Stillwater City Zoning Code

ARTICLE V

- USE CATEGORIES AND LIMITATIONS

Sec. 23-95. - Principal use category classification.

The identification and classification of all uses of land or buildings permitted in the city are grouped into use categories. These uses are further described in the various zoning categories throughout this chapter. Any ambiguity as to a use or category shall be resolved by referring to the North American Industrial Classification System (NAICS), published in 2002. It shall be the duty of the development services director, or designee, to classify any use not specifically listed for the purpose of designating the zoning district wherein such use may be located.

(Ord. No. 3023, § 1(23.95), 3-3-2008)

Sec. 23-96. - Definitions.

Individual uses are defined as follows:

Accommodation means establishments that provide customers with lodging on a transient basis, including hotels, motels, bed and breakfasts and shelters.

Adult business means a specific range of establishments that provide customers with products, services, materials, entertainment venues, or activities as set forth in section 23-245(a).

Agriculture, forestry, fishing and hunting means establishments primarily engaged in growing crops, raising animals, harvesting timber, and harvesting fish and other animals from a farm, ranch, or their natural habitats. These establishments are often described as farms, ranches, dairies, greenhouses, nurseries, orchards, or hatcheries.

Animal and pet keeping services means establishments that operate facilities to meet the needs of animals and pet keeping, such as animal clinics, vet hospitals, kennels, and stables.

Arts and entertainment means a wide range of establishments that operate facilities or provide services to meet varied cultural and entertainment interests of their patrons; this category is comprised of establishments that are involved in producing, promoting, or participating in live performances, events or exhibits intended for public viewing and those establishments that preserve and exhibit objects and sites of historical, cultural, or educational interest.

Beverage services means establishments that provide customers with beverages for immediate consumption; the primary revenue of such establishments is derived from the sale of beverages.

Boardinghouse/roominghouse means a building where, for compensation and by prearrangement for definite periods, sleeping and living quarters, and/or meals (but not individual cooking facilities) are provided to three or more, but not exceeding 40 persons.

Chemical manufacturing means establishments engaged in the transformation of organic and inorganic raw materials by a chemical process and the formulation of products.

Child and adult care services means licensed establishments engaged in providing day services and/or treatment for adults or children, but not residential service. These are more specifically identified as family child care home, large child care home, and child care centers.

Churches and religious institutions means establishments engaged in providing church and religious services and activities.

Collocation means the mounting or installation of transmission equipment on an existing telecommunications tower or other support structure for the purpose of transmitting and/or receiving radio frequency signals for providing telecommunications services.

Communication services mean businesses, facilities or establishments which house or operate networked computers and data and transaction processing equipment and support equipment, including, without limitation, power and cooling equipment, used to provide data and transaction processing services, including, without limitation, all activities described by category 518210 of the North American Industrial Classification System (NAICS), as published in 2002 and all subsequently published iterations; provided also that this category shall include all facilities for ancillary office, administrative, or utility service uses involved in or related to any services or activities described in this category, whether taking place in the same or appurtenant buildings, facilities, or structures, including without limitation electrical substations.

Computer and electronic product manufacturing and electrical equipment, appliance, and component manufacturing means establishments engaged in the manufacture of computers, computer peripherals, communications equipment, and similar electronic products and components for such similar electronic products, or the manufacture of products that generate, distribute and use electrical power.

Construction means establishments engaged in the residential and nonresidential construction of buildings, in heavy and civil engineering, and in specialty trade contracting such as building equipment contractors.

Conventional single-family, detached or zero lot-line means one dwelling unit, freestanding and structurally separated building, located on a lot or building site that is unoccupied by any other dwelling unit or principal structure.

Educational services, establishments, educational institutions and educational facilities mean establishments that provide instruction and training in a wide variety of subjects and by specialized establishments such as schools, colleges, universities, and training centers which may be privately owned and operated for profit or not for profit, or they may be publicly owned and operated.

Financial institutions and services means establishments engaged in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or in facilitating financial transactions.

Food, beverage and tobacco product manufacturing means establishments that transform livestock and agricultural products into products for intermediate or final consumption and are distinguished by the raw materials processed into food products; manufacturing of beverages and tobacco products in the following establishments:

(1)

Those that manufacture nonalcoholic beverages;

(2)

Those that manufacture alcoholic beverages through the fermentation process;

(3)

Those that produce distilled alcoholic beverages;

(4)

Those engaged in redrying and stemming tobacco; and

(5)

Those that manufacture tobacco products such as cigarettes and cigars.

Food services means establishments that provide customers with meals or snacks for immediate consumption; the primary revenue of such establishments is derived from the sale of food.

Freestanding self-service facilities means any self-service use including, but not limited to, automatic bank teller machines, postal vending and depository facilities, or newspaper vending machines, which are located in freestanding structures devoted solely to such use either on a separate lot or as an accessory use within a complex of buildings.

Furniture and related product manufacturing means establishments that make furniture and related articles such as mattresses, window blinds, cabinets, and fixtures using processes such as cutting, bending, molding, laminating, and assembly of such materials as wood, metal, glass, plastics, and rattan.

Health care and social assistance means establishments providing health care and social assistance for individuals on a continuum starting with those establishments providing medical care exclusively, continuing with those providing health care and social assistance, and finally with those providing only social assistance; this category includes nursing and residential care facilities, ambulatory surgical care facilities, and hospitals.

Information means establishments engaged in printing and publishing industries and in telecommunications.

Leather and allied product manufacturing means establishments that transform hides into leather by tanning or curing and fabricating the leather into products for final consumption.

Machinery part manufacturing means establishments that create end products that apply mechanical force, such as the application of gears and levers, to perform work. Although processes are similar to fabricated metal products manufacturing, this machinery manufacturing typically employs multiple metal forming processes.

Manufactured home means that term as defined in section 23-7.

Medical marijuana commercial grower means a grower as defined in Title 63 Oklahoma Statutes and applicable Oklahoma Department of Health or other regulatory agency rules and regulations. Commercial grower operations can be either indoor or outdoor operations.

Medical marijuana dispensary means a retailer as defined in Title 63 Oklahoma Statutes and applicable Oklahoma Department of Health or other regulatory agency rules and regulations.

Medical marijuana processing means a process or processor as defined in Title 63 Oklahoma Statutes and applicable Oklahoma Department of Health or other regulatory agency rules and regulations.

Mining establishments means establishments that extract naturally occurring mineral solids, including but not limited to coal and ores; liquid minerals, including but not limited to crude petroleum; and gases, including but not limited to natural gas. The term "mining establishments" includes quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), and other preparation customarily performed at the mine site, or as a part of mining activity.

Miscellaneous manufacturing means businesses that make a wide range of products not otherwise classified.

Mixed use means one or more dwelling units located, in the rear or second floor, in a building in which the first floor is utilized primarily by a commercial use at the building front or storefront, and where such commercial use is permitted in the zoning district.

Modular home means that term as defined in section 23-7.

Mobile home means that term as defined in section 23-7.

Multifamily means three or more dwelling units contained within one building that is freestanding and structurally separated from any other building or group of dwelling units but are located on the same lot.

Nonmetallic mineral product manufacturing means establishments that transform mined or quarried nonmetallic minerals, such as sand, gravel, stone, clay, and refractory materials, into products for intermediate or final consumption. Processes used include grinding, mixing, cutting, shaping, and honing; heat is often used in the process and chemicals are frequently mixed to change the composition, purity, and chemical properties for the intended product.

Oil and gas industry services means businesses which provide support to the oil and gas industry operations including offices, storage and repair of equipment and vehicles, parking of vehicles or equipment. Such uses shall not include drilling, refining and storage, transloading or transportation of petroleum or gas products, bi-products or waste.

Paper manufacturing means establishments that make pulp, paper, or converted paper products including:

(1)

The separating of the cellulose fibers from other impurities in wood or used paper;

(2)

Matting these fibers into a sheet;

(3)

Cutting and shaping techniques that includes coating and laminating activities.

Parking lot/garage means an open, hard-surfaced area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

Personal and laundry services means establishments engaged in providing personal and laundry services such as health and beauty parlors, massage parlors, dry-cleaning, and pet grooming (not boarding and/or training).

Personal storage and warehousing means facilities providing indoor personal storage and warehousing and as an accessory to such use, outdoor storage of personal vehicles, recreational vehicles and watercraft displaying current and valid registration, provided, such outdoor storage does not occupy an area larger than 30 percent of the indoor floor area provided for the primary use.

Petroleum and coal products manufacturing means establishments that transform crude petroleum and coal into usable products with the dominant process being petroleum refining that involves the separation of crude petroleum into component products through such techniques as cracking and distillation.

Plastics and rubber products manufacturing means establishments that make goods by processing plastics materials and raw rubber. The core technology employed is that of plastics or rubber product production.

Primary metal manufacturing and fabricated metal products manufacturing means establishments engaged in the smelting and/or refining of ferrous and nonferrous metals from ore, pig or scrap, using electrometallurgical and other process metallurgical techniques; the manufacture of metal alloys and super alloys by introducing other chemical elements to pure metals; or transforming metal into intermediate or end products, other than machinery, computers and electronics, and metal furniture or treating metals and metal formed products fabricated elsewhere. Processes include forging, stamping, bending, forming, and machining used to shape individual pieces of metal; and welding and assembling used to join separate parts together.

Professional and administrative offices and services means establishments that specialize in providing professional, scientific, administrative, management, employment, real estate, or technical activities or services.

Public administration and service means federal, state and local government agencies that administer, oversee, and manage public programs and have executive, legislative, or judicial authority over other institutions within a given area. The term includes police and fire services.

Recreation means a wide range of establishments that operate facilities or provide services to meet varied recreational interests of their patrons and establishments that operate facilities or provide services that enable patrons to participate in recreational activities or pursue amusement, hobby, and leisure-time interests.

Research and development means establishments engaged in the research or research and development of innovative ideas in technology-intensive fields. The term includes research and development of computer software, information systems, communications systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.

Residential design manufactured home means that term as defined in section 23-7.

Retail trade means establishments engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. Retailers are organized to sell merchandise in small quantities to the general public with extensive displays of merchandise and utilizing mass-media advertising to attract customers.

Small cell facility means a low-powered wireless base station which functions much in the same way as larger cells in a wide-area, mobile wireless network that are typically installed relatively high on a telecommunications tower, to provide signal coverage to a large geographic area. Small cells facilities cover a smaller, targeted, localized area to provide connectivity to wireless network subscribers in areas that typically present capacity and coverage challenges to traditional wide-area wireless networks. Small cell facilities are smaller in size and thus are more conducive to collocation on an existing support structure or installation on a private utility's, single-use utility pole erected for the sole or primary purpose of supporting a small cell facility.

Telecommunications tower means any freestanding structure, other than a utility pole, built or used for the sole or primary purpose of supporting antennas and their associated facilities, licensed or authorized by the Federal Communications Commission, particularly including structures that are constructed for wireless communications services and also including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Textile mills, textile product mills, and apparel manufacturing means establishments that transform a basic fiber (natural or synthetic) into a product, such as yarn or fabric, that is further manufactured into usable items, such as apparel, sheets, towels, and textile bags for individual or industrial consumption. Main processes include preparation and spinning of fiber, knitting or weaving of fabric, and the finishing of the textile. The term includes establishments that make textile products (except apparel) by generally cutting and sewing (e.g., purchasing fabric and cutting and sewing to make nonapparel textile products such as sheets and towels). Processes include cutting and sewing and the manufacture of garments in establishments that first knot fabric and then cutting and sewing the fabric into a garment.

Townhome means a row or group of independent single-family units, located on individual lots or on a common building site. Each unit has independent access to the outside, is not located over another unit, and is separated from any other unit by one or more common fire walls along the common property boundary or unit boundary.

Transportation activities means establishments providing transportation of passengers and cargo, scenic and sightseeing transportation and support activities related to modes of transportation, whether by air, rail, water, road, or pipeline.

Transportation and equipment manufacturing means establishments that produce equipment for transporting people and goods.

Two-family means a building (duplex) located on a lot or building site that is unoccupied by any other principal structure, and which provides independent living facilities for occupancy by two families such that the two dwelling units are placed adjacent to one another with structural parts touching.

Unit (condominium) ownership means ownership of an individual unit located within a multiunit building or multibuilding development pursuant to the Unit Ownership Estate Act, 60 O.S. § 501 et seq.

Utility or utilities means establishments engaged in the provision of the following utility services: electric power, natural gas, steam supply, water supply sewage removal and telecommunications services. Specific activities associated with the utility services provided by utilities include the following:

(1)

Electric power includes generation, transmission, and distribution;

(2)

Natural gas includes distribution;

(3)

Steam supply includes provision and/or distribution;

(4)

Water supply includes treatment and distribution

(5)

Sewage removal includes collection, treatment, and disposal of waste through sewer systems and sewage treatment facilities; and

(6)

Telecommunications includes the transmission of signs, signals, messages, words, writings, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems.

Utility pole means a long, slender, generally vertical and usually cylindrical object, other than a telecommunications tower, that is or may be used in whole or in part by a public or private utility for wireline, wireless or optical telecommunications, electrical distribution, lighting, traffic control, signage or similar functions.

Vehicle/equipment sales, rental, and service means establishments primarily engaged in the sale or rental of personal or commercial vehicles and equipment and which includes incidental maintenance and repair facilities; and establishments that sell, install, and service vehicle equipment and parts, including body repairs and painting.

Warehousing and storage means establishments engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These industries do not sell the goods they handle but can provide logistical services related to the distribution of goods.

Waste management and remediation services means establishments engaged in the collection, treatment, and disposal of waster materials, including the local hauling of waster materials; operating materials recovery facilities; providing remediation services; and providing septic pumping and other miscellaneous waste management services.

Wholesale trade means establishments engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. Wholesalers are organized to sell or arrange the purchase or sale of:

(1)

Goods for resale;

(2)

Capital or durable nonconsumer goods;

(3)

Raw and intermediate materials and supplies used in production.

Wood product manufacturing means establishments that manufacture wood products such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, manufactured homes, and prefabricated wood buildings. The term includes sawing, planing, shaping, laminating, and assembling of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools.

(Ord. No. 3023, § 1(23.96), 3-3-2008; Ord. No. 3036, § 1, 8-4-2008; Ord. No. 3051, § 8, 12-15-2008; Ord. No. 3065, § 2, 3-23-2009; Ord. No. 3091, § 1, 1-25-2010; Ord. No. 3118, § 1, 12-20-2010; Ord. No. 3201, § 2, 9-17-2012; Ord. No. 3251, § 1, 1-23-2014; Ord. No. 3409, § 1, 7-23-2018; Ord. No. 3416, § 1, 9-17-2018; Ord. No. 3534, § 1, 5-8-2024)

Sec. 23-97. - General structures and uses within residential districts.

(a)

Permitted accessory uses. Permitted accessory uses include, but are not necessarily limited to, the following:

(1)

Any storage of any equipment or materials is clearly in keeping with the principal use of the property.

(2)

Home occupations are permitted as accessory uses to the principal residential use under the following conditions:

No person shall be employed in the home other than a member of the immediate family residing on the premises;

No signs, display or advertising on premises, visible from off the property, shall be permitted;

The home occupation shall be conducted entirely within the enclosed principal structure or within an enclosed accessory structure located on the same lot as the principal structure;

Exterior alterations of the structure shall not be made which would detract from the residential character and appearance of the structure, of the property, or of the neighborhood;

Retail sales shall not be permitted;

Excessive vehicular traffic shall not be generated by the home occupation. Excessive traffic shall be considered more than 20 vehicle trips per day;

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 or asphalt;

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

Residential garage sales are not to exceed three consecutive days and limited to three times in a calendar year.

(3)

Family child care and large family child care as an accessory use to any single-family residential use is permitted subject to the following:

Compliance with the rules, regulations, and licensing requirements adopted by the state through its department of human services, and acknowledgement that the city and child care homes shall conform to the state's licensing methodology for determining the number and ages of children for setting the capacity for each type of family home;

Shall register with the city and shall renew its registration with the city on an annual basis by returning a mailed out renewal notice to the city. The fee to register and renew the registration on an annual basis shall be at no cost until such time as a fee is established by resolution of the city council;

Shall not be located on a lot or parcel whose boundary is within 300 feet of the boundary of another lot or parcel containing a family or large family child care home; and shall not be located on a lot or parcel whose boundary is within 600 feet of another lot or parcel containing a family or large family child care home when said lots abut the same street.

State licensed family or large family child care homes, in existence on the effective date of the ordinance from which this section is derived, which would be prohibited by the spacing requirements herein, may continue as otherwise regulated herein.

(4)

Child care centers may be permitted as an accessory use to a permitted non-residential use within single-family residential zoning districts provided that such use shall:

Comply with all rules, regulations, and licensing requirements adopted by the state through its department of human services;

Register with the city and shall renew its registration with the city on an annual basis by returning a mailed out renewal notice to the city. The fee to register and renew the registration on an annual basis shall be at no cost until such time as a fee is established by resolution of the city council;

Provide off-street (on-site) loading areas convenient to customers;

Provide adequate off-street (on-site) parking for employees, volunteers, and visitors;

Shall be prohibited as a home occupation;

Shall limit the operation and provision of services thereof to the hours between 6:00 a.m. and 9:00 p.m. daily;

Be designed such that there is no play equipment or care of children in the front or exterior side yard, and such that all outdoor facilities shall be enclosed by a fence with an automatically closing and latching gate;

Be permitted only with a specific use permit;

Be so developed, maintained, and operated that the building and yards have the appearance and character of a single-family dwelling, and do not detract from abutting single-family dwelling properties;

Meet the distance separation requirements;

Have a capacity not exceeding ten children who are not related to the owner or operator thereof.

(5)

Personal and laundry service use in any multi-family residential or mobile home district provided that such uses:

Are located entirely within a multi-family complex or mobile home park development as an accessory use solely for the convenience of the occupants of said dwelling or development; and

Have at least one separate exterior entrance if located in a common area building.

(6)

Storage or parking of boats, trailers, and recreational vehicles, incidental to residential use, is permitted, provided that the parking area is located inside a garage, or outside on a hard-surfaced or graveled area that is not counted as required off-street parking and not located in the public right-of-way or sight-triangle.

(b)

Permitted accessory structures. Permitted accessory structures include, but are not necessarily limited to, the following:

(1)

Yard accoutrements such as statuary, trellises, flagpoles, children's play facilities, dog houses, outdoor clothes lines, fences, and walls.

(2)

Detached garages, carports, and storage buildings, provided that any storage of any equipment or materials is clearly in keeping with the principal use of the property.

(3)

Detached guest house without kitchen facilities provided further that such accessory building is:

Incidental to a permitted residential use only in the RS districts; and

Used only for the occasional housing of guests of the occupants of the principal building, and not as rental units for permanent household occupancy.

(4)

Private swimming pools and bathhouses incidental to a permitted residential use subject to the following conditions:

The yard containing such uses shall be enclosed with a fence at least four feet in height having no opening or space greater than six inches, and be equipped with spring or automatic closing and latching gates with the latch being located at the top of the fence; and

Fencing may not allow ungated access from properties other than that property upon which it is placed.

(5)

Detached emergency shelter subject to the condition that no such shelter shall be located in a required front yard unless it is not physically feasible to install elsewhere on the property, in which case no part of the shelter shall exceed 18 inches in height above ground level, except for detached emergency shelters built to be handicapped accessible.

(6)

Detached solar collector subject to the following conditions:

No part of such device shall be located in any required front or side yard;

The structure shall have an exterior appearance that is compatible with that of the principal building.

(7)

Satellite TV dish antennas such that no part of such device shall be located in any required front or side yard.

(8)

Amateur radio antennas not attached to, or part of, a building subject to the following conditions:

No part of such device shall be located in any required front or side yard;

All structural elements shall be designed and installed to withstand wind velocities in accordance with the applicable building codes and FCC regulations;

All guy wires and anchors shall be located within the setbacks prescribed for accessory structures; and,

No radio or telecommunication frequency interferences may be caused beyond the boundaries of the property in which the antenna is located.

(9)

Wind-energy electricity generator subject to the following conditions:

No part of such device shall be located in any required front or side yard;

All structural elements shall be designed and installed to withstand a wind velocity load of at least 100 miles per hour;

All guy wires and anchors shall be located within the setbacks prescribed for accessory structures;

Access to the system by climbing shall be limited by a fence with a locking gate at a minimum distance of four feet from the tower on all sides, by limiting climbing apparatus to no more than 12 feet from the ground, or by an anti-climbing device 12 feet from the ground;

There shall be mounted on all sides of the tower at eye level within view of a person standing on the ground, at least one sign warning of the hazard of electrical shock and describing or illustrating shut-down procedures;

No electromagnetic interference may be caused beyond the boundaries of the property where the system is located;

If the proposed location of the generator is in any residential district, it shall be permitted only upon compliance with specific use permit requirements.

(10)

Personal and laundry service buildings in any multi-family residential or mobile home district.

(c)

Prohibited uses. Overnight parking in a residential district of trucks or buses is prohibited, except those trucks having a manufacturer's rating of less than one ton, and except one bus per multi-family complex in the RM district. Outdoor storage of materials or equipment is prohibited, except during construction of a building or structure, prior to issuance of a certificate of occupancy, and provided that any such materials or equipment are actually incorporated and/or used in the construction of the building or structure.

(d)

Bulk standards. Accessory buildings and structures other than signs are subject to the following yard, lot coverage, and height regulations:

(1)

Front yard. The minimum front yard requirement of the individual districts shall apply to all accessory buildings and structures unless otherwise indicated. Only fences and walls are permitted within the front yard, unless otherwise indicated.

(2)

Side yard. Side yards shall be a minimum of three feet.

(3)

Rear yard. The minimum setback of three feet shall be provided for structures other than fences and walls.

(4)

Lot coverage. Coverage of required rear yards by accessory structures in the RS, RMH, or RT districts shall not exceed 20 percent, and in the multi-family residential districts shall not exceed 30 percent.

(5)

Height. The maximum permitted height for accessory structures shall not exceed the height of the principal structure unless otherwise indicated.

(Ord. No. 3023, § 1(23.97), 3-3-2008; Ord. No. 3051, § 9, 12-15-2008; Ord. No. 3091, § 2, 1-25-2010; Ord. No. 3112, § 1, 10-4-2010; Ord. No. 3215, § 1, 12-6-2012)

Sec. 23-98. - General structures and uses within all other districts.

(a)

Permitted accessory uses. Permitted accessory uses include, but are not necessarily limited to, the following:

(1)

Rental of autos, utility trailers, and single-axle trucks incidental to an automobile service station, provided that a paved and landscaped area for such accessory use is provided in addition to the service driveway and required off-street parking.

(2)

Sale of gasoline incidental to convenience grocery store, provided that all pump islands and canopy support structures are within the required building setbacks of the applicable zoning district. Pump island canopies may project into a required yard as permitted.

(3)

Restaurants, drug stores, gift shops, clubs, newsstands, travel bureaus, and ticket agencies when located in a permitted hotel, motel, or transportation depot.

(4)

Employee restaurants and cafeterias when located in a permitted business, industrial, or government building.

(5)

Off-street parking and loading in accordance with the provisions of article VIII of this chapter.

(6)

Drive-up windows. Drive-up windows are subject to the following conditions:

Banks. A minimum queue capacity for four cars not blocking any parking space or driveway; this number shall include the space at the point of service;

In-vehicle food service. A minimum queue capacity for five cars not blocking any parking space or driveway; this number shall include the space at the point of service or menu board;

Other uses utilizing a drive-up window. A minimum queue capacity of two cars not blocking any parking space or driveway; this number shall include the space at the point of service;

When more than one drive-up or drive-through lane is to be utilized, the queue capacity shall be the base queue capacity required for the first lane and an additional two-car capacity shall be required per each additional lane not blocking parking spaces or driveways; and

The development services director or designee, shall review all requests for drive-up windows for proper circulation and interaction with the adjacent streets, and may require additional queue capacity if warranted by the particular use and site design.

(b)

Permitted accessory structures. Permitted accessory structures include, but are not necessarily limited to, the following:

(1)

Yard accoutrements such as statuary, trellises, flagpoles, outdoor storage of retail items, fences, and walls.

(2)

Detached garages, carports, and storage buildings, provided that any storage of any equipment or materials is clearly in keeping with the principal use of the property.

(3)

(4)

Detached solar collector subject to the following conditions:

No part of such device shall be located in any required front or side yard;

The structure shall have an exterior appearance that is compatible with that of the principal building.

(5)

Satellite TV dish antennas such that no part of such device shall be located in any required front or side yard.

(6)

Storage of boats, trailers, and recreational vehicles, incidental to the primary use, provided that the parking area is inside a garage, outside in the side yard or rear yard on a hard surfaced or graveled area not counted as required off-street parking and not located in the public right-of-way or sight triangle.

(7)

Signs in accordance with the provisions of article VII of this chapter.

(8)

Living quarters for caretaker or watchman and immediate family in a nonresidential structure or detached dwelling incidental to a nonresidential use on the same premises.

(9)

Wind-energy electricity generator subject to the following conditions:

No part of such device shall be located in any required front or side yard;

All structural elements shall be designed and installed to withstand a wind velocity load of at least 100 miles per hour;

All guy wires and anchors shall be located within the setbacks prescribed for accessory structures;

No electromagnetic interference may be caused beyond the boundaries of the property where the system is located;

If the proposed location of the generator is in any residential district, it shall be permitted only upon compliance with specific use permit requirements;

These structures are only permitted in the CG, General Commercial District, and in the P, Public District.

(c)

Prohibited uses. Outdoor storage of materials or equipment, except as specifically permitted in the district regulations, is prohibited.

(d)

Bulk standards. Accessory buildings and structures other than signs are subject to the following yard, lot coverage, and height regulations:

(1)

(2)

Side yard. Side yards shall be a minimum of ten feet.

(3)

Rear yard. There are no minimum requirements.

(4)

Lot coverage. Coverage of required rear yards by accessory structures shall not exceed 30 percent.

(Ord. No. 3023, § 1(23.98), 3-3-2008; Ord. No. 3051, § 10, 12-15-2008; Ord. No. 3063, § 1, 2-23-2009; Ord. No. 3091, § 3, 1-25-2010)

Sec. 23-99. - Temporary accessory structures and uses within residential districts.

(a)

Permitted uses. The following are the temporary accessory uses permitted within residential districts:

(1)

Real estate sales office for activities incidental to the marketing of properties in the subdivision in which located provided that:

The office shall not contain sleeping or cooking accommodations unless located in a model home; and

Any such office may remain for two years or until 90 percent of the properties therein have been sold, whichever is sooner, unless an extension of the period shall have been granted as a special exception by the board of adjustment.

(2)

Residential garage or yard sales of used personal and household goods, provided that such sales are limited to three consecutive days and limited to three times in a calendar year.

(3)

Temporary sale of produce that has been grown on the property, provided that the use may continue for a period not to exceed 60 days in the same location per calendar year.

(b)

Permitted structures. Permitted temporary accessory structures include, but are not necessarily limited to, the following:

(1)

Temporary structure for the sale of produce that has been grown on the same property.

(2)

Temporary signs in accordance with the provisions of article VII of this chapter.

(Ord. No. 3023, § 1(23.99), 3-3-2008)

Sec. 23-100. - Temporary accessory structures and uses within all districts other than residential.

(a)

Permitted uses. Permitted temporary accessory uses in all districts other than residential include, but are not necessarily limited to, the following:

(1)

Itinerant merchant activities in accordance with the provisions of this Code.

(2)

Christmas tree sales in any type of district other than office, for a period of time not to exceed 45 days.

(3)

Promotional activities of retail merchants involving the display of goods and merchandise conducted outside of enclosed commercial buildings in any commercial districts shall be permitted, subject to the following conditions:

No portion of the display shall be on property owned by or dedicated to the public unless approval is first obtained from the city manager;

No more than ten percent of the required off-street parking space or loading area will be utilized for such display, storage, or dispensing;

These provisions shall in no way be deemed to authorize the outdoor display of automobiles, trailer and equipment rental, or the sale of used furniture, appliances, house wares, or building materials, or similar display or sale in any business district except as such may otherwise be authorized elsewhere in this chapter as a permitted principal or accessory use; and

Nothing in this section shall be construed to prohibit the display and sale of newspapers outside any building located in a commercial district or to prohibit persons from conducting business as an itinerant merchant in accordance with the requirements of this Code.

(4)

Transient commercial amusement enterprises such as a carnival or circus for a consecutive period of time not to exceed seven days, provided that no structure or equipment associated with the use is located within 500 feet of any RSL or RSS zoning district.

(5)

Special events of public interest including theatrical, musical, and religious productions conducted outdoors or inside a tent structure, provided that the use occurs for a consecutive period of not more than 30 days, and a total of not more than 60 days in the same location during any one year if such use is not the principal use of the property.

(b)

Permitted structures. Permitted temporary accessory structures include, but are not necessarily limited to, the following:

(1)

Real estate sales office for activities incidental to the marketing of properties in the subdivision in which located, provided that:

The office shall not contain sleeping or cooking accommodations unless located in a model home; and

(2)

Contractor's office and equipment sheds accessory to a construction project, provided that:

Only one office or shed may contain sleeping or cooking accommodations;

Ingress and egress must be from arterial or collector streets; and

The use may continue for a period not to exceed two years in the same location, unless extended as a special exception by the board of adjustment;

An approved earth change, grading, and stormwater permit has been issued by the city for the development project. If no earth change, grading, and stormwater permit is required for the project, a plan must be approved with sufficient information to determine no adverse impacts would be caused by such temporary buildings. Temporary building permits are required for each structure placed on the job site. Such permits need not be renewed after a building permit for the construction project has been issued.

(3)

Temporary signs in accordance with the provisions of article VII of this chapter.

(c)

Permit required. No temporary uses which are to be located on public property or public right-of-way shall occur without a special event permit issued by the city manager.

(Ord. No. 3023, § 1(23.100), 3-3-2008; Ord. No. 3221, § 6, 2-21-2013)

Sec. 23-105. - Sidewalk, street and parking lot table service areas.

Portions of public sidewalks, on-street parking spaces, and off-street parking spaces and lots may be permitted for use as restaurant or bar table service areas as set forth in this section at those locations within the city designated with the following zoning classification: CB Commercial Business, CG Commercial General, CS Commercial Shopping, T5 Transect of the Form Based Code, and T6 Transect of the Form Based Code, provided the speed limit of the adjoining street is 25 miles per hour or less. Off-Street parking spaces and lots may be permitted as restaurant or bar table service areas as set forth in this section within any of the aforementioned zoning classifications, provided the speed limit of the adjoining street is 45 miles per hour or less.

(1)

Sidewalk cafes:

•

Location: The sidewalk utilized for this purpose shall abut the restaurant or bar providing the table service.

•

Configuration: All tables, chairs and service related facilities shall be contained within a physical barrier. The physical barrier shall leave at least six feet of sidewalk between the building and table service area unobstructed and open to pedestrian travel. The barrier shall not extend beyond the front of the building, except in those instances wherein the building is located on a corner that is fronted by sidewalk or the building is freestanding and fronted by sidewalk, provided that such table service area does not extend beyond the restaurant or bar property line. The table service area shall be appropriately secured to prohibit the entry of minors if so required by state law or city ordinance.

•

Construction: Barrier materials shall be high quality, durable, and waterproof. Acceptable materials include wood, metal, landscape planters, brick, stone, or a combination thereof. Awnings or canopies extending over the sidewalk café shall be supported by internal or external connections to the building face. If ground support poles are necessary, the poles shall comply with all applicable building and structural requirements.

•

Licensing: The operator shall have appropriate licensing for the sale of alcoholic beverages.

•

Insurance: The owner/operator of a sidewalk café operated on a public sidewalk or right-of-way shall carry general liability insurance in an amount sufficient to fully indemnify the city in case of personal injury or property damage. Such insurance coverage shall be in amounts equal to the liability limits for political subdivisions set forth in the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., and shall name the city as an additional insured in amounts equal to such liability limits.

•

Maintenance: Maintenance of the sidewalk table service area shall be the responsibility of the permit holder.

•

Administration: The city manager may revoke any permit issued under this section for violation of the provisions set forth herein, or violation of any State of Oklahoma, Payne County or City of Stillwater alcoholic beverage law or health code or order.

(2)

Short-term on-street table service:

•

Duration: Forty-eight hours or less. A permit may be issued authorizing multiple or successive 48-hour operational periods provided such do not overlap or commence immediately upon the expiration of a previous authorized operational period.

•

Location: The parking stall(s) utilized for this purpose shall be in immediate proximity to the restaurant or bar providing the table service.

•

Configuration: The restaurant or bar table service area shall be enclosed by a clearly visible physical barrier. All tables, chairs and service related facilities shall be contained within a physical barrier. The physical barrier shall not enclose any portion of the parking stall(s) that is within one foot of the adjacent roadway. No portion of the table service area shall encroach on the adjoining sidewalk, unless the business operating said area has a sidewalk permit as authorized by this section. Adjoining sidewalks shall be free of any obstruction related to the adjoining business or table service area. If alcoholic beverages are served within the table service area, such area shall be appropriately secured to prohibit the entry of minors if so required by state law or city ordinance. No table service area barrier shall obstruct sight lines to roadway signage.

•

Construction: Materials used in the construction of the table service area shall be of a durable quality that is visible to vehicular traffic. Such materials may consist of brick, stone, wood, concrete block, metal, landscaping, or a combination thereof. Portable metal panels and/or fencing may also be used. Materials utilized for the construction of the table service area shall not obstruct traffic or storm water flow, shall fit flush with the curb and provide ADA accessibility. Puncturing the street or sidewalk to anchor construction materials is prohibited.

•

Licensing: The operator shall have appropriate licensing for the sale of alcoholic beverages.

•

Insurance: The owner/operator shall carry general liability insurance in an amount sufficient to fully indemnify the city in case of personal injury or property damage. Such insurance coverage shall be in amounts equal to the liability limits for political subdivisions set forth in the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., and shall name the city as an additional insured in amounts equal to such liability limits.

•

Application: Prior to commencing such operations, a scaled site plan showing the location of the building, right-of-way, sidewalks, curbs, utility poles, awnings or canopies, and all proposed fencing, seating and tables, as well as proof of insurance shall be submitted to the community development department for review and permit approval. The site plan shall describe the location of the proposed table service area, indicate the materials used to construct the table service area, and how pedestrian traffic will move through or around the table service area.

•

Maintenance: Maintenance of the table service area shall be the responsibility of the permit holder.

•

(3)

Long-term on-street table service:

•

Duration: Forty-eight hours or longer.

•

Location: The parking stall(s) utilized for this purpose shall be in immediate proximity to the restaurant or bar providing the table service. Additionally, parking stalls fronting adjacent properties may be utilized with written permission of the affected business and property owner(s).

•

Configuration: All tables, chairs and service related facilities shall be contained within a physical barrier. The physical barrier shall leave at least six feet of sidewalk between the building and table serving area unobstructed and open to pedestrian travel. Alternatively, if it is not possible to leave the sidewalk unobstructed in this manner, the permit holder shall re-route a six foot wide sidewalk around the table seating area and provide a secure and visible barrier between the relocated sidewalk and street travel lane. The table service area shall be appropriately secured to prohibit the entry of minors if so required by state law or city ordinance. No table service area barrier shall obstruct sight lines to roadway signage.

•

Construction: Barrier materials shall be high quality, durable, and waterproof. Acceptable materials include wood, metal, landscape planters, brick, stone, or a combination thereof. Loose particles such as sand or loose stone are prohibited within the table serving area or sidewalk area. Materials utilized for the construction of the table service area shall not obstruct traffic or storm water flow, shall fit flush with the curb and provide ADA accessibility. Puncturing the street or sidewalk to anchor construction materials is prohibited.

All barriers shall have reflective tape, soft hit posts, wheel stops, and or other edging such as planters, railings, or cables to protect users from street traffic. Planters used as edging features shall be large and durable, and not easily removable.

Decking, when used, shall be flush with the curb and may not have more than ½" gap from the curb. Decking shall be constructed of durable material capable of withstanding weather elements. Deck installation shall not damage the sidewalk, street, curb, or any aspect of the public right-of-way.

Whenever a sidewalk is relocated, said route shall maintain ADA accessibility by the use of ramps or other means of continuous access. A minimum 36-inch ADA accessible entryway to the table serving area shall be maintained.

All furniture shall be designed for outdoor use. The use of umbrellas, lighting, outdoor heaters, or other amenities is encouraged so long as these do not pose a fire threat or tripping hazard.

•

Lease: The owner/operator shall execute a short-term lease agreement with the city before taking possession of any parking stall(s) approved under this section. The initial lease term shall be for six months and may be renewed thereafter for additional periods to be determined by the owner/operator and the city manager. The rent for use of the parking stall(s) shall be $100.00 per lease term. The city manager is hereby authorized to enter into and execute these lease agreements provided that the applicant meets all of the requirements set forth herein.

•

Licensing: The operator shall have appropriate licensing for the sale of alcoholic beverages.

•

Application: Prior to commencing such operations, a scaled site plan showing the location of the building, right-of-way, parking stalls, sidewalks, curbs, utility poles, awnings and/or canopies, and all proposed fencing, seating and tables, edging and buffering, as well as proof of insurance shall be submitted to the community development department for review and permit approval. The site plan shall indicate the number and location of parking stalls to be utilized for the table service area.

•

Maintenance: Maintenance of the table service area shall be the responsibility of the permit holder, including but not limited to the following:

Keep area well maintained and in good repair with daily cleaning.

Keep area free of debris, grime, and graffiti.

Water and maintain all vegetation.

Provide pest control as needed.

Amplified music shall be at a low volume only for the enjoyment of guests in the service area.

Provide trash and recycling receptacles.

•

Administration: If necessary, the city manager may close additional parking stalls in order to eliminate a potential hazard to pedestrians and patrons of commercial establishments. The city manager may revoke any license issued under this section for violation of the provisions set forth herein, or violation of any State of Oklahoma, Payne County or City of Stillwater alcoholic beverage law or health code or order.

(4)

Off-street parking table service:

•

Location: Off-street parking areas in the immediate proximity to the restaurant or bar providing the table service area. These areas may be public or private, or a combination thereof.

•

Configuration: The table service area shall be enclosed by a clearly visible physical barrier. All tables, chairs and service related facilities shall be contained within the physical barrier. The physical barrier shall not enclose any portion of a parking stall(s) that is within one foot of a property line. No portion of the table service area shall encroach on the adjoining sidewalk. No part of the table service area shall be located along the front of the building. The table service area shall be appropriately secured to prohibit the entry of minors if so required by state law or city ordinance.

•

Construction: Materials used in the construction of the table service area shall be of a durable quality. Such materials may consist of brick, stone, wood, concrete block, metal, landscaping, or a combination thereof. Portable metal panels and/or fencing may also be used. Materials utilized for the construction of the table service area shall not obstruct traffic or storm water flow and provide ADA accessibility. Puncturing city-owned streets or sidewalks to anchor construction materials is prohibited.

•

Licensing: The operator shall have appropriate licensing for the sale of alcoholic beverages.

•

Insurance: If the parking area is on city-owned property, the owner/operator shall carry general liability insurance in an amount sufficient to fully indemnify the city in case of personal injury or property damage. Such insurance coverage shall be in amounts equal to the liability limits for political subdivisions set forth in the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq., and shall name the city as an additional insured in amounts equal to such liability limits.

•

Maintenance: Maintenance of the table service area shall be the responsibility of the permit holder.

•

Administration: The city manager may revoke any license issued under this section for violation of the provisions set forth herein, or violation of any State of Oklahoma, Payne County or City of Stillwater alcoholic beverage law or health code or order.

(Ord. No. 3456, § 1, 11-30-2020)

Sec. 23-106. - Location of establishments with alcoholic beverages.

(a)

It shall be unlawful for any mixed beverage establishment, beer and wine establishment or bottle club which has been licensed by the state alcoholic beverage laws enforcement commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises or retail package store, to be located within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities. The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such mixed beverage establishment, beer and wine establishment, bottle club, or retail package store which has been licensed to sell alcoholic beverages. The provisions of this section shall not apply to mixed beverage establishments, beer and wine establishments or bottle clubs, which have been licensed to sell alcoholic beverages for on-premises consumption or retail package stores prior to November 1, 2000; provided, if at the time of application for license renewal the licensed location has not been in actual operation for a continuous period of more than 60 days, the license shall not be renewed. If any school or church shall be established within 300 feet of any retail package store, mixed beverage establishment, beer and wine establishment or bottle club subject to the provisions of this section after such retail package store, mixed beverage establishment, beer and wine establishment or bottle club has been licensed, the provisions of this section shall not be a deterrent to the renewal of such license if there has not been a lapse of more than 60 days. When any mixed beverage establishment, beer and wine establishment, or bottle club subject to the provisions of this section which has a license to sell alcoholic beverages for on-premises consumption or retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license to the new owner or operator if he is otherwise qualified.

(b)

Protest against the application or granting of license by any interested party.

(1)

As used in this subsection, the term "interested party" means:

A parent or legal guardian whose child or children attend the church or school which is alleged to be closer to the mixed beverage establishment or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, than is allowed by this section;

An official of a church which is alleged to be closer to the mixed beverage establishment or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, than is allowed by this section; or

An official of a school which is alleged to be closer to the mixed beverage establishment or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, or retail package store, than is allowed by this section.

(2)

Any interested party may protest the application for or granting of a license for a retail package store, or for a mixed beverage establishment, beer and wine establishment, or bottle club which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises, based on an alleged violation of this section. The protest must:

Be submitted in writing;

Be signed by the person protesting;

Contain the mailing address and address of residence, if different from the mailing address of the protester;

Contain the title of the person signing the protest, if the person is acting in an official capacity as a church or school official; and

Contain a concise statement explaining why the application is being protested.

(3)

(Ord. No. 3023, § 1(23.106), 3-3-2008)

State Law reference— Authority to regulate location of establishments selling low-point beer, 11 O.S. § 43-102, 37 O.S. § 163.27; authority to regulate location of establishments selling mixed beverages, beer and wine or bottle club, 37 O.S. § 518.3.

Sec. 23-107. - Adult care services and group homes.

(a)

Adult care services and treatment facilities may be permitted as a principal use in certain districts, subject to the following conditions:

(1)

Such use shall comply with all rules, regulations, and licensing requirements adopted by the state through the state department of human services for an adult day service facility or as part of a hospital facility for a geriatric day treatment program.

(2)

Required off-street loading areas shall be convenient for the customers.

(3)

If located in a single-family residential district, such use shall:

Be permitted only upon compliance with article VI of this chapter;

Be so developed, maintained, and operated that the building and yards have the appearance and character of a single-family dwelling, and do not detract from abutting single-family properties;

Have a capacity not exceeding eight patients at one time; and

Limit the operation and provision of services thereof to the hours between 7:00 a.m. and 6:00 p.m. daily.

(b)

Group homes may be established in any residential district provided the owner of such group home shall first submit an application to the city and the following conditions are met:

(1)

The proposed group home will be a minimum of 1,200 feet from any other group home or similar community residential facility serving persons in drug, alcohol, juvenile, child, parole and other program of treatment, care supervision or rehabilitation in a residential setting.

(2)

The group home has been licensed by the state department of human services.

(3)

The applicant submits a fee in an amount established by resolution of the city council.

(4)

Notice is provided in accordance with 60 O.S. § 863.

(Ord. No. 3023, § 1(23.107), 3-3-2008)

Sec. 23-108. - Zero lot-line developments.

(a)

Detached dwellings. Detached dwellings may, where permitted, be located such that an exterior sidewall is constructed with no setback from an interior property line as described herein, and subject to the following conditions:

(1)

No windows, doors, or other openings are permitted in said sidewall.

(2)

The opposite side yard on the same property shall be a minimum of ten feet in width.

(3)

A perpetual ten-foot easement for the purpose of building maintenance and separation between structures shall be provided on the lot adjacent to the exterior dwelling sidewall along the common property line, provided that:

The maintenance easement shall apply only to principal buildings, and to any accessory structures or vegetation that does not allow reasonable access to the full height and width of the zero setback exterior sidewall for the purpose of maintenance;

Roof overhangs from principal buildings may penetrate the easement on the adjacent lot a maximum of 12 inches excluding gutter, but the roof shall be so designed that water runoff from the structure placed on the lot line is limited to the easement area; and

Such easement must be shown on a subdivision plat, or otherwise recorded by an irrevocable covenant which shall run with the land, whereby proof of such recorded documents shall be submitted with applications for a building permit for any structure to be so constructed.

(4)

If a driveway is to be located along the lot line, a note of waiver must be recorded on the plat, or permission otherwise obtained, for a curb-cut turning-radius encroachment on the frontage of the adjacent property.

(b)

Commercial structures. Commercial structures may be constructed on two or more adjacent lots such that they have no setback from the same common interior property line for future sale of individual portions of the building with its lot, provided the following provisions are met:

(1)

The opposite side yard setback is five feet;

(2)

The entire structure is built at one time;

(3)

The common wall has no doors or other openings between the units, except if located in the downtown special purpose overlay area, and shall be designed and constructed to meet the applicable building and fire code requirements; and

(4)

The lots intended for such use shall have covenants or restrictions which run with the land which state the methods and responsibilities for dealing with common maintenance agreements among property owners of abutting units consistent with shared property or easements, particularly with regard to driveways and parking lots. Proof of such recorded documents shall be submitted with applications for a building permit for any structure to be so constructed.

(Ord. No. 3023, § 1(23.108), 3-3-2008; Ord. No. 3051, § 11, 12-15-2008)

Sec. 23-109. - Freestanding self-service facilities.

Any self-service use, including but not limited to automatic bank teller machines, postal vending and depository facilities, or newspaper vending machines, which is located in freestanding structures devoted solely to such use either on a separate lot or as an accessory use within a complex of buildings, is subject to the following conditions:

(1)

The self-service use must be located in a zoning district that would permit the use by right as a principal non-self-service activity;

(2)

The structure may not occupy any off-street parking, loading, or landscaping area required for any other use;

(3)

Pedestrian walkways must be provided adjacent to the structure to minimize pedestrian conflicts with vehicular traffic; and

(4)

The self-service use shall comply with all other applicable standards and requirements of this chapter for principal uses with regard to setbacks, parking, signs, screenings, vehicular access, etc.

(Ord. No. 3023, § 1(23.109), 3-3-2008)

Sec. 23-110. - Animal keeping and veterinary.

(a)

All animal uses shall be conducted so as to prevent odor, dust, noise, or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted except in the IG district and shall not occur within 100 feet of a residential zoning district or within 100 feet of a property used for residential.

(b)

Keeping of animals within the city is subject to the regulations set forth in chapter 6.

(c)

Any animal or pet keeping establishment buildings with an outside boarding yard or exercise yard shall be located at least 50 feet from any dwelling.

(Ord. No. 3023, § 1(23.110), 3-3-2008)

Sec. 23-111. - Hazardous materials operations.

(a)

Manufacturing of acid, cement, lime gypsum, explosives or gas, refining of petroleum and allied products, and other industrial processes involving flammable, explosive, poisonous, toxic, caustic, or radioactive materials as primary materials in the product manufacture, are uses considered to be potentially hazardous to human health and safety. Such uses are allowed only in the IG General Industrial District, and only upon approval of a specific use permit. Approval of the county health department, the state fire marshal, and other appropriate city, state and county regulating agencies is required, along with the imposition of specific restrictions intended to protect the public welfare.

(b)

Bulk storage of gasoline, propane, butane, or other similar petroleum products is considered to be potentially hazardous to human health and safety. Such uses are allowed only in the IG General Industrial District, and only upon approval of a specific use permit. Compliance with the regulations administered by the appropriate federal, state, county and city regulatory agencies is required.

(c)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and the regulations of the liquefied petroleum gas administration of the state.

(Ord. No. 3023, § 1(23.111), 3-3-2008)

State Law reference— Liquefied petroleum gas, 52 O.S. § 420.21 et seq.

Sec. 23-112. - Hospitals and ambulatory surgical care facilities.

(a)

The procedure for obtaining a permit for a new hospital facility or ambulatory surgical care facility shall be as follows:

(1)

No new hospital facility or ambulatory surgical care facility shall be developed, either through construction or conversion of existing space, in the city, unless a permit therefor has been issued.

(2)

Before developing a facility for use as a newly licensed hospital facility or ambulatory surgical care, the person, firm or corporation proposing to operate the facility shall apply for a permit for the facility, which shall be in addition to any other required approvals. The application for permit shall include a demonstration of the facility's probable impact on existing facility and surgical services in the city, including permitted facilities not yet completed.

(3)

The application for a permit shall be accompanied by a filing fee equal to one percent of the capital cost of the proposed facility plus an administrative fee set by resolution. The application fee shall be used to pay all costs for a feasibility study, should the city council determine one is necessary, to be conducted by a recognized health care industry consulting firm chosen by the city, demonstrating the existence of the matters herein, declared essential for determination by the mayor and city councilors, prior to the issuance of such a permit, as well as costs of publication and other matters required to be accomplished under this chapter. If it is determined that costs of the feasibility study shall exceed the amount submitted with the application fee, the applicant shall be notified in writing. Said applicant shall submit the additional amount requested within ten days, or the application shall be stayed until such time as the remainder of the application fee is submitted.

(4)

Within two working days after receipt of the application fee, the applicant shall be provided with a notice of receipt and the city shall obtain the application for permit. Within ten days after receiving a completed application for permit, the city shall cause a paid public notice to be published in a newspaper of general circulation in the city. The notice shall be for the purpose of notifying the public that the application has been made and shall include the name and proposed location of the facility, a brief description of the proposal, information on where the original application can be viewed, and an explanation of how parties may file materials to be considered along with the application.

(5)

Any person may submit written evidence and arguments regarding the proposed facility to the city to be reviewed by city staff and the planning commission. Written materials shall be submitted to the city within ten days after publication of the notice. The city shall immediately provide these materials to the applicant by certified mail or in person with the applicant signing a receipt. The applicant shall have 15 days after receipt of the materials to respond in writing to materials timely filed by other persons.

(6)

The planning commission shall be provided with all materials included in the application process described herein. Notice of this meeting shall be published in a newspaper of general circulation in the city providing at least 20 days' notice of the planning commission meeting. The application and written materials that have been submitted shall be examined by the planning commission who shall review the information and make findings on the following items:

The proposed facility will contribute to the orderly development of the facility and surgical services in the city;

The proposed facility will not cause an undue financial or staffing hardship on any existing provider of essential facility or surgical services in the city, including permitted facilities not yet completed, which hardship shall be deemed potentially capable of causing the existing facility to alter its services to such a degree that it will adversely impact the citizens of the city;

The proposed facility can be adequately served by the city's existing utility systems and/or infrastructure; and

That the proposed facility will not cause a significant increase in the cost of medical care that would adversely impact the citizens of the city.

(7)

Following review by the planning commission, the city shall schedule the application for permit for consideration at a public hearing by the city council within 30 days after review and recommendation by the planning commission. However, in no case shall this hearing be more than 180 days following receipt of the initial application. Notice of this meeting shall be published in a newspaper of general circulation in the Stillwater area at least 20 days prior to the city council review. The city shall forward the findings and recommendation of the planning commission to the mayor and city council along with a copy of timely filed written responses.

(8)

Upon receipt of the report from the development services director or designee, the mayor and city council shall determine whether a permit should be issued. In making a final decision on the application, the city council shall consider the findings and recommendation of the planning commission along with information received at the public hearing. If the mayor and the city council determine that a feasibility study is necessary, the city shall select a recognized health care industry consulting firm to conduct a feasibility study on the application. The city council shall appoint an ad hoc committee consisting of:

One representative from Stillwater Medical Center;

One from Stillwater Surgery Center;

One from the organized medical staff of the Stillwater Medical Center; and

Any other affected parties as determined by the city council to provide assistance in the selection of the consulting firm.

The final selection shall be made by the mayor and city council. When completed, a copy of the feasibility study shall be provided to the applicant and shall be available for public inspection.

(9)

After a review of all the materials presented, the mayor and city council shall make findings of fact on the following items:

The proposed facility will contribute to the orderly development of the facility and surgical services in the city;

The proposed facility can be adequately served by the city's existing utility systems and/or infrastructure; and

The proposed facility will not cause a significant increase in the cost of medical care that would adversely impact the citizens of the city.

(10)

A permit to establish a facility shall not be issued until the city council has approved the application. In the event the mayor and city councilors approve the application for permit submitted by the prospective builders, it shall be understood that all existing requirements contained in this chapter, dealing with appropriate zoning and building standards, shall be complied with by the permit recipient. A permit shall be effective for 18 months from the date of issue of the permit, during which time an applicant shall start construction or conversion work on the facility. At the time the building permit is issued, the applicant shall submit a construction schedule to the city. If construction or conversion work is not started within the time required by this section, the permit shall be null and void.

(Ord. No. 3023, § 1(23.112), 3-3-2008; Ord. No. 3051, § 12, 12-15-2008)

Sec. 23-113. - Intent, and purpose of wireless telecommunication regulation.

(a)

The land use regulations prescribed in sections 23-113 through 23-113.4, pertaining to wireless telecommunications facilities, are enacted pursuant to the following authorities:

(1)

Oklahoma Constitution Article 18, Section 7, which provides that '[n]o grant, extension, or renewal of any franchise or other use of the streets, alleys, or other public grounds or ways of any municipality, shall divest the State, or any of its subordinate subdivisions, of their control and regulation of such use and enjoyment.'

(2)

The Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996), as amended, which, in part, regulates personal wireless telecommunications services and facilities.

(3)

Title 47 United States Code, Section 332(c)(7), which preserves to the City of Stillwater the authority to regulate the placement, construction, and modification of personal wireless service facilities, provided that such regulations do not unreasonably discriminate among providers or prohibit or have the effect of prohibiting the provision of personal wireless services.

(4)

Title 47 United State Code, Section 224, which exempts the City of Stillwater and the Stillwater Utilities Authority from any obligation to permit pole attachments to any pole, duct, conduit or rights-of-way controlled by them.

(5)

Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (i.e., the "Spectrum Act"), codified as 47 United States Code, Section 1455, which mandates that a state or local government approve certain wireless broadband facilities siting requests for modifications and collocations of wireless transmission equipment on an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.

(6)

The Federal Communications Commission's 2009 Declaratory Ruling, 24 FCC Rcd. 13994 (F.C.C.), 24 F.C.C.R. 13994, FCC 09 99, Federal Communications Commission Report and Order, FCC-14-153A1 Rcd, FCC 14-153, adopted October 21, 2014 and Title 47 Code of Federal Regulations (CFR), Section 1.40001(c)(2).

(b)

The City of Stillwater declares that by the promulgation of these land use regulations governing wireless telecommunications facilities, its intent and purpose is to exercise its constitutional authority to regulate matters of local concern and public right-of-way within its boundaries consistent with the above—cited federal and state authorities.

(Ord. No. 3409, § 3, 7-23-2018)

Editor's note— Ord. No. 3409, § 2, adopted July 23, 2018, repealed the former § 23-113, which pertained to telecommunications towers and derived from Ord. No. 3036, § 2, adopted August 4, 2008. Section 3 of said ordinance enacted a new § 23-113 as set out herein.

Sec. 23-113.1. - Telecommunication tower use conditions.

All telecommunication towers ('towers') and their attached telecommunications facilities shall only be permitted by the grant of a specific use permit, subject to the requirements of this section, except as expressly provided otherwise.

(a)

Collocation of telecommunications facilities is encouraged wherever technologically feasible. An application to erect a tower shall include competent, written evidence that collocation of facilities on an existing telecommunications tower is not feasible.

(b)

Towers may be considered either principal or accessory uses. Another principal or accessory use on the same property shall not preclude the installation of a tower on a property.

(c)

No tower shall be permitted:

(1)

On property owned by the city within a Public (P) District, without prior city council approval and an associated lease agreement or permit.

(2)

Without an approved specific use permit, on property within any Large Lot Single-Family Residential (RSL), Small Lot Single-Family Residential (RSS), Two-Family Residential (RT), Two-Family and Multi-Family (RTM), Multi-Family Intermediate (RMI), Multi-Family Urban (RMU), or Planned Unit Development (PUD) district zoned for residential use.

(3)

Within any publicly owned or dedicated right-of-way or easement.

(4)

Within any aviation flight path of the Stillwater Regional Airport, except as permitted or authorized by the Federal Aviation Administration (FAA).

(d)

The maximum height of any tower shall not exceed 75 feet unless approved by a specific use permit.

(e)

Towers shall be subject to the following requirements:

(1)

Towers and attached telecommunications facilities shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, so as to make the antenna and related equipment as visually unobtrusive as possible.

(2)

Except in districts zoned for industrial use, towers shall be of a monopole design, without guy wires or external supporting braces; provided that an alternative configuration may be permitted, if approved by specific use permit, after a determination is made that it would be more compatible with the surrounding environment or that the necessary telecommunications facilities cannot be supported by a monopole.

(3)

Towers and attached telecommunications facilities shall be constructed in compliance with all applicable federal and state statutes and regulations and all applicable ordinances of the city, including but not limited to all building, electrical and mechanical codes adopted by the city or state.

(f)

Towers shall not be illuminated by artificial means and may not display strobe lights unless federal or state authorities expressly require such lighting. When incorporated into the approved design of a tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

(g)

The use of any portion of a tower for advertising or signs other than warning or equipment information signs is prohibited.

(h)

All utility buildings and structures accessory to a tower shall comply with all applicable requirements of the underlying zoning district. Exterior ground-mounted equipment occupying more than 50 square feet, if visible from ground level, shall be screened from view from abutting properties used or zoned for residential purposes by a six-foot privacy fence or wall constructed with customarily used materials, designed and arranged to provide visual separation of uses.

(i)

The following setback requirements apply to all towers unless otherwise expressly approved as part of the specific use permit:

(1)

Towers shall be set back a distance equal to at least 110 percent of the height of the tower from any adjoining lot line of any residential, office, or agriculture zoned property.

(2)

Accessory buildings shall be subject to all applicable zoning district building setback requirements.

(j)

Towers shall be enclosed by security fencing that is at least six feet in height or shall otherwise be equipped with an effective tower anti-climbing device.

(Ord. No. 3409, § 3, 7-23-2018)

Sec. 23-113.2. - Small cell telecommunication facility use conditions.

All small cell facilities ("small cells") and supporting structures shall be subject to the requirements of this section, unless otherwise expressly stated.

(a)

Collocation of small cell telecommunications facilities is encouraged wherever technologically feasible. An application to erect a new small cell facility shall include competent, written evidence that collocation of facilities on an existing or other supporting structure is not feasible.

(b)

Small cell facilities, including their collocation, modification and their supporting structures shall be:

(1)

Permitted by special exception, when located outside of any public right-of-way and within any Large Lot Single-Family Residential (RSL), Small Lot Single-Family Residential (RSS), Two-Family Residential (RT), Two-Family and Multi-Family (RTM), Multi-Family Intermediate (RMI), Multi-Family Urban (RMU), or Planned Unit Development (PUD) district zoned for residential use, provided that they comply with all applicable requirements of the underlying zoning district and this section;

(2)

Permitted by right within any zoning district other than those cited in paragraph (1) above, provided that they comply with all applicable requirements of the underlying zoning district and this section; and

(3)

Permitted within any public right-of-way or easement regulated by the City of Stillwater, only by the grant of a right-of-way occupancy permit. No small cell facility shall be collocated on a utility pole owned by a municipal public utility or other infrastructure owned by a public utility, except as authorized and governed by a lease, license or permit approved by the public utility. As such, they shall be exempt from the requirements of this section.

(c)

Unless otherwise permitted by special exception, the size of any small cell shall be subject to the following regulations:

(1)

Any antenna, including exposed elements, shall not exceed a volume of three cubic feet.

(2)

All antennas, including exposed elements, shall not exceed a total volume of six cubic feet.

(3)

The primary equipment enclosure located with the facility shall not exceed a volume of 17 cubic feet.

(4)

Ancillary equipment such as any the supporting utility pole or structure, electric meters, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services are not included in these equipment volume calculations.

(d)

Setback and spacing requirements. Unless otherwise permitted by special exception, the siting of any new small cell facility located within any public right-of-way or easement regulated by the City of Stillwater or a public trust with the city as its beneficiary shall be subject to the following regulations:

(1)

Small cell supporting structures shall be located a minimum of 500 feet from any other small cell supporting structure located on the same side of the street. This distance shall be measured in a straight line from the nearest point of each supporting structure, located at surface grade.

(2)

Supporting structures located between any existing utility poles shall be sited equidistant between them, within ten percent variance of the total distance. This distance shall be measured in a straight line from the nearest point of each utility pole, located at surface grade.

(3)

Small cell facilities and supporting structures shall be set back from any road surface or curb no less than eight feet to allow for a six-foot sidewalk or trail set back two feet from any road surface or curb.

(4)

Small cell facilities and their supporting structures shall be located where there is no encroachment into any existing or planned corner sight triangles or sight line triangles. Supporting structures shall not interfere with any safe sight distances or otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation, maintenance, or repair of any public utility.

(5)

The supporting structures of small cell facilities shall be set back a distance equal to at least 110 percent of the height of the facility, including its supporting structure, from any adjacent residential, office, or commercial structure. Small cell facilities including their support structures shall not exceed 50 feet in height measured at grade; provided that in no event shall any small cell facilities with their support structures exceed 110 percent of the tallest existing utility pole located within 500 feet along the same street. This distance shall be measured in a straight line from a small cell facility's supporting structure the nearest point of any utility pole, located at surface grade.

(e)

Small cells and supporting structures shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, so as to make the antenna and related equipment as visually unobtrusive as possible.

(f)

Small cells and supporting structures shall not be illuminated by artificial means and may not display strobe lights unless federal or state authorities expressly require such lighting. When incorporated into the approved design of a supporting structure, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the supporting structure.

(g)

The use of any portion of small cells and supporting structures for advertising or signs other than warning or equipment information signs is prohibited.

(h)

Small cells and supporting structures shall be constructed in compliance with all applicable federal and state statutes and regulations and all applicable ordinances of the city, including but not limited to all building, electrical and mechanical codes adopted by the city or state.

(Ord. No. 3409, § 3, 7-23-2018)

Sec. 23-113.3. - Federal restrictions on application review periods.

(a)

The city shall complete its review and approve or deny a completed application for:

(1)

Modification of an existing telecommunications tower or small cell facility that does not substantially change the physical dimensions of such tower or facility within 60 days of the date such an application is received.

(2)

Collocation of small cell and other telecommunication facilities on any existing supporting structure within 90 days of the date such an application is received; and

(3)

Construction or installation of a new telecommunications tower, small cell facility, and all other telecommunications facilities within 150 days of the date such an application is received;

(b)

The city may toll the running of the 60, 90 or 150 days if it notifies the applicant within 30 days of submission that its application is incomplete. The timeframes begin to run when an application is first submitted, not when it is deemed complete by the city. A determination of incompleteness tolls the timeframes only if the city provides notice to the applicant in writing within 30 days of the application's submission, specifically delineating all missing information, and specifying the code provision, ordinance, application instruction, or otherwise publicly-stated procedures that require the information to be submitted. Following an applicant's submission in response to a determination of incompleteness, the city may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days. The timeframes begin to run again when the applicant makes its supplemental submission; provided that the timeframes may be tolled again if the city notifies the applicant within ten days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

(c)

These timeframes may be extended beyond the 60, 90 or 150 days by mutual consent of the applicant and the city council.

(d)

Pursuant to Section 6409(a) of the Spectrum Act, codified as 47 United States Code, Section 1455 and Title 47 Code of Federal Regulations (CFR) Section 1.40001(c)(2), the city may not deny, and shall approve, any eligible facilities request for a modification of an existing telecommunications tower or small cell facility that does not substantially change the physical dimensions of such tower or facility. As used in this subsection, cumulative modifications substantially change the physical dimensions of a tower or small cell facility if it meets any of the following criteria:

(1)

Supporting structures outside of public rights-of-way or easements: it increases the height of the structure by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for those supporting structures in rights-of-way or easement and for all small cell facilities, it increases the height of the structure or facility by more than ten percent or ten feet, whichever is greater;

(2)

Supporting structures outside of public rights-of-way: it protrudes from the edge of the structure more than 20 feet, or more than the width of the structure at the level of the appurtenance, whichever is greater;

(3)

For those supporting structures in the rights-of-way and for all small cell facilities, it protrudes from the edge of the structure more than six feet;

(4)

Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

(5)

Entails any excavation or deployment outside the current site of the tower, support structure or small cell facility;

(6)

Would defeat the existing concealment elements of the tower, supporting structure or small cell facility; or

(7)

Does not comply with conditions associated with the prior approval of construction or modification of the tower, supporting structure or small cell facility unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds identified above.

(e)

Upon denial or approval of an application for collocation, construction or installation of a new telecommunications tower, small cell facility and all other telecommunications facilities, or modification of an existing tower or facility, the city shall adopt a written determination which clearly states the basis for the decision to approve or deny an application. If an application is denied, the written notice must include substantial evidence in support of the denial. A notice is considered written if it is included in the minutes of the public meeting in which the application was denied.

(f)

If the city fails to approve or deny an application seeking approval of modification of an existing telecommunications tower or small cell facility within the timeframe for review, accounting for any tolling, the request shall be deemed granted; provided that the deemed granted shall not become effective until the applicant notifies the city in writing after the review period has expired, accounting for any tolling, that the application has been deemed granted. If the city does not act upon any application for collocation, the construction or installation of a new telecommunications tower, small cell facility, or any other telecommunications facilities within their prescribed timeframes, then the applicant may seek redress in a court of competent jurisdiction within 30 days, as provided in Title 47 United States Code, Section 332(c)(7)(B)(v).

(Ord. No. 3409, § 3, 7-23-2018)

Sec. 23-113.4. - Application requirements.

(a)

The specific use permitting process as established in City Code chapter 23, article VI, division 7 shall be applicable to specific use permits requested for the construction or installation of a new telecommunications tower. The special exception process provided in this chapter shall be applicable to new small cell facilities. All new telecommunications and small cell facilities, the collocation of telecommunications and small cell facilities on an existing supporting structure, and the modification of an existing telecommunications tower or small cell facility shall include in their applications the information and documentation required in this section.

(b)

Application requirements. An application required by this section shall be on a form furnished by the development services department which shall include, but not be limited to the following:

(1)

A typewritten and electronic/digital copy of the legal description of the subject property;

(2)

A copy of any existing or proposed restrictive covenants on the subject property, if applicable;

(3)

A nonrefundable filing fee;

(4)

A site plan, drawn to an appropriate scale and containing, at a minimum, the following:

The location and distance to the nearest adjacent residential, office, or commercial structure to the site;

The location of existing or proposed above and underground public utilities, including the depth of underground utilities, the height (accounting for seasonal variances) of overhead utility wires and the closest distance the proposed small cell facility and its supporting structure and other telecommunications facilities will be to any existing or proposed above and underground utility;

The location of the proposed telecommunications tower or small cell facility and any supporting structure and other telecommunications facilities by longitude and latitude (degrees, minutes and seconds) and approximate street address, the distance to the nearest, abutting road surface, curb and sidewalk, the nearest utility poles the proposed site is between, and the nearest existing small cell supporting structures located within 1,000 feet;

The height of the proposed telecommunications tower or small cell facility and its supporting structure above ground level, in feet and meters, including any top mounted attachments, such as antennae and lightning rods;

The dimensions of the site, including easements and rights-of-way, and location with respect to streets and adjacent properties;

The location of the telecommunications tower, small cell facility, or other telecommunications facilities by longitude and latitude (degrees, minutes and seconds) and distance to each property line of the site;

The location and dimensions of any buildings or other structures located on the site;

The current zoning and use of the subject property;

The location, current zoning and use of abutting or adjoining properties; and

The location of existing and proposed public utilities;

(5)

The type of supporting structure, i.e., guy lattice tower, self-supporting lattice, monopole, utility pole or other;

(6)

A detailed description of the project, including but not limited to: purpose, technical and functional use of the facility, how the facility will close a significant gap in telecommunications coverage, competent evidence that collocation of facilities on an existing or other supporting structure is not feasible, and how the facility is designed to blend into the surrounding environment;

(7)

Photographs, attached to the application including:

Photographs taken from the supporting structure site, with views from the proposed location in all directions. The direction (e.g., north, south, etc.) shall be indicated on each photograph and, as a group, should present a complete (360 degree) view of the area around the supporting structure and its accompanying telecommunications facilities; and

Aerial photograph(s) of the site and its abutting or adjoining properties.

(8)

If for a collocation or modification, the identification of any previously approved permit for the supporting structure requested to be used; and

(9)

If the director of the development services department shall find that the proposed collocation is consistent with previously approved permit, the site's current zoning regulations and complies with all other applicable federal and state statutes and regulations and all applicable ordinances of the city, including but not limited to all building, electrical and mechanical codes adopted by the city or state, the director is authorized to approve an application for collocation or modification, without any further requirement.

(Ord. No. 3409, § 3, 7-23-2018)

Sec. 23-114. - Mobile food service establishment courts.

Facilities designed to accommodate the congregation of mobile food service establishments commonly known as "food truck courts" shall be permitted as a principal or accessory use in areas zoned CS Commercial Shopping District, CB Commercial Business District, CG Commercial General District, IL Light Industrial District, IG General Industrial District, A Agriculture District, and P Public District.

The development of a mobile food service establishment court as a principal or accessory use must meet all applicable city codes and an application shall be made by submitting a site plan which shall indicate the following:

(1)

Location of all connections to utilities;

(2)

Location of restrooms connecting to the sanitary sewer;

(3)

Location of access, drive aisle, and parking spaces;

(4)

Location of pedestrian walkways and lighting;

(5)

Location of customer seating and other improvements;

(6)

Location of stormwater management facilities.

Congregate mobile food service establishments operated on a temporary basis (less than 45 consecutive days) shall not be subject to the site plan requirement.

(Ord. No. 3268, § 1, 7-21-2014)

Sec. 23-115. - Medical marijuana.

Medical marijuana commercial grower (cultivation) additional conditions and limitations:

Indoor commercial grower and outdoor commercial grower allowed in the "A" Agriculture with a specific use permit (SUP);

Indoor commercial grower allowed in the "IL" Industrial Light or the "IG" Industrial General with a specific use permit (SUP);

Not allowed on City of Stillwater owned property;

Shall comply with applicable zoning, parking, landscaping and building codes of the city;

Shall comply with Title 63 Oklahoma Statutes applicable Oklahoma Department of Health or other regulatory agency rules and regulations;

Must possess a current valid medical marijuana commercial grower license issued by the Oklahoma State Department of Health.

Medical marijuana dispensary (retail) additional conditions and limitations:

Allowed only in the "CS" Commercial Shopping, "CB" Commercial Business, "CG" Commercial General, FBC T5, and FBC T6 zoning districts with a specific use permit (SUP);

Not allowed on City of Stillwater owned property;

Shall comply with applicable zoning, parking, landscaping and building codes of the city;

Shall comply with Title 63 Oklahoma Statutes applicable Oklahoma Department of Health or other regulatory agency rules and regulations;

Must possess a current valid medical marijuana dispensary license issued by the Oklahoma State Department of Health.

Medical marijuana processing (manufacturing) additional conditions and limitations:

Allowed only in the "IL" Industrial Light or the "IG" Industrial General zoning districts with a specific use permit (SUP)

Not allowed on City of Stillwater owned property;

Shall comply with applicable zoning, parking, landscaping and building codes of the city;

Shall comply with Title 63 Oklahoma Statutes applicable Oklahoma Department of Health or other regulatory agency rules and regulations;

Must possess a current valid Medical Marijuana Processing License issued by the Oklahoma State Department of Health.

(Ord. No. 3416, § 2, 9-17-2018)

Sec. 23-115.1. - Definitions.

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

Residential short-term rental means any dwelling, portion thereof, or habitable accessory structure, for rent for a temporary period of time up to 30 consecutive days per guest within a 90-day period.

Guest means a person who rents or occupies with others a residential short-term rental.

Rent means all payments, except deposit and damages, to be made to the owner/operator of a residential short-term rental property for the temporary occupancy of such dwelling.

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.2. - Permitted districts.

(1)

Section 23-136: RSL—Residential Large Lot Single-Family.

(2)

Section 23-137: RSS—Residential Small Lot Single-Family.

(3)

Section 23-138: RT—Two-Family Residential.

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.3. - Residential short-term rental; license required; compliance with applicable codes.

(1)

No person shall manage/operate a residential short-term rental without an annual license, as provided herein, issued by the city clerk.

(2)

Licenses for residential short-term rental shall expire on January 31 each year or immediately upon change of ownership. Licenses may be renewed on an annual basis upon filing a renewal application with the city clerk. Initial licensing of the residential short-term rental shall be a fee of $100.00. The annual renewal fee shall be $10.00.

(3)

No license shall be issued or renewed until the applicant produces sales tax permits issued by the State of Oklahoma or evidence that such collection is done by a third-party rental agent.

(4)

No license shall be issued or renewed wherein taxes levied pursuant to Chapter 39 of this Code are delinquent and are owed by the owner or operator of the property or if the property is in violation of any section of the Stillwater City Code. No renewal shall be issued for a property deemed to be in violation of the Stillwater City 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.

(5)

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

(6)

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

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.4. - Application form; process.

(1)

An application for a residential short-term rental license shall be filed with the city clerk on a form furnished by the city clerk, which shall contain the following information:

(a)

The name, mailing address, and telephone number of the property owner and the street address of the subject property;

(b)

Number of bedrooms being offered for rent;

(c)

Verification that the dwelling has working smoke detectors as required by city codes, a working carbon monoxide detector and a functioning fire extinguisher. This requirement is met by submitting a signed and notarized affidavit form provided by the city clerk and attaching a floorplan that depicts the location of (1) rooms provided for rent, (2) smoke detectors, (3) carbon monoxide detector, and (4) fire extinguishers;

(d)

Proof of ownership of the property;

(e)

The Uniform Resource Locator (URL), (i.e. the web site address) for any and all advertisements of the rental.

(f)

A typewritten list and electronic/digital data capable of being reproduced as mailing labels, certified by the Payne County Assessor, licensed abstractor, attorney, engineer or architect, of all property owners within 300 feet of the subject property. The ownership list shall have been prepared no more than 30 days prior to submission.

(2)

The city clerk shall send notification that an application for a residential short-term license has been received to each property owner on the list required by subsection 23-115.4(1)(f). Such notification shall be documented by a certificate of mailing. If no written objection to the issuance of the license is received from a property owner sent such notice within 30 days of the mailing thereof, the city clerk may issue a license to the applicant provided all other requirements set forth in section 23-115.3 and section 23-115.4 have been met. If a written objection is received by the city clerk within 30 days of the mailing of notice thereof, the application shall be placed on a planning commission agenda and a public hearing shall be convened consistent with the criteria set forth in section 23-180(f). Appeal shall be to the city council in a manner consistent with section 23-180(f).

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.5. - Suspension, revocation; notice and hearing; complaint process.

(1)

A license issued pursuant to section 23-115.3 may be suspended or revoked by the city for failure to pay taxes due under Chapter 39 or for violation of any section of the Stillwater City Code or state law. No license shall be suspended or revoked until the owner/operator has been accorded written notice of the violation(s) and provided a public hearing before the planning commission. The planning commission may order the suspension or revocation of a license upon a preponderance of the evidence that the violation has occurred. The decision of the planning commission may be appealed to the city council by filing notice thereof with the city clerk within ten days of said action.

(2)

The city manager shall establish written procedures to address complaints regarding residential short-term rental properties and the operation thereof. Said procedure shall include the development of a webpage that will permit neighboring property owners and other aggrieved parties to report violations. The city manager shall also establish and publish on the website a list of all licensed residential short-term rental properties.

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.6. - 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 any section therein shall be subject to any applicable overlay district or provision thereof or any zoning restriction unique to a particular area or parcel.

(Ord. No. 3435, § 1, 7-8-2019)

Sec. 23-115.7. - Penalty.

Violation of section 23-115.3 shall be deemed a Class "C" offense. Each day a residential short-term rental is operated in violation of said section shall constitute a separate offense.