Chapters 2 and 3 of this title shall be known and may be cited as the ZONING ORDINANCE OF THE CITY OF SEMINOLE. Said chapters are enacted pursuant to the authority granted by the state legislature and the charter of the city. (2000 Code § 12-201)

   A.   Purposes: The regulations contained in chapters 2 and 3 of this title 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 chapters 2 and 3 of this title, such provisions shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare. (2000 Code § 12-202)

   Except where the natural construction of the writing indicates otherwise, the following definitions shall be used in the interpretation and construction of chapters 2 and 3 of this title. In addition, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular; and the word "shall" is mandatory and not "directory".

   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 (3) 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 (1/2) 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.

   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 (3) or more children under the age of sixteen (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 x 8 foot width x 8 foot 6 inch 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 (3) 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 (2) 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: A. 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 of Seminole.

   B.   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 of Seminole.

1. 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.

2. Construction documents, including a foundation design, shall be submitted in two (2) sets with each application for a building permit.

3. All framework used for transporting the structure shall be removed.

4. 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 (10) mile radius of the city limits.

   DWELLING, TWO-FAMILY: A detached dwelling designed to be occupied by two (2) families living independently of each other.

   DWELLING UNIT: One room, or a suite of two (2) 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 (5) 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 (4) 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 (4) automobiles or for a number of automobiles which does not exceed one and one-half (11/2) times the number of families occupying the dwelling unit to which the garage is accessory, whichever number is the greater.

   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 (2) buildings, and including, but not limited to, the following spaces:

   A.   Basements;

   B.   Elevator shafts and stairwells at each floor;

   C.   Floor space for mechanical equipment with structural headroom of seven feet (7') or more;

   D.   Penthouses;

   E.   Attic space providing headroom of seven feet (7') or more;

   F.   Interior balconies, mezzanines and enclosed covered porches and enclosed steps;

   G.   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 (2) 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 (4) 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 1 : Any portable or mobile vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place.

   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 (2) adjacent sides abutting for their full lengths on a street; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).

   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 (2) nonintersecting streets, as distinguished from a corner lot.

   LOT, FRONTAGE: That 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 (10') in width and eighteen feet (18') in depth and intended for the parking of motor vehicles.

   ROOMING HOUSE: A building where lodging only is provided for compensation for three (3) or more, but not exceeding twelve (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 (4) employees (not counting the owner), low volume of traffic, and a parking lot area of less than five thousand (5,000) square feet.

   STORY: That 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 (3') above the top floor level, and in which space not more than two-thirds (2/3) 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, 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 (4) rooms are provided or offered for transient guests for compensation.

   TRAILER COURT OR MOBILE HOME PARK 2 : 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.

   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. (2000 Code § 12-203; amd. Ord. 1031, 3-14-2006; Ord. 1056, 11-13-2007; Ord. 1075, 3-11-2008, eff. 4-10-2008; Ord. 1111, 2-9-2010; Ord. 1174, 5-12-2015)

   This chapter and chapter 3 of this title classify and regulate 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:

 

   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", which map is on file in the Office of the City Clerk and is incorporated by reference and made a part of chapters 2 and 3 of this title. The map has been heretofore examined in detail by the Council and is adopted as a part of this Code. However, chapters 2 and 3 of this title and the map are subject to change from time to time as may be determined by the Council. (2000 Code § 12-205)

   In the event of uncertainty in the exact boundaries of any of the aforesaid districts as shown on the "zoning map of the City of Seminole, County of Seminole, State of Oklahoma", the Planning Commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the Council. (2000 Code § 12-206)

   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 chapters 2 and 3 of this title 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. (2000 Code § 12-207)

   Chapters 2 and 3 of this title shall be enforced by a building inspector. It is a violation of this title 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 title 5 of this Code. 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.

      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. (2000 Code § 12-208; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   B.   Certificate Of Occupancy: No change shall be made in the use of any land or building or structure after the original adoption of chapters 2 and 3 of this title until a certificate of occupancy is obtained from the building inspector for certifying that the provisions of said chapters 2 and 3 of this title 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. (2000 Code § 12-208)

   The uses listed under the various districts in chapter 3 of this title 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: (2000 Code § 12-209)

   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. (2000 Code § 12-209; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

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

   C.   Report To Council: The Planning Commission shall, within forty five (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. (2000 Code § 12-209)

   A.   Public Hearing; Notice: 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. 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 fifteen (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 twenty percent (20%) or more of the land within such area proposed to be altered, or by the owners of twenty percent (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 (3/4) of the City Council.

   D.   Petition Fee: For each petition for amendment to this title, a fee of two hundred dollars ($200.00) shall be paid to the City Clerk. (2000 Code § 12-211; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   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. (2000 Code § 12-212)

A violation of chapters 2 and 3 of this title is a misdemeanor and is punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of said chapters 2 and 3 of this title shall be punished as provided in section 1-1-8 of this Code. (2000 Code § 12-210)

   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 of Seminole.

   B.   Enforcement: The provisions of this article shall be enforced as provided in the City of Seminole Code of Ordinances.

   C.   Penalty: Violations of this chapter are designated as municipal infractions as specified in Title 1, Chapter 1-1-8 and 1-1-9 of this code.

   D.   Shipping Containers Prohibited: No metal shipping containers shall be allowed on any property within the corporate limits of Seminole, Oklahoma, 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), sections 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 Non-Conforming 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.

   E.   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; or

         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 CFR.

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

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

   G.   Failure To Remove Storage Container: Failure to remove any unpermitted storage container following expiration of the sixty (60)-day period shall be deemed a violation of Title 12, Section 2B and to enforcement and imposition of penalties as provided.

(2000 Code § 12-367; amd. Ord. 1287, 4-11-23; Ord. 1302, 5-14-24)

   A.   Sign Regulations In All Districts:

      1.   Rights Of Way: Only signs installed by the Oklahoma department of transportation, Seminole County road department and the city of Seminole 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 sixty (60) days before the event and no longer than four (4) days after the event has concluded.

         b.   Exemption:

            (1)   Upon recommendation by planning commission and passage of a city of Seminole 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 ten percent (10%) of the sign. In no case shall the sign be larger than four feet by eight feet (4' x 8'). If multiple sponsors exist the cumulative total of sign coverage of all sponsors shall be no more than ten percent (10%) of the sign.

               (c)   All other sign restrictions apply including traffic flow consideration.

               (d)   A maintenance agreement with the community development department must be in place prior to the placement of the signs.

            (2)   "Significant positive contributions to reputation of the City of Seminole in a Statewide or National capacity" shall be defined and adjudged by the Seminole City Council as follows:

               (a)   A person shall be deemed to have had a "significant positive contribution" if by nature of having represented Seminole in an historic event or capacity the individual has portrayed Seminole or caused Seminole 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 Oklahoma's all time wins at any given sport, whereby the individual's efforts have focused positive attention upon Seminole 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 section A-2-b of this section.

         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.

         e.   Reestablished after damage or destruction if the estimated cost of the reconstruction exceeds fifty percent (50%) of appraised replacement cost as determined by the code enforcement officer.

   B.   Portable Signs, All Districts (Except Residential):

      1.   Definition: A "portable sign" includes all signs capable of being easily transported, including lighted signs that are anchored. (2000 Code § 12-369)

      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 thirty two (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 subsection 12-2C-2E of this chapter.

         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 one hundred ten (110) volt outlet with a 3-wire outdoor cord of not less than 16-gauge. No cord shall exceed twenty five feet (25') 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 thirty (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 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 thirty (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 twenty dollars ($20.00) 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 thirty (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 five dollars ($5.00) per contractor will be required for the placement of portable construction (siding, roofing, windows, etc.) signs. A contractor may display a sign not to exceed thirty (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 (7) days after election day. Political signs that become deteriorated must be removed immediately.

         d.   Temporary Sales/Promotional Signs:

            (1)   Signs Permitted: Temporary sales or promotional signs shall be permitted by the community services director not to exceed thirty (30) days per calendar year; provided all other general requirements are met.

            (2)   Permit Required: 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. (Ord. 999, 10-11-2005; amd. Ord. 1116, 6-8-2010; Ord. 1173, 5-12-2015; Ord. 1235, 1-14-2020; Ord. 1266, 5-10-2022)

   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 subsection C of this section, other material may be utilized only upon approval by the Planning Commission.

   B.   Primary Structure: 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 façade 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. (Ord. 1204, 5-9-2017; amd. Ord. 1286, 3-14-2023)

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 and chapter 3 of this title. (2000 Code § 12-381)

   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. (2000 Code § 12-382)

   Any advertising sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this chapter and chapter 3 of this title 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 (3) years from the initial effective date of this chapter and chapter 3 of this title. (2000 Code § 12-383)

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 (11/2) 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 (11/2) year period, it must be continuously occupied for such use for a period of six (6) 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 (11/2) years. (2000 Code § 12-384)

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. If such a nonconforming use, or a portion thereof, is discontinued for a period of six (6) 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. 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 (11/2) years after the initial effective date of this chapter and chapter 3 of this title. 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. (2000 Code § 12-385)

A nonconforming use of land where the aggregate value of all permanent buildings or structures is less than one thousand dollars ($1,000.00) existing at the time of initial adoption of these regulations may be continued for a period of not more than three (3) 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 (3) 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. (2000 Code § 12-386)

   Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified. (2000 Code § 12-361)

   A.   Restricted To Certain Building Or Structure: No open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.

   B.   Projections Into Yards: Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed one foot (1'). Open porches may project into a front or rear yard a distance not to exceed five feet (5').

   C.   Front Yard And Building Setback Line: Where the dedicated street right of way on which the main building fronts is less than fifty feet (50'), the depth of the front yard and building setback line shall be measured starting at a point twenty five feet (25') from the centerline of the street right of way.

   D.   Street Ingress And Egress: No dwelling shall be erected on a lot which does not abut on at least one street for at least thirty five feet (35') and have a width of at least sixty feet (60') at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

   E.   Corner Lot, Sight Triangle: On any corner lot on which a front or side yard is required, no wall, fence, sign, structure or any plant growth having a height in excess of three feet (3') above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of thirty feet (30') along such front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection.

   F.   Private Garages:

      1.   An attached or detached private garage which faces on a street shall not be located closer than twenty five feet (25') to the street easement line.

      2.   A private garage located in an R residential zone shall not be used for storage of more than one commercial vehicle which does not exceed one and one-half (11/2) tons' rated capacity per family living on the premises. No more than two (2) spaces shall be rented to persons not residing on the premises for storage of noncommercial passenger vehicles only. (2000 Code § 12-362)

   A.   Scope Of Regulations: The regulations herein set forth, qualify or supplement, as the case may be, the specific district regulations appearing in this chapter and chapter 3 of this title.

   B.   Measuring Heights: In measuring heights, a habitable basement or attic shall be counted as a story; provided, that a story in a sloping roof, the area of which story at a height of four feet (4') above the floor, does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

   C.   Projections: Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

   D.   Churches, Schools, Public Buildings: Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot (1') for each two feet (2') by which the height of such public or semipublic structure exceeds the prescribed height limit.

   E.   Utility Lines: Utility lines, when crossing public rights of way or easements, shall maintain a minimum clearance of seventeen feet (17') measured at the crown of the roadway. (2000 Code § 12-363)

   In approving building groups planned as a unit such as shopping centers, industrial parks, schools, civic centers, churches or housing projects consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout makes it impracticable to apply the requirements of this title to the individual buildings in such project, the application of such requirements to such project shall be done by the city council upon recommendations of the planning commission in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by this chapter and chapter 3 of this title in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirement of the district in which the housing project is to be located. (2000 Code § 12-364; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   Animals and fowl in any district shall be kept only in accordance with city ordinances and codes. (2000 Code § 12-365)

   The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the codes and ordinances of the city and the regulations of the liquefied petroleum gas administration of the state. (2000 Code § 12-366)

   A.   Shipping Containers: Unless expressly designated as a conditional use, the placement, storage and use of shipping containers shall be prohibited.

   B.   Temporary Portable Storage Containers: Temporary portable storage containers for the purpose of moving and storage of residential household goods are allowed for a period not to exceed ten (10) days. (Ord. 1056, 11-13-2007)

   A.   Definition: For purposes of this article, a "drive-in restaurant" shall be defined as any establishment whose principal business is the sale of foods, frozen desserts or beverages which are served directly to the customer in a motor vehicle either by an individual, through a service window, or any other means which eliminates the need for the customer to exit the motor vehicle.

   B.   Trash Receptacles:

      1.   All persons owning, operating or in charge of a drive-in restaurant as defined above shall provide the premises with a minimum of two (2) waste receptacles.

         a.   Drive Through Windows: The containers shall be placed so that patrons utilizing the drive through lanes may deposit waste or unwanted materials in the containers, without leaving their vehicles, immediately after the pick-up window(s).

         b.   Drive-in Restaurants/beverage shops: The containers shall be placed so patrons of said restaurant can leave their respective parking space and utilize a trash container from their vehicle before leaving the premises.

      2.   All such receptacles provided for use of patrons shall be manufactured of plastic or metal, constructed in such manner so that trash deposited therein will not escape, and shall be fixed with hinged or swinging covers at the top, or a side door in which to slide a waste container to and from the receptacle for access to can liners. Receptacles shall be secured in a manner that the container cannot be removed or relocated by third parties.

      3.   All persons owning, operating or in charge of a drive-in restaurant as defined in Section 12-2C-8A, shall ensure that waste receptacles placed on the premises are not allowed to overflow resulting in littering the premises or surrounding areas. Trash receptacles shall be outfitted with removable liners, and changed on a regular basis as to not attract pests, animals or other public or private nuisances.

      4.   Violation, penalty: Any person, firm or other entity who violates or refuses to comply with any of the provisions of said chapters of this title shall be punished as provided in section 1-1-8 of this Code.

(Ord. 1130, 4-12-2011; amd. Ord. 1292, 8-8-2023)

   It is the intent of these requirements that adequate parking and loading facilities be provided off the street for each use of land within the city. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts. (2000 Code § 12-371)

   A.   General Requirement: Off street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

   B.   Uncovered Parking Area: The area required for off street parking shall be in addition to the yard areas herein required, except that the front yard required in a C-1 neighborhood commercial district or an I-2 restricted light industrial district may be used for uncovered parking area, and the front yard of a residential district may be used for the uncovered parking area for four (4) or less vehicles associated with a residential use when the area is surfaced with a pavement adequate to prevent the occurrence of mud and dust with continued use, and may be used for uncovered parking area for more than four (4) vehicles in accordance with the provisions of section 12-2D-7 of this article. (2000 Code § 12-372)

   The off street parking lot shall be located within two hundred feet (200'), exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley. (2000 Code § 12-373)

   The ownership of land upon which the off street parking is provided shall be the same as the ownership of land on which the principal use is located. (2000 Code § 12-374)

   The size of a parking space for one vehicle shall consist of a rectangular area having dimensions outlined in section 12-2A-3, definition of "parking space", of this chapter. (Ord. 998, 8-23-2005; amd. Ord. 1174, 5-12-2015)

   Off street parking facilities shall be provided in all districts. For uses not specifically covered, the director of community services shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off street parking requirements for the permitted use. This decision can be appealed to the planning commission and the city council.

   AMOUNT OF OFF STREET PARKING REQUIRED

 

   Notes:

   All of the lot used for the parking of vehicles, for the storage and display of merchandise, and all driveways used for vehicle ingress and egress in C-1, C-2 and C-3 Zoned Districts shall be paved with a sealed surface pavement (asphalt or concrete) and maintained in such a manner that no dust will be produced by continued use. In addition, small businesses in C-1, C-2 and C-3 Zoned Districts may use limestone rock (top layer must be limestone screenings) for parking lot surface in sufficient quantity to prevent tracking or washing of mud and clay onto public roadways and maintained in such a manner that no dust will be produced by continued use. (Ord. 1075, 3-11-2008, eff. 4-10-2008)

   Whenever off street parking lots for more than four (4) vehicles are to be located within or adjacent to a Residential District, the following provisions shall apply:

   A.   Fencing Of Sides Of Lots: All sides of the lot abutting the Residential District shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than five feet (5') nor more than six feet (6'). Such fence, wall or hedge shall be maintained in good condition.

   B.   Front Yard Setback; Sight Triangle: No parking shall be permitted within a front yard setback line established ten feet (10') back of the property line of interior and corner lots wherever the parking lot is located in a Residential District or immediately abuts the front yard of a residential unit. In all other cases, no setback shall be required; provided, however, that on any corner lot formed by two (2) intersecting streets, no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of three feet (3') above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of thirty feet (30') along the front and side lot lines from their point of intersection and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

   C.   Landscaping: All yards shall be landscaped with grass, shrubs and evergreen ground cover and maintained in good condition the year round.

   D.   Paving: All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

   E.   Driveways: Driveways used for ingress and egress shall be confined to and shall not exceed twenty five feet (25') in width, exclusive of curb returns.

   F.   Light And Reflectors: The intensity of light and arrangement of reflectors shall be such as not to interfere with Residential District uses.

   G.   Signs: No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only nonintermittent incandescent lighting of signs shall be permitted. (2000 Code § 12-377)

   A.   Definitions:

 

 

   B.   Permit Requirements: Fences shall be permitted subject to the permit requirements of the city.

   C.   Permit Fee: A permit fee in the amount established by ordinance shall be required.

   D.   Restrictive Privately Enforced Regulations: Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declarations of covenants and restrictions relating to architectural controls, deed restrictions, or platted setback lines which may further limit the construction of a fence on a particular parcel of real estate.

   E.   Materials used: Regardless of the type of fence to be erected, all fences shall not be constructed of recycled materials. New materials shall only be used, unless first approved by the Building Inspector as to the useful life of the materials and the aesthetics of the surrounding neighborhood or subdivision.

   F.   Review Of Application: The Director of Community Development shall review an application for a fence and ensure that the conditions and requirements contained herein are satisfied before granting approval of said application. Prior to such approval, the fire department shall review and comment on the fence, if appropriate.

(Ord. 1293, 8-8-2023)

   A.   Definition: A "front yard fence" shall be defined as a fence located within the required front yard setback area for all structures, or in front of the front wall of the main building on the site. Such fence shall be considered as a structure and shall be subject to the regulation of structures in chapters 2 and 3 of this title and the building code. (2000 Code § 12-391)

   B.   Conditions And Requirements: A front yard fence shall be permitted subject to the following conditions and requirements:

      1.   Permit Fee: A permit fee in the amount established by ordinance shall be required.

      2.   Restrictive Privately Enforced Regulations: Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declarations of covenants and restrictions relating to architectural controls, deed restrictions, or platted setback lines which may further limit the construction of a fence on a parcel.

      3.   Review Of Application: The director of community services shall review an application for a front yard fence and ensure that the conditions and requirements contained herein are satisfied before granting approval of said application. Prior to such approval, the fire department shall review and comment on the fence, if appropriate.

      4.   Fence Type And Material: A front yard fence shall be see through and not exceed four feet (4') in height. Barbed, hog or chicken wire, field fence, single strand fences or T-posts shall not be used except in the agricultural or industrial zoning districts. Only chainlink, decorative wrought iron, picket and split rail fencing shall be permitted. The director of community services may approve a retaining wall to solve drainage or topographical problems.

      5.   Decorative And Wrought Iron Fences: The director of community services may approve a decorative wrought iron fence not to exceed six feet (6') in height. All wrought iron fences shall be subject to the following conditions and requirements:

         a.   Site plans and elevations of the fence shall be submitted for permit review. The proposed fence shall not pose a safety or visibility hazard.

         b.   The fence shall be made of decorative wrought iron, galvanized steel, aluminum, or similar material having the appearance of decorative wrought iron.

         c.   Maximum picket width shall not exceed one inch (1") square.

         d.   Minimum separation of pickets shall not be less than two and one-half inches (21/2") for the first four feet (4') in height of the fence and shall not be less than six inches (6") above the first four feet (4') in height of the fence.

         e.   Spiked caps or spears shall not be used on pickets under five and one-half feet (51/2') in height. The height of the fence with spiked caps shall not exceed six feet (6').

      6.   Picket Fences: For picket fencing, the maximum width of the pickets shall be two and one-half inches (21/2") and the minimum separation of the pickets shall be two and one-half inches (21/2").

      7.   Gateway: A front yard fence greater than fifty feet (50') from a residence or structure shall be equipped with a gateway having at least sixteen feet (16') of clear width. The fire department must approve any gate and all locking devices installed in the gateway.

      8.   Distance From Street Right Of Way Lines: No front yard fence shall be erected within twenty five feet (25') of the intersection of right of way lines of any public or private street.

      9.   Traffic, View Obstruction: A front yard fence shall not cause a view obstruction for any private driveway and shall not in any case be erected within twelve feet (12') of the intersection of any private driveway and the pavement edge or maintained portion of a public or private street.

      10.   Maintenance: A front yard fence shall be kept in an attractive state, in good repair, and in a safe and sanitary condition at all times by the property owner.

      11.   Obstructing Walkway: A front yard fence shall not obstruct any public walkway even if said public walkway is on private property.

(2000 Code § 12-391; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   A.   Conditions and Requirements:

      1.   Utility Easements: A fence may be erected within any utility easement, but is subject to removal by any franchised utility company whenever installation or repair of their facilities is required. Such fence shall be replaced at the expense of the property owner.

      2.   Height: Fences may not exceed eight feet (8') in height, unless the written consent of the abutting property owner is secured, or the board of adjustment approves the height, location, and materials as a special exception.

      3.   Maintenance: Fences shall be kept in an attractive state, in good repair, and in a safe and sanitary condition at all times by the property owner.

      4.   Traffic, View Obstruction: A side or back yard fence shall not cause a view obstruction for any roadway or private driveway and shall not in any case be erected within twelve feet (12') of the intersection of any roadway or private driveway and the pavement edge or maintained portion of a public or private street.

      5.   Setback: A twenty-five foot (25') setback requirement shall apply to all solid/stockade type fences on corner lots. A fifteen-foot (15') setback may be allowed at the discretion of the Community Development Director.

   B.   Types of Side and Back Yard Fences:

      1.   Brick/Masonry Fences, Retaining Walls: Walls of brick or masonry material which require a permanent foundation may not be constructed within any designated utility easement without the written consent of all affected utility franchise holders. Upon consent, the Director of Community Development may approve a brick or masonry fence, retaining wall or other approved design to solve drainage or topographical problems.

      2.   Metal Fences: Metal fence panels shall be constructed of siliconized polyester baked enamel or equivalent. A fence may not be constructed of corrugated fiberglass, corrugated metal, or unpainted sheet metal.

         a.   All exposed pipe and support steel must be painted and maintained in good condition.

         b.   The smooth surface of a metal fence shall face the adjoining street. Side and rear yard fencing surfaces are at the discretion of the property owner. Corner lots shall have smooth surfaces facing both streets.

         c.   The top of steel panels shall be capped. No screws shall protrude from any portion of a fence.

   3.   Wood Fences: Stockade fences (no plywood allowed) shall have the smooth surface of the fence facing any adjoining street. Side and rear yard fencing surfaces not facing a street are at the discretion of the property owner. Corner lots shall have the smooth surface facing both streets. No nails, bolts, or screws shall protrude past wood support structure.

   4.   Other Fence Materials: Barbed, hog or chicken wire, field fence, single strand fences or T-posts shall not be used except in the agricultural or industrial zoning districts. Front yard fence types are allowed.

   5.   Decorative And Wrought Iron Fences: The director of community Development may approve a decorative wrought iron fence not to exceed six feet (6') in height. All wrought iron fences shall be subject to the following conditions and requirements:

      a.   Site plans and elevations of the fence shall be submitted for permit review. The proposed fence shall not pose a safety or visibility hazard.

      b.   The fence shall be made of decorative wrought iron, galvanized steel, aluminum, or similar material having the appearance of decorative wrought iron.

      c.   Maximum picket width shall not exceed one inch (1") square.

      d.   Minimum separation of pickets shall not be less than two and one-half inches (2-1/2") for the first four feet (4') in height of the fence and shall not be less than six inches (6") above the first four feet (4') in height of the fence.

      e.   Spiked caps or spears shall not be used on pickets under five and one-half feet (5-1/2') in height. The height of the fence with spiked caps shall not exceed six feet (6').

(2000 Code § 12-391; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008; Ord. 1293, 8-8-2023)

   A.   Any person found violating any provision of this title or the codes adopted shall, upon conviction, be punished as provided in section 1-1-8 of this Code.

   B.   Any appeal from a conviction for a violation of this section shall be in accordance with the provisions of state law.

   C.   An appeal to any interpretation of this article must be appealed to the Seminole Board of Adjustment.

(Ord. 1293, 8-8-2023)

A radio, television or microwave communication tower, either commercial or amateur, as defined herein, is allowed within the city limits pursuant to the conditions and site restrictions set out in this article. (2000 Code § 12-392)

   For the purpose of this article, the following terms shall have the meanings ascribed to them in this section:

   GUY TOWER: A steel lattice supported by guywires, so designed to support the tower which holds one or more antennas and related equipment for wireless communications.

   LATTICE TOWER: A steel lattice, self-supporting structure with no guy support, so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

   MONOPOLE: A self-supporting pole type structure with no guywire support, tapering from base to top and so designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission. (2000 Code § 12-392)

   A.   Towers will be allowed in R-1, R-2 and R-3 districts with the approval of a conditional use permit.

   B.   Towers will be allowed in the C-1, C-2 and C-3 districts with the approval of a conditional use permit.

   C.   Towers will be allowed within the I-1, I-2 and I-3 zoning districts as a permitted use. (2000 Code § 12-392)

   A.   Application For Permit; Approval:

      1.   All applicants for placement of towers must apply by application to the city for said permit.

      2.   As part of the submittal application for a permit, the approval by FAA and FCC on said tower shall be submitted as a part of a permit application. (2000 Code § 12-392)

   B.   Permit Fee: The permit fee for each tower will be one dollar ($1.00) per foot in height with a minimum fee of one hundred dollars ($100.00). The permit fee for the building will be based upon seven cents ($0.07) a square foot. (2000 Code § 12-392; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   A.   Height: Maximum height of all towers shall not exceed one hundred ninety nine feet (199').

   B.   Setback: All monopole towers shall maintain a setback one hundred twenty percent (120%) of the tower height from the property line. All sectional towers shall maintain a setback of eighty percent (80%) of the tower height from the property line.

   C.   Equipment Buildings: Any unmanned equipment building shall not contain more than seven hundred fifty (750) square feet of gross floor area and shall not be more than twelve feet (12') in height.

   D.   Dish Size: Satellite and microwave dishes attached to a monopole shall not exceed one meter (1 m) in diameter or two meters (2 m) in diameter if attached to a lattice tower.

   E.   Fencing: A chainlink fence not less than seven feet (7') in height from finished grade shall be installed around a transmission tower or monopole and equipment building with access through a locked gate.

   F.   Equipment Storage: No equipment or parts shall be stored outside the building.

   G.   Lights On Towers: Lights for illumination shall be determined by the FAA and the city on all tower locations.

   H.   Advertising Or Signs: No commercial advertising or signage shall be allowed on any tower. (2000 Code § 12-392)

   I.   Construction And Structural Load Standards: All towers shall meet the minimum construction and structural load standards specified in the city's adopted international building code, with the exception that basic design windspeed shall be ninety (90) miles per hour without ice, and designed with ice shall be for one-half inch (1/2") of radial ice. (2000 Code § 12-392; amd. Ord. 942, 9-11-2001)

   J.   Distance From Occupied Structure: All towers must set back its height distance from any structure that is being occupied.

   K.   Towers Affixed To Structures: Monopole and lattice towers are allowed to be affixed to existing city or private structures as long as they meet all other requirements. These towers are not to exceed twenty feet (20') above the roofline or top of the existing structure. In no case shall the height of the tower be located to fall beyond the edge of the roofline.

   L.   Abandoned Towers; Removal: Any tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of the notice from the city notifying the owner of such abandonment. If not removed within ninety (90) days, the city may remove said tower at the owner's expense.

   M.   Site Plan Showing Parking Spaces, Access Easement: A site plan shall be submitted which shows parking spaces and access easement to the property line/tower site.

   N.   Collocation On Existing Towers: The application should look at collocation on an existing tower, and, if not feasible, indicate why it is not feasible.

   O.   Approval Of Property Owner: Written approval from the property owner as to placement of the tower must be shown.

   P.   As Built Plans: After installation of the tower, the owner must submit as built plans to be kept on file.

   Q.   Certificate Of Design: The applicant must provide a certificate of design by the design engineer as to compliance with the city code upon completion of the tower. (2000 Code § 12-392)

   R.   Inspection: As part of the approval process, the owner must submit annually to the community services office an inspection report on each tower as to compliance with FCC and FAA standards. (2000 Code § 12-392; amd. Ord. 1075, 3-11-2008, eff. 4-10-2008)

   An appeal to any interpretation of this article must be appealed to the Seminole board of adjustment. (2000 Code § 12-392)

   The terms set forth in this article shall be given the meanings indicated below unless the context clearly requires a different meaning:

   DEVELOPER: Any person, persons, corporation, or other entity who, in his or her own behalf, or as an agent of another, engages in development, subdivision, construction of structures, or alteration of land in preparation for development, subdivision or construction.

   DEVELOPMENT: Any alteration of land for the purpose of achieving its development, subdivision or change in use, including any preparation for building of or erection of a structure or installation of paved surfaces, grading, fill or other change in existing land contours. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   All development, redevelopment and earth changes shall be constructed so as to not cause harm to other properties as a result of increasing the flow (amount or velocity) of stormwater runoff. Developers shall prevent the erosion of soil and movement of sedimentation into, onto or through streets, gutters, catch basins, culverts, other drainage channels or property owned by others. The city may require the developer to clean and/or repair streets, natural drainage channels or natural features when damage is caused by erosion from developer's property. Prior to commencing development, it shall be the responsibility of any developer or owner to provide a drainage and erosion control plan to appropriate city staff for approval. When deemed appropriate, city staff may require said plan to be certified by a professional engineer.

   The responsibility of the developer (other than owner/developer) ends with the issuance of a certificate of occupancy for the structure. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   It shall be the responsibility of all owners of property, whether developed, undeveloped or undergoing development to:

   A.   Mow and provide minor maintenance of drainage channels and their slopes for that portion of the channel lying within their property lines;

   B.   Keep clear all drainage channels within the boundaries of their properties; and

   C.   Take reasonable and prudent measures so as not to cause drainage interferences, obstructions, blockages or any other adverse effects upon drainage into, through or out of their property.

   D.   Not cause damage to property of another by causing water to flow over adjoining property.

   E.   Assume all responsibility for stormwater drainage from the property upon receipt of a certificate of occupancy. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   It shall be the responsibility of the city to:

   A.   Ensure that developer follows drainage plans prior to issuance of a certificate of occupancy; and

   B.   Maintain drainageways not located on private property. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   The following activities are specifically exempted from the requirements of this article:

   A.   Home gardening or other minor clearing or excavation work not related to a change in land use;

   B.   Emergency repairs necessary for the preservation of life, health or property; and

   C.   Routine maintenance or repair work on public or private roads and rights of way or utility easements and rights of way. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   If any determination based upon provisions of this article is felt to be unreasonable or inapplicable, a developer or property owner may appeal such determination to the planning commission. Upon written request for the appeal which shall include all justifications and reasons for that appeal, the question will be heard at the next available meeting of the planning commission. The report and recommendations of the commission shall then be forwarded to the city council which may act to approve, deny or conditionally approve the appeal. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   The provisions of this article are considered reasonable and appropriate for regulatory purposes with respect to provision of stormwater and drainage system improvements and erosion control. This does not imply that compliance with the provisions herein shall relieve any person or persons of any duty or responsibility imposed by law; neither shall this section create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. 1086, 10-14-2008, eff. 10-14-2008)

   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   WIND ENERGY CONVERSION SYSTEM (WECS): Any device such as a wind charger, windmill or wind turbine, which converts wind energy to a form of usable energy. (Ord. 1089, 1-13-2009)

   A.   Filing Of Application And Fee: Any person who desires to place, erect or construct any WECS within the limits of the city shall make application to the planning commission for review. Such application shall include the following:

      1.   Property owner's name and address; applicant's name and address, if different from property owner.

      2.   Permit application shall be accompanied by standard drawings of the structural components of the WECS, including support structure, tower, base and footings. Drawings and any necessary calculations shall be certified in writing by a registered professional engineer to show that the system complies with the adopted building code. (Certification would normally be supplied by the manufacturer.) Where structural components or installation vary from the standard design or specification, proposed modifications shall be certified by a registered professional engineer for compliance with the structural design provisions of the adopted building code.

      3.   Permit application shall be accompanied by a line drawing identifying the electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the adopted electrical code. The application shall include a statement from a registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with said electrical code. (This certification would normally be supplied by the manufacturers.) All equipment and materials shall be used or installed in accordance with such drawings and diagrams. Where the electrical components of an installation vary from the standard design or specifications, proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with requirements of said electrical code and good engineering practices.

      4.   A plot plan showing property lines, easements, setback lines and the location and size of all existing structures on the property.

      5.   The proposed location of the WECS tower and all guywires on the subject property and their distance from all property lines.

      6.   The overall diameter of the blade to be utilized and the distance between the hub of the tower to ground level at the base of the tower.

      7.   Such application shall be accompanied by a fee of one hundred dollars ($100.00).

   B.   Hearings And Notification: The city planning commission shall hold one or more public hearings thereon. At least fifteen (15) days in advance, all owners of property located within two hundred feet (200') of the property shall be notified in writing of the purpose, time and place of said hearings. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official newspaper or newspaper of general circulation in the city.

   C.   Report To Council: The planning commission shall, within forty five (45) days of the date of application, transmit to the city council its report as to the effect of such proposed WECS upon the character of the neighborhood and other matters pertaining to the general welfare of the community, and the recommendation of the planning commission concerning the application. Thereupon, the city council may authorize or deny the issuance of a permit as requested. (Ord. 1089, 1-13-2009)

   A.   Standards, rules and regulations adopted for the purpose of implementing this article are as follows:

      1.   Lot area shall be a minimum of two and one-half (21/2) acres.

      2.   The general requirements of the international building code and national electrical code, as adopted, shall govern the construction of WECS structures, and the owner/operator shall comply with good operating practices.

      3.   All structural elements shall meet or exceed a designated wind load velocity of one hundred twenty (120) miles per hour, and all WECSs shall be equipped with manual and automatic overspeed controls. The WECS owner/operator shall comply with federal aviation administration notification requirements and any other applicable regulations.

      4.   WECS towers that are capable of being climbed shall be enclosed by a locked protective fence at least six feet (6') high, and other types of towers shall be unclimbable by design for the first twelve feet (12').

      5.   The WECS tower as measured from the base thereof to its highest point, to include height added by any blade in a vertical position, shall be set back from any structure and all property lines a distance equal to one hundred twenty percent (120%) of the total height of the tower.

      6.   The lowest point of the rotor blade arcs of a WECS shall be a minimum of twenty feet (20') above the ground. All WECSs in residential districts shall have rotors that are not longer than eighteen feet (18') or thirty six feet (36') in diameter, and in other districts shall have rotors that are not longer than forty feet (40') or eighty feet (80') in diameter.

      7.   When a WECS located within a commercial or industrial district abuts a residential district, the height of the WECS shall not exceed a maximum of one hundred feet (100') and no rotor shall exceed eighteen feet (18') in length or thirty six feet (36') in diameter; otherwise, provisions within the article shall apply.

      8.   WECSs on top of buildings shall be designed and constructed in conformance with good engineering practices and certified by a state professional engineer that the WECS is in compliance with good engineering practices. The WECS owner/operator shall comply with all federal and state regulations, including FCC regulations.

      9.   Noise level of WECS, measured at the property line, shall not exceed fifty five (55) dBA at a wind speed of not less than twenty five (25) miles per hour.

      10.   No part of the WECS, including the tower, anchors and guywires, shall be located within or over drainage, utility or other established easements, and shall be allowed only in rear yards of residential districts.

      11.   Anchor points of guywires supporting a WECS structure shall be enclosed by a six foot (6') high fence or shall be located within the confines of a yard which is completely fenced.

      12.   At least one sign shall be posted at the base of the WECS tower and shall contain a warning of high voltage, an emergency telephone number and emergency shutdown procedures.

      13.   No electromagnetic interference may be caused beyond the boundaries of the property in which the system is located.

   B.   The provisions set forth in this section shall be considered minimum requirements and shall not relieve any person from any duty imposed by law to use reasonable care and take reasonable precautions for the safeguarding of people and the protection of and noninterference of property rights. (Ord. 1089, 1-13-2009)

   Upon abandonment of a WECS or if it is in an operational condition which poses a potential safety hazard or is in violation of local, state or federal regulations, the owner/operator shall take expeditious action to remedy the situation. The city reserves the authority to abate any hazardous situation. If the hazardous condition or violation of regulations cannot be corrected with a reasonable amount of effort, then the city reserves the right to revoke the WECS permit and remove the system. The cost of removing the WECS shall be passed on to the owner/operator. If the city determines that the WECS has not been used for twelve (12) successive months, the WECS shall be considered abandoned. Abandoned WECS shall be removed within thirty (30) days of written notice to the owner/operator of the system. (Ord. 1089, 1-13-2009)