A.

Accessory uses allowed. Accessory uses and structures are allowed only in connection with lawfully established principal uses.

B.

Allowed uses and structures. Allowed accessory uses and structures are limited to those expressly regulated in this chapter as well as those that, in the determination of the development administrator, satisfy all of the following criteria:

1.

They are customarily found in conjunction with the subject principal use or principal structure;

2.

They are subordinate and clearly incidental to the principal use of the property; and

3.

They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.

C.

Time of construction and establishment.

1.

Accessory uses may be established only after the principal use of the property is in place.

2.

Accessory buildings may be established in conjunction with or after the principal building or use. They may not be established before the principal building or use is in place.

D.

Location. Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

E.

Compliance with lot and building regulations. Unless otherwise expressly stated, accessory uses and structures are subject to the same lot and building regulations as apply to principal uses and buildings. See also the provisions governing allowed yard obstructions (Subsection 90.090C.) and exceptions to height limits (Subsection 90.160B.).

A.

AG, AG-R, R and PK districts.

1.

In AG, AG-R, R and PK districts, accessory antennas and their support structures are allowed to be mounted on a principal building or accessory building, provided that:

a.

The overall mounted height of the antenna does not exceed sixty-five (65) feet, measured from the average ground elevation at the base of the building to the highest point of the antenna; and

b.

The aggregate surface area of all mounted antennas may not exceed ten (10) square feet, based on the area of side with the largest surface area.

2.

In AG, AG-R, R and PK districts, structures other than principal or accessory buildings that are used to support accessory antennas (including guy lines) must comply with all of the following regulations:

a.

Only one such antenna support structure is allowed on a lot.

b.

The antenna support structure may be located only in the rear yard, not in a street yard or side yard.

c.

The overall height of the antenna may not exceed sixty-five (65) feet, measured from the average ground elevation at the base of the structure to the highest point of the antenna.

d.

The antenna support structure may not encroach upon the land or airspace of any abutting property.

e.

The antenna support structure may not exceed twenty-four (24) inches in width above twenty-five (25) feet in height, exclusive of guy lines.

B.

Other districts. In all districts other than AG, AG-R, R or PK districts, antenna support structures that are accessory to principal uses must be set back from any R district a distance equal to at least one hundred ten (110) percent of the height of the antenna, measured from the average ground elevation at the base of the structure to the highest point of the antenna. The setback distance must be measured from the nearest point of the antenna supporting structure (excluding any guy lines) to the nearest point on the residential zoning district boundary line, excluding R-zoned freeways.

A.

Accessory Building Size.

1.

RE and RS-1 Districts. In RE and RS-1 districts, the total aggregate floor area of all detached accessory buildings not erected as an integral part of the principal residential building may not exceed 750 square feet or 40% of the floor area of the principal residential structure, whichever is greater. [1] [2]

2.

RS-2, RS-3, RS-4, RS-5 and RM Districts. In RS-2, RS-3, RS-4, RS-5, and RM districts, the total aggregate floor area of all detached accessory buildings not erected as an integral part of the principal residential building may not exceed 500 square feet or 40% of the floor area of the principal residential structure, whichever is greater. [1] [2]

[1] For detached accessory buildings located within rear setbacks, see Section 90.090-C.

[2] See Section 45.031D.6. for exceptions to these floor area limits for accessory buildings containing an accessory dwelling unit.

B.

Carports. Carports are allowed in R zoning districts. Any carport that occupies all or a portion of the street setback or street yard area must be approved in accordance with the special exception procedures of Section 70.120 and comply with the regulations of Section 90.090C.1.

(Ord. No. 25429, § 15, 10-30-2024)

A.

Definition. A dwelling unit that is located in an accessory building on the same lot as a household living use to which it is accessory and subordinate.

Examples of ADUs include carriage houses, garage apartments, and mother-in-law flats.

B.

Purpose.

1.

The purpose of allowing accessory dwelling units is to:

a.

Accommodate new housing units while preserving the character of existing neighborhoods;

b.

Allow efficient use of the city's existing housing stock and infrastructure;

c.

Provide housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and

d.

Provide a means for residents—particularly seniors, single parents, and empty-nesters—to remain in their homes and neighborhoods, and obtain extra income, security, companionship and assistance.

2.

The ADU supplemental regulations are also intended to help ensure that that new buildings and modifications to existing buildings are designed with sensitivity to their context in terms of building placement, proportions, building materials, and similar design features.

C.

Applicability. These regulations apply to all accessory dwelling units, as defined by Subsection 45.031A.

D.

Regulations.

1.

Where allowed. Accessory dwelling units are allowed by special exception in RE, RS, AG, and AG-R districts. Accessory dwelling units are allowed by right in all other districts when accessory to a household living use.

2.

Number. No more than one accessory dwelling unit is allowed per lot.

3.

Methods of creation. An accessory dwelling unit may be created only through the following methods:

a.

Constructing an accessory dwelling unit on a lot with a new or existing principal building; or

b.

Converting or increasing existing floor area within an accessory building on a lot with an existing principal building.

4.

Density (minimum lot area and lot area per unit). No additional lot area or lot area per unit is required for the accessory dwelling unit.

5.

Open space (minimum open space per unit). No additional open space is required for the accessory dwelling unit.

6.

Accessory dwelling unit size. The size limitations in Section 45.030 apply, provided that the maximum allowed square footage of an accessory building containing an accessory dwelling unit is increased by 500 square feet. The maximum allowable floor area for accessory buildings containing an accessory dwelling unit may be increased in accordance with the special exception procedures of Section 70.120.

7.

Building and Fire Codes. All accessory dwelling units are subject to applicable building and fire codes.

8.

Additional regulations for accessory dwelling units.

a.

Entrances. Building entrances to accessory dwelling units may not face the nearest side or rear property line unless there is an alley abutting that property line.

b.

Setbacks. An accessory dwelling unit must be located at least 10 feet behind the principal building. This required 10-foot separation distance must be open from the ground to the sky except that it may include walkways, patios, decks and similar structures that do not exceed 30 inches in height above finished grade.

c.

Exterior finish materials. The exterior finish material of any new accessory dwelling unit must be the same or visually match in type, size and placement, the exterior finish material of the principal building.

d.

Roof pitch. The roof pitch any new accessory dwelling unit must be the same as the predominant roof pitch of the principal building.

e.

Second story windows. Any second-story window less than 10 feet from and oriented toward a lot line not abutting a right-of-way shall either use permanently translucent glazing or have a minimum sill height of 6 feet above the finished floor.

(Ord. No. 25429, § 16, 10-30-2024)

Private (restricted access), consumer-oriented (home), CNG refueling appliances are permitted as an accessory use to lawfully established household living uses in all zoning districts.

A.

Regulations. Dumpsters established or placed on or after the effective date specified in Section 1.030 are subject to the following regulations:

1.

Dumpsters may only be placed with the written permission of the owner of the subject property.

2.

Dumpsters must be located on a dustless, all-weather surface.

3.

Dumpsters may not:

a.

Obstruct motorized or non-motorized traffic;

b.

Reduce any sidewalk or walkway designed for the passage of pedestrians to less than five (5) feet in width;

c.

Be located within ten (10) feet of a fire hydrant or fire suppression connection;

d.

Be located in a required parking space or required landscape area; or

e.

Be located in a street setback or side setback.

4.

The site surrounding the dumpster must be maintained free of litter, debris, and other materials.

5.

Dumpsters must be screened from view of all street rights-of-way, R-zoned property, and AG-R zoned property by a principal structure or an F1 screening fence or wall in accordance with Subsection 65.070B.2., provided that no trees are required as part of the required screening. Screening of dumpsters located in alley rights-of-way is not required. No signs are allowed on the exterior of a required screening fence or wall.

6.

Where the use of a dumpster is proposed, the location and intended screening demonstrating compliance with the standards of this section must be included with the submittal of a site plan for a zoning clearance, building or certificate of occupancy permit.

(Ord. No. 24279, § 2, 12-11-2019)

A.

Regulations. Recyclable material bins/donation bins established or placed on or after February 1, 2020 are subject to the following regulations, and recyclable material bins/donation bins established before February 1, 2020 must be removed or brought into compliance with the following regulations no later than July 1, 2020:

1.

Recyclable material bins/donation bins may only be placed with the written permission of the owner of the subject property.

2.

Recyclable material bins/donation bins must be located on a dustless, all-weather surface.

3.

Recyclable material bins/donation bins may not:

a.

Obstruct motorized or non-motorized traffic;

b.

Reduce any sidewalk or walkway designed for the passage of pedestrians to less than five (5) feet in width;

c.

Be located within ten (10) feet of a fire hydrant or fire suppression connection;

d.

Be located in a required parking space or required landscape area;

e.

Be located in a street setback or side setback; or

f.

Exceed seven (7) feet in height, six (6) feet in width, and six (6) feet in depth.

4.

All goods must be screened from view within the recyclable material bin or donation bin.

5.

The site surrounding the bin must be maintained free of litter, debris, and other materials.

6.

Recyclable material bins/donation bins must be maintained in good condition with no structural damage, holes, visible rust, or graffiti.

7.

The exterior front face of a recyclable material bin or donation bin must clearly display the name, phone number, and website (if any) of the person or entity operating the bin and of any charitable or for-profit entity that benefits from the collected items. The information must be printed in bold letters, each at least one inch tall and one inch wide. See also Oklahoma Statutes, Title 78, Section 56.

(Ord. No. 24279, § 3, 12-11-2019)

A.

General.

1.

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses to lawfully established principal uses in all zoning districts.

2.

Public EV charging stations are permitted as accessory uses to lawfully established principal nonresidential uses in all zoning districts.

B.

Parking.

1.

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

2.

Public electric vehicle charging stations must be reserved for parking and charging electric vehicles.

C.

Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

D.

Signage. Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

Figure 45-1: Electric Vehicle Parking Signs (typical)

A.

Family child care homes must be an accessory use to an allowed household living use and be licensed by the State of Oklahoma.

B.

Applicants for family child care homes must obtain a zoning clearance permit and a certificate of occupancy before commencing operation.

C.

Family child care homes may provide supervision for no more than twelve (12) children.

D.

Signs advertising a family child care home are prohibited.

E.

No exterior building alterations or site modifications may be made that would change the residential character of the premises.

(Ord. No. 25092, § 5, 7-26-2023; Ord. No. 25192, § 10, 12-6-2023)

A.

Fences and walls within required building setbacks may not exceed eight (8) feet in height, except that in required street setbacks fences and walls may not exceed four (4) feet in height. However, in R zoned districts, fences up to eight (8) feet in height are permitted in side street setbacks of detached houses or duplexes located on corner lots and in street setbacks abutting the rear lot line of houses or duplexes located on double frontage lots. The board of adjustment is authorized to modify these fence and wall regulations in accordance with the special exception procedures of Section 70.120.

B.

Electrical fence charger systems are prohibited, except for the following:

1.

Electrical fence charger systems are allowed on parcels of land with an area of ten (10) acres or more, provided the system is not readily accessible to the public; and

2.

Electrical fence charger systems are allowed on parcels of land with an area of less than ten (10) acres, provided that the conductors are located at least eight (8) feet above grade and are not readily accessible to the public.

C.

Barbed-wire and razor-wire fencing is permitted as of right in AG, IL, IM, and IH districts, except as limited by Title 24, Section 103 of the Tulsa Revised Ordinances. Barbed-wire and razor-wire fencing is prohibited in all other districts unless approved in accordance with the special exception procedures of Section 70.120, subject to the limitations of Title 24, Section 103 of the Tulsa Revised Ordinances.

(Ord. No. 24382, § 4, 6-10-2020)

A.

General. Geothermal heat exchange systems are permitted as an accessory use in all zoning districts.

B.

Location.

1.

Above-ground equipment is subject to compliance with the minimum building setback regulations of the subject zoning district, including the setback obstruction provisions of Subsection 90.090C.

2.

Underground equipment, piping and devices may not be located in any public easement or right-of-way.

A.

Description. Home occupations are jobs or professions conducted wholly or partly from a residential dwelling.

B.

Purpose. The home occupation regulations of this section are intended to allow Tulsa residents to engage in customary home-based work activities, while also helping to ensure that neighbors are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.

C.

Types of home occupations. Two (2) types of home occupations are defined and regulated under this section: Type 1 and type 2.

1.

Type 1 home occupations. Type 1 home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site. Typical examples include telecommuting office workers, writers, consultants, artists and crafts people.

2.

Type 2 home occupations. Type 2 home occupations are those in which household residents use their home as a place of work and either employees or customers come to the site. Typical examples include tutors, teachers, photographers, counselors, hair cutting/styling and real estate agents.

D.

Exemptions. Nonresidential uses that are expressly allowed in conjunction with residential uses (e.g., bed and breakfast uses and family child care homes) are not subject to home occupation regulations.

E.

Allowed uses. The home occupation regulations of this section establish performance standards for all home occupations rather than listing specific home occupation uses that are allowed. Uses that comply with the standards of this section are allowed as of right unless otherwise expressly stated.

F.

Prohibited uses. The following uses are expressly prohibited as home occupations:

1.

Any type of assembly, cleaning, maintenance, painting or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

2.

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

3.

Equipment or supply rental businesses;

4.

Taxi, limo, van or bus services;

5.

Tow truck services;

6.

Taxidermists;

7.

Restaurants;

8.

Funeral or interment services;

9.

Animal care, grooming or boarding businesses; and

10.

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and

11.

Any use that does not comply with regulations of this section.

G.

Where allowed.

1.

Type 1 home occupations. Type 1 home occupations are permitted as of right as an accessory use to a principal use in the household living use category. Type 1 home occupations are subject to the general regulations of Subsection 45.100H. and the supplemental regulations of Subsection 45.100I.

2.

Type 2 home occupations.

a.

Type 2 home occupations may be approved as an accessory use to a principal use in the household living use category through the special exception procedures of Section 70.120. Type 2 home occupations are subject to the general regulations of Subsection 45.100H. and the supplemental regulations of Subsection 45.100J.

b.

Type 2 home occupations may be approved as an accessory use to a principal use in the household living use category through mandatory development plan provisions defined in Subsection 70.040B.1. Type 2 home occupations are subject to the general regulations of Subsection 45.100H. and the supplemental regulations of Subsection 45.100J. or as may be further regulated in a mandatory development plan.

H.

General regulations. All type 1 and type 2 home occupations are subject to the following regulations:

1.

Home occupations must be accessory and subordinate to the principal residential use of the property.

2.

Home occupations that change the character of the residential building they occupy or that adversely affect the character of the surrounding neighborhood are prohibited. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood in Tulsa. Home occupations must be operated so as not to create or cause a nuisance.

3.

Any tools or equipment used as part of a home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

4.

External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, the addition of a separate building entrance that is visible from abutting streets or the exterior display of an illuminated nameplate sign (See Subsection 60.030C., Nameplates).

5.

No display of any material or merchandise is allowed.

6.

The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 C.F.R. Section 171.8.

7.

Home occupations are subject to the commercial truck parking prohibition of Section 45.130.

I.

Supplemental Regulations for Type 1 Home Occupations.

1.

Only residents of the dwelling unit in which the home occupation is located may be engaged in a type 1 home occupation. No nonresident owners, employees or contractors may be present on the subject property.

2.

No clients, customers, patients, or students are allowed in conjunction with a type 1 home occupation.

3.

Type 1 home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building.

4.

More than one Type 1 home occupation is allowed as an accessory use, but the general regulations of Subsection 45.100H. and the supplemental regulations of Subsection 45.100I. apply to the combined home occupation uses.

J.

Supplemental regulations for type 2 home occupations.

1.

Only uses approved in accordance with the special exception procedures of Section 70.120 or through a mandatory development plan are allowed as type 2 home occupations.

2.

At least one individual engaged in the home occupation must reside in the dwelling unit in which the home occupation is located as their primary place of residence.

3.

No more than three (3) clients or customers may be present at any one time on the site of a type 2 home occupation. Family members of the client or customer are not counted towards the three-person limit.

4.

A maximum of one nonresident employee is allowed with a type 2 home occupation if no customers or clients come to the site at any time. Home occupations that have clients, customers or students coming to the site may not have nonresident employees and vice-versa. For the purpose of this provision, the term "nonresident employee" includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

5.

Type 2 home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building.

The development administrator is authorized to allow accessory sales or service of alcoholic beverages if the development administrator determines that all of the following criteria are met:

A.

The proposal complies with the accessory use criteria of Subsection 45.010B.; and

B.

The use is located in a zoning district in which bars are permitted as of right or the use is temporary in nature and located on city-owned property.

A.

Retail sales of convenience goods and retail sales of shopping goods (office support services) are allowed as an accessory use to a principal office use in the OH district and in any O district with a PUD overlay.

B.

Office support services must be located in the same building as the principal office use, and occupy, in aggregate, no more than fifteen (15) percent of the floor area of the subject building.

C.

Office support services must have internal access from the subject office building. External entrances are also allowed.

A.

Description. A commercial vehicle, for the purpose of determining compliance with Section 45.130, is any vehicle, including but not limited to a car, van, truck, bus, semi-truck, or tow truck, that includes any of the following characteristics:

1.

More than two (2) axles;

2.

A cab height greater than eighty-four (84) inches;

3.

Any part or attachment to the vehicle capable of exceeding the height of ninety (90) inches;

4.

A gross vehicle weight rating greater than twelve thousand (12,000) pounds;

5.

An overall length of more than twenty-five (25) feet;

6.

A commercial sign or message exceeding four (4) square feet per side; or

7.

A tow sling or other device designed specifically to tow another vehicle.

B.

Where prohibited. No commercial vehicle as defined in Subsection 45.130A. may be parked or stored outdoors within a residential zoning district. This provision is not intended to prohibit the following:

1.

Vehicles accessory to a permitted non-residential use and parked on the lot containing the use;

2.

Deliveries and pickups by common carrier delivery vehicles or service vehicles being actively used, loaded, or unloaded (e.g., postal service, UPS, FedEx, et al.) of the type typically used in residential neighborhoods;

3.

Recreational vehicles (See Section 45.150);

4.

Vehicles registered to a governmental body or utility provider and used for law enforcement, emergency response, or repair of public infrastructure; or

5.

Vehicles accessory to a construction project or an active building or construction permit.

(Ord. No. 24725, § 15, 11-17-2021)

In R or AG-R districts, parking or storage of inoperable or unlicensed motor vehicles is prohibited within street yards.

A.

Other than for purposes of loading and unloading, which must take place within a forty-eight-hour period, recreational vehicles located in an AG, AG-R, R or MX district may be parked or stored only in the following locations:

1.

Within a garage;

2.

Within a rear building setback, provided it is set back at least three (3) feet from all lot lines;

3.

Within a side yard but not within a required side building setback;

4.

Within a side building setback if the recreational vehicle is no more than six (6) feet in height, excluding the height of any outboard motor or windshield, and the recreational vehicle is screened along the lot line nearest to the vehicle and extending for the vehicle's the full length by an F1 screening fence or wall in accordance with Subsection 65.070C.; or

5.

Within the street yard, provided that the development administrator determines that all of the following conditions exist:

a.

Space is not available or there is no reasonable access to either the side yard or rear yard;

b.

Parking inside the garage is not possible due to the height or width of the recreational vehicle;

c.

The recreational vehicle is parked perpendicular to the street lot line;

d.

The body of the recreational vehicle is at least twelve (12) feet from the face of the curb or travel lanes of the street and does not extend over a sidewalk; and

e.

No more than one recreational vehicle is parked or stored in the street yard.

6.

For purposes of these provisions:

a.

A corner lot is always deemed to have reasonable access to the rear yard;

b.

A fence does not necessarily prevent reasonable access to a yard; and

c.

A boat loaded on a boat trailer is considered one recreational vehicle.

B.

The parking and storage of recreational vehicles in an R or AG-R district is permitted in accordance with Subsection 45.150A., provided that:

1.

The vehicle is not used for dwelling purposes;

2.

The vehicle is not permanently connected to sewer lines, water lines, or electricity; and

3.

The vehicle is not used for storage of goods, materials, or equipment other than those items considered to be a part of the recreational vehicle or essential for its use as a recreational vehicle.

C.

If the siting regulations of Subsection 45.150A. cannot be met, parking or storage of recreational vehicles in the street yard requires approval in accordance with the special exception procedures of Section 70.120.

A.

Residential support services include restaurants and retail sales of convenience goods provided primarily to serve the needs of residents of residential buildings.

B.

Residential support services are allowed in the RM-3 district and all MX districts as an accessory use to any principal group living use and in apartment/condo buildings.

C.

Residential support services must be located in the same building as the principal residential use, and occupy, in aggregate, floor area of no more than four thousand (4,000) square feet or ten (10) percent of the floor area of the principal residential use, whichever is less.

D.

Residential support services must have internal access from the principal residential building. External entrances are also allowed.

Rooming units that are accessory to household living uses are allowed, provided that the total number of unrelated persons residing on the property does not exceed the number permitted in the household.

A.

Where allowed.

1.

Satellite dish antennas up to forty (40) inches in diameter are permitted as of right as an accessory use to all lawfully established principal uses in all zoning districts. They are subject to all applicable accessory structure setback regulations.

2.

Satellite dish antennas over forty (40) inches in diameter, up to one hundred twenty (120) inches in diameter, are permitted as of right as an accessory use to all lawfully established principal uses in mixed-use and nonresidential zoning districts. They are subject to all applicable accessory structure setback regulations.

B.

Location.

1.

In RM and MX districts, satellite dish antennas may be located anywhere in the buildable area of the lot (outside of required building setbacks) or on an allowed principal or accessory building on the lot.

2.

In RS, RD and RT districts, satellite antennas may be located only to the rear of any principal structure. If usable communication signals cannot be obtained from a rear location, the satellite antenna may be located in the side yard. If usable satellite communication signals cannot be received by locating the antenna in the rear or to the side of the principal structure, the antenna may be placed in the street yard outside of the required building setback or on the roof in a location that is visible from the street, provided that the diameter of the satellite dish antenna does not exceed eighteen (18) inches.

3.

Ground-mounted satellite dish antennae must be visually screened to reduce visual impact from surrounding properties at street level and from public streets.

A.

Description. The rental of all or a portion of a dwelling unit, which is the primary residence of a household, for temporary lodging for a period of less than thirty (30) consecutive days. An accessory short-term rental is limited to a maximum occupancy of eight (8) persons—including the dwelling's residents—at any one time.

B.

General. The supplemental use regulations of this section apply to all accessory use short-term rentals.

1.

An accessory short-term rental must comply with all licensing requirements of the City of Tulsa and an approved license number must be included with any material advertising the short-term rental.

2.

A register of short-term rental guests must be maintained and made available to city code enforcement upon request.

3.

On-site events are not permitted in conjunction with an accessory short-term rental. Examples of on-site events include but are not limited to weddings, receptions, anniversaries, private parties, banquets, and business seminars.

4.

External structural alterations or site improvements that change the residential character of the lot upon which an accessory short-term rental is located are prohibited. Examples of such prohibited alterations include the construction of a parking lot, the addition of commercial-like exterior lighting, and signage.

5.

No recreational vehicle, bus, or trailer shall be parked on a residential street in conjunction with a short-term rental use. A recreational vehicle, bus or trailer may be parked on the property if not visible from the street.

(Ord. No. 24328, § 7, 3-11-2020)

A.

General.

1.

Solar energy systems are permitted as of right as an accessory use to all lawfully established principal uses in all zoning districts.

2.

Accessory solar energy systems must comply with all applicable building and electrical code requirements.

B.

Building-mounted solar energy systems

1.

Building-mounted solar energy systems may be mounted on principal and accessory structures.

2.

Building-mounted solar energy systems may not encroach into required street setbacks. Systems mounted on principal structures may encroach into interior side and rear building setbacks in accordance with Subsection 90.090C.

3.

Only building-integrated or flush-mounted solar energy systems may be installed on street-facing building elevations.

4.

Solar energy systems may not extend more than three (3) feet above the applicable maximum building height limit for the subject building type or more than five (5) feet above the highest point of the roof line, whichever is less.

Figure 45-3: Roof-Mounted Solar Energy Systems

C.

Ground-mounted solar energy systems.

1.

In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard area.

2.

Ground-mounted solar energy systems may be located within required interior side and rear setbacks.

3.

Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

(Ord. No. 25192, § 10, 12-6-2023)

A.

General.

1.

The regulations of this section apply to all small wind energy conversion systems.

2.

Small wind energy conversion systems are also subject to building code requirements.

B.

Where allowed.

1.

One small wind energy conversion system is permitted per lot as an accessory use to a lawfully established principal use in all zoning districts, provided that such systems comply with all applicable requirements of this section.

2.

Up to three (3) small wind energy conversion systems may be allowed on a single lot if the lot is at least one acre in area and the systems are approved in accordance with the special exception procedures of Section 70.120.

C.

Height.

1.

The maximum allowed height of a small wind energy conversion system, measured as the distance from ground level at the base of the structure to the highest point of the structure, varies based on the size of the lot on which it is located, as indicated in Table 45-1.

Table 45-1: Maximum Height of Small Wind Energy Conversion System

2.

The lowest point of any moving elements, such as blades or vanes, must be at least twenty-five (25) feet above grade immediately beneath the moving element.

D.

Siting. Small wind energy conversion systems may not be located in required building setbacks or within easements. In addition, systems must be set back from all property lines by a distance at least equal to one hundred ten (110) percent of the overall height of the system, measured from grade at the base of the structure to the highest point of the system structure, which includes the tip of the top blade when the blade is in its highest position.

E.

Design and operation.

1.

All small wind energy conversion systems must be equipped with manual and automatic over-speed controls to limit the blade rotation speed to within the design limits of the system.

2.

The rotating turbine may not produce vibrations that are perceptible to humans standing at ground level outside the property lines of the subject lot.

3.

Operational noise of a small wind energy system may not exceed sixty (60) db(A) at the nearest property line except during short-term high wind speed events such as storms.

4.

Lattice-type towers and towers using guy wires are prohibited.

5.

All power transmission and telemetry lines from a ground-mounted small wind energy conversion system to any building or other structure must be placed underground.

6.

Towers, rotors and turbines may not be illuminated unless required by a state or federal agency, such as the FAA.

7.

All structures and equipment must maintain factory colors or be finished in a non-reflective, matte finished, neutral color.

8.

No commercial messages may be placed or painted on the tower, rotor, turbine, generator or tail vane that is legible from off-site. This provision is not intended to prohibit warning signs or manufacturer's logos.

9.

All climbing pegs, ladders and similar apparatus on ground-mounted small wind energy conversion systems must be located at least twelve (12) feet above the ground at the base of the structure.

F.

Permits. The following information must be submitted with a zoning clearance permit application for a small wind energy conversion system:

1.

A description of the system, including its maximum power-rated output capacity.

2.

The make, model, an illustrative photograph or brochure, manufacturer's specifications including noise data (decibels) for the proposed wind energy conversion system, the support structure, and method of attachment to the ground and/or structure.

3.

Elevation drawing of the wind energy conversion system showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of climbing apparatus.

4.

If the wind energy conversion system is not certified as meeting the IEEE 1547 standards (Institute of Electrical and Electronic Engineers), then an assessment must be provided from an electrical engineer indicating that protection equivalent to the IEEE standard will be provided.

G.

Abandonment. Any small wind energy conversion system that is not operated for a continuous period of twelve (12) months or more or that is in an obvious state of disrepair or a threat to public safety will be considered abandoned and must be dismantled and removed from the property at the expense of the property owner.

A.

Accessory use farmers markets are subject to compliance with all supplemental regulations for farmers markets in Section 40.135.

B.

Farmers markets may operate as an accessory use in all districts where they are allowed by right.

C.

In districts where farmers markets are not allowed by right, farmers markets may operate as an accessory use to the following principal uses for up to two days per calendar week, regardless of the zoning district:

1.

Religious assembly,

2.

College or university,

3.

Governmental service or similar functions,

4.

Library or cultural exhibit,

5.

School,

6.

Fraternal organization,

7.

Parks and recreation, and

8.

Apartment/Condo.

(Ord. No. 25604, § 10, 6-18-2025)