Table III.2: Use Table lists the uses permitted within all zoning districts. All uses are defined in section 22-257. Approval of a use listed in this article, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in this article and approved under the appropriate process is prohibited.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

The uses allowed in each of the zoning districts established in Table III.2: Use Table are defined as follows:

A.

Table symbology. Table III.2: Use Table is arranged according to the following symbols established in Table III.1: Use Table Symbology.

Table III.1: Use Table Symbology

B.

Use-specific regulations column. The "use-specific regulations" column provides a reference to associated standards for certain uses allowed by right and for conditional uses. Where a blank space is in the column, there is no associated standard. Where there is information in the column, there are associated use-specific regulations.

C.

Unlisted uses. If a proposed use is not specifically listed in Table III.2: Use Table, the director shall determine whether the use is allowed or not allowed after the applicant provides a detailed summary of the proposed project or use(s). This determination shall be based upon the similarity in nature and character to one or more uses that are listed in Table III.2: Use Table; however, the applicant shall bear the burden of proof for providing the necessary information for the director's determination.

1.

In making this determination, the director may consider whether the use has similar visual, traffic, environmental, parking, employment, and other impacts as an expressly listed use.

2.

The director may also refer to empirical studies or generally accepted planning or engineering sources (e.g., North American Industry Classification Manual (NAICS)) in making this determination.

3.

Unauthorized if prohibited. If the director determines that a proposed use does not fit within a given use type and is not functionally the same as an allowed, accessory, conditional, or temporary use, then the use is a prohibited use.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. This article shall follow the requirements established in Table III.2: Use Table.

B.

Use-specific standards. Use-specific standards are established in the following sections:

1.

Section 22-198.

2.

Section 22-199.

3.

Section 22-200.

4.

Section 22-201.

5.

Section 22-202.

6.

Section 22-203.

7.

Section 22-204.

C.

Accessory uses. Accessory uses standards are established in section 22-205.

D.

Temporary uses. Temporary uses standards are established in section 22-206.

E.

Use table. Uses are established in Table III.2: Use Table.

Table III.2: Use Table

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

Household Living Use-Specific Regulations

A.

Manufactured home.

1.

A manufactured home shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.

2.

A manufactured home shall conform to all applicable zoning regulations for its respective zoning district.

3.

A manufactured home shall have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the dwelling is proposed to be located, as determined by the most recent county certified tax appraisal roll.

4.

A manufactured home shall be securely fixed to a permanent foundation.

5.

A manufactured home shall be set on a solid slab structure and/or 18- to 20-inch runners.

B.

Multi-family dwelling (apartment).

1.

A multi-family dwelling (apartment) shall comply with the regulations established in division 4, section 22-214.F.

C.

Live-work unit.

1.

The "live" component may be located on the street level (behind the work component) or any other level of the building.

2.

The residential unit is occupied by the business owner or manager.

D.

Tiny home.

1.

A tiny home shall be securely fixed to a permanent foundation.

2.

A tiny home shall connect to water, wastewater, and electric utilities.

3.

A tiny home shall conform to all applicable zoning regulations for its respective zoning district.

4.

A tiny home shall meet the applicable zoning district's setbacks.

5.

All final plans and construction details for a tiny home shall be signed and sealed by a registered engineering professional and they shall comply with Appendix Q in the most-recently adopted version of International Residential Code.

6.

Final documents shall have the note: The city is not responsible for inspection liability.

E.

Townhouse.

1.

No townhouse building shall exceed eight units.

2.

Where possible, townhouses shall provide rear-entry parking.

3.

All parking shall be on the public right-of-way or shall provide rear entry parking garages where alley access exists.

F.

Mixed-use building.

1.

A single-story mixed-use building shall be allowed if the following standards are met.

a.

The nonresidential use fronts the street.

b.

The residential use is located behind the nonresidential use.

c.

The residential use does not exceed 50 percent of the total mixed-use building square footage.

2.

A multiple-story mixed-use building shall be allowed if the following standards are met.

a.

The first floor is primarily used for nonresidential uses.

b.

The first floor may incorporate residential uses but shall be limited to 25 percent of the square footage on the first floor.

c.

All residential parking is located at the rear of the site.

d.

The residential use does not exceed 75 percent of the total mixed-use building square footage.

Group Living Use-Specific Regulations

G.

Dormitory. A dormitory shall only be allowed in conjunction with an accredited college or university use.

H. Emergency and protective shelter. In addition to filing for a conditional use permit, an emergency and protective shelter must also meet the following requirements in addition to any other conditions the city commission may require:

1.

Ownership. The emergency and protective shelter shall be fully contained within a building owned and/or operated by a governmental agency or nonprofit organization.

2.

Location. An emergency and protective shelter shall not be located within 1,000 feet of a city park, public school, or residential property unless authorized by the city commission.

3.

Supervision. The operator of an emergency and protective shelter shall provide continuous, on-site supervision by an employee and/or volunteer during all hours of operation. Full-time security may be required as a condition of approval.

4.

Operations plan. Any organization proposing to establish an emergency and protective shelter shall provide a detailed operations plan specifying their target clientele, proposed operation expenses, funding, and staffing levels.

5.

Sales. No retail sales shall take place on the property of an emergency and protective shelter.

6.

Maximum occupancy. The city may set a maximum occupancy load for the emergency and protective shelter based on documented need.

7.

Inspection. The fire marshal and building official shall inspect the site before occupation and provide a letter noting the number of residents to be permitted.

8.

Permit. There shall be a permit from the health department on file at all times as applicable by state statute. In addition, the applicant is strongly encouraged to consult the health department and other pertinent health providers about measures that may be taken to prevent the spread of diseases like tuberculosis and other communicable diseases.

9.

Code of conduct. All emergency and protective shelters shall create and adopt a code of conduct that shall be enforced at all times. The code of conduct shall include, at a minimum, the following language:

a.

Possession or use of illegal drugs is not permitted on the premises.

b.

Alcohol is not permitted on the premises.

c.

Weapons are not permitted on the premises.

d.

Violence is not permitted on the premises.

e.

Fires are not permitted on the premises.

f.

Loitering in the surrounding neighborhood is not permitted.

g.

Littering on the premises or surrounding neighborhood is not permitted.

A copy of this code of conduct shall be provided to the city at the time of the conditional use permit request.

10.

Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

11.

Laundry facilities. The development may provide laundry facilities or laundry services adequate for the number of residents.

12.

Screening. The development shall provide screening as required for multi-family developments in section 22-212.

13.

Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Child care facilities.

e.

Other support services.

14.

Outdoor activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m.

15.

Staff assistance. Staff and services shall be available to assist residents in obtaining permanent shelter and income.

16.

Management plan. The operator of a shelter for the homeless shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

17.

Revocation. The city commission may revoke a permit issued under this section if it determines that the shelter is not operating in accordance with the terms of the permit.

18.

Exception. These regulations do not apply to a temporary emergency homeless shelter established immediately after a natural disaster that results in a local disaster proclamation by the city commission. Regulations for a temporary emergency homeless shelter are established in division 3, section 22-206.D.1.

I.

Rooming/boarding house.

1.

No more than 12 occupants (including any resident staff and family) shall occupy any rooming/boarding house at one time.

2.

The maximum length of stay for any guest is 14 consecutive days in any one calendar month.

3.

No meals shall be provided for guests on the premises.

4.

A rooming/boarding house shall not be located within 200 feet of any other rooming/boarding house.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

Afterlife Service Use-Specific Regulations

A.

Funeral services.

1.

Funeral services shall be located at least 100 feet from any residential district or use.

2.

Funeral services including cremation or embalming shall follow the additional requirements below.

a.

Prior to the issuance of a certificate of occupancy, the funeral services operator shall provide documentation of the issuance of all applicable federal, state, and local permits and provide all the equipment manufacturers' specifications for construction, installation, operation, and maintenance.

b.

Funeral services shall be constructed, installed, operated, and maintained in accordance with all manufacturer's specifications and all applicable federal, state, and local permits. City inspectors shall have the right to enter and inspect the operations to determine compliance with this provision.

c.

Each incinerator shall have a modern automated control panel and a dedicated natural gas meter.

d.

The height of the exhaust stack shall be a minimum of two feet above the roof line or other nearby obstruction to minimize downdrafts of the exhaust.

Animal Service Use-Specific Regulations

B.

Kennel.

1.

Local Commercial (C-1) District.

a.

A kennel shall not be located within 100 feet of any residential district.

b.

No outside runs are allowed.

2.

All other zoning districts.

a.

A kennel shall not be located within 250 feet of any residential district.

b.

Outside runs shall be operated only with an attendant present on the premises 24 hours a day.

c.

At a minimum, the animals shall be enclosed within a six-foot fence or wall to restrain animals from running at large.

C.

Veterinary.

1.

Transitional Agriculture (TA) District.

a.

A veterinary use may treat and house large animals (horses, cattle, etc.).

b.

A veterinary use shall be enclosed within a six-foot fence or wall or 48-inch barbed wire fence to restrain animals from running at large.

2.

Local Commercial (C-1) District.

a.

A veterinary use shall not be located within 100 feet of any residential district.

b.

No outside runs are allowed.

3.

All other zoning districts.

a.

A veterinary use shall not be located within 250 feet of any residential district.

b.

Outside runs shall be operated only with an attendant present on the premises 24 hours a day.

c.

At a minimum, the animals shall be enclosed within a six-foot fence or wall to restrain animals from running at large.

Assembly and Entertainment Use-Specific Regulations

D.

Commercial amusement (outdoor).

1.

Any commercial amusement (outdoor) use shall be located 500 feet from any residential district or use.

2.

Any commercial amusement (outdoor) use shall close by midnight.

3.

All exterior lighting for the purposes of illuminating the commercial amusement (outdoor) use or any accessory use shall not spill onto adjacent properties.

4.

Noise generated by the use shall not exceed 70 dBA at any residential property line between the hours of 10:00 p.m. and 8:00 a.m.

E.

Nightclub.

1.

A nightclub shall meet the minimum spacing requirements as provided in Title 37A of the Oklahoma State Statutes.

2.

Nightclub spacing requirements may be waived pursuant to O.S. § 37A-2-139.

Commercial Service Use-Specific Regulations

F.

Heavy equipment services and sales.

1.

Light Industrial (I-1) District.

a.

No heavy equipment services and sales use shall be located within 500 feet of any residential use or district.

b.

Outdoor display, storage, sales, or rental of heavy equipment shall be screened.

c.

Screening for heavy equipment shall be at least six feet tall and no taller than 12 feet.

d.

No outdoor display, storage, sales, or rental of heavy equipment shall be taller than the required screening unless located in the rear of the site. If located in the rear, outdoor display, storage, sales, or rental of heavy equipment shall not exceed 20 feet tall.

e.

No products for sale shall be displayed between the principal structure and the front property line.

Financial Service Use-Specific Regulations

G.

Pawnshop.

1.

No pawnshop shall be located within 250 feet of any residential district or school or religious land use.

2.

No pawnshop shall be located within 500 feet of any other pawnshop.

3.

No outdoor display or storage is allowed.

Lodging Use-Specific Regulations

H.

Bed and breakfast.

1.

A bed and breakfast is owner-occupied and managed at all times.

2.

The maximum number of rented bedrooms is five. However, a bed and breakfast may rent out more than five bedrooms if permitted by CUP.

3.

No cooking facilities are allowed in any of the bedrooms.

4.

A bed and breakfast shall meet all of the minimum requirements of the city-county health department and shall conform in all respects to the requirements of the fire code, building code, electrical code, and plumbing code.

5.

A bed and breakfast is responsible for the collection of the required city hotel/motel tax.

6.

All city-county health officers, building inspectors, the fire marshal and their assistants, and other code enforcement officials of the city shall have the right to go on any premises of a bed and breakfast during normal business hours for the purpose of verifying compliance with this subsection and all other applicable ordinances of the city.

I.

Short-term rental.

1.

A short-term rental is defined as the rental of an existing or otherwise permitted dwelling unit, or any portion thereof, for not more than 30 days, where the owner is engaged in a contract for the rental of that specific dwelling unit or any portion thereof.

a.

Application and approval of a conditional use permit is required before application of the license is approved.

b.

An annual short-term rental license may be issued to eligible applicants by the city. A short-term rental license is a privilege that may be denied, suspended, revoked, or not renewed.

c.

Short-term rental units shall only be utilized by those individuals who are renting said units, and then only for the purposes of overnight accommodation.

d.

Short-term rentals shall not adversely affect the residential character of the neighborhood, nor shall the use generate noise beyond what is allowed under city code, vibration, glare, odors, or other effects that unreasonably interfere with any person's enjoyment of their residence.

e.

A licensee or guest of a short-term rental shall not use or allow the use of sound equipment, amplified music, and musical instruments.

f.

A licensee or guest of a short-term rental shall not violate any parking ordinances of this Code. Suitable parking based on proposed occupancy must be available on-site, and the use of street parking as the primary guest parking is not allowed.

g.

Guest occupancy limits are established for each short-term rental.

h.

Anyone under the age of 18 is prohibited from renting a short-term rental.

i.

All short-term rental properties shall pay a license application fee and a license renewal fee, as noted in the city fee schedule.

j.

All short-term rental properties shall be inspected by the city annually.

k.

Short-term rental licenses shall not be transferrable.

l.

No person shall offer or engage in a short-term rental in or on any part of the property not approved for residential occupancy. Examples include, but are not limited to, a vehicle or RV parked on the property, storage shed, trailer, garage, or any temporary structure such as a tent.

2.

Short-term rental, residential; license required; compliance with applicable codes. Any fraud, material misrepresentation, or false statements contained in the attestations, required documentation, or correlating application material shall be grounds for immediate revocation of a short-term rental license. Furthermore, all requirements shall be continuously maintained throughout the duration of the permit. These requirements shall be verified as having been met through an annual inspection.

a.

No person shall manage or operate a short-term rental without an annual license, as provided herein, issued by the community development department.

b.

Licenses for short-term rental shall expire annually on the date the license was originally granted or immediately upon change of ownership. Licenses may be renewed annually upon filing a renewal application with the community development department.

c.

No license shall be issued or renewed until the applicant verifies that tax permits have been issued by the State of Oklahoma and provides evidence that all applicable collection of taxes will take place or is taking place.

d.

No license shall be issued or renewed where taxes are delinquent and are owed by the owner or operator of the property or if the property violates any section of this Code. No renewal shall be issued for a property deemed to breach this Code until such violation is resolved through final disposition of a prosecution filed in the municipal or district court or upon certification by the building code official that the property is in compliance with applicable codes.

e.

No short-term rental license shall be issued until a conditional use permit (CUP) has been approved by the city.

f.

No person shall offer or engage in a short-term rental without complying with applicable building and fire codes.

g.

Use of a short-term rental for any commercial events is prohibited. Each short-term rental shall comply with all applicable noise ordinances.

h.

The number of occupants at any given time in a short-term rental unit shall not exceed the number of beds.

3.

Suspension, revocation; notice and appeal; complaint process.

a.

A license issued may be suspended or revoked by the city for failure to pay applicable sales and/or occupancy taxes due or for violation of any section of this Code or state law.

b.

Failure to renew the short-term rental license annually will require a new license application to be submitted and charged the initial fee as described in the city fee schedule.

c.

A resident within 300 feet of the short-term rental may file a complaint with the city if they feel the short-term rental unit is noncompliant with the provisions of this division.

d.

No license shall be suspended or revoked until the owner has been accorded written notice of the violation(s) and administrative hearing with the city.

e.

The decision to suspend or revoke the license may be appealed to the city commission by filing notice thereof with the city clerk within ten days of said action.

4.

Covenants, deed restrictions; overlay requirements. This division or any section therein is not intended to be construed in derogation of, or in conflict with, any restrictive covenant, deed restriction, or lease agreement that may be applicable. This division or section therein shall be subject to any applicable overlay district or provision thereof or any zoning restriction unique to a particular area or parcel.

5.

Penalty. Violation of division 3, section 22-199.I. shall be deemed a class C offense. Each day a short-term rental is operated in violation of said section shall constitute a separate offense.

Restaurant and Bar Use-Specific Regulations

J.

Bar.

1.

A bar shall meet the minimum spacing requirements as provided in Title 37A of the Oklahoma State Statutes.

2.

Bar spacing requirements may be waived pursuant to O.S. § 37A-2-139.

K.

Brewpub.

1.

A brewpub shall meet the minimum spacing requirements as provided in Title 37A of the Oklahoma State Statutes.

2.

Brewpub spacing requirements may be waived pursuant to O.S. § 37A-2-139.

3.

Service bays for loading and unloading materials shall not face streets unless they are set back at least 50 feet from the street.

4.

The previous regulations do not apply to a brewpub located in the Downtown District.

5.

Service trucks for the purpose of loading and unloading materials and equipment or removing waste shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

6.

No outdoor storage is permitted, including parking and storage of vehicles associated with the business.

L.

Restaurant.

1.

Local Commercial (C-1) District and Mixed Use (MU) District.

a.

A restaurant with a drive-thru is only allowed by CUP.

b.

Drive-thrus shall follow the requirements established in division 3, section 22-205.E.3.

c.

Drive-thrus with individual service speakers shall not be permitted within 150 feet of any residential district unless the speaker is appropriately screened by a sound abatement system.

d.

Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.

2.

Regional Commercial (C-2) District.

a.

Drive-thrus.

i.

Drive-thrus are allowed and shall follow the requirements established in division 3, section 22-205.E.3.

ii.

Drive-thrus with individual service speakers shall not be permitted within 150 feet of any residential district unless the speaker is appropriately screened by a sound abatement system.

b.

Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.

3.

Downtown (DT) District.

a.

No drive-thrus are allowed.

b.

Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.

Retail Sales Use-Specific Regulations

M.

Grocery store.

1.

Local Commercial (C-1) District.

a.

No drive-thrus are allowed.

Vehicle Sales and Service Use-Specific Regulations

N.

Car wash.

1.

Local Commercial (C-1) District.

a.

A car wash shall not be located within 150 feet of any residential district.

b.

A car wash shall be closed for business between midnight and 6:00 a.m.

c.

All bays and overhead doors shall be oriented away from any residential district.

2.

All other zoning districts.

a.

A car wash shall not be located within 150 feet of any residential district.

b.

All bays and overhead doors shall be oriented away from any residential district.

O.

Heavy personal vehicle repair and maintenance.

1.

All heavy personal vehicle repair and maintenance activities shall take place within an enclosed space.

2.

A heavy personal vehicle repair and maintenance use shall be located 300 feet from any residential district or school use.

P.

Light personal vehicle repair and maintenance.

1.

All light personal vehicle repair and maintenance activities shall take place within an enclosed space.

2.

A light personal vehicle repair and maintenance use shall be located 150 feet from any residential district or school use.

Q.

Personal vehicle sales and rentals.

1.

A personal vehicle sales and rentals use shall be located 150 feet from any residential district.

2.

A personal vehicle sales and rentals use shall not be located within 300 feet of any other personal vehicle sales and rentals use.

3.

No more than 50 percent of the total building floor area may be used for related accessory uses such as retail sales, repair and service, and washing.

4.

Inventory spaces shall not count toward the minimum parking requirements.

R.

Service station.

1.

A service station shall not be located within 100 feet of any residential district unless screened by a screening device established in division 4, section 22-212.C.

2.

A service station including fuel pumps shall meet the following requirements and those regulations established in division 3, section 22-205.E.4.

3.

Any fuel pump island or other structure shall meet the zoning district's applicable minimum setbacks.

4.

All fuels shall be transferred from underground storage tanks by means of approved dispensing units located at least 15 feet from all property lines. All dispensers shall be protected from vehicle damage by rigidly mounting them in a concrete platform of at least six inches in height extending a minimum of 12 inches beyond the dispenser in all directions. When adequate protection is not provided by the concrete platform alone, additional safeguards shall be provided by a pipe bollard or guard rails.

5.

Underground tanks for the storage of flammable or combustible liquids shall be located at least five feet from any wall, foundation, or property line. The top of the flammable liquid tanks shall be below the lowest floor elevation of any building within 20 feet of the tanks.

6.

All service station canopies constructed shall be constructed with a minimum vertical clearance of 15 feet.

7.

All canopies shall be set back at least 15 feet from all property lines.

8.

Service stations shall not allow automobiles, which are inoperative or are being repaired, to remain outside such service station for a period greater than seven days.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

All marijuana uses shall comply with all applicable city, county, State of Oklahoma, and federal regulations and permit requirements prior to approval, including the requirements provided in Title 63 of the Oklahoma State Statutes.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

Wholesale, Distribution, and Storage Use-Specific Regulations

A.

Self-service storage facility.

1.

Access.

a.

The self-service storage facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials.

b.

A self-service storage facility shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access.

2.

Storage.

a.

A self-service storage facility unit shall not be used for the storage of explosives, ammunition, or hazardous or flammable materials.

b.

Self-service storage facility units shall be used solely for the purpose of storage of goods and possessions and shall not be used for the operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit.

c.

No outdoor storage is permitted in the Regional Commercial (C-2) District.

d.

Outdoor storage may be allowed within [the] Light Industrial (I-1) District in approved on-site areas for vehicles and recreational equipment if they are covered by an awning or canopy structure.

3.

Accessory office.

a.

The self-service storage facility may include accessory on-site offices and living quarters.

b.

These accessory spaces shall not exceed more than 3,000 square feet.

Recycling Use-Specific Regulations

B.

Recycling facility.

1.

A recycling facility shall comply with all applicable county, State of Oklahoma, and federal regulations and permit requirements prior to approval.

2.

A recycling facility shall be located at least 500 feet from any residential use or district.

3.

A recycling facility shall be located on at least ten acres.

C.

Salvage yard.

1.

A salvage yard shall be located at least 500 feet from any residential use or district.

2.

No hazardous wastes or hazardous materials shall be accepted or deposited at any salvage yard, except as incidental to the salvage operation.

3.

Salvage operations shall be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements.

4.

Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 7:00 a.m. and 9:00 p.m.

5.

Screening shall be provided for all disabled or damaged vehicles, tools, and equipment.

6.

Screening for disabled or damaged vehicles, tools, and equipment shall be constructed and be at least six feet tall.

7.

No screening wall shall exceed 12 feet tall.

8.

In no instance shall any disabled or damaged vehicles, tools, or equipment be stacked higher than the required screening wall.

D.

Solid waste facility.

1.

A solid waste facility shall comply with all applicable county, State of Oklahoma, and federal regulations and permit requirements prior to approval.

2.

A solid waste facility shall be located at least 1,000 feet from any residential use or district.

3.

A solid waste facility shall be located on at least ten acres.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

Infrastructure Use-Specific Regulations

A.

Wireless communication facility.

1.

Generally.

a.

The Telecommunications Act of 1996, as amended (the Telecommunications Act) grants the Federal Communications Commission (FCC) jurisdiction over certain aspects of telecommunications services.

b.

This subsection intends to regulate cell towers, telecommunications facilities, and antennas in the city in conformance with the Telecommunications Act without prohibiting or intending to prohibit any person from providing wireless communications services.

c.

It is the policy of the city to minimize the number of towers and to encourage the collocation of antennas of more than one wireless services provider on a single tower.

d.

Telecommunications facilities, towers and antennas in the city shall be constructed in a way to:

i.

Protect residential areas and land uses from potential adverse impact through careful design, siting, and camouflaging;

ii.

Promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers;

iii.

Avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound; and

iv.

Ensure that towers and antennas are compatible with surrounding land uses.

2.

Location of towers, construction standards and collocation.

a.

Towers may be allowed by-right or require conditional use permit approval on land in those zoning districts where specified in Table III.2: Use Table.

b.

No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the city prior to approval of its application and issuance of the permit by the city. Applicants shall submit their application and shall pay a filing fee in accordance with the city's fee schedule.

c.

All towers, telecommunications facilities and antennas on which construction is commenced within the zoning jurisdiction of the city after the effective date of this UDC, shall conform to the building code and all other construction standards set forth in the Shawnee City Code, federal and state law, and applicable industry standards.

d.

Upon tower construction completion and prior to the commencement of the use, an engineer's certification that the tower is structurally sound and complies with all of the applicable requirements of this subsection shall be filed with the director.

3.

Application to develop a tower. Prior to commencement of development or construction of a tower, an application shall be submitted and include the following:

a.

The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants.

b.

The legal description and address of the tract of land on which the tower is to be located.

c.

The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one-mile radius of the location of the proposed tower, including publicly and privately owned towers or structures.

d.

An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure within a one-mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure within a one-mile radius of the proposed tower location.

e.

Written evidence from an engineer that the proposed tower will meet the building code, all other construction standards set forth by the Shawnee City Code and federal and state law and applicable industry standards.

f.

Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.

g.

A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning district, adjacent land uses and zoning districts (including when adjacent to other municipalities or the county), adjacent roadways, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed tower and any other structures, topography, landscaping, fencing, and finished color, method of camouflage and illumination, parking, utility runs and other information deemed necessary to assess compliance with this subsection.

h.

A clear and complete written statement of purpose which shall minimally include:

i.

A description of the objective to be achieved;

ii.

A to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and

iii.

Full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

These materials shall be reviewed and signed by a professional engineer.

i.

Descriptions and diagrams of the proposed tower, telecommunications facilities and antennas, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.

j.

An application for a building permit.

4.

Tower procedure. After receipt of an application for a tower, the city clerk may schedule a public hearing as specified in division 6, section 22-223.E.

5.

Preferred tower locations.

a.

All new towers are permitted only after application of the following siting priorities, ordered from most-preferred (i) to least-preferred (v):

i.

Industrial zoning districts;

ii.

Commercial zoning districts;

iii.

Other nonresidential zoning districts;

iv.

Parcels of land in residential zoning districts;

v.

Designated historic districts.

b.

The applicant for a tower shall address these preferences in an alternative sites analysis prepared pursuant to [subsection] 6. below.

6.

Alternative sites analysis.

a.

For a tower, the applicant must address the city's preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. The city's tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three higher ranked, alternative sites considered that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

b.

A complete alternative sites analysis provided under this subsection may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three potentially available, higher ranked, alternative sites.

c.

For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant's service coverage or capacity objectives the applicant will provide:

i.

A description of its objective, whether it be to address a deficiency in coverage or capacity;

ii.

Detailed maps or other exhibits with clear and concise radio frequency ("RF") data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and

iii.

A description of why the alternative (collocation or a more preferred location) does not meet the objective.

7.

Setbacks and separation requirements.

a.

All towers up to 50 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district.

b.

Towers in excess of 50 feet in height shall be set back one additional foot for each foot of tower height in excess of 50 feet, except where that setback is from property owned, controlled and/or maintained by the city and the city finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property.

c.

The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto.

d.

Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located.

e.

Towers exceeding 100 feet in height shall not be located in any residential zoning district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of 200 feet or 100 percent of the height of the proposed tower, whichever is greater.

f.

Towers of 100 feet or less in height may be located in residential zoned districts provided that tower is separated from any residential structure, school, religious land use, and/or occupied structures other than those utilized by the tower owner, by a minimum of 100 percent of the height of the proposed tower.

g.

Towers must meet the following minimum separation requirements from other towers:

i.

Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of 750 feet.

ii.

Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of 1,500 feet.

8.

Illumination and security fences.

a.

Towers shall not be artificially lit except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300 percent of the height of the tower, any tower subject to this subsection shall be equipped with lighting that minimizes its effect on residential zoned properties.

b.

All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure.

9.

Exterior finish, notice, signs and visual impact.

a.

Exterior finish. Towers shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the city as part of the application approval process.

b.

Signs. No tower shall bear any sign other than signs required by law or expressly permitted or required by the city.

c.

Visual impact. All towers are encouraged to be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the tower.

10.

Landscaping. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the UDC.

11.

Maintenance, repair or modification of existing towers.

a.

All towers constructed or under construction before the effective date of the UDC may continue in existence as a nonconforming structure and may be maintained or repaired without complying with any of the requirements of this UDC.

b.

Nonconforming structures or uses shall not be enlarged or the degree of nonconformance increased without complying with this UDC, including applying for and obtaining a permit for a tower.

c.

Any modification or reconstruction of a tower constructed or under construction after the effective date of the UDC, shall require compliance with the requirements of this UDC, including applying for and obtaining a permit for a tower. That application shall describe and specify all items that do not comply with this UDC and may request, subject to approval by the city, an exemption from compliance as a condition of the permit.

12.

Inspections.

a.

The city reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities, and antennas upon reasonable notice to the tower owner or operator to determine compliance with this subsection and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the building code and any other construction standards set forth in the Shawnee City Code, federal and state law or applicable industry standards.

b.

If, upon inspection, the city concludes that a tower, antenna support structure, telecommunications facilities, or antennas fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner, the owner shall have 60 days to bring such into compliance with the codes and standards. Failure to comply within 60 days shall constitute grounds for removal at the owner's expense.

13.

Maintenance. The towers, antenna support structures, telecommunications facilities, and antennas shall at all times be kept and maintained in good condition, order and repair so that the same do not constitute a nuisance to or a danger to the life or property of any person or the public.

14.

Abandonment. If any tower ceases to be used for a period of one year, the city shall notify the tower owner that the site will be subject to a determination by the director that the site has been abandoned. Upon issuance of a notice by the director, the tower owner shall have 30 days to show by a preponderance of evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the director shall issue a final determination of abandonment of the site and the tower owner shall have 75 days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the director and a written request shall be directed to the city attorney to proceed to abate the public nuisance pursuant to the Shawnee City Code, and charge the costs against the property on which the tower is located or the owner of record of the that property.

15.

Certificate of completion, compliance and appearance.

a.

A certificate of completion will only be granted upon satisfactory evidence that the tower was installed in substantial compliance with the approved plan/permit.

b.

If it is found that the tower does not substantially comply with the approved plan/permit, the applicant shall make any and all such changes required to bring the tower into compliance promptly.

c.

The site and tower, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plan/permit.

d.

If any FCC, state or other governmental license or any other governmental approval to provide communication services is ever revoked as to any tower site permitted or authorized by the city, the permittee must inform the city of the revocation within 30 days of receiving notice of that revocation.

B.

Freestanding towers. Freestanding towers must comply with the requirements specified in [subsection] A. above.

C.

Building- or tower-mounted antennas. Building- or tower-mounted antennas must comply with the requirements specified in [subsection] A. above.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Firearm range.

1.

A firearm range shall only be allowed in an enclosed building.

2.

A firearm range must be located at least:

a.

Five hundred feet from any use established in the public, civic, and institutional use category unless the firearm range is exclusively for training government or U.S. military personnel.

b.

One thousand feet from any residential use.

3.

Firearm shooting lanes must be designed in an orientation where projectiles are fired away from public roadways.

4.

The applicant shall provide written documentation that the proposed target backstops conform to the standards for indoor ranges per the Environmental Protection Agency (EPA).

5.

A firearm range shall meet all federal and state regulations regulating firearms and any associated facilities.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Agritainment.

1.

Noise shall not exceed 70 decibels at the property boundaries.

2.

An agritainment use shall provide sanitary and waste services for participants and spectators.

3.

An agritainment use shall provide paved emergency medical services and fire lanes as part of the facility's operations.

4.

The fire lane shall be at least 28 feet wide.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Purpose. This section authorizes the establishment of accessory uses and buildings that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards established in this section. All principal uses allowed in a zoning district shall be deemed to include those accessory activities typically associated with the use, unless specifically prohibited in this section.

B.

Approval procedure.

1.

Generally. Any of the accessory uses identified in this article may be allowed as an accessory to an authorized principal use provided that:

a.

The proposed accessory use is allowed as a principal or accessory use in the base district where proposed; and

b.

The proposed accessory use or building is consistent with the general and specific standards for accessory uses in this section.

2.

Simultaneously with a principal use. Accessory uses or buildings may be reviewed as part of the review of an associated principal use. In cases where the principal use is subject to a conditional use permit, an accessory use may only be authorized in accordance with an approved conditional use permit.

3.

Subsequent to a principal use.

a.

Unless exempted, a building permit shall be required in cases where an accessory use or building is proposed subsequent to a principal use.

b.

In cases where the principal use is subject to a conditional use permit, an accessory use may only be authorized in accordance with the provisions in division 6.

C.

Interpretation of unidentified accessory uses. The director shall evaluate applications for accessory uses that are not identified in this article on a case-by-case basis, based on the following standards:

1.

The definition of "accessory use" in division 10, and the general accessory use standards and limitations established in this section;

2.

The purpose and intent of the base districts in which the accessory use is located;

3.

Potential adverse effects the accessory use or building may have on other lots, compared with other accessory uses permitted in the district; and

4.

The compatibility of the accessory use with other principal and accessory uses permitted in the district.

D.

General standards for all accessory uses. All accessory uses and buildings shall be subject to the general standards in this section, as well as any applicable supplemental standards in subsection E. and all standards applicable to the associated principal use as set forth in division 3.

1.

Size. All accessory uses shall:

a.

Be clearly subordinate in area, extent, and purpose to the principal use or structure; and

b.

Not violate the bulk, density, parking, landscaping, or open space standards of this UDC when taken together with the principal use or structure.

c.

The floor area of any detached accessory building shall not exceed 50 percent of the floor area of the principal structure. The total combined floor area of all buildings shall not exceed the maximum lot coverage for the zoning district in which it is located. The director may authorize a building to exceed this percentage if the building is used for animal production or crop production associated with an agricultural use.

2.

Function. All accessory uses shall directly serve the principal use or building, and be accessory and clearly incidental to the principal use or building.

3.

Timing. Accessory uses shall not be constructed or established prior to the start of construction of the principal use or building. An accessory building shall not be used until the construction of the primary building is complete.

4.

Height. Accessory buildings shall be limited to a maximum height of 18 feet unless exempted from the height requirements in this UDC.

5.

Location.

a.

Accessory uses or buildings shall be located on the same lot as the principal use or building.

b.

Accessory buildings shall not be located within platted or recorded easements.

c.

Accessory buildings shall be set back at least five feet from any side lot line and ten feet from any rear lot line.

d.

The director may authorize an accessory building on a vacant lot if the structure is used for animal production or crop production associated with an agricultural use, or used in conjunction with a park.

E.

Accessory use-specific regulations.

1.

Accessory dwelling unit (ADU).

a.

The property owner must reside in either the principal structure or the ADU.

b.

Only one ADU is allowed per lot in conjunction with a single-family house.

c.

An instrument shall be recorded with the county clerk's office covenanting that the structure is being established as an accessory dwelling unit and may only be used under these expressed conditions.

d.

The ADU shall only be located in the rear yard.

e.

The living space of the ADU shall not exceed 900 square feet.

f.

The footprint of a single-story detached accessory dwelling shall not exceed 50 percent of the first floor area of the principal structure.

g.

The footprint of a two-story detached accessory dwelling shall not exceed 40 percent of the first floor of the principal structure.

h.

The ADU shall be of similar style, design, and material color and used for the principal structure and shall use similar architectural characteristics, including roof form and pitch, to the existing principal structure.

i.

The ADU must provide at least one off-street parking space.

j.

A separate driveway providing exclusive access to the ADU from a road shall not be allowed unless problematic, lot-specific circumstances exist which require approval from the director.

2.

Donation and collection bin.

a.

A donation and collection bin shall meet all required zoning district setbacks.

b.

A donation and collection bin may be located in parking spaces as long as the required parking minimums are met.

c.

The maximum size for a donation and collection bin is 40 square feet.

d.

The maximum height for a donation and collection bin is five feet.

3.

Drive-thru.

a.

All drive-thru facilities are set back five feet from any property line.

b.

All drive-thru facilities shall accommodate the required stacking standards.

c.

A drive-thru lane is required on site.

d.

The drive-thru lane is at least ten feet wide.

e.

The drive-thru lane provides at least three vehicle stacking spaces before the drive-thru window.

f.

Vehicle stacking spaces shall be ten feet wide by 20 feet long.

4.

Fuel pump(s).

a.

All fuel pumps shall not be located within 150 feet of a residential district.

b.

All fuel pumps shall set back at least 15 feet from all property lines.

5.

Home occupation.

a.

No exterior alterations of the structure shall be made that are of a nonresidential nature or that change the character of the residence.

b.

No trading in merchandise shall be carried on and there shall be no display of merchandise.

c.

No mechanical equipment shall be used or activity conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the home occupation is conducted.

d.

Outside storage or display of materials or items associated with the home occupation shall be prohibited.

e.

A home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.

f.

The use shall be conducted entirely within the main or accessory building.

g.

No home occupation shall cause excessive traffic. Excessive traffic shall be considered more than ten vehicle trips per day in accordance with the most current addition of the Trip Generation Manual, published by the Institute of Traffic Engineers.

h.

All associated parking shall be accommodated on the property upon which the home occupation is conducted. All parking areas shall be hard surfaced as either concrete, asphalt, or pervious pavement.

i.

The total square footage of the home occupation shall not occupy more than 30 percent of the structure within which it is conducted.

j.

Any type of repair or assembly of vehicles or equipment with internal combustion engine or of large appliances or any other work related to automobiles shall not be visible from the street.

k.

A home occupation shall not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

6.

Outdoor display.

a.

Outdoor display shall be designated on an approved site plan.

b.

Outdoor display is limited to five percent of the total lot area or 20 percent of the primary building's gross floor area, whichever is more restrictive.

c.

Outdoor display shall be placed within ten feet of the front facade of the primary building and shall not exceed eight feet in height.

d.

If the items are placed on a sidewalk or other pedestrian area, a six-foot-wide pedestrian path must be maintained through and adjacent to the outdoor display area. The pedestrian path must be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, easements, maneuvering aisles, customer pick-up lanes, and loading zones.

e.

The temporary storage of merchandise for display and sale during a sidewalk sale shall not be prohibited. A four-foot-wide clearance shall be provided along the public sidewalk.

7.

Outdoor storage.

a.

Outdoor storage shall be designated on an approved site plan.

b.

Outdoor storage shall not be placed:

i.

Within any required setbacks.

ii.

Within parking spaces, fire lanes, easements, maneuvering aisles, or loading areas.

iii.

On the roof of any structure.

iv.

To exceed the required screening height.

v.

At the front of any primary building.

c.

Outdoor storage is limited to five percent of the total lot area or 20 percent of the primary building's gross floor area, whichever is more restrictive.

d.

Outdoor storage shall comply with division 4, section 22-212.C.

e.

Outdoor storage items shall be stored on a paved surface, and associated access and maneuvering drives shall be constructed of a paved surface, except for in the TA, I-1, and I-2 zoning districts where items, may be placed on a gravel surface or similar permeable surface.

8.

Service bay(s).

a.

All service bays within 100 feet of a residential district shall face away from adjacent residential districts unless separated by a building or permanent architectural feature of minimum height matching the height of the service bays.

b.

Service bays shall orient away from street frontage.

9.

Storm shelter.

a.

Storm shelters shall not be constructed in any public utility, drainage, public right-of-way, or roadway easement or right-of-way, and shall comply with all applicable FEMA and ICC standards.

b.

Storm shelters may be constructed in the rear or side yard.

c.

Underground storm shelters may be constructed provided that a five-foot side yard is maintained from the side property lines.

d.

Underground storm shelters shall not have any projection to include backfill, cover, hatches, stairs, or vent pipes exceeding 12 inches above grade in height, with measuring the point to be 12 inches from any side or radius of the constructed shelter.

e.

Above-ground storm shelters, constructed in the rear or side yard, must comply with the requirements of this section.

10.

Wind energy conversion system.

a.

Purpose. In order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community, the purpose of this section is to regulate the private use of wind energy conversion systems for the production of electricity for use on a lot.

b.

Standards. All wind energy conversion systems are subject to and must comply with the following provisions:

i.

Setbacks. Minimum setbacks for wind turbines shall be:

(A)

A minimum of 1.1 times the total extended height of the wind turbine—as measured from the average ground level of the lot to the uppermost part of the wind turbine—from the project property lines.

(B)

Guy wire anchors may not extend closer than ten feet from any property line.

ii.

Number per lot or parcel. A maximum of two wind turbines per lot or parcel is permitted on lots or parcels less than one-half acre in size; a maximum of four wind turbines per acre are permitted on lots or parcels at least one-half acre in size.

iii.

Height. Subject to the above-referenced setback requirements, the maximum total extended height of tower-mounted wind energy conversion systems—as measured from the average ground level of the lot to the uppermost part of the wind turbine—is 35 feet on parcels less than five acres in size and 70 feet on parcels five acres or greater. If roof-mounted, the extended height shall not exceed ten feet above the roof ridge and in no case be higher than 35 feet.

iv.

Lighting. Wind system towers shall not be artificially lit unless required, in writing, by the FAA or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA.

v.

Access. All tower-mounted wind energy conversion systems must comply with the following provisions:

(A)

The tower shall be designed and installed so that there shall be no exterior step bolts or a ladder on the tower readily accessible to the public for a minimum height of 12 feet above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed; and

(B)

All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

vi.

Rotor safety. All wind turbines shall comply with the following rotor safety requirements.

(A)

Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shutoff switch shall be included with the installation.

(B)

The minimum distance between the ground and any protruding blades utilized on a private wind turbine shall be ten feet, as measured at the lowest point of the arc of the blades.

(C)

All blades of a wind turbine are required to be within a shroud.

vii.

Noise. All wind turbines shall comply with these noise requirements and restrictions. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application.

(A)

No wind energy conversion system or combination of wind energy conversion systems on a single lot or parcel shall create noise that exceeds a maximum of 35 decibels (dBA) at any property line where the property on which the wind energy conversion system(s) is located or the abutting property is less than one acre; or, a maximum of 50 decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for or averaged with non-operating periods.

(B)

Any wind energy conversion system(s) exceeding these levels shall immediately cease operation upon notification by the building official and may not resume operation until the noise levels have been reduced and verified by an independent third-party inspector, approved by the building official, at the property owner's expense. Upon review and acceptance of the third-party noise level report, the building official will allow the operation of the affected wind energy conversion system(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by the building official after a period established by the building official.

viii.

Aesthetics and maintenance.

(A)

Appearance. Wind turbines, unless subject to any applicable standards of the FAA, shall be a non-obtrusive color such as tan, sand, gray, black, or similar colors. The painting or coating shall be kept in good repair for the life of the wind turbine. In addition, any changes to the approved color shall result in notification by the building official that the affected wind turbine(s) shall cease operation until a color correction has been made. If the affected wind turbine(s) are not repainted using an approved color within the period established by the building official, the owner shall remove the affected wind energy conversion system(s).

(B)

Electrical wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.

(C)

Maintenance. Wind turbines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards.

ix.

Signs. Only one sign is allowed on the wind turbine and it shall not exceed one square foot in size.

x.

Compliance with FAA regulations. All wind turbines shall comply with applicable FAA regulations, including any necessary approvals for installations.

xi.

Certified safe. An Oklahoma professional engineer sealed drawing or statement shall accompany a building permit application confirming that the wind energy conversion system(s) has been designed and is planned to be constructed in accordance with accepted industry standards and certified safe.

c.

Repair and removal of wind turbines.

i.

Any wind turbine found to be unsafe by the building official or fire department shall immediately cease operation upon notification by the building official or fire department and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months. Wind turbines that are not operated for a continuous period of 12 months shall be removed by the owner of the wind turbine.

ii.

When a wind turbine is removed from a site, all associated and ancillary equipment, batteries, devices, structures, or support(s) for that system shall also be removed. For the purposes of this section, non-operation shall be deemed to include, but shall not be limited to, the blades of the wind turbine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the wind turbine is no longer connected to the public utility electricity distribution system.

d.

Mounting of wind turbines. Attachment of the wind turbine, including any support or structural components, to any building or structure shall be in strict compliance with building codes and fire codes. Galvanized steel or metal is the acceptable system for the support structures.

e.

Compliance with regulations.

i.

All wind energy conversion systems shall comply with applicable fire codes and building codes.

ii.

All standards and regulations under this subsection and other applicable fire and building codes are mandatory. Once wind turbines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the wind turbine(s) does not comply with the provisions of this section, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more wind turbines.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this section and are discontinued upon the expiration of a set time period.

B.

Approval procedure. Any use listed in this article may be permitted as a temporary use provided:

1.

Where indicated in Table III.2: Use Table; and

2.

The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this section.

C.

General standards for all temporary uses. All temporary uses or structures shall meet the following general requirements unless otherwise specified in this UDC:

1.

The temporary use or structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

2.

The temporary use shall comply with all applicable general and specific regulations of this article unless otherwise expressly stated.

3.

Permanent alterations to the site are prohibited.

4.

All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or the permit expires, whichever occurs first.

5.

Temporary permits for construction yards, field offices, and batching plants and conditional use permits for regulating temporary buildings shall be issued for a period of time not to exceed 12 months. Temporary permits for itinerant vendors/transient street vendor and seasonal roadside stands shall be issued for a period of time not to exceed three months. Extensions may be granted by the city commission. Upon due notice and hearing before the city commission, any such permit may be revoked if the city commission finds the use of the building or structure is contrary to the intent of this UDC or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

6.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

7.

The temporary use regulations of this section do not exempt the applicant or operator from any other required permits, such as health or building permits.

8.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use or at the expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

9.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

10.

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the director or fire marshal, including fire rating.

11.

Off-street parking shall be adequate to accommodate the proposed temporary use.

D.

Temporary use-specific regulations.

1.

Emergency homeless shelter.

a.

A temporary emergency homeless shelter may operate for a maximum of 45 days.

b.

The city manager may extend that period for additional periods of 45 days each upon approval of the city commission.

2.

Itinerant merchant/transient street vendor.

a.

Any itinerant merchant/transient street vendor shall comply with the regulations established in chapter 8, article III.

3.

Seasonal roadside stand.

a.

No seasonal roadside stand shall be closer than ten feet to the right-of-way.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)