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Warr Acres City Zoning Code

CHAPTER 19

36 C-3 NEIGHBORHOOD SHOPPING DISTRICT

19.36.010: GENERAL DESCRIPTION:

The C-3 (neighborhood shopping) district is intended for the conduct of retail trade and personal services to meet the needs of the residents of the adjacent neighborhoods. Because these shops and stores may be an integral part of the neighborhood and in close proximity to housing, the requirements for light, air, open space, and signs are more strict than the C-4 district. (Ord. 832 §1, 1997)

19.36.020: PERMITTED USES:

Planning commission approval is not required for permitted uses unless the city inspector deems the circumstances of the application to be of a nature that would cause concern or be of special interest to the community. The city inspector may, at his discretion, add such application to the planning commission agenda for discussion. All activity shall take place within an enclosed building, except as permitted in this chapter. Property and buildings shall be used only for the following purposes:
   Accessory buildings, structures and uses customarily incidental to the uses listed in this section when located on the same lot are subject to the following conditions:
      A.   No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced.
      B.   All accessory buildings shall be limited to occupancy and use by occupants of the main building.
      C.   No accessory building shall be located across lot lines separating two (2) or more dwellings or buildings regardless of ownership or tenancy status of the lots.
      D.   Access to the accessory building shall be limited to the lot it occupies.
      E.   Building material of accessory buildings shall conform to the current building standards of the city, provided that corrugated or unpainted galvanized building materials shall not be permitted.
      If a new and/or replacement accessory building or structure is to be used in a home occupation, type B, the applicant must meet the requirements set forth for home occupation, type B conditions in section 19.36.030 of this chapter.
   Accessory sign. Subject to the requirements set forth in title 15 of this code.
   Carports. Permitted in the rear yard subject to existing easements.
   Clinic, outpatient.
   Eating, drinking, and recreation establishments of the following type:
      Billiard parlor, pool hall, or domino parlor.
      Catering facilities.
      Drive-in for food, drinks, or confection.
      Restaurant, cafe, or banquet hall, including those licensed by the ABLE Commission as a mixed beverage establishment, beer and wine establishment or bottle club so long as the establishment's main purpose is not the selling or serving of alcoholic beverages for consumption on the premises.
      Theater.
   Funeral home.
   Off street parking lot. Subject to the requirements set forth in chapter 19.44 of this title.
   Outside display and sales activities, only in accordance with the following guidelines:
      A.   Gasoline sales at an automobile service station or a retail business such as a convenience store.
      B.   Special sales merchandise may be temporarily displayed outdoors provided:
         1.   The display shall be limited to the sidewalk in front of the store.
         2.   No required parking lot area shall be used as a display or sales area.
      C.   No public sidewalk or street right of way shall be used for display except for a special community merchant promotion approved by the city council.
   Recreational uses such as a tennis court, gymnasium, or health club facility.
   Sales and service facilities including, but not limited to, the following:
      Bakery (five (5) employees or less).
      Bicycle shop.
      Household appliance store.
      Lock or security system shop.
      Radio, television, and home electronics shop.
      Shoe repair shop.
   Schools for instruction in dance or music.
   Self-service laundry.
   Store or shop for retail sales.
   Temporary buildings.
   Veterinary clinic/hospital; provided there are no outside runs and the practice is limited to nonfarm animals. (Ord. 1204, 9-15-2020)

19.36.030: USES SUBJECT TO REVIEW:

Planning Commission review and recommendation is required. The public hearing requirements for uses subject to review are set forth in chapter 19.54 of this title. All area requirements of this district must be met:
   Any of the following educational or cultural uses:
      Art gallery.
      Assembly hall for nonprofit corporation.
      Business college or school for vocational training.
      Library.
      Museum.
      Public or private school or college without dormitory facilities.
   Any mixed beverage establishment, beer and wine establishment or bottle club which has been licensed by the ABLE Commission and which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises.
   Any permanent outside display area or activity for a retail or discount store which can be seen from a public street or adjacent property, except that a sales or storage area for automobiles, trucks, motorcycles, boats, trailers or any other mechanical equipment is prohibited.
   Automotive related facilities including, but not limited to, the following:
      Automobile service station, or fuel pumps located with a retail business.
      Automobile wash and self-service automobile wash facility.
      Minor repair, including brakes and tune up, muffler or shock absorber installation, excluding a body repair or paint shop, truck or heavy equipment service, vehicle or trailer sales or rental, or vehicle storage.
      New parts store, sales only.
      Repair or service facility when operated as an accessory to retail or discount stores or service station, excluding a body repair or paint shop.
   Body piercing and/or tattoo establishment. Subject to the following restrictions:
      A.   Use restriction: Shall comply with all the requirements enforced by the State of Oklahoma.
      B.   Additional restrictions:
         1.   Shall meet City-County and State requirements including, but not limited to, safety, design, facilities, equipment.
         2.   The proposed establishment shall meet the license requirements set forth in title 5 of this Code.
   Bowling alley or indoor amusement place.
   Church, synagogue, mosque, or temple. Includes the main building and all other structures comprising the complex, including, but not limited to, parish hall, education building, parking, accessory structures, recreation area and open space, and minister's residence when a part of the complex, subject to the following condition:
      A.   A minimum lot area of three (3) acres.
   Daycare center. Subject to the following conditions:
      A.   Shall meet City-County and State requirements including, but not limited to, safety, design, facilities, and equipment.
      B.   The applicant shall meet the license requirements set forth in title 5 of this Code.
   Facility for drug or alcohol rehabilitation.
      A.   Use restrictions:
         1.   Shall meet City, County, and State requirements including, but not limited to, safety, design, facilities and equipment.
         2.   Shall not be located within six hundred fifty feet (650') of any church, public or private school or park, or in any Residential and Commercial District, except C-3 and C-4. The required distance shall begin at the property line of the proposed use and be measured to the nearest property line of the school, park, church, residential or commercial area.
         3.   The minimum lot area of the facility shall be three (3) acres.
         4.   All requirements of this district, plus other applicable requirements set forth in this title, must be met.
      B.   Additional standards:
         1.   The application shall contain a description of the type of program proposed, the number of participants that would be in the program at any one time, the number of staff that would be associated with the program and their general duties, the type of supervision that will be provided for the participants in the program, the means to mitigate any impact upon the surrounding land uses from the operation of the program and the behavior of the participants in the program.
         2.   The City staff, in its report to the Planning Commission, shall identify other uses within one mile of the proposed facility and shall provide the appropriate data and information to aid the Planning Commission in its deliberations.
         3.   The Planning Commission, in determining the negative impact to the surrounding community if it recommends approval of the application, shall consider all facts and circumstances relating to the application and areas surrounding the proposed site, including, without limitation, the differences or similarities of existing uses in the district and the compatibility or incompatibility of such a facility in the particular area.
   General warehouse or distribution center. There shall be no outside storage of materials; no noise, smoke, dust or odor shall be emitted from the structure; and all activity shall take place within the confines of a building.
   Home occupation, type B conditions. Applications are subject to the following review standards and considerations in addition to the general definition of home occupation, including one or more of the following activities or modifications to the property:
      A.   Client visitors allowed, subject to restrictions established in the review process.
      B.   Activity in other than the main house, e.g., garage, yard or accessory building or structure.
      C.   Any use of electrical or mechanical equipment in the home occupation activity.
      D.   Any structural alteration, including a separate entrance.
      E.   Any expansion of the existing driveway.
      F.   "Daycare home" as defined by the zoning ordinance.
      G.   Hours of activity.
      H.   Number of clients present at the same time.
      I.   Vehicle parking requirements, including a company car, trailer or truck.
      J.   Potential for noise and neighborhood disruption with number of client vehicles.
      K.   Effect on area by any proposed structural or property alteration.
      L.   The applicant shall meet the license requirements set forth in title 5 of this code.
   Hospital.
   Miniwarehouse.
   Office building and related professional, administrative, corporate, financial and service office uses.
   Residential uses associated with and maintained primarily for the benefit and use of occupants and families of the uses permitted in this district.
   Retail sales business requiring outside parking of more than two (2) sales, rental, service, or delivery vehicles on site.
   Single-family dwellings, two- to four-family dwellings and townhouses or apartments, when planned and developed as a part of a combined business-residential complex and submitted as a unit. (Ord. 1204, 9-15-2020)

19.36.040: YARDS; SETBACK:

All buildings or structures shall be set back from street rights- of-way and property lines as follows:
A.   Front Setback: The minimum depth shall be twenty five feet (25').
B.   Side Setback:
   1.   On the side of a lot adjoining a C-3 or C-4 district, there are no specific side yard requirements.
   2.   On the side of a lot adjoining a residential or C-1 district, there shall be a side yard of not less than ten feet (10').
   3.   Where the rear lot line of a corner lot adjoins the side yard of a residential or C-1 district, or is adjacent to the street there shall be a side yard of not less than fifteen feet (15').
C.   Rear Setback:
   1.   Where a commercial building is to be serviced from the rear, an alleyway, service court, or combination thereof of not less than thirty feet (30') in width shall be provided.
   2.   No commercial building shall be located closer than fifteen feet (15') to a rear lot line which adjoins a residential or C-1 district.
   3.   In all other cases, no rear yard shall be required. (Ord. 832 §1, 1997)

19.36.050: LOT COVERAGE:

While there are no specific lot coverage requirements, landscaping and off street parking and loading requirements of this title must be met. (Ord. 832 §1, 1997)

19.36.060: SIGHTPROOF SCREENING AND LIGHTING:

Whenever any commercial district, parking lot or parking area is established so as to adjoin the side or rear line of a lot in a residential district, sightproof screening, not less than six feet (6') in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond, the adjoining residential building setback line; except where the front yard is used for off street parking, then the provisions of chapter 19.44 of this title shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.36.070: LANDSCAPING:

At least five percent (5%) of the land area shall be devoted to landscaping in accordance with the requirements set forth in chapter 19.40 of this title. (Ord. 832 §1, 1997)

19.36.080: BUILDING HEIGHT:

No building or structure shall exceed thirty five feet (35') in height. (Ord. 832 §1, 1997)

19.36.090: CONVERSION OF STRUCTURES:

An existing residential building located within the C-3 district may be converted for a permitted use provided the following conditions are met:
A.   Conformance with yard, coverage, landscaping, and setback requirements;
B.   Parking, loading and access facilities shall be installed subject to the requirements set forth in chapter 19.44 of this title;
C.   The main building and all accessory buildings or structures shall be brought into full compliance with all applicable codes and ordinances of the city prior to occupancy;
D.   A building permit is required. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.36.100: PERMITTING RESPONSIBILITIES AND REQUIREMENTS:

A.   The applicant shall submit to the city inspector's office the required number of copies of all documents and application forms and fees that meet the permitting requirements before they can be reviewed by the city staff or the planning commission. Absent the required copies, the application shall be deemed to be incomplete. If an application for a permitted use is incomplete, review by the city inspector will be delayed until the required documentation has been submitted. If an application for a use subject to review is incomplete, it will not be placed on the agenda of the planning commission until the required documentation has been submitted. The city inspector shall distribute the documents as applicable. The city is not responsible for making said copies on behalf of the applicant.
B.   The following table sets forth the permitting responsibilities and requirements for permitted uses and uses subject to review within the C-3 (neighborhood shopping) zoning district. The table indicates which members of the city staff or the planning commission are to review each type of permit application. A blank space in the table indicates that the application does not require that item to be submitted.
Uses
Building Permit
Construction Plans
Plot Plan
Site Development Plan
Landscaping Plan
Grading Plan
Uses
Building Permit
Construction Plans
Plot Plan
Site Development Plan
Landscaping Plan
Grading Plan
Permitted Uses                         
   Accessory buildings
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Accessory sign
CI
CI
 
 
 
 
   Automotive related facilities
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Carports
CI
CI
 
CI, CE
 
 
   Clinic, outpatient
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Eating, drinking and recreation establishments, 3.2% alcohol or less
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Funeral home
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Off street parking lot
 
CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Outside display and sales activities
CI
CI
 
CI, CE, CP
CI, CE
CI, CE
   Recreational uses
 
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Sales and service facilities
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Schools for dance or music
CI
FC, CI
 
CI, CE, CP
CI, CE
CI, CE
   Self-service laundry
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Store or shop for retail sales
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
   Temporary buildings
 
CI
 
CI, CE
 
CI, CE
   Veterinary clinic/hospital
CI
FC, CI, CE
 
CI, CE, CP
CI, CE
CI, CE
Uses Subject To Review                         
   Automatic or self-service automobile wash facility
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Bowling alley or indoor amusement place
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Church, synagogue, mosque or temple
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Daycare center
Not required unless premises are being altered
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Eating or drinking establishments, 3.2% alcohol or more
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Educational or cultural uses
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Facility for drug or alcohol rehabilitation
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   General warehouse or distribution center
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Home occupation; type B
Not required unless premises are being altered
FC, CI
CI, PC
 
  
 
   Hospital
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Miniwarehouse
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Office building
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Permanent outside display area for a retail or discount store
CI
CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Residential uses
CI
FC, CI
 
CI, PC
 
 
   Retail sales business
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
   Single-, two- or four-family dwellings, townhouses or apartments as part of a combined business-
residential complex
CI
FC, CI, CE
 
PC, CI, CE, CP
CI, CE
CI, CE
Legend:                      
CI = City inspector                        
FC = Fire chief                        
CE = City engineer                        
CP = City planner                        
PC = Planning commission                        
 
(Ord. 1007 §8, 2005)