Seiling City Zoning Code

ZONING DISTRICTS

§ 154.30 A, SINGLE-FAMILY DWELLING DISTRICT.

(A) Permitted uses.

(1) A building or premises shall be used only for the following purposes:

(a) Churches;

(b) Garage apartments; provided that, the building shall be set back ten feet from all lot lines;

(d) Golf courses, except miniature golf courses, putting greens, driving ranges or other forms of amusement operated as a business;

(e) Home occupations and professional offices of one who lives in the main building; (See § 154.30(D) through (G) of this chapter for details.)

(f) Hospitals and clinics, except animal hospitals and clinics;

(g) Schools, elementary and high;

(h) Single-family dwelling; and

(i) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion of the construction work.

(Prior Code, § 11-4-1)

(2) If any property within an area zoned as Single-Family Dwelling District is being used for another purpose at the time of the passage of this division (A), the use may continue. When said property ceases from the restricted use, only the uses stated in this division (A) will be permitted. Any non- conforming use will terminate if the property is sold.

(B) Yards.

(1) Front yard.

(a) There shall be a front yard having a depth of not less than 25 feet, unless 25% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, in which case, no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than 50 feet .

(b) Where lots have a double frontage, the required front yard shall be provided on both streets.

(2) Side yard.

(a) Except as provided in division (B)(2)(b) below, there shall be a side yard on each side of a building having a width of not less than five feet from the eaves of the building to property line.

(b) On corner lots, there shall be a side yard on the side street of not less than 50% of the front yard required on the lot, and no accessory building shall project beyond this side yard line; except that, on corner lots and corner tracts of land of 50 feet in width, it shall be permissible to build within five feet of the property line on said yard line.

(Prior Code, § 11-4-2)

(C) Lot area; intensity of use. There shall be a lot area of not less than 5,000 square feet; except that, if a lot of record recorded prior to the effective date hereof has less area than herein required, that lot may be used for any of the uses permitted by this chapter; provided that, all area regulations are observed.

(Prior Code, § 11-4-3)

(D) Definition and stipulations of “home occupations”.

(1) A HOME OCCUPATION is a commercial use that is accessory to a residential use. A home occupation must comply with the requirements of this chapter.

(2) A home occupation must be conducted entirely within the dwelling unit or one accessory garage and require no more than 25% of the gross floor area of the residence and/or garage.

(3) Participation in a home occupation is limited to occupants of the dwelling unit; except that, one person who is not an occupant may participate in a medical, professional, administrative or business office if off-street parking is provided for that person.

(4) The residential character of the lot and dwelling must be maintained.

(5) The home occupation must enhance the public health, safety and general welfare of the surrounding neighborhood.

(6) The home occupation must not diminish the value and quality of the surrounding neighborhood.

(7) The occupation must not impose a load on any utility greater than normally required for domestic use.

(8) There shall be no display windows; nor shall any materials or supplies be stored in the open.

(9) Equipment or materials associated with the home occupation must not be visible from locations off the premises.

(10) A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling unit or garage.

(11) No business involving the pickup or delivery of goods or products will be conducted between the hours of 7:00 p.m. to 7:00 a.m.

(12) Parking a commercial vehicle of two-ton capacity or greater on the premises or on a street adjacent to residentially zoned property is prohibited.

(13) Any current or future developers or existing homeowners may bar home occupations with a protective covenant for any new or existing residential platted addition.

(14) Advertising a home occupation by a sign on the premises is prohibited, except as provided under division (E) below.

(15) The following are prohibited as home occupations:

(a) Adult-oriented businesses;

(b) Animal hospitals, animal breeding;

(d) Businesses involving the repair of any type of internal combustion engine, including equipment repair services;

(e) Clinics, hospitals;

(f) Cocktail lounges;

(g) Contractor’s yards;

(h) Dance studios;

(i) Drop-off recycling collection facilities;

(j) Equipment sales;

(k) Hospital services;

(l) Massage parlors other than those employing massage therapists licensed by the state;

(m) Recycling centers;

(n) Rental outlets;

(o) Restaurants;

(p) Scrap and salvage services; and

(q) Second hand or used items.

(Prior Code, § 11-4-4)

(E) Home occupation signs. A home occupation that is allowed under division (D) above may display one on-premises sign bearing the name of the home occupation if the following requirement is met: the sign must be a non-illuminated sign, not more than 144 square inches in area, with a maximum height of eight feet. A home occupation sign permitted under this section must be removed if the home occupation ceases to be used or fails to comply with the requirements of this chapter.

(Prior Code, § 11-4-5)

(F) Permit for home occupation. Town permit must be obtained before establishing any home occupation by submitting a home occupation application and permit fee to the town’s Clerk-Treasurer. The permit will be reviewed by the Planning and Zoning Commission with recommendations made to the Town Board for final determination. The permit fee will be set by the Town Board.

(Prior Code, § 11-4-6)

(Ord. 2017-2, passed 11-13-2017; Ord. 2021-2, passed 4-12-2021)

§ 154.31 B, RESIDENTIAL DISTRICT.

(A) Regulations established. The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this chapter are the B Residential District regulations.

(Prior Code, § 11-5-1)

(B) Permitted uses. A building or premises shall be used for the following residential purposes:

(1) Any use permitted in the A Single-Family Dwelling District;

(2) Boarding or lodging houses and any commercial use, except the following: any type or kind of manufacturing plant or factory wherein either materials or products are manufactured, either in liquid or solid form, other than the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises;

(3) Blacksmith shop;

(4) Coal, coke or wood yard;

(5) Feedlot or livery stable;

(6) Machine shop;

(7) Multiple dwellings; and

(8) Two-family dwellings.

(Prior Code, § 11-5-2)

(C) Yards. The yard area regulations for residences are the same as those in the A Single-Family Dwelling District. No front yard shall be required for any commercial establishment.

(Prior Code, § 11-5-3)

(D) Lot area; intensity of use.

(1) A lot on which there is erected a single-family dwelling shall contain not less than 4,000 square feet. A single-family dwelling may be erected on any lot of record recorded prior to effective date hereof irrespective of the area of said lot of record.

(2) A lot on which there is erected a two-family dwelling, a multiple dwelling or a garage apartment shall contain an area of not less than 2,000 square feet per family.

(Prior Code, § 11-5-4)

§ 154.32 C, BUSINESS-INDUSTRIAL DISTRICT.

(A) Regulations established. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this chapter, are the C Business-Industrial District regulations.

(Prior Code, § 11-6-1)

(B) Specific use permit.

(1) Definition. The phrases SPECIFIC USE PERMIT or PERMIT, as used herein, shall mean a permit granted by the Board of Trustees for the town, (the “Town Board”), after notice, public hearing, preliminary review and recommendation by the town’s Planning and Zoning Commission for a specific use within a Commercial-Industrial (C) Zoning District. The Town Board shall process any application or amendment for a specific use permit using the procedure as set forth in division (B)(3) below.

(2) List of specific uses. The types of uses for which a specific use permit may be required shall be those types of uses (the “specific uses”) which, because of the size of the land required for the specific use or the specialized nature of the use, may more intensely dominate the area in which the use is located and its effects on the general public are broader than other uses permitted in a Commercial- Industrial (C) Zoning District. The following uses shall receive the express approval of the Town Board before they shall be permitted to be located, expanded or moved anywhere within a Commercial- Industrial (C) Zoning District:

(a) Acid manufacture or wholesale storage;

(b) Cell phone or other communication towers (excluding amateur radio tower);

(d) Commercial oil or gas refining or compression;

(e) Commercial or bulk storage of gasoline, propane, butane or other petroleum products;

(f) Explosives manufacture or wholesale storage;

(g) Grain elevator and storage;

(h) Impound lots;

(i) Medical marijuana commercial growing facilities;

(j) Medical marijuana dispensary;

(k) Medical marijuana processing facility;

(l) Medical marijuana transportation;

(m) Refining of petroleum or its products;

(n) Salvage yards;

(o) Sanitary landfill or waste disposal area;

(p) Sewage lagoon;

(q) Temporary work force housing with occupancy of 20 or more; and

(r) Wind tower.

(3) Procedure. The procedure for the application, review and approval of a specific use permit (or the amendment of a previously approved permit) is as follows.

(a) Any person or business entity may file an application (the “application”) with the town’s Clerk-Treasurer for a specific use permit for applicant’s property on a written form satisfactory to the town’s Clerk-Treasurer.

(b) The applicant shall provide the town’s Clerk-Treasurer a list of property owners and mailing addresses for all property located within a 300-foot radius of applicant’s property certified within 30 days of the application by a county abstracter.

(c) The applicant shall deposit $250 with the town’s Clerk-Treasurer to pay the expenses related to the application including, but not limited to, postage and publication fees.

(d) The applicant shall submit to the town’s Clerk-Treasurer a site plan for the property.

(e) The town’s Clerk-Treasurer shall publish notice of the application and set a public hearing date in a newspaper of general circulation in the town and mail notice of the same to surrounding property owners as required by 11 O.S. § 43-106.

(f) The town’s Planning and Zoning Commission shall, within 30 days of the filing of a complete application, schedule and conduct a public hearing on the application and make a recommendation on the application to the Town Board.

(g) The town’s Planning and Zoning Commission and/or the Town Board may employ experts or advisors to help them review an application.

(h) The Town Board shall, within 30 days after the public hearing by the town’s Planning and Zoning Commission, uphold the recommendation, reject the recommendation or modify the recommendation. The decision of the Town Board shall be final. The Town Board may rely on the minutes of the town’s Planning and Zoning Commission or hear the same or additional argument regarding the application in its sole discretion.

(i) Any appeal of a decision by the Town Board under the provisions of this section shall be filed in accordance with 11 O.S. § 43-109.1.

(4) Standards of review.

(a) The standards of review (the “standards”) for approval or denial of a specific use permit include the following factors (the “factors”):

1. Traffic pattern and safety;

2. Available parking;

3. Odor;

4. Dust and air quality;

5. Noise;

6. Size of facility compared to total property size;

7. Use and value of adjoining property;

8. Risk of physical damage to adjoining property;

9. Economic development;

10. Job growth;

11. Sales tax revenue;

12. Environmental risk;

13. Financial ability of municipality to provide improvements;

14. Utility consumption;

15. Community image; and

16. Overall health, safety and welfare of the community.

(b) Each factor may not be applicable or individually receive the same consideration. Any factor can be assigned greater or lesser weight during the review process.

(c) The town’s Planning and Zoning Commission shall discuss the current status of each factor separately (if applicable) as it relates to the proposed use and determine whether or not collectively the proposed use positively or negatively is:

1. Consistent with and promotes the intent and purpose of the 2024 Seiling Community Plan; and

2. Promotes the land use or activity so as to be compatible with adjacent uses of land, the natural environment and the planned capacities of public services and facilities affected by the land use.

(d) In the event the proposed use is determined to be positive, then the specific use permit shall be recommended to the Town Board for approval. In the event the proposed use is determined to be negative, then the specific use permit shall be recommended for denial to the Town Board or approved with conditions.

(5) Reasonable conditions.

(a) Reasonable conditions may be required in conjunction with the approval of a specific use permit during the hearing process by either the town’s Planning and Zoning Commission or the Town Board. Conditions imposed shall meet the following requirements:

1. Be designed to take into consideration the natural environment, the health, safety and welfare of the residents and property owners immediately adjacent to the proposed land use or activity, and the community as a whole;

2. Be related to the valid exercise of the police power, and to the proposed use or activity;

3. Be necessary to meet the intent and purpose of existing zoning requirements;

4. Be related to the standards established within this section for the land use or activity under consideration; and

5. Be necessary to ensure compliance with those standards.

(b) The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions and shall not be changed or amended, except as authorized by a zoning ordinance with notice as specified thereby. The Town Board shall maintain a record of conditions which are changed.

(6) Continued use of permit.

(a) In the event a specific use permit is approved (with or without condition), then the applicant shall be required to actively commence the approved specific use within one year after the approval date by the Town Board or the same shall be void.

(b) If the specific use is commenced and then ceases for a period of one year or more, then the specific use permit shall be void.

(Prior Code, § 11-6-2)

(C) Yards. There shall be no yard area restrictions on any business or industrial enterprise located in the C Business-Industrial District.

(Prior Code, § 11-6-3)

(D) Lot area; intensity of use. There shall be no lot area restrictions or intensity of use other than fire and health restrictions imposed by other ordinances of the town or applicable state and federal statutes or regulations.

(Prior Code, § 11-6-4)

(E) Other.

(1) C1, Neighborhood Commercial. The Neighborhood Commercial District is intended for uses necessary for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people in adjacent residential areas. Uses include banks, shops, drug store, food stores, restaurants and the like.

(2) C2, General Commercial. The General Commercial District is intended for the general service and retail businesses in the community. Uses include all C-1 activities, plus automobile sales, lumber yards, service stations and the like.

(Ord. 2019-2, passed 3-11-2019; Ord. 2020-1, passed 3-16-2020; Ord. 2021-6, passed 9-20-2021)

§ 154.33 D, AGRICULTURAL DISTRICT.

(A) AG-1, General Agricultural.

(1) The zoning of “AG-1 General Agricultural” is intended for the uses necessary for the conduct of farming, ranching and general agricultural business.

(2) “AG-2 Residential Agricultural” zoning is intended to allow for citizens to be annexed into the town limits, while still allowing for all intents and purposes of general agricultural business to continue and allow the same permitted uses as described in AG-1 General Agricultural zoning.

(Prior Code, § 11-7-1)

(B) Permitted uses and activities. Any land designated as AG-1 or AG-2 will have the following permitted uses:

(1) Bees;

(2) Cultivating the soil;

(3) Growing crops;

(4) Horticultural;

(5) Livestock (including fowl);

(6) Planting seed;

(7) Rice;

(8) Silvicultural (forestry);

(9) Viticulture (grapevines); and

(10) Also, permitted will be the lawful burning of crops, trash and debris, after reporting such control burns to the county in which the property is located.

(Prior Code, § 11-7-3)

(Ord. 2023-4, passed 8-14-2023)

§ 154.34 PUBLIC/INSTITUTIONAL DISTRICT.

(A) Public and institutional. The intent of the Public/Institutional Zoning District is to provide a zoning district that encourages the development of public institutional type uses appropriate for emergency staging areas, public infrastructure, government administrative facilities, maintenance facilities, public schools, school grounds and quasi-public buildings and facilities, fire stations, community recreation halls, parks, open spaces, public libraries, police stations, public parking lots, visitors’ centers, water and wastewater treatment facilities, community swimming pools, airports or heliports, town-owned healthcare centers and nursing facilities.

(B) Permitted uses. The following uses are permitted within the public/institutional zone:

(1) Emergency staging areas;

(2) Public infrastructure, including roadways, utilities, regional storm water facilities, off-site critical area mitigation areas and parks designed by the adopted Comprehensive Plan;

(3) Government administrative facilities, including Town Hall and the Municipal Court;

(4) Maintenance facilities and storage areas, including temporary or permanent emergency staging areas;

(5) Schools and related lands;

(6) Fire stations and related training facilities;

(7) Community recreation halls;

(8) Parks, open spaces and community ballfields for active or passive recreation or enjoyment;

(9) Public libraries or museums;

(10) Police stations;

(11) Public parking lots;

(12) Visitors’ centers and information kiosks;

(13) Wastewater treatment facilities, including biosolids treatment, composting facilities and public storm water detention and/or treatment facilities;

(14) Community swimming pools, other water recreation areas;

(15) Airport or heliport; and

(16) Town-owned health care facilities, including nursing centers.

(Prior Code, § 11-9-2)

(Ord. 2020-1, passed 3-16-2020)