The C-5 (south end/industrial business) district is intended for the conduct of business activity which serves primarily the needs of the population of the larger metropolitan area. Because the uses serve and employ persons from a larger trade area, the activities and traffic generated make the activities the least compatible with residential development of the city. Therefore, this district covers only the Northwest 39th Expressway traffic corridor areas. The district makes provision for those areas which require display outside the confines of an enclosed building and for light manufacturing and warehousing activities. All the uses require direct access to persons from the surrounding trade areas. In order to maintain sound development and good community appearance, landscaping and off street parking are required. (Ord. 1144, 2014)

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. 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 the new and/or replacement accessory building or structure is to be used in a home occupation, type B, the applicant must meet all of the requirements set forth for home occupation, type B conditions in section 19.38.030 of this chapter.

   Accessory sign. Subject to the requirements set forth in title 15 of this code.

   Boats and other unlicensed recreational vehicles.

   Carports. Permitted in the rear yard subject to existing easements.

   Clinic, outpatient.

   Eating, drinking, and recreation establishments of the following types:

      Billiard parlor, pool hall, or domino parlor.

      Catering facility.

      Drive-in for food, drink, 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.

   Funeral home.

   Manufactured or prefabricated buildings or trailers with a use incidental, appropriate and subordinate to the principal use of the land or buildings located on the same land, which shall:

      A.   Meet city and federal manufactured home construction and safety standards.

      B.   Meet all requirements applicable to other buildings, structures and new construction including all necessary improvements, location, building, and occupancy permits and other certifications required by the city building codes.

      C.   Be attached and enclosed to the ground or pavement in conformance with the manufacturer's installation specifications for both live and shear loads.

      D.   Have the wheels, axles, springs, and towing tongue removed.

      E.   Have skirting installed in accordance with the manufacturer's installation instructions. In the absence of such installation instructions skirting shall be installed as follows:

         1. Top of skirting shall be attached firmly to the trailer itself.

         2. Bottom of skirting shall be firmly attached to a base plate of pressure treated wood, naturally decay resistant wood or metal channel attached to the ground surface by long spikes if on a natural surface, or anchor bolts if on a hard surface.

         3. Skirting shall be squared and plumb with the trailer.

      Any structural alteration or modification of a manufactured or prefabricated building or trailer, after it is placed on the site, must be approved by the city. All structural additions shall comply with the city building codes including application for a building permit.

   Miniwarehouse.

   Off street parking lot. Subject to the requirements set forth in chapter 19.44 of this title.

   Outside display and sales activities, provided:

      A.   No merchandise shall be placed on public rights of way, required parking spaces, required landscape areas, or within a sight triangle.

      B.   Merchandise or material not being actively offered for sale shall not be stored outside a building.

   Recreational uses within an enclosed building including, but not limited to, the following:

      Bowling alley.

      Gymnasium.

      Health club facility.

      Skating rink.

      Tennis court.

   Sales and service facilities including, but not limited to, the following:

      Bakery.

      Bicycle shop.

      Electrical repair shop or similar contractor excluding outside storage of equipment and supplies.

      Hotel accommodations.

      Household appliance store.

      Laundry or dry cleaner.

      Lock or security system shop.

      Pawnbroker (as defined at section 5.34.010 of this code).

      Plumbing shop.

      Radio, television, and home electronics shop.

      Shoe repair shop.

   Schools for instruction for dance or music.

   Store or shop for retail sales.

   Temporary buildings.

   Theater for motion pictures or stage performances.

   Veterinary clinic/hospital, provided there are no outside runs and the practice is limited to nonfarm animals. (Ord. 1204, 9-15-2020)

Planning Commission review and recommendation is required. Sole ingress and egress off 39th Expressway required as a condition of any grant of use on review (grant of use revocable if this condition is violated after grant is given by City). 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:

   Adult entertainment uses:

      A.   Review Uses:

         Adult amusement or entertainment.

         Adult bookstore/retail.

         Adult motel.

         Adult motion picture arcade.

         Adult motion picture theater.

         Massage parlor.

         Sexual encounter center.

      B.   Development Regulations:

         1.   No "use subject to review" permits for an adult entertainment use shall be granted for any proposed location which is within a one thousand foot (1,000') radius of any other adult entertainment use.

         2.   No adult entertainment use shall be located within five hundred feet (500') of any church, public or private school which offers a compulsory educational curriculum, R-1, R-2, or R-3 Districts, or public or private park.

         3.   All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the school, park, church, residentially zoned area, or adult entertainment use.

      C.   Nonconforming Use: Any business which is in violation hereof shall be deemed a nonconforming use. Such use shall not in any manner be enlarged, extended, altered, or rebuilt except that such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such use shall terminate or come into compliance.

      D.   Complying Use: In the event that any two (2) or more adult entertainment uses are located within one thousand feet (1,000') of each other, the adult entertainment use which shall have first been licensed or continually operated shall be deemed to be the complying use. The person, firm, corporation, or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of proving, by documented evidence, the date on which such adult entertainment use was first licensed or began continuous operation.

   Any of the following educational or cultural uses:

      Art gallery.

      Assembly hall for nonprofit corporation.

      Business college or school for vocational training.

      Library.

      Museum.

      Private school or college with or 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.

      Automotive related facilities including, but not limited to, the following:

         Automobile, light truck and trailer sales, rental and service, and new and used vehicles.

         Automobile service station.

         Car wash, self-service or automatic.

         General automobile repair, excluding auto salvage.

      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.

      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.

      Construction machinery or heavy truck sales and service with outside display of vehicles offered for sale.

      Daycare center. Subject to the following requirements:

         A.   Shall meet City-County and State requirements including, but not limited to, safety, design, facilities, 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, C-4 and C-5.

            3.   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.

            4.   The minimum lot area of the facility shall be three (3) acres.

            5.   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, distribution center, bakery or other food preparation, or light manufacturing plant; provided, there shall be no outside storage of materials unless completely screened from the view of any adjacent street property; no noise, smoke, dust or odor shall be emitted from the structure; and all manufacturing or assembling activity shall take place within the confines of a building.

      Home occupation, type B conditions. Applicants must meet the following conditions 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.

      Lumberyard.

      Medical marijuana retailer; holders of a medical marijuana dispensary/retail license as provided for in 63 Oklahoma Statutes 2018 section 421A (as may be amended hereafter) and which are in compliance with title 5, chapter 5.57 of this Code.

      Off street parking or storage of trucks, tractors, trailers, construction equipment, or any other equipment used off site.

      Office building and related professional, administrative, corporate, financial and service office uses.

      Open air market, swap meet or flea market, both temporary and permanent.

      Outside amusement or commercial recreation facility.

      Residential uses associated with and maintained primarily for the benefit and use of occupants and families of the uses listed under single-family dwellings, two- to four-family dwellings, etc., of this section.

      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.

      Used automobile parts, excluding auto salvage.

      Veterinary clinic, hospital, or kennel with outside runs. (Ord. 1204, 9-15-2020)

All buildings or structures shall be set back from street rights- of-way and property lines as follows:

A.   Front setback: There are no specific front yard requirements for this district, provided that landscaping and off street parking and loading requirements are met.

B.   Side setback:

   1.   On the side of a lot adjoining a C-3, C-4 or C-5 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, there shall be a side yard of not less than fifteen feet (15').

C.   Rear setback:

   1.   Where a commercial building is to be served from the rear, an alleyway, service court, or combination thereof, of not less than thirty feet (30') shall be provided.

   2.   No commercial building shall be located closer than fifteen feet (15') to the rear lot line which adjoins a Residential or C-1 District. (Ord. 1144, 2014)

There are no specific lot coverage requirements provided that landscaping and off street parking and loading regulations are met. (Ord. 1144, 2014)

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. 1144, 2014)

At least five percent (5%) of the land area shall be devoted to landscaping in accordance with the requirements of chapter 19.41 of this title. (Ord. 1144, 2014)

A.   Except as provided in subsection B of this section, maximum permitted building height shall be sixty feet (60') for occupiable space, plus a maximum of twenty (20) additional feet for nonoccupiable space, including, but not necessarily limited to, attic within a pitched roof, parapets, elevator housing, antenna or steeple. Space not meeting the definition of occupiable space as contained in the current city of Warr Acres building code shall be deemed nonoccupiable.

B.   When abutting or located less than one hundred fifty feet (150') from the property line of an R-1, R-2, or R-3 district, maximum permitted building height shall be thirty five feet (35') for that part of the building constructed within the one hundred fifty foot (150') area. Any part of a building that is located one hundred fifty feet (150') or more from the property line of an R-1, R-2, or R-3 district shall be subject to the height regulations of subsection A of this section. (Ord. 1144, 2014)

An existing residential building located within the C-5 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 and 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. 1144, 2014)

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-5 (south end/industrial business) 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.

 

 

 

(Ord. 1144, 2014)