Seminole City Zoning Code

   (A)   Nuisance declared. The use of shipping containers as storage, buildings and other dwellings on private property has increased within city limits. Shipping containers and similar structures pose a risk to individuals and the public because they are not securely anchored, lack certain design specifications for specific purposes, not properly equipped for adequate utilities, fire suppression systems or sufficient ventilation, as well as and other minimum requirements for appropriate and safe use. It is therefore necessary to declare the use of said shipping containers as public nuisance and to provide guidelines for their placement and use within the city.

   (B)   Enforcement. The provisions of this section shall be enforced as provided in this code.

   (C)   Shipping containers prohibited. No metal shipping containers shall be allowed on any property within the corporate limits of the city, subject to the following recognized exceptions:

      (1)   Industrial or business applications with an approved conditional use permit;

      (2)   Temporary placement for relocation purposes or construction and then only for a period of time, not to exceed 180 days, as approved by the Office of Community Development. (Reference: International Building Code (IBC) §§ 108.1 through 108.4.)

      (3)   Industrial or commercial businesses, including religious institutions, may continue to utilize current shipping containers if they were located at their place of business on or before December 31, 2021. These containers will be geolocated and granted nonconforming accessory use status until their use is complete and the containers moved off the property. Any additional shipping containers added to the property will be required to hold a conditional use permit.

   (D)   Requirements for permanent use of shipping containers. Permanent placement and use of shipping containers may be allowed in specific circumstances and under certain conditions, provided they meet adequate design and safety specifications for their particular purpose. The following minimum criteria are required for approval of a conditional use permit by the Planning Commission.

      (1)   All approved containers must be located in the rear or side of any existing home, structure or vacant lot.

      (2)   Placement and use of shipping containers must comply with all applicable regulations and codes, including, but not limited to, building and life safety codes, zoning ordinances, boundary, utility and other pertinent setback requirements, acquisition of proper permits, as well as other applicable rules and regulatory requirements.

      (3)   Containers shall be:

         (a)   Kept painted in a color or design scheme that matches or conforms to other structures on the existing property and/or subdivision;

         (b)   Situated behind a permitted and approved site-proof fence; and

         (c)   Required to adhere to any other condition required by the Planning Commission if approved for a conditional use permit.

      (4)   Containers must only be used for storage and in no way utilized for temporary or permanent occupancy or habitation.

      (5)   A concrete foundation or appropriate footing must be utilized.

      (6)   Proper verification must be provided to ensure that any proposed container has not been used to house or transfer hazardous, flammable, radioactive or environmentally unsafe materials.

      (7)   No hazardous materials shall be stored in greater quantities than listed in 49 C.F.R.

      (8)   These provisions shall not authorize placement of shipping containers in violation of any applicable homeowner association rules or restrictive covenants prohibiting such use.

   (E)   Removal of storage containers. Any property owner with a storage container currently situated on property within the corporate limits shall have 60 days from the date of passage of this section to remove such storage containers, or to obtain a temporary permit for continued placement and use on said property.

   (F)   Failure to remove storage container. Failure to remove any unpermitted storage container following expiration of the 60-day period shall be deemed a violation of §§ 156.025 through 156.033 and to enforcement and imposition of penalties as provided.

(Prior Code, § 12-2B-1) (Ord. 1287, passed 4-11-2023; Ord. 1302, passed 5-14-2024) Penalty, see § 156.999

   (A)   Sign regulations in all districts.

      (1)   Rights-of-way. Only signs installed by the State Department of Transportation, County Road Department and the City Street Department can be erected or placed in the right-of-way of a public street.

      (2)   Off-premises signs. Off-premises signs are hereby prohibited along any city street or highway within the city limits.

         (a)   Exemption: The advertising of a citywide festival or seasonal event held inside city limits and conducted by the city, school, chamber, Main Street Association, Seminole Nation or a nonprofit agency shall be exempt from the premises advertising rule, as long as event approval from the permit board is obtained. Time limits for this exemption shall be 60 days before the event and no longer than four days after the event has concluded.

         (b)   Exemption:

            1.   Upon recommendation by Planning Commission and passage of a City Council resolution, the sponsorship of signs where an individual(s) is recognized for significant positive contributions to the reputation of the city in a statewide or national capacity, a sign shall be allowed and exempt from the off-premises advertising rule, so long as:

               a.   The sponsor’s recognition, including name or logo placed on the sign, provides no location or contact information;

               b.   The sponsor(s) name or logo on the sign covers no more than 10% of the sign. In no case shall the sign be larger than four feet by eight feet. If multiple sponsors exist the cumulative total of sign coverage of all sponsors shall be no more than 10% of the sign;

               c.   All other sign restrictions apply including traffic flow consideration; and

               d.   A maintenance agreement with the Community Development Department must be in place prior to the placement of the signs.

            2.   For the purpose of this division (A)(2)(b), SIGNIFICANT POSITIVE CONTRIBUTIONS TO REPUTATION OF THE CITY IN A STATEWIDE OR NATIONAL CAPACITY shall be defined and adjudged by the City Council as follows:

               a.   A person shall be deemed to have had a SIGNIFICANT POSITIVE CONTRIBUTION if by nature of having represented the city in an historic event or capacity the individual has portrayed the city or caused the city to be portrayed as an accomplished, proud, progressive or prosperous community. Examples of this would be, President of the United States, renowned writer/author, famous musician, accomplished astronaut, governor, professional or Olympic athlete, record holder for the state’s all time wins at any given sport, whereby the individual’s efforts have focused positive attention upon the city and would be of particular interest to the traveling public.

               b.   Exemption: Any long term or permanent outdoor sign or scoreboard intended to market only to venue attendees is exempt from the off-premises advertising rule. Any sign strategically located to appeal to both venue attendees and the traveling public utilizing streets must comply with this division (A)(2)(b).

         (c)   Exemption: industrial park entries: If a business is located within the boundaries of the industrial park and does not have access to a major highway, a business indicator sign may be erected upon an approved location with the current property owner’s permission.

      (3)   Nonconforming signs. Any nonconforming sign presently located within the city limits on the effective date hereof, or located in an area annexed to the city thereafter, shall be considered as a legal nonconforming sign and is permitted; provided, that the sign was in all respects in compliance with applicable law on the effective date hereof. If such sign is not in conformance with existing law, such sign must be brought into conformance or removed. Such sign shall be maintained in good condition and shall be allowed to remain in existence only so long as such sign is not:

         (a)   Replaced with a new structural frame;

         (b)   Structurally altered;

         (c)   Expanded;

         (d)   Continued in use after rezoning, change of ownership of the sign owner, property owner or activity to which the sign pertains; or

         (e)   Reestablished after damage or destruction if the estimated cost of the reconstruction exceeds 50% of appraised replacement cost as determined by the Code Enforcement Officer.

   (B)   Portable signs, all districts (except residential).

      (1)   Definition. For the purpose of this section, a PORTABLE SIGN includes all signs capable of being easily transported, including lighted signs that are anchored.

      (2)   General requirements. All commercial businesses are limited to permanent signs as allowed per zoning regulations, temporary sales/promotional signs placed on interior windows and temporary sales/promotional signs as an exception regulated in this chapter. Portable signs shall be permitted only during road construction, special events, special circumstances and sales/promotional events, provided they meet the following criteria.

         (a)   Portable signs shall not exceed 32 square feet at any one location or property.

         (b)   Portable signs shall be located on private property, not city or state right-of-way.

         (c)   Portable signs will be allowed only while permanent signs are being constructed or repaired during construction, special events and for special circumstances.

         (d)   Portable signs shall not be located on a corner lot in areas prohibited by § 156.046(E).

         (e)   Lighted portable signs must comply with the National Electrical Code and the zoning district standards in which the sign is located. Portable signs may be served by a code approved 110-volt outlet with a three-wire outdoor cord of not less than 16-gauge. No cord shall exceed 25 feet in length, and it shall not be placed on or across sidewalks, driveways or parking spaces. Portable signs shall not flash nor cause glare which would tend to blind the motoring public.

         (f)   Portable signs shall not be permitted on property in excess of 30 days per calendar year without a special waiver.

         (g)   All portable signs shall be maintained, freshly painted and aesthetically pleasing at all times.

         (h)   No portable sign shall create a sight barrier, have language that would be offensive to the general public or create a nuisance.

         (i)   Portable signs shall be anchored/secured by the property owner to prevent personal or property damage caused by the movement of said portable sign.

      (3)   Exceptions.

         (a)   Construction. Where street, highway or other public works construction disrupts normal access to a business, the Director of Community Development or designated agent may authorize a portable sign to be located on private (and in some instances, public) property, to provide direction to said business, where he or she has determined that said location will not constitute a hazard to the health, safety and welfare of the public. This sign shall be permitted only as long as the construction disrupts access or until ordered to be moved by the Director or agent, whichever shall occur first.

         (b)   Special events. When a spectator event or special entertainment event is proposed, one portable sign shall be permitted in place of an authorized permanent sign for a period not to exceed 30 days per event; provided, that no more than one sign per location at a time shall be permitted, provided all general requirements are met.

         (c)   Special circumstance. Relates to business enterprises that cannot have permanently mounted advertising signs at remote locations advertising a product/service/property for sale. Examples of special circumstances are:

            1.   Real estate signs: Realtors shall be allowed to advertise the sale of real property by the placement of a portable sign on the property to be sold. A yearly permit of $20 per real estate firm will be required for the placement of portable real estate signs. A realtor will be required to sign a permit application acknowledging the requirements for placement of portable signs. Portable signs must be removed no more than 30 days after sale of the property. Nothing in this provision shall relieve any realtor from complying with other requirements of this section.

            2.   Construction contractor’s signs: A permit of $5 per contractor will be required for the placement of portable construction (siding, roofing, windows and the like) signs. A contractor may display a sign not to exceed 30 days per job site, provided the sign is in compliance with all provisions listed above. For each sign, a contractor will be required to sign an application for permit which explains requirements and location of portable signs.

            3.   Political signs: All political signs must be placed on private property (with permission of the property owner). The property owner shall then be responsible for the removal of all political signs not more than seven days after election day. Political signs that become deteriorated must be removed immediately.

         (d)   Temporary sales/promotional signs.

            1.   Temporary sales or promotional signs shall be permitted by the Community Services Director not to exceed 30 days per calendar year; provided, that all other general requirements are met.

            2.   A permit shall be required for each event. Applicant will be required to sign a permit application specifying dates signs will be in place and acknowledging requirements for placement of portable signs.

(Prior Code, § 12-2B-2) (Ord. 999, passed 10-11-2005; Ord. 1116, passed 6-8-2010; Ord. 1173, passed 5-12-2015; Ord. 1235, passed 1-14-2020; Ord. 1266, passed 5-10-2022) Penalty, see § 156.999

   (A)   Highway 99/377 and Wrangler Boulevard. If a residential, commercial or industrial building is utilized for a primary structure fronting Highway 99/377 (Milt Phillips/Jimmie Austin Boulevard from Park Heights Road to the north city limits) or Highway 9/Wrangler Boulevard (extending to city limits east and west), the building must be covered with brick/rock veneer, stucco or EIFS. Except as indicated in division (C) below, other material may be utilized only upon approval by the Planning Commission.

   (B)   Primary structure. For the purpose of this division (B), a PRIMARY STRUCTURE is defined as any and all buildings that are unobstructed by another building facing the street or highway. It is possible to utilize two or more primary structures on one property.

   (C)   Downtown area. Any metal or concrete block shall be prohibited for exterior surface material on the front and exposed sides on any new construction or facade renovation located in the downtown area including Main Street from Seminole Avenue to Strother Avenue and the area bordered by Seminole Avenue on the north, Milt Phillips on the west, railroad property on the south and 4th Street on the east.

   (D)   Exceptions. Metal on a building will be allowed if it is consistent with an existing regional or national brand or chain for their standard exterior appearance.

(Prior Code, § 12-2B-3) (Ord. 1204, passed 5-9-2017; Ord. 1286, passed 3-14-2023) Penalty, see § 156.999

   A legal nonconforming building or structure existing at the time of the effective date hereof may be continued, maintained and repaired, except as otherwise provided in this chapter.

(Prior Code, § 12-2B-4)

   (A)   Additions and enlargements. A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located. However, if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to; provided, that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which the building or structure is located.

   (B)   Moving building. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located. Nothing in this regulation shall prohibit normal maintenance of the premises.

(Prior Code, § 12-2B-5) Penalty, see § 156.999

   Any advertising sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this chapter initially became effective which does not conform with the provisions hereof shall not be structurally altered and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary and their supporting members shall be completely removed from the premises not later than three years from the initial effective date of this chapter.

(Prior Code, § 12-2B-6)

   A building or structure, or portion thereof, which is nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one and one-half years shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. If the building is reoccupied prior to the one and one-half year period, it must be continuously occupied for such use for a period of six months or the vacancy period shall be considered as only temporarily interrupted and reoccupancy must conform to these regulations after a total vacancy period of one and one-half years.

(Prior Code, § 12-2B-7)

   (A)   A nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure or changed except to a conforming use.

   (B)   If such a nonconforming use, or a portion thereof, is discontinued for a period of six months or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

   (C)   A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one and one-half years after the initial effective date of this chapter.

   (D)   The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a nonconforming building or structure is changed to a use of a more restricted district classification, it hereafter shall not be changed to a use of a less restricted district classification.

(Prior Code, § 12-2B-8)

   A nonconforming use of land where the aggregate value of all permanent buildings or structures is less than $1,000 existing at the time of initial adoption of these regulations may be continued for a period of not more than three years therefrom, provided:

   (A)   Such nonconforming use may not be extended or expanded, nor shall it occupy more area than was in use on the initial effective date hereof; and

   (B)   If such nonconforming use or portion thereof is discontinued for a period of three months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

(Prior Code, § 12-2B-9)