Seminole City Zoning Code

   This chapter shall be known and may be cited as the Zoning Ordinance of the City of Seminole. Said chapter is enacted pursuant to the authority granted by the state legislature and the charter of the city.

(Prior Code, § 12-2A-1)

   (A)   Purposes. The regulations contained in this chapter are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities.

   (B)   Interpretation. In interpreting and applying the provisions of this chapter, such provisions shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

(Prior Code, § 12-2A-2)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A subordinate building or a portion of the main building located on the same lot as the main building.

   ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same premises.

   ADVERTISING SIGN OR STRUCTURE. Any cloth, card, paper, metal, painted glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever including statuary, placed for outdoor advertising purposes on the ground or elsewhere. The term PLACED shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.

   ALLEY. A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

   APARTMENT. A detached dwelling designed to be occupied by three or more families living independently of each other exclusive of hotels or motels.

   AUTOMOBILE. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.

   BASEMENT. A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

   BOARDING HOUSE. A dwelling other than a hotel where for compensation and by prearrangement for definite periods, accommodations for lodging and meals are provided for three or more, but not exceeding 12, persons on a weekly or monthly basis.

   BUILDING. Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.

   BUILDING HEIGHT. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

   BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a MAIN BUILDING on the lot on which it is situated.

   CHILDCARE CENTER. Any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services, meetings or classes or engaged in church activities.

   CONTAINER, SHIPPING. A portable, weather resistant receptacle designed for or used in the shipment of goods, wares or merchandise. SHIPPING CONTAINERS shall have a measurement designation of at least one TEU (20-foot equivalent unit - 20-foot length by eight-foot width by eight-fee and six inches in height).

   CONTAINER, TEMPORARY PORTABLE STORAGE. A purpose built, fully enclosed, box like container with signage on one or more outer surfaces that is designed for temporary storage of household goods and/or equipment. Such containers are uniquely designed for ease of loading to and from a transport vehicle.

   COVERAGE. The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, except where otherwise specifically designated.

   DISTRICT. Any section or sections of the city for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.

   DWELLING. Any building or portion thereof which is designed or used as living quarters for one or more families, but not including house trailers.

   DWELLING, MULTIPLE-FAMILY. A detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels, motels, resort type hotels, auto or trailer courts or camps.

   DWELLING, MULTIPLE UNIT OWNERSHIP. Attached or detached dwellings designed to be occupied by two or more families living independently of each other, but having a common indivisible open area space and permitting different ownership of the individual dwellings.

   DWELLING, ONE-FAMILY.

      (1)   MODULAR. A single-family dwelling constructed in whole, or partially preassembled sections which are to be permanently joined together. The dwelling shall be constructed in compliance with the building code adopted by the city.

         (a)   A building permit shall be required for all modular homes prior to installation on a lot or space inside the city limits. The building permit and inspection fees shall be the same as a site built structure. No utilities shall be connected prior to the issuance of a building permit.

         (b)   Construction documents, including a foundation design, shall be submitted in two sets with each application for a building permit.

         (c)   All framework used for transporting the structure shall be removed.

         (d)   Prior to the issuance of a certificate of occupancy, all inspections, including foundation and rough and final, for plumbing, mechanical, electrical and building, shall be completed by the city Building Inspector on-site or within a ten-mile radius of the city limits.

      (2)   SITE BUILT. A building, other than a manufactured home, containing one dwelling unit designed for occupancy by not more than one family and built to the standards for conventional site built housing in compliance with the building code adopted by the city.

   DWELLING, TWO-FAMILY. A detached dwelling designed to be occupied by two families living independently of each other.

   DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes, and having one kitchen or kitchenette.

   FAMILY. One or more persons related by blood, marriage or adoption, or a group of not to exceed five persons, excluding servants, not all related by blood or marriage, occupying premises and living together as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A FAMILY includes servants employed by the family.

   GARAGE APARTMENT. A dwelling unit for one family erected above a private garage.

   GARAGE, PARKING. Any building, or portion thereof, used for the storage of four or more automobiles for profit, hire or otherwise involving compensation in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

   GARAGE, PRIVATE. An accessory building or a part of a main building used for storage purposes only for not more than four automobiles or for a number of automobiles which does not exceed one and one-half times the number of families occupying the dwelling unit to which the garage is accessory, whichever number is the greater.

   GARAGE, PUBLIC. Any garage, other than a private garage, available to the public, used for the care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

   GASOLINE OR FILLING STATION. Any area of land, including structures thereon, that is used for the retail sales of gasoline or oil fuels, or other automobile accessories, and incidental services including automobiles, but not including painting, major repair or automatic automobile washing or the sale of butane or propane fuels.

   GROSS FLOOR AREA. The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces or exterior walls or from the centerline of walls separating two buildings, and including, but not limited to, the following spaces:

      (1)   Basements;

      (2)   Elevator shafts and stairwells at each floor;

      (3)   Floor space for mechanical equipment with structural headroom of seven feet or more;

      (4)   Penthouses;

      (5)   Attic space providing headroom of seven feet or more;

      (6)   Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and

      (7)   Accessory uses in enclosed covered space, but not including space used for off-street parking.

   HELP YOURSELF LAUNDRY. A laundry providing home type washing, drying and ironing machines for hire to be used by the customer on the premises.

   HOME OCCUPATION. An occupation or a profession which is customarily carried on by the inhabitants, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; and provided, that no sale of merchandise is carried on and that there is no display of merchandise or sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building; and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which the occupation is conducted. The conducting of a tearoom or restaurant, rest home, clinic, childcare center, tourist home; or cabinet, metal or auto repair shop shall not be deemed a HOME OCCUPATION.

   HOTEL. A building or group of buildings under one ownership containing four or more sleeping rooms occupied, intended or designed to be occupied, as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

   HOUSE TRAILER. Any portable or mobile vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place.

   KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, grooming or selling dogs and cats, or any premises wherein any person or persons own or keep more than three dogs or more than three cats over six months of age.

   LOADING, OFF-STREET. A space for loading of vehicles adequate to permit such vehicle to be loaded while parked completely on private property.

   LOT. Any plot of land occupied or intended to be occupied by one main building, and accessory buildings and uses, including such open spaces as are required by this code and other laws or ordinances, and having its principal frontage on a street.

   LOT AREA. The total area measured on a horizontal plane included within the lot lines.

   LOT, CORNER. A lot which has at least two adjacent sides abutting for their full lengths on a street; provided, that the interior angle at the intersection of such two sides is less than 135 degrees.

   LOT DEPTH. The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

   LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

   LOT, FRONTAGE. The dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT LINES. The lines bounding a LOT, as defined in this section.

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

   OFF-STREET PARKING SPACE. A parking space adequate to permit the parking of a vehicle outside the curb or ditch lines of the street.

   OPEN PORCH. A porch which has no side or front walls, screens or other enclosures, except structural roof supports where a roof is provided.

   PARKING AREA. A permanently surfaced area, enclosed or unenclosed, sufficient in size to store automobiles together with a permanently surfaced driveway connecting all parking spaces with a street or alley.

   PARKING SPACE. A permanently surfaced area enclosed or unenclosed, being ten feet in width and 18 feet in depth and intended for the parking of motor vehicles.

   ROOMING HOUSE. A building where lodging only is provided for compensation for three or more, but not exceeding 12 persons. A building which has accommodations for or which houses more than this number shall be defined as a HOTEL under the terms of this section.

   SMALL BUSINESS. A business that has less than four employees (not counting the owner), low volume of traffic and a parking lot area of less than 5,000 square feet.

   STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A HALF STORY containing a dwelling unit or living quarters shall be counted as a full story.

   STREET. Any public or private thoroughfare which affords the principal means of access to abutting property.

   STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

   TOURIST COURT or MOTEL. An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.

   TOURIST HOME. A dwelling in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

   TRAILER COURT or MOBILE HOME PARK. A parcel of land or property which is used or intended to be used or rented for occupancy by one or more trailers or movable sleeping quarters of any kind.

   USE AREA. A zone established for a certain type of use such as commercial or residential.

   WAREHOUSE, MINI. A building or portion thereof designed or used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as passenger motor vehicle, house trailer, motorcycle, boat, camper or other items of personal property generally stored in residential accessory structures. This shall not include storage of any merchandise, stock, furnishings or vehicles of a business of any kind.

   WAREHOUSE, STANDARD. A building or portion thereof used for storage of any merchandise, stock, furnishings or vehicles of a business of any kind. This definition shall not be deemed to include a storage area operated in conjunction with a retail business when located on the same property.

   YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this code that an accessory building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

   YARD, FRONT. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof other than steps.

   YARD, REAR. A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the REAR YARD shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the REAR YARD shall in all cases be the opposite end of the lot from the front yard.

   YARD, SIDE. A yard between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and outside wall of the side of the main building or any projections other than steps. On corner lots, street easements shall not be included in the computation of the minimum required SIDE YARD.

(Prior Code, § 12-2A-3) (Ord. 1031, passed 3-14-2006; Ord. 1056, passed 11-13-2007; Ord. 1075, passed 3-11-2008; Ord. 1111, passed 2-9-2010; Ord. 1174, passed 5-12-2015)

   This chapter classifies and regulates the use of land, buildings and structures within the city limits, as hereinafter set forth. The regulations contained in said chapters are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of land by buildings, the size of yards and open spaces, density of population and location of buildings. The city is divided into the following zones.

 

(Prior Code, § 12-2A-4) (Ord. 1220, passed 6-12-2018; Ord. 1225, passed 8-14-2018)

   (A)   Zoning districts as designated shall be bounded and defined as shown on a map entitled “Zoning Map of the City of Seminole, County of Seminole, State of Oklahoma” (zoning map), which map is on file in the office of the City Clerk and is incorporated by reference and made a part of this chapter.

   (B)   The map has been heretofore examined in detail by the Council and is adopted as a part of this code. However, this chapter and the map are subject to change from time to time as may be determined by the Council.

(Prior Code, § 12-2A-5)

   In the event of uncertainty in the exact boundaries of any of the aforesaid districts as shown on the zoning map, the Planning Commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the Council.

(Prior Code, § 12-2A-6)

   (A)   Uses. Except as hereinafter otherwise provided, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and in accordance with the provisions of this chapter relating to any or all districts.

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

   (C)   Lot abutting public street. No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street.

(Prior Code, § 12-2A-7)

   This chapter shall be enforced by a Building Inspector. It is a violation of this chapter for any person to change or permit the change in the use of land, buildings or structures, or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained under the following conditions.

   (A)   Building permit requirements. Whenever any structure or building is to be improved, erected, moved or structurally altered, a building permit shall be obtained from the Building Inspector as required in Chapter 150. Every applicant for a building permit shall furnish the following information:

      (1)   A plot plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities;

      (2)   A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building is designed to accommodate; and

      (3)   A survey (prepared by a land surveyor registered in the state), locating property lines, easements and building lines (for new construction only) of the lot on which the improvements are proposed to be located may be required by the Building Inspector. The contractor may be required by the Building Inspector to have the land surveyor recertify the stakes prior to the footing inspection. Additional information relating to the proposed improvement of existing structures needed to determine compliance with these regulations may be requested by the Building Inspector.

   (B)   Certificate of occupancy. No change shall be made in the use of any land or building or structure after the original adoption of this chapter until a certificate of occupancy is obtained from the Building Inspector for certifying that the provisions of this chapter are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the building permit.

(Prior Code, § 12-2A-8) (Ord. 1075, passed 3-11-2008) Penalty, see § 156.999

   The uses listed under the various districts in §§ 156.155 through 156.160, 156.175 through 156.178, 156.190 through 156.192 and 156.205 through 156.210 as “conditional uses” are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the conditional uses with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure.

   (A)   Filing of application and fee. An application shall be filed with the City Planning Commission for review. Such application shall show the location and intended use of the site, and any other material pertinent to the request which the Planning Commission may require.

   (B)   Hearings. The City Planning Commission shall hold one or more public hearings thereon.

   (C)   Report to Council. The Planning Commission shall, within 45 days of the date of application, transmit to the City Council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendation of the Planning Commission concerning use thereon. Thereupon, the City Council may authorize or deny the issuance of a building permit for the use of land or buildings as requested.

(Prior Code, § 12-2A-9) (Ord. 1075, passed 3-11-2008)

   (A)   Public hearing; notice.

      (1)   The City Council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the Planning Commission, amend the regulations and districts herein established.

      (2)   No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

   (B)   Protest. Every such proposed amendment shall be referred by the City Planning Commission for report. If a protest against such amendment be presented, duly signed and acknowledged by the owners of 20% or more of the land within such area proposed to be altered, or by the owners of 20% or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street, such amendment shall not be passed except by the favorable vote of three-fourths of the City Council.

   (C)   Filing of petition by landowners. Whenever the owners of 51% of the land in any area present a petition duly signed and acknowledged to the City Council requesting an amendment of the regulations prescribed for such area, it shall be the duty of the City Council to vote upon such amendment within 90 days of the filing of such petition by the petitioners with the City Clerk.

   (D)   Petition fee. For each petition for amendment to this chapter, a fee of $200 shall be paid to the City Clerk.

(Prior Code, § 12-2A-10) (Ord. 1075, passed 3-11-2008)

   (A)   A-1 District. All new additions and annexations of land to the city shall be in an A-1 Agricultural District, unless otherwise classified by the Council, for a period of time not to exceed one year from the effective date of the ordinance annexing such addition.

   (B)   Study; establish district classification. Within this one year period of time, the City Council shall instruct the City Planning Commission to study and make recommendations concerning the use of land within such annexation to promote the general welfare in accordance with the master plan, and upon receipt of such recommendations, the City Council shall, after public hearings as required by law, establish the district classification of such annexation; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of such annexation.

(Prior Code, § 12-2A-11)