interior intersections and 50 feet where adjacent to a major intersection.

(c)

The side yard of institutional uses when adjacent or abutting an R district, M district or any other residential uses shall be 75 feet on each abutting side yard. All other side yards apply when not abutting

(d)

See chapter 10, animals, for further yard and use requirements.

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2022-16, § 1, 12-12-2022)

No dwelling or structure in the A-2 district shall be constructed with a height in excess of 35 feet.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the A-2 district, no dwelling or structure or combination of structures shall cover more than 50 percent of the affected property.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any use not expressly authorized in this division for the A-2 district shall be prohibited except as approved by the board of adjustment.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in an A-2 district shall be constructed that is not provided with an effective connection to a public sewerage system unless and until the office of building development ensures that a certified septic tank installer has provided documentation for an adequate septic tank or any substitute disposal system to be installed on the lot that meets the requirements of the current adopted International Private Sewage Disposal Code and ODEQ Regulations.

(Ord. No. 2011-01, § 2, 2-14-2011)

The specific regulations of this division will apply to the R-1 one-family residence district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The R-1 one-family residence district is established as a district in which the use of land is for single-family dwellings except as noted. It is the purpose and intent of the R-1 district to promote the development of and the continued use of the land for single-family dwelling and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent of the R-1 district is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. The R-1 district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district was not developed solely for single-family dwellings.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

The following shall be permitted uses in the R-1 district:

(1)

Single-family detached dwellings.

(2)

Golf courses (not including miniature or par three commercial courses).

(3)

Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.

(4)

Playgrounds, public.

(5)

Elementary schools, public and private.

(6)

Agricultural uses of the garden type that is intended for personal use.

(b)

The following uses are permitted when they abut and have their main access on a major thoroughfare, secondary thoroughfare or commercial street and provide a minimum yard on all sides of 100 feet where abutting residential uses:

(1)

Arboretum or botanical garden.

(2)

Churches, convents and monasteries.

(3)

Fire and public stations.

(4)

Libraries (public).

(5)

Schools, both public and private.

(6)

Charitable, philanthropic or eleemosynary uses or institutions.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon compliance with Sallisaw City Ordinance and the provisions as set forth in this division, the following are approved conditional uses.

(1)

Small family child care homes in accordance with section 22-205.

(2)

Large family child care homes in accordance with section 22-205.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling or use shall be constructed or commenced in the R-1 district which does not conform to the following minimum requirements for lot size:

*The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be less than the required 70 feet at the front property line as long as the minimum frontage is met at the front building line.

(Ord. No. 2011-01, § 2, 2-14-2011)

The maximum coverage of any lot in the R-1 district shall not exceed the following:

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the R-1 district:

(b)

The side yard for corner lots in the R-1 district will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street or section lines.

(c)

A minimum of ten feet of depth or 25% of the required front yard setback, whichever the greater, shall remain as designated green space.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling in the R-1 district shall be constructed with a height in excess of 35 feet from the mean lot elevation nor will it exceed 2½ stories unless construction documents from a design professional are provided.

(Ord. No. 2011-01, § 2, 2-14-2011)

Except as provided for elsewhere in this chapter all permitted uses in the R-1 residence district shall comply with the following minimum requirements for off-street parking: All parking surfaces shall be an approved impervious surface.

(1)

Single-family dwellings: Two off-street parking spaces for each dwelling unit.

(2)

Schools, elementary schools, intermediate and senior high schools, including private and parochial schools: One off-street parking space for each regular employee plus one for each classroom, plus one for each 50 square feet of assembly area with stationary or movable seats.

(3)

Other uses permitted in section 102-253: One off-street parking space for each five seats provided for patron use, or one space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons, or clients, whichever requires the greatest number of parking spaces. The open space required by front yard requirement shall not be used for parking.

(4)

Utilities service installation: One off-street parking space for each 400 square feet of floor space.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in an R-1 district shall be constructed that is not provided with an effective connection to a public sewer system unless and until the office of building development ensures that a certified septic tank installer has provided documentation for a septic system that meets the requirements of the current adopted International Private Sewage Disposal Code and ODEQ.

(Ord. No. 2011-01, § 2, 2-14-2011)

No signs, billboards, posters, bulletin boards or other similar matter shall be permitted in the R-1 residence district except as permitted in the Sallisaw Sign Code of Ordinance or permitted as follows:

(1)

Temporary signs not to exceed the duration of six months to advertise the premises for sale, rent or lease, except original sale.

(2)

Official public notices may be erected on affected property.

(3)

One non-illuminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner, occupant or address of the premises.

(Ord. No. 2011-01, § 2, 2-14-2011)

The specific regulations of this division shall apply to the R-2 residence district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The R-2 one-family and two-family residence district is designed specifically to provide an area for single-family and two-family housing. The development and continued use of this land for residential dwellings is encouraged and the encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of the R-2 district as residential is prohibited. This division also discourages any use which would generate traffic or create congestion on neighborhood streets other than normal traffic which serves the residences on the street. This division also encourages only those uses which, because of character or size, would not create additional requirements and costs if the R-2 district were developed solely for residential dwellings.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following shall be permitted uses in the R-2 district:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon compliance with Sallisaw City Ordinance and the provisions as set forth in this division, the following are approved conditional uses.

(1)

Small family child care homes in accordance with section 22-205.

(2)

Large family child care homes in accordance with section 22-205.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling or use shall be constructed or commenced in the R-2 district which does not conform with the following minimum requirements for lot size:

*The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be less than the required 60 feet at the front property line as long as the minimum frontage is met at the front building line.

(Ord. No. 2011-01, § 2, 2-14-2011)

The maximum coverage of any lot in the R-2 district shall not exceed 50 percent of the lot area for uses other than single-family or two-family.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the R-2 district:

(1)

The side yard for corner lots in the R-2 district will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street or section lines.

(2)

A minimum of ten feet of depth or 25 percent of the required front yard setback, whichever the greater, shall remain as designated green space.

** The side yard for corner lots will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling in the R-2 district shall be constructed with a height in excess of 35 feet from the mean lot elevation nor will it exceed 2½ stories.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the R-2 residence district, the off-street parking requirements are the same as those in section 102-258, for the R-1 district for one-family dwellings. Two-family dwellings shall be paved with four inches of concrete of four inches of asphalt over a four-inch compacted base. All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in an R-2 district shall be constructed that is not provided with an effective connection to a public sewerage system unless and until the office of building development ensures that a certified septic tank installer has provided documentation for an adequate septic tank or any substitute disposal system to be installed on the lot that meets the requirements of the current adopted International Private Sewage Disposal Code.

(Ord. No. 2011-01, § 2, 2-14-2011)

No signs, billboards, posters, bulletin boards or other similar matter shall be permitted in the R-2 residence district except as permitted in the Sallisaw Sign Code of Ordinance or permitted as follows:

(1)

Temporary signs not to exceed the duration of six months to advertise the premises for sale, rent or lease, except original sale.

(2)

Official public notices may be erected on affected property.

(3)

One non-illuminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner, occupant or address of the premises.

(Ord. No. 2011-01, § 2, 2-14-2011)

The specific regulations of this division will apply to the R-3 residence district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The R-3 residence district is established as a district in which the principal uses of the land are for multifamily dwellings. It is the intent of this division to encourage the development and the continued use of the land for multifamily dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multifamily dwellings in this district. It is further intended that this division shall discourage any use which would because of its characteristics or size, create additional requirements and costs for public service which are in excess of such requirements and costs if the district were developed solely for multifamily or other similar residential uses.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the R-3 residence district, structures may be used, altered, enlarged, or erected for the uses listed in section 102-253 with the addition of a multifamily dwelling unit.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon compliance with Sallisaw City Ordinance and the provisions as set forth in this division, the following are approved conditional uses.

(1)

Small family child care homes in accordance with section 22-205.

(2)

Large family child care homes in accordance with section 22-205.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling structure or use shall be constructed or commenced in the R-3 district which does not conform to the following minimum requirements for lot size:

* Plus an additional 2,000 square feet for each unit over two.

** If the lot is a wedge-shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the minimum front footage is met at the building line.

(Ord. No. 2011-01, § 2, 2-14-2011)

The maximum coverage of any lot in the R-3 district shall not exceed 50 percent of the total lot area.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the R-3 district:

* 30 feet minimum side yard when adjacent to a major highway or interstate.

** One foot of side yard for each foot of height over two stories.

(b)

The side yard for corner lots in the R-3 district will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major intersection.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the R-3 residence district, the off-street parking requirements are the same as those in section 102-258 for the R-1 district, with the addition of the following provision for off-street parking in the multifamily residence district: All parking surfaces shall be an approved impervious surface.

(1)

Multifamily dwellings: 1.5 off-street parking spaces for each dwelling unit.

(2)

The off-street parking area shall be paved with six inches of concrete or two inches of asphalt over a four-inch compacted base, all in accordance with specifications adopted by the city manager for buildings with two or more dwelling units.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in an R-3 district shall be constructed that is not provided with an effective connection to a public sewerage system unless and until the office of building development ensures that a certified septic tank installer has provided documentation for an adequate septic tank or any substitute disposal system be installed on the lot that meets the requirements of the current adopted International Private Sewage Disposal Code.

(Ord. No. 2011-01, § 2, 2-14-2011)

The control of signs and billboards in the R-3 residence district is the same as that in section 102-260 for the R-1 residential district.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon compliance with Sallisaw City Ordinance and the provisions as set forth in this division, the following are approved conditional uses.

(1)

Small family child care homes in accordance with section 22-205.

(2)

Large family child care homes in accordance with section 22-205.

(Ord. No. 2011-01, § 2, 2-14-2011)

It is the purpose of the C-1 district to accommodate business, professional, management and other similar offices in the city.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses are permitted in the C-1 district subject to the provisions of this section:

(1)

Administrative offices of public and semipublic, civic, religious, philanthropic organizations.

(2)

Professional offices.

(3)

Any single-occupancy office building of research organization except industrial research and laboratories.

(4)

Multi-occupancy office building of any kind but excluding those uses where merchandise is shown for sale on the premises.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon application and approval by the board of adjustments and in compliance with Sallisaw City Ordinance provisions as set forth in this division, the following are approved conditional uses.

(1)

Vertical mixed use residential.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses shall be permitted in the C-1 district only if specifically authorized by the planning commission after public hearing and notice is provided: Selected business and personal services essential or desirable as complimentary uses to the principal uses permitted as of right, such as medical or dental laboratories; office equipment services, etc.; provided such uses shall have no exterior entrances, display and advertising.

(Ord. No. 2011-01, § 2, 2-14-2011)

No building or structure in the C-1 district may occupy more than 30 percent of the lot area.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

In the C-1 district there shall be provided a minimum front setback of 35 feet or one foot of setback for each one foot of building height whichever is greater.

(b)

There shall be provided a minimum side yard setback of two feet for each one foot of building height when adjacent to an R district and one foot for each one foot of building height in all other instances; provided, however, that the side yard for corner lots in the C-1 district will be a minimum of 20 feet on interior intersections and 35 feet where adjacent to a major intersection.

(c)

There shall be provided a minimum rear yard of 20 percent of the lot depth for the C-1 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

There are no height requirements in the C-1 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in the C-1 district may be erected or allowed to continue after the effective date of the ordinance from which this chapter is derived that does not have an effective connection to the public sewer system if available.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-1 district the control of signs and billboards are the same as that in section 102-409.

(Ord. No. 2011-01, § 2, 2-14-2011)

There shall be provided a minimum of two square feet of off-street parking for each one square foot of building floor area inclusive of all stories. Parking and automobile maneuvering must be provided as detailed in Chart 102-407.1. In the C-1 district there must also be provided one off-street loading space for each 5,000 square feet of lot coverage. All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

It is the purpose of the C-2 district to establish and maintain areas of the city for the retail sale of convenience goods and household services adjacent to the R or M districts.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses are permitted in the C-2 district subject to the various provisions of this section:

(1)

Retail and personal services:

Apparel stores, including furriers, hosiery sales and other specialties.

Bakeries, including baking on the premises.

Barbershops.

Beauty parlors.

Bookstores.

Camera and photo supply shops.

Cleaning, dyeing and laundry pickup stations.

Cosmetic shops.

Costume and formal attire rentals.

Custom tailors and weavers.

Dairy products sales.

Delicatessen stores.

Drugstores.

Dry goods.

Florists.

Fruit and vegetable markets.

Gift shops.

Groceries.

Hardware stores, including incidental repair services.

Health food stores.

Hearing aids, sales and service.

Hobby shops and handicrafts.

Jewelry, art metal craft and watch repair shops.

Key shops and locksmith repairs.

Laundry and dry cleaning self-service or coin-operated stations.

Leather goods, sales and repair.

Liquor package sale.

Magazine and newsstands.

Meat markets and butcher shops.

Millinery shops.

Paint store and art supplies.

Picture framing.

Radio, television and phonographs, sales and services.

Reading rooms.

Record shops.

Reducing salons and gymnasiums.

Shoe sales and repair, shoe shine stands.

Sportswear.

Stamp and coin stores.

Stationery stores.

Tobacco shops.

Toy shops.

Variety stores.

(2)

Eating and drinking places: Bars, clubs and restaurants, subject to all applicable regulations and such permits and licenses as may be required by law and city ordinance.

(3)

Other uses: Any other retail business essential service, or service use which is determined by the board of adjustment to be of the same general character as the permitted uses in this section, but not including any use which is first permitted in the C-3 district, or which is prohibited in the C-3 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses shall be permitted in the C-2 district only if specifically authorized by the planning commission after public hearing and notice.

(1)

Storage facilities such as frozen food lockers and icehouses not to exceed five tons of storage capacity.

(2)

Outdoor advertising: refer to chapter 19; Signs and billboards.

(3)

Hotels and motels of any kind.

(4)

Automobile service station.

(5)

Commercial recreation such as bowling alleys, nightclubs, theaters and other assembly halls, subject to all applicable regulations and such permits and licenses as may be required by law provided the maximum seating capacity of any place of public assembly shall not exceed 1,000.

(6)

Vertical mixed use residential.

(Ord. No. 2011-01, § 2, 2-14-2011)

Accessory uses and structures customarily incidental to any of the foregoing permitted C-2 district uses.

(Ord. No. 2011-01, § 2, 2-14-2011)

All uses shall be prohibited in the C-2 district which is not expressly authorized by this division.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following are required conditions in the C-2 district:

(1)

Business in enclosed buildings. All businesses, service or processing shall be conducted wholly within a completely enclosed building except for the sale of automotive fuel, lubricants and fluids at service stations, and such outdoor display or storage of vehicles, materials, and equipment as specifically authorized. The premises, all buildings and accessory structures, including walls, fences and other enclosures shall be kept in sightly and proper condition and repair.

(2)

Production for sale at retail. All products produced on the premises whether primary or incidental shall be sold at retail primarily on the premises where produced.

(3)

Use must be non-objectionable. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water carried waste.

(4)

New merchandise. Goods for sale shall consist primarily of new merchandise, except bona fide antiques, and secondhand merchandise shall be prohibited.

(Ord. No. 2011-01, § 2, 2-14-2011)

No building or structure in the C-2 district shall exceed 35 feet in height.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-2 district the following minimum lot coverage and yard requirements shall apply:

(1)

No building or structure may occupy more than 25 percent of the lot area.

(2)

A front yard of 50 feet shall be provided.

(3)

No side yard is required except that when adjacent to an R-1, R-2, or R-3 district a side yard of two feet for each one foot of building height shall be provided; provided, however, that the side yard for corner lots will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major intersection.

(4)

A rear yard of 20 feet shall be provided.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in the C-2 district may be erected or allowed to continue after the effective date of the ordinance from which this chapter is derived that does not have an effective connection to the public sewer system if available.

(Ord. No. 2011-01, § 2, 2-14-2011)

All signs in the C-2 district shall conform to the requirements for signs in section 102-409.

(Ord. No. 2011-01, § 2, 2-14-2011)

There shall be provided a minimum of four square feet of off-street parking for each one square foot of building floor area in the C-2 district inclusive of all stories. Parking and automobile maneuvering must be provided as detailed in Chart 102-407.1. In the C-2 district there must also be provided one off-street loading space for each 5,000 square feet of lot coverage. All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

In no instance will the total floor space of the structures in the C-2 district exceed the relationship of two to one; that is, there must be provided two square feet of open space to each one square foot of total floor space including all floors in the structures.

(Ord. No. 2011-01, § 2, 2-14-2011)

The C-3 general commercial district is established as a district in the city to accommodate a wide variety of commercial uses in built up areas of mixed business enterprises.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following shall be permitted uses in the C-3 district:

Animal hospitals, veterinary clinics, etcetera.

Automotive sales and display: Sale, rental, display of self-propelled and other vehicles of any kind, including automobiles, trucks, buses, motorcycles, bicycles, trailers, airplanes, tractors and boats.

Automotive service and repair: Automotive service and repair garages of any kind, including engine and transmission shops, body and fender shops, electric and battery shops, tire repair and glass shops, auto upholstery shops, service stations and car-wash establishments, but expressly excluding auto wrecking yards and salvage operations.

Automobile service stations.

Building and related trades: Carpenter shops, air conditioning, plumbing and heating shops, wall paper and paper hanging shops, paint shops, furniture upholstering.

Caterers.

Sanitariums, convalescent homes, children's home, extended care facility for seniors citizens (Non-long term medical care).

Eating and drinking establishments: Drive-in eating and drinking places, refreshment stands, summer gardens and roadhouses; provided the principal building is distant not less than 50 feet from any R district; and provided that the premises shall be enclosed by a solid wall or fence at least six feet high where it abuts, in the rear or on the sides, any R district, public park, school or church.

Farm implements.

Funeral homes and mortuaries.

Garden supply and nursery stock stores.

Household goods and appliance repair shops, exterminators, venetian blinds and awning shops.

Household services: Laundry, dyeing and dry cleaning establishments, provided no building accommodating any such use shall have any heating or power plant, ventilating device or other opening, except stationary windows and required fire exits, within 50 feet of any R district.

Miscellaneous trades and business services: Sheet metal shops, sign painting shops, monument service shops.

Motels and motor hotels.

Printing and related trades: Publishing, job printing, lithographing, blue printing, book binding.

Retail and personal services.

Other uses: Any other use which is determined by the board of adjustment to be of the same general character as the permitted uses in this section, but not including any use which is first permitted in C-4 district, or which is prohibited in the C-4 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon application and approval by the board of adjustments and in compliance with Sallisaw City Ordinance provisions as set forth in this division, the following are approved conditional uses.

(1)

Vertical mixed use residential.

(Ord. No. 2011-01, § 2, 2-14-2011)

There are no requirements for minimum lot size in the C-3 general commercial district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The maximum coverage in the C-3 district shall be 70 percent.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-3 district there shall be provided a minimum front yard setback of one foot for each one foot of building height or 50 feet, whichever is greater; and there shall be provided a minimum side yard setback of one foot for each one foot of building height; and there shall be provided a minimum rear yard of 20 feet. The side yard for corner lots in the C-3 district will be a minimum of 25 feet on interior intersections and 40 feet where adjacent to a major street, section line road or highway. Other provisions in this section to the contrary notwithstanding, in Blocks 15, 16, 17, 20, 21, 22, 38 and 39 Original Town of Sallisaw, there shall be no minimum front yard setback, side yard setback, or rear yard setback.

(Ord. No. 2011-01, § 2, 2-14-2011)

There is no height limit in the C-3 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-3 district, parking and automobile maneuvering must be provided as detailed in Chart 102-408.1. In the C-3 district there must also be provided one off-street loading space for each 5,000 square feet of lot coverage. All parking surfaces shall be an approved impervious surface.

Table 102-408.1

(Ord. No. 2011-01, § 2, 2-14-2011)

In no instance will the total floor space of the structures in the C-3 district exceed the relationship of one to four; that is, there must be provided four square feet of open space to each one square foot of total floor space including all floors in the structures.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure in the C-3 district may be erected or allowed to continue after the effective date of the ordinance from which this chapter is derived that does not have an effective connection to the public sewer system.

(Ord. No. 2011-01, § 2, 2-14-2011)

All signs in the C-3 district shall be erected upon private property and shall not encroach upon any public street or walk except as provided by the applicable codes of the city and then they shall not overhang at a height of less than nine feet and shall not have a maximum projection greater than 72 inches. All other requirements refer to chapter 19; Signs and billboards.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

With the approval of the planning commission the following uses will be permitted in the C-3 district subject to the restrictions as specified in this section.

Broadcasting studios.

Lumberyards (retail only).

Pool halls or billiard parlors.

Skating rinks.

(b)

The uses set out in subsection (a) of this section must show that adequate controls or measures will be taken to prevent offensive noise, light, vibration, odor or any other objectionable influence beyond the property line.

(c)

A special use permit may be granted to a commercial breeder applicant by the planning commission, by majority vote, 60 percent rule, and, if granted, shall be valid for use only by the owner of record. All applications shall be considered on a case by case application basis, and each application shall require public notice and hearing for determination in accordance with chapter 102, article II, division 5, of the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2011-24, § 4, 11-14-2011)

The purpose of the C-4 local and through highway commercial and commercial recreation district is to provide a common location which caters mainly to through traffic which requires conveniently grouped rest and refreshment, auto maintenance and lodging stops. It is the intent to group these businesses not only for convenience purposes but because highway businesses are inclined to be brightly lighted. It is further intended that the C-4 district provide an area along highways and major traffic thoroughfares which has lots large enough to meet the needs of drive-ins and other highway uses that require large lots with low building coverage, in order to lessen the friction with surrounding uses and to obtain better business advertising through groupings.

(Ord. No. 2011-01, § 2, 2-14-2011)

All those permitted uses in the C-3 district which are not expressly permitted in the C-4 district.

All building or uses hereafter established or enlarged in the C-4 district shall comply with the following conditions and restrictions:

Amusement establishments, including archery ranges, shooting galleries, and other amusement facilities.

Amusement parks, including permanent carnivals.

Animal hospitals, kennels and pounds, provided that such uses are located not less than 150 feet from the boundary line of any residential district.

Any type of commercial recreation including ball parks or fields, skating rinks, swimming pools, golf, driving ranges, "pitch and putt" miniature golf and par three courses and other similar open air facilities.

Appliance and furniture sales and service.

Auto laundries.

Automotive sales and repair.

Boat showrooms.

Building material offices and sales.

Sanitariums, convalescent homes, children's home, senior extended care facility (Non-long term medical care).

Discount department stores.

Gasoline filling stations.

Greenhouses.

Implement sales and service provided that all yard requirements shall be applicable irrespective of conditions stated in section 102-435 and that no outside sales shall be permitted that encroach upon the yards as established.

Mobile home sales.

Motels and hotels.

Outdoor theaters.

Restaurants, including drive-ins.

Retail stores providing services to and related to highway and travel.

(Ord. No. 2011-01, § 2, 2-14-2011)

A special use permit may be granted to a commercial breeder applicant by the planning commission, by majority vote, 60 percent rule, and, if granted, shall be valid for use only by the owner of record. All applications shall be considered on a case by case application basis, and each application shall require public notice and hearing for determination in accordance with chapter 102, article II, division 5, of the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon compliance with Sallisaw City Ordinance and the provisions as set forth in this division, the following are approved conditional uses:

(1)

Vertical mixed use residential.

(Ord. No. 2011-01, § 2, 2-14-2011)

Minimum lot frontage shall be 100 feet in the C-4 district. Other provisions of height, bulk and off-street parking in this division shall govern.

(Ord. No. 2011-01, § 2, 2-14-2011)

The provisions of height, bulk and off-street parking in this division shall govern.

(Ord. No. 2011-01, § 2, 2-14-2011)

There shall be provided a minimum front yard of 50 feet in the C-4 district. There shall be provided a side yard of two feet for each one foot of building height when abutting residential property. There is no requirement for side yards when not abutting residential property. A rear yard of 20 feet shall be provided; provided, however, that the side yard for corner lots will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-4 district, no buildings, signs, or structures or portion thereof, shall exceed a height of 50 feet from mean lot elevation, nor will it exceed three stories.

(Ord. No. 2011-01, § 2, 2-14-2011)

In no instance will the total floor space of the structures in the C-4 district exceed the relationship of one to four; that is, there must be provided four square feet of open space to each one square foot of total floor space including all floors in the structures.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-4 district, three square feet of space dedicated to parking and automobile maneuvering must be provided for each one square foot of floor space. In the C-4 district there must also be provided one off-street loading space for each 1,000 square feet of floor space. All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

No structure or use in the C-4 district shall be erected, commenced or allowed to continue which does not have a connection to the public sewerage system.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the C-4 district, the control of signs and billboards are the same as that in section 102-409 for the C-3 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

The uses in the C-4 district shall be permanently screened from all R districts by a solid fence, of minimum height of six feet or by plant material providing visual obstruction. The planning commission may waive the requirement for a screening enclosure or screening area, if equivalent screening is provided by topography or other natural conditions.

(b)

Any permitted use in the C-4 district shall not be noxious or offensive by reason of the emission of odor, dust, smoke, gas, vibration, noise, or other similar causes beyond the property line which contains the use.

(Ord. No. 2011-01, § 2, 2-14-2011)

The I-1 industrial district is designed to accommodate those establishments which are engaged in manufacturing, wholesaling, distribution, or outside storage which can readily control any objectionable feature which may otherwise result from the processes engaged in on the site by the installation of appropriate abatement devices.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses are permitted in the I-1 district subject to the various provisions of this section:

(1)

Manufacturing and processing: Except for those uses and processes described in this section and prohibited in this district the manufacturing, compounding, processing, packaging and assembling of the following products:

Apparel, and finished fabric products manufacture. Beer, wine, or other beverage wholesale.

Drugs, chemicals and allied products.

Dry goods and apparel, wholesale.

Electrical goods, wholesale.

Food products, wholesale.

Furniture manufacturing.

Furniture, storage and wholesale.

Grain elevators.

Hardware, heating and plumbing supplies, wholesale.

Instrument and meter manufacturing.

Laboratory and cleaning plants.

Local trucking and storage.

Lumber and construction material, wholesale and retail.

Optical instruments and equipment manufacturing.

Paper and paper products, wholesale.

Refrigerated warehousing.

Sporting goods manufacture.

(2)

Other uses: Any other use which is determined by the board of adjustment to be of the same general character as the permitted uses in subsection (1) of this section not including any use which is prohibited in this division.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following uses shall be permitted in the I-1 district only if specifically authorized by the planning commission after public hearing and notice:

Automobile truck and trailer body repair.

Bakers and baked goods manufacturing.

Boat building and repair.

Confectionery and related products.

Dairy products manufacturing.

Drugs manufacturing.

Drying and finishing textile.

Fabric mills.

Glass manufacturing.

Junkyards.

Machinery manufacturing.

Miscellaneous textile goods manufacturing.

Miscellaneous transportation equipment manufacturing.

Motor freight terminals and maintenance facilities.

Petroleum bulk storage and distribution facilities.

Plastic products manufacturing.

Quick freeze plant.

Railroad equipment manufacturing.

Tanks and tank components.

(Ord. No. 2011-01, § 2, 2-14-2011)

Accessory uses and structures customarily incidental to any of the permitted uses in the I-1 district set out in section 102-462, including essential services are considered permitted uses.

(Ord. No. 2011-01, § 2, 2-14-2011)

All uses permitted in the I-1 district shall not emit beyond the property lines of the site on which the use is located, any dust, smoke, cinders, gas, fumes, noise, vibrations, refuse matters, or water carried waste.

(Ord. No. 2011-01, § 2, 2-14-2011)

Dwellings and residences of any kind, mobile home parks, schools, hospitals, clinics, and other institutions for human care except where they are incidental to a permitted use shall be prohibited uses in the I-1 district; provided, however, that any of the uses legally existing in the I-1 district at the time of adoption of the ordinance from which this chapter is derived or any amendment thereto shall not be classified as a nonconforming use.

(Ord. No. 2011-01, § 2, 2-14-2011)

There are no height regulations in the I-1 district.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following minimum lot coverage and yard requirements shall apply in the I-1 district:

(1)

No building or structure may occupy more than 40 percent of the lot area.

(2)

A front yard of 50 feet shall be provided.

(3)

A side yard of 20 feet shall be provided except that which is adjacent to an R-1, R-2, R-3, M-1, M-2 district and A-1, A-2 district utilized for residential purposes. A side yard of 100 feet shall be provided. The side yard for corner lots will be a minimum of 35 feet on interior intersections and 50 feet where adjacent to a major street.

(4)

A rear yard of 20 feet shall be provided except when adjacent to an R-1, R-2 or R-3, M-1, M-2 district and A-1, A-2 districts where a rear yard of 100 feet shall be provided.

(Ord. No. 2011-01, § 2, 2-14-2011)

One off-street parking space shall be provided for each 1,000 square feet of gross floor area of structures permitted in the I-1 district. There must also be one off-street loading space for each 10,000 square feet of gross floor area in the I-1 district. All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

The purpose of the M-1 zone is to establish the standards and criteria by which manufactured/mobile home subdivisions shall be sited and developed within the city. These standards are necessary to ensure the uniform, coordinated development of the community and to assure the general health, welfare and safety of the occupants of the manufactured/mobile homes that are located within a subdivision developed under these standards.

(Ord. No. 2011-01, § 2, 2-14-2011)

As used in this division:

Job trailer means a structure, transportable in one or more sections, which in the traveling mode, is ten body feet or less in width or 40 body feet or less in length, or, is 320 square feet or less, and which is built on a permanent chassis and designed to be used as a mobile office or temporary office for the purpose of job site operations, to include restroom facilities, equipment storage, management offices and/or break facilities.

Manufactured/mobile home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 30 body feet or more in length, or, when erected on-site, is 300 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on-site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.

Manufactured/mobile home subdivision means two or more manufactured/mobile homes on separate lots developed under the provisions of mobile homes that are permanently installed for residential use on individually owned lots.

Mobile home park means a tract of land under single ownership or control upon which two or more mobile homes occupied as dwellings may be located.

Modular home means a structure, transportable in one or more sections, which is built and designed specifically for use with a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "modular home" is not intended to mean park trailers, travel trailers, mobile homes and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "modular home" does not include park trailers, travel trailers, manufactured/mobile homes and other similar vehicles.

Recreational vehicle also included in this definition are: RV, motor coach, travel coach or motor home which are portable, temporary dwellings to be used for travel, recreation, camping and vacation. The construction is an integral part of a self-propelled vehicle and not intended for permanent residential use or setup.

RV park means a tract of land under single ownership or control upon which two or more recreational vehicles are parked overnight, daily, weekly or monthly but are not intended for permanent residential use or setup.

Travel trailer means a portable structure built on a chassis, collapsible or rigid wall in nature, mobile by means of a primary vehicle as the source of travel. Used as a temporary dwelling for travel or camping, not intended for permanent residential use or setup, and having a body that does not exceed eight feet in width and 32 feet in length.

(Ord. No. 2011-01, § 2, 2-14-2011)

All applicants must submit an application for development. The information contained therein shall be the same as for preliminary and final platting as required by the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Approval of a binding site plan shall be required.

(b)

All mobile home subdivisions shall be processed in the manner set forth in the subdivision regulations of the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following minimum criteria apply to the siting of a manufactured home subdivision.

(1)

Minimum site development area: two acres.

(2)

Minimum perimeter buffer: a six-foot privacy fence or six-foot natural landscape buffer.

(3)

Minimum unit site area: six thousand square feet.

(4)

Maximum density: six units per acre.

(5)

Unit type: single, double or triple wide configuration.

(6)

Single and double wide lots shall be a minimum of 50 feet.

(7)

Double wide in excess of 30 feet, lots shall be a minimum of 60 feet.

(8)

Triple wide lots shall be a minimum of 70 feet.

(9)

Triple wide in excess of 50 feet, lots shall be a minimum of 80 feet.

(10)

All manufactured/mobile homes shall have a front/street facing door.

(11)

Both side yards set-backs shall be a minimum of ten feet.

(12)

Front yard set-back shall be a minimum of 25 feet.

(13)

Rear yards shall be a minimum of 15 feet.

(Ord. No. 2011-01, § 2, 2-14-2011)

The M-1 Zone shall permit manufactured/mobile homes for single-family use only.

(Ord. No. 2011-01, § 2, 2-14-2011)

Shall be one single-family mobile home per lot as established in section 102-474, Siting criteria.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Two off-street parking spaces shall be required in the M-1 zone per single-family home. All parking surfaces shall be an approved impervious surface.

(b)

The off-street parking area shall be paved or concrete in accordance with the International Residential Code and ACI 318.

(Ord. No. 2011-01, § 2, 2-14-2011)

No dwelling in the M-1 district shall be established which is not provided with an effective connection to a public sewerage system unless and until the Oklahoma Department of Environmental Quality (ODEQ) certifies that a septic system or other approved system can be satisfactorily established. Upon establishment of a public sewer, the dwelling shall be connected to the public sewer.

(Ord. No. 2011-01, § 2, 2-14-2011)

The purpose of the M-2 Zone is to establish the standards and criteria by which manufactured/mobile home parks and RV parks shall be sited and developed within the city. These standards are necessary to ensure the uniform, coordinated development of the community and to assure the general health, welfare and safety of the occupants of the mobile homes that are located within a subdivision or park developed under these standards.

(Ord. No. 2011-01, § 2, 2-14-2011)

As used in this division:

Job trailer means a structure, transportable in one or more sections, which in the traveling mode, is ten body feet or less in width or 40 body feet or less in length, or, is 320 square feet or less, and which is built on a permanent chassis and designed to be used as a mobile office or temporary office for the purpose of job site operations, to include restroom facilities, equipment storage, management offices and or break facilities.

Manufactured/mobile home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 30 body feet or more in length, or, when erected on-site, is 300 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on-site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.

Manufactured/mobile home park means a tract of land under single ownership or control upon which two or more mobile homes occupied as single-family dwellings may be located.

Manufactured/mobile home subdivision means two or more mobile homes on separate lots developed under the provisions of mobile homes that are permanently installed for residential use on individually owned lots.

Modular home means a structure, transportable in one or more sections, which is built and designed specifically for use with a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "modular home" is not intended to mean park trailers, travel trailers, mobile homes and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "modular home" does not include park trailers, travel trailers, mobile homes and other similar vehicles.

Recreational vehicle also include in this definition are: RV, motor coach, travel coach or motor home which are portable, temporary dwellings to be used for travel, recreation, camping and vacation. The construction is an integral part of a self-propelled vehicle and not intended for permanent residential use or setup.

RV park means a tract of land under single ownership or control upon which two or more recreational vehicles are parked overnight, daily, weekly or monthly but are not intended for permanent residential use or setup.

Travel trailer means a portable structure built on a chassis, collapsible or rigid wall in nature, mobile by means of a primary vehicle as the source of travel. Used as a temporary dwelling for travel or camping, not intended for permanent residential use or setup, and having a body that does not exceed eight feet in width and 32 feet in length.

(Ord. No. 2011-01, § 2, 2-14-2011)

All applicants must submit an application for development. The information contained therein shall be the same as for preliminary and final platting as required by the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Approval of a binding site plan shall be required.

(b)

All manufactured/mobile home parks and RV parks shall be processed in the manner set forth in the subdivision regulations of the Sallisaw Code of Ordinances.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following minimum criteria apply to the siting of a manufactured/mobile home parks.

(1)

Minimum site development area: two acres.

(2)

Minimum perimeter buffer height: a six-foot privacy fence or six-foot natural landscape buffer.

(3)

Minimum unit site area: 4,500 square feet.

(4)

Maximum density: eight units per acre.

(5)

Unit type: single, double or triple wide configuration.

(6)

Single and double wide lots shall be a minimum of 40 feet.

(7)

Double wide in excess of 30 feet, lots shall be a minimum of 50 feet.

(8)

Triple wide lots shall be a minimum of 60 feet.

(9)

Triple wide in excess of 50 feet, lots shall be a minimum of 70 feet.

(10)

Both side yards set-backs shall be a minimum of ten feet.

(11)

Front yard set-back shall be a minimum of 25 feet.

(12)

Rear yards shall be a minimum of ten feet.

(Ord. No. 2011-01, § 2, 2-14-2011)

The following minimum criteria apply to the siting of a RV parks.

(1)

Minimum site development area: two acres.

(2)

Maximum density of 20 per acre.

(3)

Minimum space size of 25 feet by 50 feet.

(4)

Minimum perimeter buffer: a six-foot privacy fence or six-foot natural landscape buffer.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Single-family use.

(b)

RV park.

(c)

Business office associated with the park only.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

One single-family mobile home per lot as established in section 82-205, Siting criteria.

(b)

One recreational vehicle, travel trailer per space.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Two off-street parking spaces shall be required in manufactured/mobile home parks.

(b)

One off-street parking space shall be required in RV parks.

(c)

All parking surfaces shall be an approved impervious surface.

(Ord. No. 2011-01, § 2, 2-14-2011)

No site, space or lot in the M-2 district shall be established which is not provided with an effective connection to a public sewerage system unless and until the Oklahoma Department of Environmental Quality (ODEQ) certifies that a septic system or other approved system can be satisfactorily established. Upon establishment of a public sewer, the each site shall be connected to the public sewer.

(Ord. No. 2011-01, § 2, 2-14-2011)

The regulations of this division shall apply to the RT-1 medium density residential district.

(Ord. No. 2021-03, § 1, 6-14-2021)

The RT-1 medium density residential district is designed specifically to provide an area for condensed single-family housing. The development shall be for residential dwelling ownership. Encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of the RT-1 district as residential is prohibited. This division also discourages any use which would generate traffic or create congestion on neighborhood streets other than normal traffic which serves the residences on the street. This division also encourages only those uses which, because of character or size, would not create additional requirements and costs if the RT-1 district were developed solely for residential dwellings.

(Ord. No. 2021-03, § 1, 6-14-2021)

Single-family house. A structure intended for separate independent living for one household. A single-family house shall include but not limited to the terms: tiny home, cottage or garden home or other terms that may fit the descriptions as approved in this Code. For the purpose of this Code, all mentioned terms are considered single-family dwellings and shall follow the regulation of this division.

(1)

Meets or exceeds the current Residential Building Code as adopted by the State of Oklahoma Uniform Building Code Commission.

(2)

Is permanent in nature.

(3)

Is no larger than allowed by this division; and a minimum of 400 square feet footprint.

(4)

Does not exceed 800 square feet of all floors under roof.

(5)

Property shall be separated from all other zones by a six-foot privacy fence.

(Ord. No. 2021-03, § 1, 6-14-2021)

The following shall be permitted uses in the RT-1 district:

(1)

Single-family houses (ownership).

(2)

Single-family houses (rental).

(Ord. No. 2021-03, § 1, 6-14-2021)

No dwelling or use shall be constructed or commenced in the RT-1 district which does not conform with the following minimum requirements for lot size:

^* The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be less than the required at the front property line as long as the minimum frontage is met at the front building line.

^** Requires a lot split or proper platting on lots to be sold in accordance with this Code.

(Ord. No. 2021-03, § 1, 6-14-2021)

The maximum coverage of any lot in the RT-1 district shall not exceed 50 percent of the lot area for number of single-family usage.

(Ord. No. 2021-03, § 1, 6-14-2021)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the RT-1 district:

(1)

The side yard for corner lots in the RT-1 district will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street or section lines.

(2)

A minimum of ten feet of depth or 25 percent of the required front yard setback, whichever the greater, shall remain as designated green space.

(3)

The side yard for corner lots will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street.

(Ord. No. 2021-03, § 1, 6-14-2021)

No dwelling in the RT-1 district shall be constructed with a height in excess of 18 feet from the mean lot elevation.

(Ord. No. 2021-03, § 1, 6-14-2021)

In the RT-1 residence district, all parking shall be off-street. One parking space is required for the residence and one visitor space is required, for the RT-1 district for one-family dwellings. Dwelling parking shall be paved with four inches of concrete over a four-inch compacted base. All parking surfaces shall be an approved impervious surface. All parking shall be individual to each residential unit.

(Ord. No. 2021-03, § 1, 6-14-2021)

No structure in an RT-1 district shall be constructed that is not provided with independent electric and water utilities and an effective individual connection to a public sewer system.

(Ord. No. 2021-03, § 1, 6-14-2021)

No signs, billboards, posters, bulletin boards or other similar matter shall be permitted in the RT-2 residence district except as permitted in chapter 19 of this Code.

(Ord. No. 2021-03, § 1, 6-14-2021)

The specific regulations of this division shall apply to the RT-2 high density housing district.

(Ord. No. 2021-03, § 2, 6-14-2021)

The RT-2 high density housing district is designed specifically to provide an area for condensed single-family affordable housing. The development shall be for residential dwelling ownership and rental. Encroachment of commercial and industrial use or any other use which would substantially interfere with the development of or continuation of the RT-2 district as residential is prohibited. This division also discourages any use which would generate traffic or create congestion on neighborhood streets other than normal traffic which serves the residences on the street. This division also encourages only those uses which, because of character or size, would not create additional requirements and costs if the RT-2 district were developed solely for residential dwellings.

(Ord. No. 2021-03, § 2, 6-14-2021)

Single-family house. A structure intended for separate independent living for one household. A single-family house shall include but not limited to the terms: tiny home, cottage or garden home or other terms that may fit the descriptions as approved in this Code. For the purpose of this Code, all mentioned terms are considered single-family dwellings and shall follow the regulation of this division.

(1)

Meets or exceeds the current Residential Building Code as adopted by the State of Oklahoma Uniform Building Code Commission.

(2)

Is permanent in nature.

(3)

Is no larger than allowed by this division; and a minimum of 400 square feet.

(4)

Does not exceed 800 square feet of all floors under roof.

(Ord. No. 2021-03, § 2, 6-14-2021)

The following shall be permitted uses in the RT-2 district:

(1)

Single-family houses.

(2)

^* Multi-unit development (multi single-family housing).

^* All multi-unit development shall be preplanned and preapproved by the planning commission. If platting is required, the unit must meet all regulation of this Code.

(Ord. No. 2021-03, § 2, 6-14-2021)

No dwelling or use shall be constructed or commenced in the RT-2 district which does not conform with the following minimum requirements for lot size:

^* The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be less than the required at the front property line as long as the minimum frontage is met at the front building line.

^** Requires a lot split on lots to be sold if not platted in accordance with the section and this Code.

^*** 4-units shall be the maximum no matter lot size.

^**** No variances shall be granted on the maximum number of units.

(Ord. No. 2021-03, § 2, 6-14-2021)

The maximum coverage of any lot in the RT-2 district shall not exceed 60 percent of the lot area for number of single-family usages.

(Ord. No. 2021-03, § 2, 6-14-2021)

The following minimum requirements for yards shall apply to any use that is constructed or commenced on a parcel of land in the RT-2 district:

(1)

The side yard for corner lots in the RT-2 district will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street or section lines.

(2)

A minimum of ten feet of depth or 25 percent of the required front yard setback, whichever the greater, shall remain as designated green space.

(3)

The side yard for corner lots will be a minimum of 15 feet on interior intersections and 25 feet where adjacent to a major street.

(Ord. No. 2021-03, § 2, 6-14-2021)

No dwelling in the RT-2 district shall be constructed with a height in excess of 18 feet from the mean lot elevation.

(Ord. No. 2021-03, § 2, 6-14-2021)

(a)

In the RT-2 residence district, the off-street parking requirements are the same as those in section 102-562 for the RT-1 district for one-family dwellings. Two-family dwellings shall be paved with four inches of concrete over a four-inch compacted base. All parking surfaces shall be an approved impervious surface.

(b)

In RT-2 residential district multiple unit setting, parking spaces may be grouped together in one location beyond the required setback.

(Ord. No. 2021-03, § 2, 6-14-2021)

No structure in an RT-2 district shall be constructed that is not provided with independent electric and water utilities and an effective individual connection to a public sewer system.

(Ord. No. 2021-03, § 2, 6-14-2021)

No signs, billboards, posters, bulletin boards or other similar matter shall be permitted in the RT-2 residence district except as permitted in chapter 19 of this Code.

(Ord. No. 2021-03, § 2, 6-14-2021)