600.1.

General purposes. The commercial districts are designed to:

A.

Achieve the commercial objectives of the comprehensive plan.

B.

Meet the needs for commercial services and goods of the trade area.

C.

Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land uses and thoroughfares by:

1.

Differentiating the types and purposes of commercial activities.

2.

Establishing bulk and area controls.

3.

Requiring off-street loading and parking facilities.

4.

Controlling the number, area, location, and types of signs.

5.

Protecting the character of commercial districts and their peculiar suitability for commercial uses.

600.2.

Purposes of the CS Shopping Center District. The CS District is designed to accommodate convenience, neighborhood, sub-community, community, and regional shopping centers providing a wide range of retail and personal service uses.

600.3.

Purpose of the CG General Commercial District. The CG District is designed to:

A.

Accommodate existing development of mixed commercial uses which are well established, while providing a degree of protection to adjacent residential areas.

B.

Accommodate the grouping of certain commercial and light industrial uses which are compatible with one another.

600.4.

Purpose of the CBD Central Business District.

A.

Accommodate and encourage the most desirable, productive, and intense use of land, without regard to the regulations of building height, floor area, or parking space requirements, within the central core area of the city designated by the comprehensive plan.

B.

Encourage a diversity of high intensity customer intense uses which mutually benefit from close proximity to each other and from the available service of the uptown corridor district.

C.

Preserve and promote the public and private investment of the existing central core area.

The principal uses permitted in the commercial districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, and screening requirements and other use conditions in Chapter 9. The use units permitted in Commercial Districts are set forth below in Table 1.

Table 1
Use Units Permitted in Commercial Districts*

X — Use by right.

E — Special exception.

**Nursing home, community group home, convent, monastery, and novitiate are permitted as a matter of right; all other uses within use Unit 8 are permitted by Special Exception.

***Antennas and antenna support structures are permitted only upon approval by the Board of Adjustment as a Special Exception in all C Districts as provided in Chapter 9, Section 904 of this Code

610.1.

Outside storage and display in CS District. Outside storage and/or display is allowed in a CS District in and under the following conditions:

A.

"Outside storage and/or display" means the placement of non-perishable items for retail sale in an open area on a lot upon which a commercial structure of fifteen thousand (15,000) or more square feet is located and which structure is open to the public for retail sales of the items placed in the outside storage and/or display area;

B.

The outside storage and/or display area cannot exceed one hundred sixty (160) square feet and must:

1.

Maintain a setback of at least thirty (30) feet from any public street right-of-way.

2.

Be located within thirty-five (35) feet of a public entrance to the commercial structure located on the lot.

3.

Be adequately separated from the lot parking area so as to preclude the passage or movement of vehicular traffic through the open area.

4.

Not negatively impact by more than four (4) percent of the required lot parking spaces mandated by the Code.

5.

Maintain an open air status (no tents or canopies allowed).

C.

The outside storage and/or display area cannot be used for commercial signage display except for normal pricing and item description advertising similar in size to that located within the commercial structure upon the lot.

620.1.

Accessory uses permitted. Accessory uses customarily incident to a principal use permitted in a commercial district are permitted in such district.

620.2.

Accessory use conditions.

A.

Accessory buildings shall meet the minimum building setback lines of the applicable district.

B.

An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

C.

Signs in the commercial districts, whether accessory or principal uses, are subject to the use conditions of the Use Unit 21 of Chapter 9.

D.

Antennas and antenna support structures.

1.

Antennas and antenna support structures which are accessory to a commercial use are permitted to be mounted on a commercial office building or customary accessory building; provided, that it does not exceed sixty-five (65) feet in height measured from the average ground elevation at the commercial building to the highest horizontal point of the antenna and antenna support structure and that the surface area of all such mounted antennas shall not exceed ten (10) square feet. Only one (1) side having the largest surface area is to be calculated. These provisions do not apply to principal use antennas or to antennas which are accessory to uses requiring Board of Adjustment approval.

2.

Structures other than an office building or customary accessory building which are used to support accessory antennas (including any guy lines) shall:

a.

Be located in the rear yard only, and be limited to one such structure;

b.

Not exceed sixty-five (65) feet in height, measured from the average ground elevation at the commercial building to the highest point of the antenna and antenna support structure;

c.

Not encroach upon the land or airspace of any abutting property; and

d.

Not exceed twenty-four (24) inches in width above twenty-five (25) feet in height, exclusive of guy lines.

Table 2
Bulk and Area Requirements in the Commercial District

*Plus two (2) feet of setback for each one (1) foot building height exceeding fifteen (15) feet if the abutting property is within an RE, RS, RD, or RMT District.

A.

Multi-family use, where permitted by special exception, shall comply with the bulk and area requirements of the RM-2 District.

B.

Except as provided above, all special exception uses shall comply with the bulk and area requirements of the use district in which located.

C.

Special housing facilities in Use Unit 8 (multi-family) shall meet applicable use conditions and off-street parking and loading requirements as provided in Chapter 10.

650.1.

Definitions: As used in this section, the terms sexual conduct and specified anatomical areas shall mean as follows:

A.

Sexual conduct includes the following:

1.

The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

2.

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;

3.

Masturbation; and

4.

Excretory functions as part of or in connection with any of the activities as set forth in subsections 1 through 3 above.

B.

Specified anatomical areas includes the following:

1.

Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

2.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

C.

For purposes of this Code, sexually-oriented businesses are defined as follows:

1.

Adult amusement or entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

2.

Adult bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

3.

Adult mini motion picture theater: An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

4.

Adult motel: A motel wherein material is presented, as part of the motel services, via closed circuit T.V. or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

5.

Adult motion picture arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

6.

Adult motion picture theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct specified anatomical areas.

7.

Massage parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

8.

Model studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

9.

Sexual encounter center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities.

650.2.

Prohibition. No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CG". In addition, no person shall cause or permit the establishment of any of the sexually-oriented businesses, as defined in Section 650.1 within one thousand (1,000) feet of any other sexually-oriented business, or within five hundred (500) feet of the nearest property line of a lot containing a church, school, (type which offers a compulsory education curriculum), public or private park, or within three hundred (300) feet of nearest property line of a lot zoned residential or within three hundred (300) feet of a non-major street which provides direct access to a residentially zoned area.

The establishment of a sexually-oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1.

Nothing in this Code is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws.

660.1.

Purposes. By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Planning Commission is required for all commercial developments for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development, except as noted in Section 660.2. No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan.

660.2.

Application for site plan review. An application for site plan review shall be filled with the Planning Commission staff at the time of the sketch plat application. The application shall be in such format and content as the Planning Commission may by resolution establish, with twenty (20) copies of the site plan submitted. The plan must show information showing compliance with applicable sections of this Code and all other applicable City Codes and ordinances. The Planning Commission staff shall review and approve or deny site plans on tracts less than eighteen thousand (18,000) square feet or structural amendment of less than two thousand (2,000) square feet or ten (10) percent (whichever is greater). All other site plans shall be reviewed and approved or denied by the Planning Commission. Appeals from denial by staff to be made to the Planning Commission.

660.3.

The site plan shall contain:

A.

Proposed location of uses, including off-street parking design and layout (see Chapter 10 for minimum required dimensions and design standards) open spaces and public uses;

B.

Location, height, and size of buildings and other structures;

C.

Proposed location of all existing or proposed site improvements including curb lines, curb cuts and their radii, neighboring curb cuts, drains, culverts, retaining walls and fences;

D.

Hydrology report as per Article VI, Sections 6-45 through 6-52 of the Sapulpa City Code.

E.

Internal public and private vehicular and pedestrian circulation;

F.

Proposed location and development of buffer areas, screening and landscaping;

G.

The location of all uses expressed in floor area, allocation to each identifiable segment of the development;

H.

A computation of lot area, building floor are, and building coverage for each type proposed use;

I.

Proposed location, height, and size of any ground signs;

J.

Sufficient surrounding area to demonstrate the relationship of the development to adjoining uses, both existing and proposed;

K.

Existing topographic character of the land including identification of floodplain areas, treed areas, slope analysis and soil analysis;

L.

An explanation of the character of the development.