This division applies to the A-1 Single-Family Residential District.

   The district is the most restrictive zoning district. Single-family dwellings are restricted to family members related by blood or marriage except that a maximum of two (2) unrelated persons will be permitted. The principal use of land is for single-family dwellings and related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a and efficiency are encouraged by providing for adequate light, air, and open space for dwelling and related facilities and through consideration of the proper functional relationship of each element.

(Code 1976, §12-4-1(A))

   (a)   It is the intent of this chapter that all uses shall be located on a site or within a building, which has sufficient utilities and services and is of appropriate space and design to satisfactorily accommodate each use of land or building, in terms of safety, function, esthetic quality, and harmony with other uses in the area. Whenever a request for a use of land or building does not meet these conditions, in the opinion of the building inspector, but all other provisions are complied with, the building inspector shall refer such cases to the planning and zoning commission for review and recommendations. Said recommendations shall be submitted to the city council, which shall stipulate the requirements, which shall be followed to comply with the intent of this chapter and said requirements shall be made a part of the conditions for issuance of the permit authorizing construction and occupancy.

(Code 1976, §12-6-7)

A)   Property and buildings in the A-1 Single Family Residential District, shall be used only for the following purposes:

   (1)   Detached single-family dwelling where only one (1) family as defined herein may lawfully reside provided that a maximum of four (4) persons who are not members of a family as defined herein shall be permitted to reside in any single- family dwelling and provided further that in no instance shall there be more than one (1) occupant per two hundred (200) square feet of living area in any single-family dwelling. Reference - International Fire Code.

   (2)   Public park or playground.

   (3)   Residential sales subject to regulations provided in Chapter 11 of this code.

   (4)   Garden or agricultural crops but not for the raising of livestock.

   (5)   Home occupation as defined and regulated by this chapter.

   (6)   Accessory buildings which are not a part of the main buildings, and which are customary and incidental to the primary use of the property, including, but not limited to, detached private garages, carports, cabanas, gazebos, storage buildings, temporary or portable buildings, and tornado shelters.

   (7)   Accessory structures that are customary and incidental to the primary use of the property, and which include, but are not limited to, fences, radio and television receivers, satellite reception antennas, swimming pools, solar energy devices, flag poles, basketball goals, and retaining walls. Fences permitted shall be limited to the following types:

   i.   Brick, stucco, rock, or decorative concrete brick or block; provided that such fences shall be constructed with an adequate concrete footing and shall not be located on any utility easement.

   ii.   Chain-link or cyclone, galvanized metal.

   iii.   Wood/plastic, picket.

   iv.   Wood/ plastic, rail, or split rail.

   v.   Wood/plastic, with vertical or horizontal slats; sight-proof or see-through; and

   vi.   Wrought Iron, with or without brick columns.

   (8)   Public utilities and public utility structures and facilities.

   (9)   Home Sharing Accessory Use, subject to the regulations and licensure required in Chapter 11, Article XXIII of this code.

   (10)   Accessory dwellings. (2022 Code)

(Ord. No. 759, 07-19-2021)

B)   Specific Uses permitted pursuant to Sections 24-25 and Section 24-26 of this chapter shall be limited to only the following uses:

   (1)   Beauty shop, hair salon, style shop, barber shop.

   (2)   Childcare center in accordance with the provisions of Chapter 11 of this code.

   (3)   Church, synagogue, mosque, temple, or similar place used for the gathering of people for the study or worship of religious beliefs, and/or fellowship, and provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres.

   (4)   Church-Rectory/Parsonage; provided the rectory/parsonage use is secondary to the primary use of the property as a church and provided that the rectory/parsonage use is located in, or structurally connected to and made a part of the main building;

   (5)   Community Center provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres.

   (6)   Fraternal organization, civic club or similar place of assembly provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres.

   (7)   Library provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres.

   (8)   Multifamily Units including, condominiums, duplexes, triplexes, quadraplexes, townhouses, assisted living center, nursing home, or apartment complexes;

   (9)   Oil and gas production facilities;

   (10)   Professional office, single-story only.

   (11)   Public or private school which offers general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping, except as may be provided for a caretaker or headmaster;

   (12)   Tailor shop, alterations.

   (13)   YMCA, or similar place of assembly provided that it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres.

   (14)   Wind generation towers or structures.

   (15)   Home Sharing Principal Use, subject to the regulations and licensure required in Chapter 11, Article XXIII of this Code, and provided that this use shall be limited to five percent (5%) or less of the total residential units within each City Ward. (2022 Code)

C)   Exclusions: Boarding houses, group living homes, group lodging, for-profit housekeeping units, commercial growers growing medical marijuana for commercial purposes licensed pursuant to 63 O.S. § 422 and as defined in OAC 310:681-1-4, and processors of medical marijuana licensed pursuant to 63 O.S. § 423 and as defined in OAC 310:681-1-4 are specifically excluded from the A-1 Single Family Residential District. All other uses not listed herein are specifically excluded from the A-1 Single Family Residential District. (Ord. No. 747, §1, 07-15-2019)

C)   Any church, library, YMCA, or school located in the A-1 Single Family District as of October 19, 2004, shall not be considered non-conforming uses and therefore shall not be subject to the limitations provided in Division 5 of this Chapter pertaining to non-conformances. Nothing herein shall prevent an existing church or school from using A-1 Single Family properties already in church ownership as of October 19, 2004, or acquiring adjacent or nearby residential property, provided however that the church or school will be required to obtain rezoning from A-1 Single Family to C-1 Commercial or to obtain a Specific Use Permit prior to extending church or school operations, programs, or activities to any such property purchased after October 19, 2004.

(Code 1976, §12-4-1(B), §12-6-3; §12-6-7; §12-6-10; Ord. No. 451, §1, 12-18-90; Ord. No. 505, §2, 9-20-94; Ord. No. 596, §6, 10-19-2004)

   All main buildings, accessory buildings and accessory structures shall be placed on property in the A-1 Single Family District to comply with the following area requirements:

   (1)   Projection into yards: Open eaves, cornices, and windowsills may project into any required yard a distance not to exceed two (2) feet. Open porches may project into a front or rear yard a distance not to exceed five (5) feet.

   (2)   Street access: A public street shall form the direct and primary means of ingress and egress for all permitted uses in the A-1 Single Family district. Alleys, where they exist, shall form only a secondary means of ingress and egress.

   (3)   Front yard:

   (a)   The minimum depth of the front yard shall be twenty-five (25) feet. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured at a starting point twenty-five (25) feet from the centerline of the street easement.

   (b)   If twenty-five (25) percent or more of the lots on one side of the street between two (2) intersecting streets are improved with main buildings, all of which have observed an average setback line of greater than twenty five (25) feet, and no main building varies more than five (5) feet from this average setback line, then no main building shall be erected closer to the street line than the minimum setback so established by the existing main buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.

   (c)   Accessory buildings: Carports shall be permitted provided that they are attached to the main building. No support column or load bearing structure of any carport may extend closer than twenty-five (25) feet from the front lot line. Detached garages and all other accessory buildings shall be prohibited from the front yard. (Ord. No. 747, §2, 07-15-2019)

   (d)   Accessory structures: Flag poles, security lights, and basketball goals shall be permitted in the front yard and shall be located at least ten (10) feet from the front lot line. All other accessory structures except as otherwise provided herein are prohibited from the front yard.

   (e)   Except for carports permitted under paragraph (c) above, no fence, wall, trellis, or similar accessory structure may extend beyond the front building line or be in the front yard of a building unless said fence, wall, trellis, or similar structure is two (2) feet or less in height. (Ord. No. 760, §2, 08-02-2021)

   (f)    No hedge or hedge-like plant growth may extend beyond the front building line unless said hedge or hedge-like plant growth is two (2) feet or less in height.

   (4)   Side yard:

   (a)   There shall be a side yard on each side of any main building the total of which yards, shall be at least twelve (12) feet or twenty (20) percent of the average width of the lot, whichever amount is smaller; provided that the minimum side yard shall be at least three (3) feet.

   (b)   On corner lots the side yard regulations shall be the same as for interior lots except in cases where the lot in the rear of the corner lot fronts upon the side street in which case there shall be a side yard on the side street of not less than fifty (50%) percent of the front yard required on the lot in the rear of such corner lot.

   (c)   Where a continuous row of lots is to be developed by the construction of a series of dwellings, not more than twenty-one (21) feet in height, a side yard of three (3) feet may be permitted on one side of a main building where a driveway of not less than eight (8) feet is to be constructed on the other side of the main building, provided that an open space not less than eleven (11) feet is maintained between all such dwellings.

   (d)   Where a main building is to be built on a lot having an attached garage, the side yard on the side of the main building where the attached garage is located shall be no less than six (6) feet.

   (e)   Accessory buildings and accessory structures:

   1)   Permitted accessory buildings and accessory structures shall be located behind the front building line and shall not be located adjacent to any portion of the front yard, except as otherwise provided herein. Fences, walls or retaining walls may extend beyond the front building line provided that no portion of such fence, wall or retaining wall extending beyond the front building line shall exceed two (2) feet in height. Carports may extend beyond the front building line provided that they are attached to the main building. Carports may not extend closer than twenty-five (25) feet from the front lot line to the main support column(s) of the carport. (Ord. No. 670, §1, 08-02-2021)

   2)   No accessory building or accessory structure, except temporary or portable buildings and fences, shall be built or placed closer than three (3) feet from any side or rear lot line or closer than three (3) feet from any utility easement. Exception: Below ground tornado shelters located in the side yard may extend to the side property line provided that (1) no portion of the shelter extends more than two (2) feet above the elevation of the floor of the main residential building, (2) the shelter is behind a sight-proof fence and is not visible from the street and does not encroach on any utility easement. (Ord. No. 685 §1, 08-06-2013; Ord. No. 670, §1, 08-02-2021)

   3)   No accessory building shall exceed twelve (12) feet in height; provided, however, that this height limitation shall not apply to two story detached garages or detached accessory dwellings built more than five (5) feet from any side lot line and three (3) feet from the rear lot line. (Ord. No. 670, §1, 08-02-2021)

   4)   On corner lots, no accessory building or accessory structure shall project beyond the front building line of the lot or, in the side yard facing a public street, exceed two (2) feet in height unless located behind a sight-proof fence. (Ord. No. 670, §1, 08-02-2021)

   (f)   No hedge-like plant growth shall be maintained beyond the front building line, which exceeds two (2) feet in height.

   (5)   Rear yard:

   (a)   There shall be a rear yard having a depth of not less than thirty (30) feet or twenty (20) percent of the depth of the lot, whichever amount is smaller.

   (b)   Accessory buildings and accessory structures:

   (1)   No accessory building or accessory structure, except temporary or portable buildings, shall be built or placed closer than three (3) feet from any rear or side lot line or closer than three (3) feet from any utility easement.

   (2)    An accessory building or accessory structure shall not occupy more than thirty (30) percent of the surface land area of the rear yard and no accessory building shall exceed twelve (12) feet in height; provided however that this height limitation shall not apply to two story detached garages or detached accessory dwellings built more than five (5) feet from any side lot line and three (3) feet from the rear lot line.

   (6)   Lot width:

   (a)   For detached single-family dwellings there shall be a minimum lot width of fifty (50) feet at the front building line, and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

   (7)   Lot area:

   (a)   For each dwelling, and buildings and structures accessory thereto, there shall be a lot area of not less than seven thousand two hundred (7,200) square feet.

   (b)   The minimum lot size established in subsection (a) above shall not apply if new construction replaces a razed single-family home, and the lot area for said new construction is not less than the lot area of said razed single-family home.

(Ord. No. 633, §1, 06-17-2008)

   (8)   Intensity of use:

   (a)   A detached single-family dwelling shall be deemed to be the main building on the lot on which it is situated;

   (b)   One main building shall be permitted on any lot, or lots occupied by a detached single-family dwelling;

   (c)   If a church, school, YMCA, childcare center, library, or community center is permitted by Specific Use Permit, more than one main building may be permitted on a lot or lots with a combined area of three (3) acres or more.

   (d)   No open space, lot area, frontage, or off-street parking area required for any main building and accessory building, or use associated thereto shall, during its life, be occupied by or shared by, or counted as part of the area requirement or open space, lot area, frontage, or off-street parking for any other primary or main building or accessory building or use associated thereto.

   (e)   Accessory dwellings shall not be assigned an address or utility account for water, sewer, solid waste, electric or other public services separate from or independent of the main building or principal use of the lot on which it is located. (2022 Code)

   (f)   Accessory dwellings shall not exceed 1,000 square feet in living area. (2022 Code)

   (9)   Court requirements for multiple-family dwellings: Whenever a multiple family dwelling or group of multiple family dwellings is permitted by Specific Use Permit and designed with an inner or outer court, the following requirements shall be complied with:

   (a)   Outer court width. The width of an outer court shall be not less than ten (10) feet between walls, or equal to the height of the opposing wall, whichever is greater.

   (b)   Inner court width. The width of an inner court of a multiple-family dwelling shall be not less than two (2) times the height of the lowest wall forming the court, but in no case shall it be less than twenty (20) feet.

   (c)   Passageway for inner court. An open unobstructed passageway shall be provided at the grade of each inner court. Such passageway shall not be less than twelve (12) feet in width, shall have a clearance of not less than twelve (12) feet in height, and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street.

   (d)   Accessory buildings prohibited. No accessory, maintenance buildings shall be located in a court of a multiple-family dwelling area.

   (10)   Height regulations:

   (a)   No main building shall exceed thirty-five (35) feet in height and no accessory building shall exceed twelve feet (12') in height, except as otherwise provided herein.

   (b)   Chimneys, elevators, poles, tanks, towers, spires, steeples, bell towers and other similar projections not intended for human occupancy may be erected to a height above the maximum height permitted herein but shall be subject to height limitations established by other applicable building codes.

   (c)   In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story, at a height of four (4) feet above the floor, does not exceed two-thirds of the floor area of the story immediately below, shall be counted as a half story.

   (d)   Except as otherwise specified in this chapter, the maximum height for fences shall be eight (8) feet.

   (11)   All buildings, accessory buildings, and accessory structures that are part of a school campus consisting of multiple main buildings, accessory buildings, and accessory structures and which are constructed on a tract of land or tracts of land with a combined area of at least five (5) acres, shall maintain a minimum exterior setback of seven and one half (7.5') feet. No interior setbacks shall apply except as required by applicable building and fire codes adopted by the City. (Ord. No. 638, §1, 03-17-2009)

(Ord. No. 596, §6, 10-19-2004; Ord. No. 638, §1, 03-17-2009)

   (a)   Scope: The intent of this section is to provide regulations pertaining to the conduct of home occupations in the city so as to preserve the residential character of neighborhoods and to protect the safety, health, and welfare of the citizens of the community.

   (c)   The following occupations shall not be conducted as home occupations:

   Beauty shop, except as authorized by Specific Use Permit;

   Barber shop, except as authorized by Specific Use Permit;

   Kennel;   

   Tea room;

   Restaurant;

   Palm reader, card reader or similar spiritualists;

   Rest home, tourist home or bed and breakfast inns;

   Cabinet shop;

   Metal fabrication shop;

   Automotive repair shop;

   Retail business of any kind.

   (c)   Home occupations authorized by this section shall be subject to the following regulations:

   (1)   The person or persons conducting the home occupation shall live at the residence where the home occupation is conducted and shall not maintain any other permanent residence within fifty (50) miles of the residence where the home occupation is conducted.

   (2)   No person, other than a person lawfully residing at the residence where the home occupation is conducted, shall assist in the conduct of the home occupation in any manner, either as an employee, independent contractor or otherwise.

   (3)   Home occupations shall be conducted entirely within the confines of the residence or accessory building thereto and shall be clearly incidental and secondary to the use of the residence for residential purposes and shall not change the character thereof. The residence shall not be physically altered to provide a separate public area for customer service or waiting and no additional parking shall be provided other than that required for use by the lawful occupants of the residence. Not more than 25% of the total square feet of living area within any residence shall be physically altered for or used in the conduct of the home occupation. For the purpose of this subsection, an attached garage shall not be deemed to be part of the living area of any residence unless said garage has been converted for use as a bedroom, family room or other similar residential use.

   (4)   No home occupation shall involve the conduct of any activity or use of mechanical equipment, which creates noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation, is conducted.

   (5)   No trading, renting, display, or sale of merchandise shall be carried on at any residence where a home occupation is conducted, except as may otherwise be permitted pursuant to applicable residential sale regulations.

   (6)   One (1) non-illuminated nameplate, not more than two (2) square feet in area, shall be allowed at any residence where a home occupation is conducted. Such nameplate sign shall be attached to the main or accessory building and shall not be mounted higher than six (6) feet from the ground elevation of the building on which it is mounted. No other sign of any kind shall be visible from outside the premises.

   (7)   Forfeiture and Penalty:

1 Any person convicted of willfully violating any provision of this section shall forfeit all rights and privileges to conduct a home occupation hereunder.

2 Any person who fails to comply with or violates any provision of this Section shall be guilty of a Class A offense punishable by a fine of Seven Hundred and Fifty ($750.00) Dollars and/or up to sixty (60) days imprisonment. Each day that the noncompliance or violation exists shall be a separate offense.

(Ord. No. 533, §2, 11-19-96)

(Code 1976, §12-4-1(C); §12-4-1(D); §12-6-2(1); §12-6-2(2); §12-6-2(3); §12-6-2(4); §12-6-3; §12-6-4; §12-4-1(C); Ord. No. 223, §1, 10-19-76; Ord. No. 246, §1, 11-7-78; Ord. No. 453, §2, 3-19-91; Ord. No. 456, §1, 5-21-91; Ord. No. 460, §1, 9-3-91; Ord. No. 497, §§3,4, 3-1-94; Ord. No. 505 §2, 9-20-94)

   This division applies to the C-1 Restricted Commercial Districts.

   The district is intended to provide a place for those types of institutional and commercial activities that require separate buildings and building groups surrounded by landscaped yards and open area. Land, space, and esthetic requirements of these uses make their location near residential neighborhoods desirable.

(Code 1976, §12-4-2(A)

   (a)   It is the intent of this chapter that all uses shall be located on a site or within a building, which has sufficient utilities and services and is of appropriate space and design to satisfactorily accommodate each use of land or building, in terms of safety, function, esthetic quality, and harmony with other uses in the area. Whenever a request for a use of land or building does not meet these conditions, in the opinion of the building inspector, but all other provisions are complied with, the building inspector shall refer such case to the planning and zoning commission for review and recommendations. Said recommendations shall be submitted to the city council, which shall stipulate the requirements, which shall be followed to comply with the intent of this chapter and said requirements shall be made a part of the conditions for issuance of the permit authorizing construction and occupancy.

(Code 1976, §12-6-7)

   Property and buildings in a C-1 Restricted Commercial District shall be used for only the following purposes:

   A)   Any of the following uses.

   1)   Art gallery.

   2)   Assembly halls.

   3)   Church, synagogue, mosque, temple, or similar place used for the gathering of people for the study or worship of religious beliefs, and/or fellowship, and provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue. (Ord. No. 688, §1, 01-07-2014)

   4)   Church-Rectory/Parsonage; provided the rectory/parsonage use is secondary to the primary use of the property as a church and provided that the rectory/parsonage use is located in, or structurally connected to and made a part of the main building;

   5)   Community Centers, YMCA.   

   6)   Fraternal Organizations;

   7)   Laboratories for research and testing;

   8)   Library;

   9)   Museums;

   10)   Music conservatories;

   11)   Office buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers. These uses shall include, but shall not necessarily be limited to, doctors, dentists, lawyers, architects, and engineers; provided, however, that this shall in no way be construed as permitting undertaking establishments and funeral homes.

   12)   Public utilities and public utility structures and facilities.

   13)   Public or Private School: Elementary School, Intermediate School, High School, or College, but not including business, trade, or vocational schools;

   14)   Recreational uses associated with and maintained primarily for the benefit and use of the occupants and families of the uses listed herein.

   15)   Shops and stores associated with and incident to the uses listed herein and maintained only for serving the occupants thereof;

   16)   Buildings and structures and uses customarily incident and accessory to the uses listed herein.

B)   Any residence or accessory building or accessory structure associated thereto that is situated on any property at the time the property is zoned as C-1 Commercial District shall be razed and removed from the property before the property may be used for any of the purposes provided for in this section.

C)   All other uses not listed herein are specifically excluded from the C-1 Commercial District.

(Code 1976, §12-4-2; Code 1976, §12-6-7; Ord. No 596 §7, 10-19-2004)

   The area requirements for buildings and accessory buildings and structures in the C-1 Commercial District shall be as follows:

   (1)   Front yard.

   (a)   All main buildings, accessory buildings and accessory structures shall set back from the front lot line to provide a front yard having not less than twenty-five (25) feet in depth.

   (b)   Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured at a starting point twenty-five (25) feet from the centerline of the street easement.

   (2)   Side yard.

   (a)   Where a side yard is adjacent to the A-1 Single Family Residential district no main building, accessory building or accessory structure shall be located closer than thirty (30) feet from any adjoining dwelling and no closer than fifteen (15) feet to the side lot line.

   (b)   Permitted accessory buildings and accessory structures shall be located behind the front building line and shall not be located adjacent to any portion of the front yard, except as otherwise provided herein. Fences, walls or retaining walls may extend beyond the front building line provided that no portion of such fence, wall or retaining wall extending beyond the front building line shall exceed two (2) feet in height. Carports may extend beyond the front building line provided that they are attached to the main building and are located at least twenty-five (25) feet from the front lot line.

   (c)   No accessory building or accessory structure, except temporary or portable buildings, shall be built or placed closer than three (3) feet from any side or rear lot line or closer than three (3) feet from any utility easement.

   (d)   On corner lots no accessory building or accessory structure shall project beyond the front building line of the lot in the rear; provided, however, that this provision shall not be so interpreted as to reduce the buildable width, after providing the required interior side yard, of a corner lot facing an intersecting street, and of record on September 20, 1994, to less than thirty (30) feet.

   (3)   Rear yard.

   (a)   No main building shall be located closer than thirty (30) feet to the rear lot line.

   (b)   No accessory building or accessory structure, except temporary or portable buildings, shall be built or placed closer than three (3) feet from any rear or side lot line or closer than three (3) feet from any utility easement.

   (4)   Lot size. No minimum lot sizes and open spaces are prescribed for permitted uses in the C-1 Commercial District. It is the intent of this chapter that lots of sufficient size be used by any permitted use to provide adequate parking and loading and unloading space required for operation of the use.

   (5)   Coverage. Main and accessory buildings shall not cover more than thirty-five (35) percent of the total lot area and in no case shall the total gross floor area of the main building exceed the area of the lot.

   (6)   Screening. Whenever any commercial district or parking area is established so as to abut the side or rear line of a lot in a residential district an opaque ornamental fence, or wall, not less than six (6) feet high shall be constructed and maintained in good condition along said side or rear lot line up to, but not beyond, the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article IV of this chapter, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

   (7)   Open space. No open space, lot area, frontage, or off-street parking area required for any main building and accessory building, or use associated thereto shall, during its life, be occupied by or shared by, or counted as part of the area requirement or open space, lot area, frontage, or off-street parking for any other primary or main building or accessory building or use associated thereto.

   (8)   Street access. A Street shall form the direct and primary means of ingress and egress for all permitted uses in the C-1 Commercial District. Alleys, where they exist, shall form only a secondary means of ingress and egress.

   (9)   Height requirements:

   (a)   For every building or structure that exceeds twenty-four (24) feet in height up to a maximum of thirty-six (36) feet, a five-foot setback shall be added to every one foot of building height over twenty-four (24) feet in addition to the minimum setbacks provided in this section.

   (b)   For every building, dwelling, or structure that exceeds the height of thirty-six (36) feet up to a maximum height of forty-eight (48) feet there shall be added four (4) feet of setback to every one (1) foot of building height over thirty-six (36) feet in addition to the maximum setback requirements in subsection (a) of this section. There shall be no buildings permitted over the height of forty-eight (48) feet.

   (c)   Chimneys, elevators, poles, tanks, towers, spires, steeples, bell towers and other similar projections not intended for human occupancy may be erected to a height above the maximum height permitted herein but shall be subject to height limitations established by other applicable building codes.

   (d)   Parapet walls shall not exceed four (4) feet and not be less than three (3) feet in height. Such parapet walls shall not be counted in computing the overall building height.

   (e)   Churches, schools, and public building permitted in this district may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such church, school or public building exceeds the prescribed height limit.

(Code 1976, §12-4-2(D); §12-6-2(1); §12-6-2(3); §12-6-2(4); §12-6-2(5); Ord. No. 289, §1, 4-21-81)

   This division applies to the C-2 Commercial District.

   (a)   It is the intent of this chapter that all uses shall be located on a site or within a building, which has sufficient utilities and services and is of appropriate space and design to satisfactorily accommodate each use of land or building, in terms of safety, function, esthetic quality, and harmony with other uses in the area. Whenever a request for a use of land or building does not meet these conditions, in the opinion of the building inspector, but all other provisions are complied with, the building inspector shall refer such case to the planning and zoning commission for review and recommendations. Said recommendations shall be submitted to the city council, which shall stipulate the requirements, which shall be followed to comply with the intent of this chapter and said requirements shall be made a part of the conditions for issuance of the permit authorizing construction and occupancy.

(Code 1976, §12-6-7)

A building or premises in the C-2 Commercial District shall be used only for the following purposes:

A)   General Uses: General uses allowed in the C-2 Zoning District are as follows:

   1)    Art gallery;

   2)    Automobile service station, provided, all storage tanks shall be below the surface of the ground;

   3)   Automotive service centers including tire sales, repair and alignment, muffler sales, oil change/lubrication services, and brake services;

   4)   Auto parts store;

   5)    Animal hospital, kennel, or veterinary clinic;

   6)    ATM machines, banks, and financial institutions provided that they are secondary and incidental to a primary use that is authorized as a general use herein;

   7)    Barber shop and/or beauty parlor;

   8)    Bakery shop;

   9)    Bicycle repair shop and sales;

   10)    Bookstore;

   11)    Building material sales;

   12)    Carpet & Floor Coverings;

   13)    Catering establishment;

   14)    Clinic for medical, dental, chiropractic, or eye care services;

   15)    Clothing store;

   16)    Convenience Store;

   17)    Eating establishments including restaurants, cafes, cafeterias, ice cream/frozen yogurt parlors, and delicatessens. (See definitions, Section 24-1);

   18)    Electric appliance, audio/video, computer stores and repair shops;

   19)    Furniture Store;

   20)    Florist shop;

   21)    General Merchandise Store;

   22)    Grocery store;

   23)    Hardware store;

   24)    Home Improvement Store;

   25)    Jewelry store;

   26)   Nursery or garden center;

   27)    Office Supply Store;

   28)    Office for corporate/business use or for professional services, including insurance offices, real estate offices, medical offices, legal offices, CPA or bookkeeping office, newspaper publisher, tag agencies, and public facilities, provided that such uses shall be limited to two-story buildings;

   29)    Office buildings in existence as of October 19, 2004, and which exceed the two-story limitation, shall not be considered non-conforming and shall not be subject to the provisions of Division 5 of this Chapter;

   30)    Package store;

   31)    Parcel or mail service;

   32)    Painting and decorating shop;

   33)   Pharmacy or drug store;

   34)    Photographers or artist's studio;

   35)    Plumbing shop;

   36)    Pool, spa, and patio sales;

   37)    Print shop;

   38)    Retail shop, sales, or showroom, but not including automobile, motorcycle, or boat sales;

   39)    Shoe/leather goods sales and repair;

   40)    Sporting Goods Store;

   41)    Tailor shop;

   42)    Tattoo Parlor & Body Piercing Establishment;

   43)    Toy Store;

   44)    Travel agency;

   45)    Video, Audio, TV, Furniture, Equipment, or Appliance rental store:

   46)    Business or commercial schools of dancing, music, or martial arts academies that are less than 5,000 square feet in gross floor area. (Ord. No. 710, §1 08-04-2015)

   47)    Fitness centers that are less than 5,000 square feet in gross floor area. (Ord. No. 710, §1, 08-04-2015)

   48)   Massage therapist duly licensed by the State of Oklahoma, provided that such service is an accessory use only. The conviction of any message therapist employed by the service for any crime involving moral turpitude shall be grounds for revocation of the business' occupancy permit. (Ord. No. 734, §2, 01-15-2018.)

   49)    Accessory buildings, structures and uses customarily incident to the above uses provided there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to any permitted use. Any building may have not more than forty (40) percent of its floor area devoted to accessory uses.

   B)   Specific Uses: Specific uses permitted in the C-2 Commercial District pursuant to Section 24-25 and Section 24-26 of this chapter shall be limited to only the following uses:

   1)   Amusement place, video arcade or theater;

   2)   Banks and financial institutions including cash advance, check cashing services;

   3)   Bowling alley;

   4)   Business or commercial schools of dancing, music, or martial arts academies that contain 5,000 square feet or more in gross floor area; (Ord. No. 710, §2, 08-04-2015)

   5)   Child Care Center;

   6)   Church, synagogue, mosque, temple, or similar building used for the gathering of people for the study or worship of religious beliefs, and/or fellowship, and provided the building:

   a)   Has direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue;

   b)   Has a minimum lot size of at least one half (1/2) acre; and is not located in a shopping center or strip mall.

   7)   Church-Rectory/Parsonage; provided the rectory/parsonage use is secondary to the primary use of the property as a church and provided that the rectory/parsonage use is located in, or structurally connected to and made a part of the main building;

   8)   Community Center or similar place of assembly;

   9)   Fitness centers that contain 5,000 square feet or more in gross floor area; (Ord. No. 710, §2, 08-04-2015)

   10)   Fraternal organization or similar place of assembly;

   11)   Funeral home.

   12)   Group counseling centers, services;

   13)   Gun range;

   14)   Laundry, dry cleaning, or dyeing establishment;

   15)   Motel, Hotel;

   16)   Movie Theater;

   17)   Oil and gas production facilities;

   18)   Pawnshop;

   19)   Skating rink.

   20)   Commercial greenhouse, indoor grow facility, or other commercial growing operation for medical marijuana owned and operated by a person or entity licensed pursuant to 63 O.S. § 422 and constructed, operated, secured, and maintained in strict compliance with Oklahoma law, including 63 O.S. § 420, et seq., and all rules and regulations promulgated by the Oklahoma State Department of Health and Oklahoma Medical Marijuana Authority; (Ord. No. 747, §2, 07-15-2019)

   21)   Processing facility, or operation, for medical marijuana owned and operated by a person or entity licensed pursuant to 63 O.S. § 423 and constructed, operated, secured, and maintained in strict compliance with Oklahoma law, including 63 O.S. § 420, et seq., and all rules and regulations promulgated by the Oklahoma State Department of Health and Oklahoma Medical Marijuana Authority. (Ord. No. 747, §2,07-15-2019)

   C)   Exclusions: Uses that are specifically excluded from the C-2 Commercial District include, but are not limited to, the following:

   1)   Abortion Clinics;

   2)   Adult Bookstores;

   3)   Adult Entertainment Establishments;

   4)   Alcoholic Beverage Establishment meaning any beer or wine establishment, or bottle club, which has been licensed by the Alcoholic beverage Law Enforcement Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises. (State Law Reference --Title 37 O.S. §§ 518.3, as amended.)

   5)   Bed & Breakfast;

   6)   Bingo & Similar Gaming Operations;

   7)   Manufacturing & Assembly Facility;

   8)   Pool or Billiard Hall;

   9)   Palm Reader, Tea Reader. Card Reader, Psychic, Fortune Teller, or other Similar Spiritualist;

   10)   Storage & Warehousing Facility;

   11)   Telemarketing, call centers;

   12)   Vocational School, Business College, Public or Private Schools.

   Ord. No. 734, §3, 01-15-2018.

   D)   All other uses not listed in this section are specifically excluded from the C-2 Commercial District.

   E)   Any church located in the C-2 Commercial District as of October 19, 2004, shall not be considered a non-conforming use and therefore shall not be subject to the limitations provided in Division 5 of this Chapter pertaining to non-conformances. Nothing herein shall prevent an existing church from using C-2 Commercial properties already in church ownership as of October 19, 2004, or from acquiring adjacent or nearby C-2 property, provided however that the church will be required to obtain a Specific Use Permit or obtain re-zoning from C-2 Commercial to C-1 Commercial prior to extending church operations, programs, or activities to any such property purchased after October 19, 2004.

   F)   Any residence or accessory building or accessory structure associated thereto that is situated on any property at the time the property is zoned as C-2 Commercial District shall be razed and removed from the property before the property may be used for any of the purposes provided for in this section.

(Code 1976, §12-6-7; Ord. No. 505, §2, 9-20-1994; Ord. No. 596 §8, 10-19-2004)

   The area requirements for buildings and accessory buildings and structures in the C-2 Commercial District shall be as follows:

   (1)   Front yard.

   (a)   All main buildings, accessory buildings and accessory structures shall set back from the front property line to provide a front yard having not less than twenty-five (25) feet in depth, provided however, that the structural support columns of automotive service station canopies and service islands shall be set back from the street right-of-way to provide a front yard of not less than fifteen (15) feet in depth.

   (b)   Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured at a starting point twenty-five (25) feet from the centerline of the street easement.

   (2)   Side yard.

   (a)   There shall be no side yard set back in the C-2 Commercial District for main buildings, accessory buildings, or accessory structures except as follows:

   (1)   When a side yard is adjacent to the A-1 Single Family Residential district no main building, accessory building or accessory structure shall be located closer than fifteen (15) feet from any adjoining residential lot line, provided however, when a side yard is adjacent to property developed for multifamily residential use, no main building, accessory building, or accessory structure shall be located closer than five (5) feet from the adjoining residential lot line. (Ord. No. 541, §1, 8-4-98)

   (2)   No main building shall be built or placed closer than three (3) feet from any utility easement.

   (3)   No accessory building or accessory structure, except temporary or portable buildings, shall be built or placed closer than three (3) feet from any side or rear lot line or closer than three (3) feet from any utility easement.

   (3)   Rear yard.

   (a)   There shall be no rear yard set back in the C-2 Commercial District for main buildings, accessory buildings, or accessory structures except as follows:

   (1)   When a rear yard is adjacent to the A-1 Single Family Residential district no main building, accessory building or accessory structure shall be located closer than thirty (30) feet from any adjoining residential lot line, provided however, when a rear yard is adjacent to property developed for multifamily residential use, no main building, accessory building, or accessory structure shall be located closer than five (5) feet from the adjoining residential lot line. (Ord. No. 541, §2, 8-4-98)

   (2)   No main building shall be built or placed closer than three (3) feet from any utility easement.

   (3)   No accessory building or accessory structure, except temporary or portable buildings, shall be built or placed closer than three (3) feet from any rear lot line or closer than three (3) feet from any utility easement.

   (4)   Lot size. No minimum lot sizes and open spaces are prescribed for permitted uses in the C-2 Commercial District. It is the intent of this chapter that lots of sufficient size be used by any permitted use to provide adequate parking and loading and unloading space required for operation of the use.

   (5)   Coverage. Main and accessory buildings shall not cover more than thirty-five (35) percent of the total lot area and in no case shall the total gross floor area of the main building exceed the area of the lot.

   (6)   Screening. Whenever any commercial district or parking area is established so as to abut the side or rear line of a lot in a residential district an opaque ornamental fence, or wall, not less than six (6) feet high shall be constructed and maintained in good condition along said side or rear lot line up to, but not beyond, the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article IV of this chapter, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

   (7)   Open space. No open space, lot area, frontage or off-street parking area required for any main building and accessory building, or use associated thereto shall, during its life, be occupied by or shared by, or counted as part of the area requirement or open space, lot area, frontage, or off-street parking for any other primary or main building or accessory building or use associated thereto.

   (8)   Street access. A public street shall form the direct and primary means of ingress and egress for all permitted uses in the C-2 Commercial District. Alleys, where they exist, shall form only a secondary means of ingress and egress. If a permitted use is located on a lot, which does not immediately abut, or face a public street, as in a shopping center, public street access may be from a common parking lot or private drive.

   (9)   Height requirements.

   (a)   No main building or accessory building shall exceed forty-eight (48) feet in height. Any such main building or accessory building shall have no more than four (4) stories.

   (b)   Chimneys, elevators, poles, tanks, towers, spires, steeples, bell towers and other similar projections not intended for human occupancy may be erected to a height above the maximum height permitted herein but shall be subject to height limitations established by other applicable building codes.

   (c)   For every building or structure that exceeds twenty-four (24) feet in height up to a maximum of thirty-six (36) feet, a five-foot setback shall be added to every one foot of building height over twenty-four (24) feet in addition to the required minimum required setbacks.

   (d)   For every building or structure that exceeds the height of thirty-six (36) feet up to a maximum height of forty-eight (48) feet there shall be four (4) feet of setback to every one (1) foot of building height over thirty-six (36) feet in addition to the other maximum setback requirements in paragraph (c) above.

   (e)   Parapet walls shall not exceed four (4) feet and shall not be less than three (3) feet in height. Such parapet walls shall not be counted in computing the overall building height.

(Code 1976, §12-4-3(C); §12-6-2(1); §12-6-2(3); §12-6-2(4); Ord. No. 289, §3, 4-21-81; Ord. No. 505 §2, 9-20-94; Ord. No. 541, §1, §2, 8-4-98)

   (a)   This division applies to the PUD Planned Unit Development Districts.

   (b)   It is the intent of this division to establish planned unit development requirements and procedures, which permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout and type of structures constructed; achieve efficiency in the use of land, natural resources, energy and the providing of public services and utilities; encourage useful open space; and provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the city.

   (c)   Within a designated planned unit development, conditions relating to the use of land, including but not limited to, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, signage, landscaping, parking, and loading, compatibility and land use density shall be determined in accordance with the planned unit development regulations contained in this division. The planned unit development conditions need not be uniform with regard to each type of land use if equitable procedures recognizing due process principles and avoiding arbitrary decisions have been followed in making regulatory decisions.

(Ord. No. 505, §2, 9-20-94)

   A Planned Unit Development may be authorized in any district, provided that all of the provisions of this division are complied with.

   (a)    The developer of a PUD shall adhere to the following application and review procedures:

      (1)    Application for rezoning submission of PUD master plan including a design statement and master development plan map.

      (2)    Submission of preliminary plat.

      (3)    Review of traffic flow, proposed curb cuts, traffic control devices and other safety related concerns expressed by the City Manager or his or her designee, or by the Planning and Zoning Commission.

      (4)    At least one (1) public hearing shall be held on the application for rezoning, the PUD master plan, and plat by the planning and zoning commission in accordance with the provisions of Sections 24-61, 24-62 and 24-63 of this chapter.

      (5)    Application for review of site plan and building plans shall be made to the planning and zoning commission.

      (7)   Application for site plan approval and building permit(s) approval shall be made to the city council.

   (b) Application for rezoning and planned unit development master plan:

      (1)    The PUD application for rezoning shall be filed in accordance with regular procedures and on application forms of the City of The Village. The PUD master plan, which is submitted with application for rezoning, shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet submission requirements of this section.

         (a)   The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but no less than the minimum required for preliminary plats. The purpose of the map is to conceptually portray the development commitments described in the PUD design statement. The map shall show the following:

            (1)   Location of proposed land uses, and residential densities;

            (2)   Location of collector streets within the PUD and adjacent arterial streets;

            (3)   Sufficient surrounding area to demonstrate the relationship to the PUD to adjoining uses, both existing and proposed;

            (4)   Location and approximate size of proposed open space and recreation areas;

            (5)   Areas where access to streets will be limited and location of driveways where appropriate;

            (6)   Any other pertinent information necessary for review, approval, and administration of the PUD.

         (b)   The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:

            (1)   Title of the PUD;

            (2)   List of the owners and/or developers;

            (3)   Statement on the general location and relationship to adjoining land uses both existing and proposed;

            (4)   Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

            (5)    The existing PUD zoning districts in the development area and surrounding it;

            (6)    A list of all special development regulations or the conventional zoning district regulations, which will be applicable; plus, a list of requested variations to the other applicable development regulations;

            (7)   A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

            (8)   The following physical characteristics; elevation, slope analysis, soil characteristics, tree cover, and drainage information;

            (9)   A topographic map with minimum five (5) foot contour intervals;

            (10)   Drainage information, including number of acres in drainage area and delineation of applicable flood levels;

            (11)   A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which ones will remain private;

            (12)   The proposed densities, and the types and sizes of structures; and

            (13)   A description of the proposed sequence of development.

(Ord. No. 776, § 4, 10-14-24)

   (1)   The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the land uses and zoning districts adjacent to it.

   (2)   Design of the PUD may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback, height, lot coverage, landscaping, and off-street parking. (Ord. No. 639, §1, 03-17-2009)

   (3)   The minimum size of the site on which a PUD shall be located shall not be less than four (4) standard-size residential lots of at least seven thousand two hundred square feet each for residential developments.

   (4)   Building codes and other related city code development requirements shall not be reduced in the design of a PUD.

   (5)   Location and type of housing shall be established in a general pattern and shown on the master development plan map.

(Ord. No. 401, §1, 1-19-88; 2014 City Code)

   Streets and alleys for a PUD shall be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross section; provided that modifications may be requested and approved as a part of the master plan if the following criteria are met:

   (1)   Public streets and alleys. Proposed public street and alley modifications shall satisfy the following criteria:

   (a)   Street right-of-way and paving widths shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.

   (b)   Paving cross sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD; to receive loading commensurate with anticipated traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

   (2)   Private streets and alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:

   (a)   Private streets shall not be connected to an adjacent parcel, which is not part of the PUD in a manner that will circulate traffic into and through the private street system.

   (b)   The owner/applicant shall clearly demonstrate the existence and capabilities of a property or homeowners association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the city.

   (c)   The owner/applicant shall clearly demonstrate the accessibility of emergency and sanitation equipment to all proposed structures served by private streets and alleys.

   (d)   The owner/applicant shall clearly demonstrate the adequacy of on and off-street parking for all property served by private streets and alleys.

(Ord. No. 401, §1, 1-19-88)

   (1)   Densities. Proposed residential densities should be compatible with adjacent developed neighborhoods.

   (2)   Amenities. Amenities should be considered as an important justification for development and city approval of a PUD. Where densities are to be increased to promote the economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provision for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where it is necessary to provide for amenity and public safety.

   (3)   Streets:

   (a)   Street design should restrict through traffic from residential areas as much as possible.

   (b)   Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac. Reduction of conventional minor street design widths should be considered appropriate on such streets when they are designed with limited length and only one access point.

   (c)   Reduction of design widths on streets designed in a conventional pattern should not be approved.

   (d)   Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However, a private street system should not serve as a reason for reduction of minimum design and paving standards.

   (e)   On-street parking bays or other similar areas where vehicles must back into the traffic flow should not be approved on arterial or collector streets or any local street; provided, however, that certain cul-de-sac or small loop street designs may be considered as appropriate.

   (f)   Off-street parking. The off-street parking requirements set forth in Article IV of this chapter for residential and mixed-use Planned Unit Developments may be complied with by providing one (1) or more permanent, common, off-street facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use, and that the spaces provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers, and service. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use and shall be under the ownership or permanent control of the owners of the use for which the spaces are required. (Ord. No. 639, §2, 03-17-2009)

   (4)   Relationship to abutting uses:

   (a)   The master development plan map should show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earth berms, retention ponds, drainage channelization, or similar techniques.

   (b)   It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

   (5)   Mixed land use developments. Where a PUD proposes a mix of uses, which may generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to assure a harmonious development.

(Ord. No. 401, §1, 1-19-88)

   (a)   Within a reasonable time after holding the public hearing, the city council shall deny the request, approve the request, or approve the request with conditions.

   (b)   Upon final approval by the city council of the PUD master plan and the appropriate approval of rezoning, these elements shall become a part of the official zoning districts map.

   (c)   The approved PUD Master Plan shall control the use and    development of the property, and all building permits and development requests shall be in accord with said plan until it is otherwise amended by the city council as provided herein. The developer shall furnish a reproducible copy of the approved master plan map for signature by the chairman of the planning and zoning commission, the mayor, and acknowledgment by the city clerk. The PUD master plan, including the signed map, shall be made a part of the permanent file, and maintained by the city clerk.

(Ord, No. 401, §1-19-88; Ord. No. 505, §2, 9-20-94)

   (a)   Reasonable conditions may be required by the city council in conjunction with the approval of a planned unit development. Conditions imposed shall:

   (1)   Be designed to take into consideration natural environment, the health, safety and welfare of the residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

   (2)   Be related to the valid exercise of police power, and to the proposed use or activity.

   (3)   Be necessary to meet the intent and purpose of the zoning requirements; be related to the standards established by this article for the land use or activity under consideration; and be necessary to ensure compliance with those standards.

   (b)   The conditions imposed with respect to the approval of a land use or activity shall be stated in the record of the approval actions and shall not be changed or amended except as provided herein.

   Any deviation from the plans of a planned unit development submitted at the time of rezoning shall constitute a violation of the rezoning and changes in plans shall be resubmitted for review following the same procedure required in the original adoption of the plan. The city council shall maintain a record of the conditions, which are changed.

   The construction of planned unit development shall be started within one (1) year of the effective date of the approval of plans by the city council. Failure to begin the development within said one (1) year shall automatically void the development plans and the land shall revert to the same zoning classification which existed immediately preceding the approval of the PUD, provided however, that prior to the expiration of the development plans, the city council may extend the PUD in increments of one (1) year upon written request by the owner/developer.

(Ord. No. 401, §1, 1-19-88)

   The fee for filing a petition to obtain approval of a planned unit development shall be as established by resolution. The fee shall be payable upon receipt of the petition by the city clerk, such receipt to be a prior condition to any action on the petition by the city. The fee shall be nonrefundable, regardless of the disposition of the application.