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This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.

CITY OF GLENPOOL, OKLAHOMA

 

ORDINANCE NO. 746

 

AN ORDINANCE ADOPTING AND ENACTING THE ZONING CODE OF THE CITY OF GLENPOOL, OKLAHOMA, AS AMENDED HEREBY, UPDATING, AMENDING AND SUPERSEDING THE ZONING CODE OF THE CITY OF GLENPOOL, OKLAHOMA, ADOPTED BY ORDINANCE NO. 665 ON SEPTEMBER 17, 2012, AND CODIFIED AS TITLE 11, ZONING REGULATIONS, IN THE 2013 CITY CODE OF GLENPOOL, OKLAHOMA

 

 

            WHEREAS, Pursuant to Title 11 of the Oklahoma Statutes, Section 43-101, the Glenpool Planning Commission, subject to approval by the City Council, may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes in the City of Glenpool; and

 

            WHEREAS, Pursuant to Title 11 of the Oklahoma Statutes, Section 43-101, the Glenpool City Council did previously adopt the ZONING CODE OF THE CITY OF GLENPOOL, OKLAHOMA, by Ordinance No. 665, on September 17, 2012, and as codified in Title 11 of the 2013 City Code of Glenpool, Oklahoma; and

 

            WHEREAS, The City of Glenpool City Council approved and entered into a certain Professional Services Agreement between Kendig Keast Collaborative (“Consultant”) and the City of Glenpool, Oklahoma, pursuant to which the Consultant agreed to provide professional community planning services to assist the City in preparing an updated Zoning Code for the purpose, among others, of more effectively promoting the development of the Glenpool Community in accordance with the 2030 PLAN TEXT AND MAP UPDATE, approved and adopted on the date of this Ordinance No. 746; and

 

            WHEREAS, in accordance with such Professional Services Agreement, the City Council, the Planning Commission, members of the City of Glenpool Community and the Consultant undertook a lengthy and rigorous process of sixteen various workshops, listening sessions, advisory committee meetings, open houses, town halls and stakeholders’ meetings for the purpose of evaluating the current Zoning Regulations and making recommendations for their improvement and better adaptation to the development needs of the City of Glenpool; and

 

            WHEREAS, the City of Glenpool City Council and Planning Commission duly noticed and conducted joint public hearings commencing on August 28, 2017, and continued through November 14, 2017, and after due study and deliberations, the Planning Commission and the City Council deem it advisable and in keeping with the purposes of zoning regulations as provided by the Oklahoma Statutes to adopt the updated Zoning Regulations, as set forth in Exhibit A, attached and made a part hereof.

 

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENPOOL, OKLAHOMA THAT:

 

The updated Zoning Regulations for the City of Glenpool, as set forth and attached hereto as Exhibit A, is hereby adopted as the Zoning Code of the City of Glenpool, Oklahoma.

 

 

Approved this 13th day of November 2017, by the City of Glenpool Planning Commission.

 

 

 

___________________________________

Richard Watts, Chair

 

 

ATTEST:

 

 

___________________________________

Rick Malone, Planning Commission Recording Secretary

 

Approved this 14th day of November 2017, by the City of Glenpool City Council.

 

 

 

___________________________________

Timothy Lee Fox, Mayor

 

 

ATTEST:

 

 

___________________________________

Susan White, City Clerk

 

 

APPROVED AS TO FORM:

 

 

___________________________________

Lowell Peterson, City Attorney

 

 

Title 11
ZONING REGULATIONS

Chapter 1: Title, Purposes, Interpretation, and Jurisdiction ..................     Page 1

Chapter 2: Rules and Definitions ...........................................................     Page 5

Chapter 3: Zoning Districts and Map .....................................................   Page 22

Chapter 4: Development and Design Standards ..................................   Page 46

Chapter 5: Accessory Use and Building Standards ..............................   Page 62

Chapter 6: Site Development.................................................................   Page 64

Chapter 7: Signs ....................................................................................   Page 83

Chapter 8: Code Administrators ............................................................ Page 102

Chapter 9: Permits and Procedures ...................................................... Page 106

Chapter 10: Nonconformities ................................................................ Page 130

Chapter 11: Enforcement and Remedies ............................................. Page 135

Chapter 1
Title, Purposes, Interpretation, and Jurisdiction

 

Subchapter 1: General Provisions.

11-1-1: Short Title.

This Title shall be known and may be cited as the ZONING CODE OF THE CITY OF GLENPOOL, OKLAHOMA, and is referred to herein as “this Title”.

11-1-2: Authority.

This Ordinance is enacted pursuant to the provisions of Title 11, Oklahoma Statutes, Section 11-43-101 et seq. [11 O.S. § 43-101 et seq.]

11-1-3: Purposes.

This Title is enacted to:

A.    Promote health, safety, comfort, convenience, prosperity, order, and general welfare;

B.    Improve traffic safety, minimize congestion, and improve connectivity between uses; 

C.   Promote safety from fire, flooding, overcrowding, and other natural and man-made dangers;

D.   Provide adequate light, air, and open space and development amenities to improve livability and population concentration;

E.    Provide adequate, safe and affordable housing opportunities for all segments of the population;

F.    Provide opportunities for the economic development and expansion of the City in accordance with the Comprehensive Plan;

G.   Streamline and simplify the development review process by clearly articulating the design and development expectations of the City and eliminating unnecessary process where prudent;

H.   Provide code flexibility to allow the development community and City staff to adjust to evolving market conditions and trends for mixed housing neighborhoods and mixed-use development;

I.      Enhance property values and improve community character by implementing minimum building and site design and buffering requirements; and

J.    Implement the goals, policies, and recommendations of the Comprehensive Plan and other adopted City plans.

11-1-4: Jurisdiction.

A.    Territorial Jurisdiction. This Titleshall be in full forceand effect and shall applyto all lands within the incorporated limits of the City.

B.    Annexed Territory.

1.    When any territory shall be brought into the zoning jurisdiction of the City, by annexation or otherwise, such territory shall be deemed to be in the Agriculture (AG) District; unless, after due consideration and upon specific recommendation to the City Council by the Planning Commission, the territory is assigned permanent zoning in accordance with the recommendations of the Comprehensive Plan.

2.    No person shall begin construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a Zoning Clearance Permit and Building Permit from the City Planner and Building Official, respectively.

3.    Permits shall only be issued to allow improvements permitted in the Agricultural (AG) district, unless and until such territory has been reclassified as a new zoning district as prescribed herein.

4.    This Section shall not preclude subsequent zoning of the property by amendment in the manner set out in Chapter 9 of this Title.

C.   Public Property.Property owned, leasedor operated by the City or any other publicor governmental body oragency shall be subject to the terms of this Title.

D.   Pending Applications. An application for development approval, as well as the approval, conditional approval, or denial of an application shall be governed only by the duly adopted laws and regulations in effect at the time that an application was submitted to the City.


 

11-1-5: Effective Date.

The effective date of this Title shall be November 14, 2017, on which date the City Council repealed Title 11, as adopted by Ordinance 665 on September 17, 2012, and replaced it with Title 11, with all regulations constituted herein, as adopted by Ordinance 746 on November 14, 2017.

11-1-6: Severability.

A.    Severability, Excluding Signs.

1.    If any court of competent jurisdiction invalidates any provision of this Title, then such judgment shall not affect the validity and continued enforcement of any other provision of this Title.

2.    If any court of competent jurisdiction invalidates the application of any provision of this Title, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment. 

3.    If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

B.    Severability Regarding Signs.

1.    Generally. If any Section, Subsection, paragraph, clause, provision, or portion of Title 11, Chapter 7, Signs, or any other provision of this Title related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, or any other part of this Title.

2.    Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of intent with respect to severability set forth in Subsection B.1., above, if any Section, Subsection, paragraph, clause, or provision of Chapter 7, Signs, or any other provision of this Title related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Chapter, Subchapter, Section, Subsection, paragraph, clause, provision, or portion thereof, of this Title, even if such severability would result in a situation where there could be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

3.    Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. It is the intent of the City Council to ensure that the sign types and sign elements that may be constitutionally prohibited by this Title continue to be prohibited. Accordingly, without diminishing or limiting in any way the declarations of intent with respect to severability that are set forth in Subsections B.1. and B.2., above, if any Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, or any other provision of this Title related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, pertaining to prohibited signs or sign elements, or any Chapter, Section, Subsection, paragraph, clause, provision, or portion thereof, of this Title.

4.    Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of Chapter 7, Signs, as expressed therein. The City finds that the purposes stated in Chapter 7, Signs, are legitimate, substantial, and compelling public interests and are not intended to suppress free expression, and that any incidental restriction on expression that may occur as a result of those regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then:

a.      It is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of comparable geometry and character; that is more restrictive than the stricken provision in terms of sign area, and if the sign area is the same, sign height.

b.      If it is not possible for the court to strike only the portion of the provision that is found to relate to content, only that portion of any provision that may be found to be unconstitutional related to content shall be severed from Title 11, Chapter 7, Signs.

Subchapter 2: Effect of Regulations.

11-1-7: Abrogation.

A.    The provisions of this Title are the minimum standards necessary to accomplish the stated purposes of this Title. It is not the intent of this Title to interfere with, abrogate or annul any private easement, covenant, deed restriction, or other agreement between private parties. When the provisions of this Title impose a greater restriction than that imposed by such private agreements, the provisions of this Title shall control. When private agreements impose a greater restriction than imposed by this Title, such private agreements shall control. The City has no duty to search for the existence of private restrictions or to administer or enforce private restrictions.

B.    The provisions of this Title shall not be construed to supersede any other ordinance, law, or regulation, or prevent the enforcement of any other ordinance, laws, or regulation which may prescribe more restrictive limitations.

C.   The provisions of this Title shall not be construed to prevent the development of properties that were zoned RS-4 with a Planned Unit Development (PUD) overlay when RS-4 was among the zoning districts established by this Title, provided that the development of such properties fully complies with all the development requirements of this Title, as existed upon the adoption of Ordinance 665 on September 17, 2012, and any other development requirements that may have been imposed by City Council as conditions of the approval of RS-4 zoning with a PUD overlay.

D.   The provisions of this Title shall not be construed to prevent the development of property in accordance with development approvals granted by City Council, the Planning Commission, or Board of Adjustment under the former provisions of this Title, as adopted by Ordinance 665 on September 17, 2012, provided that all terms, conditions, and regulations in effect or attached as conditions of approval are satisfied and that said approvals have not expired under terms of approval or any former provision of this Title.

11-1-8: Consistency with Plans.

The regulations of this Title are intended to implement and be consistent with the Comprehensive Plan, as such may be amended from time to time, and the Major Street and Highway Plan, as both are adopted by the City Council and are incorporated by reference in the administration of this Title. Furthermore, the regulations of this Title are intended to implement the principles and policies of all other planning documents and statements of development policy adopted by the City Council.

Chapter 2
Rules and Definitions

 

11-2-1: Rules of Construction.

A.    Computation of Time. The time within which an act is to be completed will be computed by including the first and including the last day.

1.    If the last day is a Saturday, Sunday or legal holiday declared by the City, that day will be excluded.

2.    In the computation of time for public hearing notice, both the first day, the date of the advertisement, and the last day, the date of the hearing, will be excluded.

3.    The following time-related words will have the meanings set out below:

a.      "Day" means a calendar day unless working day is expressly specified.

b.      "Week" means seven calendar days.

c.      "Month" means a calendar month.

d.      "Year" means a calendar year, unless a fiscal year is specifically indicated.

B.    Word Usage. The rules of this Title will be observed and applied in the interpretation of this Title as set out below:

1.    Unless the context clearly indicates otherwise, words used or defined in one tense or form shall include other tenses or forms.

2.    Unless the context clearly indicates otherwise, words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

3.    The words "shall" and "will" are mandatory.

4.    The words "may" and "should" are permissive.

5.    The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals. Words of one gender shall apply to all persons, regardless of gender, as the context and application of this Title may reasonably suggest.

C.   Conjunctions.Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

1.    “And" indicates that all connected items, conditions, provisions or events shall apply; and

2.    "Or" indicates that one or more connected items, conditions, provisions or events shall apply.

D.   Delegation of Authority. Whenever a provision appears to require the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or Section specify otherwise.

E.    Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

11-2-2 Definitions.

For the purpose of administering this Title, certain terms and words are to be used and interpreted as defined below:

ABUTTING: In the context of a screening or enclosure requirement, means contiguous or separated therefrom by only a non-arterial street.In all other instances, the term shall mean contiguous.

ACCESSORY DWELLING UNIT (ADU): A dwelling unit that may be incorporated within the living area of a home or detached from the primary residence on the same lot. An ADU will include permanent provisions for living, sleeping, eating, cooking and sanitation.

ACCESSORY STRUCTURE: A structure on the same lot with a principal structure, of a naturethat is customarily incidental and subordinate to the principal structure.

ACCESSORY USE: A use on the same lot with a principal use, of a naturecustomarily incidental and subordinate to the principal use.

AGRICULTURAL USE: Agrarian use of property that includes farming, ranching, animal and poultry production, dairy farming, aquaculture, fishery, timber production, and riding stables.

ALCOHOLIC BEVERAGE SALES, OFF-SITE CONSUMPTION: A business with floor space devoted to the retail sale of beer, wine, or other alcoholic beverages for off-premises consumption and which requires a license under Oklahoma law. Such sales may constitute a primary or accessory use of an establishment.

ALCOHOLIC BEVERAGE SALES, ON-SITE CONSUMPTION: A business whose floor space is not primarily devoted to the sale of beer, wine, or other alcoholic beverages, but where on-premises consumption is permitted, subject to a license under Oklahoma regulations.

ALL-WEATHER MATERIAL:A material capable,during ordinary use, of withstanding, without substantial deterioration, normal weatherconditions.

ALLEY: A permanent public way providinga secondary means of access for serviceand emergency vehicles, and not intendedfor general trafficcirculation.

ANCILLARY OUTDOOR RETAIL AND SEASONAL SALES: Retail merchandise display and sales that occur externally, relative to the principal retail activities conducted within an enclosed structure on the site, which may include outdoor sales conducted in a garden center that is attached to the principal building or limited seasonal sales conducted in a detached structure, on a sidewalk, or in a parking area where permitted.

ANTENNA: A transmitting or receiving deviceused in telecommunication that radiates, or captures, a signal. References to antennas in thisTitle shall also include antennasupporting structures.

ANTENNA SUPPORTING STRUCTURE: A telecommunications facility that consists of a stand-alone support structure which has as its principaluse the support of an antenna(s) and associated equipmentand improvements.

ARTERIAL STREET:A designation on the Glenpool Major Streetand Highway Planas a primary or secondary arterial street.

AUTOMOBILE, MINOR SERVICE: Any automobile repair work that does not require the removal of the engine head or pan, transmission, differential, body work, the rebuilding or reconditioning of engines, framework, welding, and major painting service, or uses of a similar nature, constitute Minor Services. Minor Services include the changing of fluids, tires, batteries, shock absorbers, mufflers, brakes, lights, wipers, tinting, and other uses of a similar nature.

AUTOMOBILE, MAJOR SERVICE: A building or place arranged, designed, and used for providing intensive repair and servicing of all types of motor vehicles. Such repairs or services may include engine overhauls, transmission overhaul, wrecker service, collision services, including body, frame or fender straightening or repair; painting, undercoating and dust proofing, upholstery, and similar services.

BALE AND PALLET STORAGE: A collection area for storing bundles of goods typically closely pressed and packaged into bales for disposal and portable platforms, or pallets, used for the handling, storing, or moving of materials and packages.

BED AND BREAKFAST HOME: A lodging service that provides overnight or short-term accommodations for not more than five guests, usually including provision of a meal, located in a large single-family residence owned and operated by the residential owner or a manager of the structure.

BED AND BREAKFAST INN: A residential structure that provides 12 or fewer guestrooms and meals for overnight guests who pay a fee for such services. Said structure may also be rented for special events.

BOARD OF ADJUSTMENT: The Board of Adjustment of the City of Glenpool.

BUILDING: A structurepermanently affixed to the land,with one or more floors and a roof, and is bounded by either anotherbuilding with a common partywall, open air, or lot or lease lines.

BUILDING ENVELOPE: That area on a lot that encompasses all development, including but not limited to, excavation, fill, grading, structures, building height, decks, roof overhangs, porches, driveways, access ways and parking.

BUILDING HEIGHT:The vertical distancemeasured from the average groundelevation at the building wall tothe highest horizontal point of the structure.

BUILDING OFFICIAL: The official charged with the responsibility of issuing permits and enforcing, on behalf of the City, all adopted city construction codes or building requirements adopted by the City.

BUILDING PERMIT: A permit issued by the Building Official, after issuance of a Zoning Clearance Permit, to allow an applicant to erect, construct, reconstruct, alter or change the use of a building or other structure or improvements of land.

BUILDING SETBACK: The horizontal distancefrom the point of measurement, such as the centerline of an abutting street or the boundaryline of an abutting zoningdistrict to the nearest buildingwall.

BUSINESS PARK: Any tract of land that has been planned, developed, and operated as an integrated facility for a number of separate buildings or for a mixture of land uses, with special attention paid to integrated circulation, parking, truck access, utilities, drainage, site and building character, aesthetics, and use compatibility.

CALIPER: The diameter of the tree trunk measured at six inches above ground level for a tree trunk having a diameterof four inches or less, and the diameter of the tree trunk measuredat 12 inches above groundlevel for a tree trunkexceeding four inches.

CARE HOME: Premisesused for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes, as regulated by the State of Oklahoma.

CEMETERY: Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with andwithin the boundaryof a cemetery.

CERTIFICATE OF OCCUPANCY: An official certificate issued by the City throughthe enforcing officialwhich indicates conformance with this Titleand authorizes legaluse of the premises for which it is issued.

CHILDCARE CENTER: Any place, home, or institution which cares for six or more childrenunder the age of 16 years,apart from theirparents, guardians, or custodians, for regular periodsof time for compensation, as regulated by the State of Oklahoma. The term "childcare center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or places of worship and other institutions caring for children within an institutional building.

CITY COUNCIL: The governing and legislative body of the City of Glenpool.

CITY MANAGER: The Chief Administrative officer of the City of Glenpool.

CITY PLANNER: The administrative officer designated by the City Manager and charged with the primary responsibility of administering this Title.

CLUSTER HOUSING: A residential development containing attachedor detached units on a limited portion of land with the remaining land areas consolidated into common open space areas.

COLLECTOR STREET: A street classification on the Glenpool Major Street and Highway Plan.

COLLEGE, TECHNICAL, OR VOCATIONAL SCHOOL: A place of higher learning, including technical and trade schools, colleges, universities, business schools, training centers, beauty schools, culinary schools, and comparable advanced or continuing education facilities.

COMPATIBLE: Consistent with, harmonious with, similar to and/or complimentary to the design and character of the surrounding uses, buildings and structures.

COMPREHENSIVE PLAN: The Comprehensive Plan of the City adopted by the City Council, including all revisions and amendments.

COMMUNITY GROUP HOME: A community based residential facility for independent living that provides room and board,personal care, and habilitation servicesin a family environment as a singlehousekeeping unit for six to 12 resident developmentally challenged and/or physically limited persons with at least one but not more than three resident staff persons, as regulated by the State of Oklahoma. Personal care and habilitation services exclude on-site institutional type educational training, medical services, and nursing care.

CURB LEVEL: The mean levelof the established curb at the frontageof a lot. Where no curb has been established, the CityEngineer shall establish the curb levelor its equivalent for the purposes of this title.

DAYCARE CENTER: See “Childcare Center” definition.

DENSITY: The maximum number of dwelling units per gross acre of land permitted in a zoning district.

DETENTION/CORRECTIONAL FACILITY: A facility for the detention, containment, treatment or rehabilitation of persons arrestedor convicted for the violation of civil or criminal law. Such facilities include adult detention centers, juveniledelinquency centers, prerelease centers, correctional community treatment centers, jails, and prisons.

DEVELOPED AREA: The area of a lot which, on the effective date hereof, is covered by a structure, off-street parking or loading areas or other areas paved with all-weather material.

DRIP LINE: The periphery of the area underneath a tree which would be encompassed by perpendicular lines extending from the exterioredges of the crown of the tree.

DUMPSTER: A large trash receptacle designed to be hoisted and emptied into a truck.

DWELLING, APARTMENT: A building or suite of rooms which provides space for more than six dwelling units that are rented or leased for occupancy.

DWELLING, DUPLEX: A building containing two dwelling units designed for occupancy by not more than two families, separated by a shared wall with no penetrations from the ground to the roof, and each unit has a separate outside door. Included are all formsof industrial duplex dwellings, excluding manufactured and mobile homes.

DWELLING, LOT LINE HOME: A detached, single-family unit situated on one side lot line that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space. There are two types of lot-line homes:

A.    Standard lot-line homes have a street-facing garage.

B.    Patio lot-line homes have an alley-facing garage and a fenced or walled rear yard.

DWELLING, MANUFACTURED HOME: A factory-built single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403, National Manufactured Home Construction and Safety Standards Act of 1974, and is to be used exclusively as a place for human habitation, but which is not constructed with a permanent hitch or other device to allow it to be moved, other than for the purpose of moving the home to a permanent site. Manufactured homes do not have permanently attached wheels or axles, are transportable in one or more sections, which when erected on site, measure eight body feet or more in width and 40 body feet or more in length, or is 320 or more square feet in area. For the purpose of these regulations, a manufactured home shall be built after June 15, 1976, and shall bear a seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974.

DWELLING, MOBILE HOME: A portable structure that may be similar in appearance to a Manufactured Home but was constructed prior to June 15, 1976, and does not bear a National Manufactured Home HUD seal.

DWELLING, MANUFACTURED: A structure designed and intended for human occupancy on a year round or temporary or seasonal basis which has undergone at least partial prefabrication or preassembly under indoor factory conditions, excluding dwellings utilizing only prefabricated or preassembled sub-elements such as roof trusses, floor trusses, plumbing trees, or wiring harnesses. Included are the following subclasses:

DWELLING, MULTIPLEX (3-5 DWELLING UNITS): A multiple-family residential building type that has many attributes of a townhome, except that the building is designed to resemble a large single-family home. Units in a multiplex are not necessarily separated by a wall that extends from the foundation to the roof. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under units.

DWELLING, SINGLE­FAMILY DETACHED: A building, excluding manufactured homes and mobile homes, containing one dwelling unit designed for occupancy by not more than one family, and certified as complying with the building code of the City whether constructed on site or off site.

ELDERLY/RETIREMENT HOUSING: A residential complex containing multi­family dwellings designed for, and principally occupied by, senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical services and nursing care and is distinguished from life care retirement centers, as defined herein.

EMERGENCY AND PROTECTIVE SHELTER: A residential facility which provides room and board for a temporary period not to exceed 30 days, for protection, shelter, counseling, and preplacement screening for abused, displaced, or transient persons.

ENCROACHMENT: The unauthorized placement of a building or part of a building within a required regulatory setback, easement, right-of-way, or other regulatory boundary.

ESSENTIAL SERVICES: The development or maintenance of public services, police and fire stations, government facilities, utilities, and City-approved underground, surface, or overhead gas, electrical, telephone, steam, fuel or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm, police call box, traffic signals, hydrants and lift stations.

EXISTING BUILDINGS: A term used to determine the applicability of the regulations of this Title, relative to the time when buildings were originally started and completed and in existence prior to the effective date of this Title.

EXTRACTION: The enterprise of excavation and removal of minerals, stone, sand, gravel, soil, or similar materials from a site, whether the intent is to increase the utility and value of the site or to use the materials for landfilling on another site, and the processing of excavated materials. This includes surface and subsurface mining, borrow pits, storage, and the crushing, sifting, stock piling, sorting, processing, and storage of extracted materials.

FAMILY: Two or more persons occupying a single dwelling unit, provided that all members are related by blood, marriage, or other domestic bonds. Domestic staff may be housed on the premises without being designated as a family. Individuals not related by blood, marriage, or adoption occupying a single dwelling unit for on-site institutional education, training, supervision, medical service, or nursing care shall not be considered a family. A family does not include a "foster home" or a "neighborhood group home" as each is defined in this Section.

FAMILY DAYCARE HOME: A home which cares for no more than five children under the age of 16 years for regular periods of time for compensation, as regulated by the State of Oklahoma. The number of children includes preschool children of the family daycare parents under the age of two years living in the home.

FENCE: Any structure intended for the use of confinement, prevention of intrusion, boundary identification, or screening of an activity.

FLOODPLAIN: The land area adjoining a watercourse or drainage-way which would be inundated by the floodwater of the 100­year frequency flood, based on full urbanization of the watershed, as designated on a FIRM map and as predicted by the U.S. Corps of Engineers and interpreted by the City Engineer.

FLOODWAY: The primary channel of a watercourse or drainage-way and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwaters of the 100­year frequency flood, as designated by FIRM maps, and predicted by the U.S. Corps of Engineers and interpreted by the City Engineer.

FLOODWAY FRINGE: Those portions of the floodplain outside of the floodway but that are subject to inundation the 100­year frequency flood, as designated by FIRM maps, or as predicted by the U.S. Corps of Engineers and interpreted by the City Engineer.

FLOOR AREA, GROSS: The total floor space within the outside dimensions of a building including each floor level.

FLOOR AREA, NET: The area actually occupied, excluding accessory unoccupied areas such as corridors, stairs, closets, wall thickness, columns, toilet rooms, mechanical area or similar features.

FLOOR AREA RATIO: The floor area of a building(s) on a lot divided by the lot area.

FOSTER HOME: A dwelling used in whole or in part as living quarters for a household including one or more minor children placed by a licensed child placement agency who are not members of the family occupying said dwelling but are under their supervision, as regulated by the State of Oklahoma. A maximum of five children are allowed to reside in the home, including any natural children, if any children in the home are age two or younger. If no children are under two years, the maximum number of children residing in the home is six.

FRONTAGE: The linear measurement of a lot boundary which abuts a public street or the linear measurement of the building setback line when the boundary of the lot abuts a curbed non-arterial street or cul-de-sac.

HABITABLE FLOOR: Any floor usable for living purposes, which includes working, sleeping, heating, cooking or recreation, or a combination thereof.

HALFWAY HOUSE: A building used in whole or in part as a treatment center and dwelling quarters for persons unrelated by blood or marriage, who are undergoing care or rehabilitation for alcoholism or other forms of drug abuse.

HEAVY RETAIL (PERMANENT OUTDOOR STORAGE, SALES, AND USE): Retail and/or service activities that have regular outdoor service, storage, and display or partially enclosed structures, including, but not limited to, permanent retail or wholesale operations outside of an enclosed building, excluding enclosed and attached garden or home centers. Examples include building materials, recreational equipment, trailers, portable buildings, auto and truck sales, fleet storage, farm or construction equipment, and portable housing sales.

HEIGHT, BUILDING: See definition of Building Height.

HOME OCCUPATION: Any occupation or activity conducted within a dwelling unit which is incidental and subordinate to the use of the premises for dwelling purposes.

HOSPITAL, CLINIC, MEDICAL LAB, MEDICAL OFFICE BUILDING, URGENT CARE CENTER: A medical services facility, including hospitals, medical laboratories, clinics, urgent care centers, general medical and surgical hospitals, specialty hospitals, nursing homes, extended care, convalescence homes, and medical office buildings, where patients are examined and may include in-house clinical laboratory services and x-ray facilities for surgery or obstetrical care or other definitive medical treatment of similar extent, including physician and dental offices, physical or massage therapists, pharmacies, medical laboratories, rehabilitation, and related uses.

ILLEGAL NONCONFORMING USE OR STRUCTURE: A use or structure that did not exist prior to the date of adoption of this Title and was created without the required approval of the City or Tulsa County or created in violation of the applicable codes in effect when the use or structure was established.

INDOOR RECREATION AND AMUSEMENT, COMMERCIAL INTENSIVE: Commercial amusement and recreation activities typically conducted indoors that generate a variety of impacts on adjoining properties by hours of operation, noise, traffic volume, and the intensity of the use. Examples of typical uses include, but are not limited to: billiard parlor, bowling alley, dance hall, indoor theater, arena, and indoor recreation amusement center. This use category expressly excludes sexually oriented businesses. 

INDUSTRIAL, HEAVY: Refers to the following:

A.    Any use classified as a "high hazard" occupancy.

B.    Primary processing or manufacturing, or repair operations not specifically defined elsewhere in this Title, that involve:

1.    Outdoor storage in an area greater than that of the first floor of buildings on the lot;

2.    A material risk of environmental contamination, explosion, or fire; or

3.    Perceptible ground vibration, excessive noise or dust, emission of objectionable odors, or other environmental impacts.

C.   Processing of minerals, ores, or fossil fuels, excluding precious and semi-precious stone cutting for jewelry, or precision instruments, such as watches.

D.   Industries subject to New Source Review under the Federal Clean Air Act, or subject to Title V of the Federal Clean Air Act.

E.    For illustrative purposes, heavy industrial uses include, but are not limited to:

1.    Coal cleaning plants with thermal dryers, coke oven batteries, carbon black plants (furnace process), petroleum refineries, petroleum storage and transfer units, and bulk fuel dealers.

2.    Facilities used for food processing, such as fat rendering and stockyards.

3.    Manufacturing and processing of glass, wood, plastics, other raw materials, and chemicals for their transformation into in new products or components.

4.    Incinerators, foundries, smelting, fertilizer or ammunition manufacturing.

5.    Fossil fuel combustion, such as boilers, electricity generation, or smelting.

6.    Manufacturing and fabrication of building materials, such as countertops, drywall, cut stone; vehicles, manufacturing equipment, durable goods, pre-fabricated homes, or home components; plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding, arc welding with equipment rated at more than 200 amps, or TIG welding; and other heavy welding procedures, such as for structural steel, automotive body, or heavy equipment manufacture or repair.

7.    Airport/heliport.

8.    Dry cleaner processing plants that use PERC or comparable petrochemical solvents.

9.    Meat or seafood rendering and animal slaughter.

10.  Fossil fuel, waste-to-energy, and biomass plants that produce power.

11.  Recycling processing and collection.

F.    Semi-Conductor related uses shall be considered to be a heavy industrial use when the use relates to weapons, nuclear energy, pharmaceutical and biotechnology applications. If the semi-conductor use relates to applications such as computers and software services, mobile telecommunications, and related technology and hardware equipment, the use may be considered to be light industrial if the operation of the use satisfies all other aspects of the definition of "Light Industrial, Flex Commercial/Light Industrial.”

INDUSTRIAL, LIGHT, FLEX COMMERCIAL: Refers to industrial, wholesale, and intensive commercial uses that may have limited outdoor use, storage, and operations, and have limited environmental impact or risk. Typical uses include, but are not limited to, the following:

A.    Assembly of products, instruments, electronics, office machines, and items from pre-manufactured components;

B.    Auto or marine body, paint, or upholstery services;

C.   Building, development, and general contracting;

D.   Communications facilities, except wireless telecommunications facilities;

E.    Food production, other than restaurants and micro-breweries, and those food processing uses expressly cited as Industrial, Heavy;

F.    Furniture making or refinishing;

G.   Manufacture of textiles and apparel;

H.   Printing and publishing, except copy centers;

I.      Special trade contractors, excluding outside storage of any equipment that is more than 12 feet in height;

J.    Wholesale trade of durable and non-durable products, except farm products and combustible or hazardous materials;

K.    Uses that involve outside storage of heavy vehicles, with limited environmental impacts or risks, such as truck rental, heavy equipment rental, recreational vehicle or manufactured home storage and sales, and transportation or warehouse services; and

L.    Intensive commercial uses that provide services integral with the operation of an industrial center or that require the storage or warehousing of inventory and heavy equipment.

Heavy industrial uses that are small in scale and involve limited environmental impact or safety risk may be permitted in this category if:

·      The use is of high-tech nature involving small scale assembly, such as, but not limited to, computer components, data storage, and medical equipment, and where the use occupies less than 30,000 square feet and receives and ships via parcel courier service, not semi-trailers.

·      The use occupies less than 30,000 square feet of a masonry building, has no outdoor storage, processing, or operations, and receives and ships via parcel courier service, not semi-trailers.

·      The uses are in an industrial park setting and meet all light industrial criteria where the aggregate area of uses exceeds 30,000 square feet.

·      The use involves mini-warehouses with outside storage.

·      The use is a regional utility substation or distribution station.

·      The use involves research, a testing lab, or product development.

INTEGRATED: To combine things into a form so that they appear to become a whole. Where used architecturally, integrated requires screening elements to be adapted into the design of the building to create a unified building design for one, or a group, of buildings or uses. When used in conjunction with site development, integrated refers to parking, circulation, landscaping, and other site elements.

KENNEL: Any facility, excluding an authorized federal, state, or City facility, veterinary hospital, or research facility, that is operated commercially where four or more dogs beyond the age of six months are kept for the purposeof boarding, sheltering, grooming, breeding and/or training with the intent to sell or donate, for a period of more than 60 days. This definition does not include a private residencenor shall it be interpreted to allow a private residence to exceed the limitation on animal ownership set forth by City Code.

LAND AREA: The area of a lot or parcel, which for purposes of the minimum area requirements of this Title, is calculated as the area of the lot, plus one half, or 30 feet, whichever is less, of the right-of-way of any abuttingstreet on which the lot has access.

LANDSCAPING: Trees, shrubs, ground cover, vines, unpaved walkways, ponds, fountains, sculpture, and other organic and inorganic materials used for creating an attractive appearance. Smooth concrete or asphalt surfaces are not landscaping.

LANDSCAPED AREA: The unpaved area within a lot which contains grass, shrubs, flowers,ground cover, trees or native plant materialsand which may include decorative fixtures such as rocks, pools and planters.

LEGAL NONCONFORMING USE OR STRUCTURE: A use or structure that was in existence prior to the date of adoption of this Title, or when established/constructed subsequent to that date, conformed to the applicable regulations in effect at that time and was rendered nonconforming by an amendment of the regulations, or was rendered nonconforming as a result of annexation into the City.

LIFE CARE RETIREMENT CENTER: A residential facility containing dwellingsdesigned for and principally occupied by senior citizens in a planned retirement community, which includes a residential complex, an activity or community center, or a medicalor nursing facilitylicensed by the State of Oklahoma as an intermediate care facility, or a skillednursing center.

LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LIMITED USE, AUTHORIZATION OF: A land use which is permitted upon City Planner determination that all Limited Use criteria and other applicable requirements of this Title, and any other relevant City codes and ordinances, have been satisfied.

LIVABILITY SPACE: The open space of a lot not allocatedto or used for off-street parking, loading, or paved access, or buildings and the physical use of the property.

LOADING BERTH, OFF-STREET: A space designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

LOT: A lot of record on a plat which has been recorded in the office of the Tulsa County Clerk, or a parcel of land on a plat which was recorded in the office of the Tulsa County Clerk.

LOT AREA: The total horizontal area within the lot lines of a lot.

LOT LINE: Any property ownership boundary of a lot or parcel.

LOT LINE, EXTERIOR SIDE: The boundary of a corner lot that sides onto a second street.

LOT LINE, FRONT: The boundary of a lot which abutsa public street.Where the lot abuts more than one street, the plat shall be consulted as to which lot line is designated as a front or exterior side lot line. If not specified on the plat, the principal structure should be oriented in a manner appropriate with the orientation of the surrounding principal structures and other lots in the vicinity.

LOT LINE, REAR:The boundary of a lot which is distant from and most nearly parallelto the front lot line.

LOT LINE, SIDE:Any boundary of a lot which is not a front, rear, or exterior side lot line.

LOT OF RECORD:A lot which is a part of a subdivision where a plat was recorded by the County Clerk of Tulsa County, or a parcel of land in which the deed was recorded by the County Clerk of Tulsa County.

LOT WIDTH: The average horizontal distance between the side lot lines.

MAJOR STREET AND HIGHWAYPLAN: The Cityof Glenpool Major Streetand Highway Plan, as adopted by City Council, as may be amended.

MANUFACTURED HOME PARK: A tract of land designed or being used to accommodate two or more manufactured homes as dwelling units, as defined herein, for dwelling or sleeping purposes, with pads available on a rental or lease basis.

MANUFACTURED HOME SUBDIVISION: A tract of land subdivided into lots for manufactured homes, each of which will be served by separate utilities, have frontage on a dedicated public street, and be capable of being sold or rented.

MINI-STORAGE: A building containing small partitioned storage spaces, which are separately and individuallyrented or leased,for the storageof personal goodsor merchandise, but excluding commercial warehousing.

MIXED USE: Development in which a combination of residential and commercial uses, such as residential uses as second story uses over ground level retail uses, or several classifications of commercial uses, such as office and retail, or a business park, are located on the same parcel proposed for development.

MOBILE HOME: See definition of “Dwelling, Mobile Home”.

MOBILE HOME PARK: An area zonedand established to provide one or more parking spacesintended for mobile home occupancy, usuallyproviding utilities and public amenities.

NEIGHBORHOOD GROUP HOME: A home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single housekeeping unit for not more than five residentdevelopmentally disabled and/or physically limitedpersons with at leastone but not more than two residentstaff persons. Personalcare and habilitation services exclude on site institutional type educational trainingor medical or nursing care.

NURSING HOME: A residential healthcare facility licensed and regulated by the Stateof Oklahoma which provides lodging, personal care and supervision for aged, chronically ill, physically infirm,or convalescent patients.

OFFICE, GENERAL: Uses performed in an office, or office-like setting, in which professional, outpatient medical, or financial services are provided. The term includes accounting, auditing and bookkeeping, graphic design, interior design, architecture, engineering, legal services, mortgage services, insurance and financial services, computer programming, counseling, medical/dental/chiropractic offices, real estate sales, and virtual office services.

100­YEAR FREQUENCY FLOOD: A flood having an average frequency of occurrence once in 100 years, althoughthe flood may occur in any year, basedon statistical analysesof stream flow records available for the watershed and analyses of rainfall and runoff characteristics in the general region of the watershed, as predictedby FEMA, as depicted on FIRM maps, or as predicted by the U.S. Corps of Engineers andinterpreted by the City Engineer.

OPAQUE: Non-transparent and not able to be seen through on a year round basis.

OUTDOOR RECREATION, COMMERCIAL INTENSIVE: Commercial recreation activities typically conducted outdoors that generate a variety of impacts on adjoining properties by outdoor lighting, noise, traffic volume, and the intensity of the use. Examples of typical uses include, but are not limited to, commercial campground, recreation vehicle park, race track, drive-in theater, golf driving range, carnival, or fairgrounds. 

OUTDOOR RECREATION, PUBLIC: Recreation sites or facilities such as public parks, Homeowner Association operated facilities, designated public or commonly shared open space, golf courses, swimming pools, and tennis courts, typically located in or near neighborhoods, but do not include shooting ranges, amusement parks, carnivals, or similar forms of recreation that are incompatible with residential and public uses. 

OUTDOOR SALES AND DISPLAY: A principal use where products and inventory are displayed, stored, and sold outdoors because of their size, mass, or quantity. Examples include plant nurseries, automobile dealerships, recreational equipment dealerships, or agricultural implements. This definition does not pertain to seasonal sales, temporary sales, or any other short term or temporary outdoor use permitted in this Title. 

OUT-PARCEL: A building lot subdivided from a larger "parent" principal parcel, the combination of which functions as an integrated development that shares access, driveways, signs, landscaping, and off-street parking. The term is synonymous with the term "out-lot" and is typical with large scale integrated commercial developments. Out-parcels vary in size, may be platted lots or lease areas, but are generally smaller than 10 acres and often used as a restaurant, bank, drug store, or small scale retail or service use. It is typical for integrated developments to have multiple out-parcels with a variety of sizes.

OVERLAY DISTRICT: Zoning,applied over one or more other districts, creates a second,mapped zone that issuperimposed over the conventional zoning districts. Overlaydistricts, when used, typically provide a higherlevel of regulation than conventional zoning districts.

OVERSPEED CONTROL: A mechanism used to limit the speed of blade rotation to below the design limits of the Wind Energy Conversion System (WECS).

PARKING DURATION: The length of time an individual vehicleremains in a given parkingspace. Duration is a function of the driver'strip and purpose.

PARKING SPACE, OFF-STREET: A space on a lot intended and reserved for the parkingof an automobile, together with a driveway connecting the spacewith a street or alleyand permitting safe ingress or egress of an automobile.

PAWNSHOP / SHORT TERM FINANCING: An establishment that regularly engages in the short term loan of money on deposit of personal property or the possession of personal property on condition of selling the same back again to the pledger, or that loans or advances money on personal property by taking chattel mortgage security thereon. State and federally chartered banks and lending institutions are excluded.

PERSONAL SERVICE: Uses that generally offer indoor personal care services, including, but not limited to, spas, salons, dry cleaners, craft shops, travel bureaus, fitness centers, and customer personal services, but excluding services defined as a sexually oriented business.

PLACE OF ASSEMBLY: An indoor place where people gather for civic, religious or cultural purposes. The phrase "place of assembly" includes place of worship, meeting hall, lecture hall, or a place where a fraternal organization meets. The phrase "place of assembly" does not include the phrase "indoor recreation" or "indoor commercial amusement."

PLANNED NEIGHBORHOOD: A subdivision that includes a minimum of two housing types that may be clustered around a greater amount of open space that is used to protect site resources, preserve natural features, provide recreation area, and to buffer different housing types. A planned neighborhood provides for a mixture of housing types.

PLANNED UNIT DEVELOPMENT: A discretionary type of development for a tract of land under single ownership or control, basedupon an approveddevelopment plan permitting flexibility of principal land uses, lot sizes and accessoryuses not otherwiseavailable under conventional development standards.

PLANNING COMMISSION: The City of Glenpool Planning Commission.

PRIVATE CLUB OR LODGE: An association of persons organized for some common purpose, including fraternal organizations, whetherincorporated or not, but not including groupsorganized primarily to render a service that is customarily carried on as a business.

PUBLIC/PRIVATE SCHOOL (GRADES K-12): An institution that provides full-time instruction for students from kindergarten to 12th grade.

RECREATIONAL VEHICLE: A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

RECREATIONAL VEHICLE PARK: A plot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles.

REFUSE CONTAINER: A collection facility for garbage, paper, cartons, boxes, metals, glass and similar materials. Dumpsters and trash compactors are examples of refuse containers.

RESEARCH AND DEVELOPMENT, RESEARCHING AND TESTING LABORATORIES. A business that engages in research and development of innovative ideas in technology-intensive fields, with product testing, scientific research, evaluation, and test marketing.

RESIDENTIAL CARE FACILITY: A facility that provides custodial care to personswho, because of physical, mental, or emotional disorders, are not able to live independently.

RESIDENTIAL TREATMENT CENTER: A community based residential facility providing diagnostic or therapeuticservices and long term room and boardin a highly structured environment for its residents for substance abuse, mentalillness, or behavioral disorders, as regulated by the State of Oklahoma.

ROOMING AND BOARDING HOUSE: A facility wherein congregate meals and lodging are provided to residents exclusive of a supervised living or residential care facility and exclusive of a hotel or motel.

SALVAGE YARD: A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing salvage or junk, upon which occurs one or more acts of buying, storing, dismantling, processing, recycling, selling, or offering for sale any such salvage, in units or in parts, for a business or a commercial purpose. Wrecking yards used for the dismantling of cars and other equipment constitute a potential public nuisance and will only be considered if an applicant demonstrates that such a facility can be operated in a manner that would not constitute a nuisance.

SATELLITE RECEIVING DISH: Any parabolicantenna positioned to receive a signal from a satellite in ageosynchronous orbit.

SCREEN: A fence, wall, or hedge designed to obstruct public view of a storage or other area.

SETBACK: A horizontal distance determining the location of a buildingwith respect to a street,use district boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area", the setback shall,in its application, include, but not be limited to, buildings.

SELF-STORAGE FACILITY, INTERIOR ACCESS: A structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis, with all units being accessible from within the facility, with no access to outdoor roll up doors or storage lockers.

SELF-STORAGE FACILITY, EXTERIOR ACCESS: A structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis, which may have interior and/or exterior access.

SHOPPING CENTER, NEIGHBORHOOD: A group of retail, service, or office uses managed as a single entity to serve residents primarily within the immediate area of the center.

SHOPPING CENTER; GENERAL: A group of retail, service, or office uses managed as a single entity to serve a broad region of the City and surrounding area.

SIGN: Any object or device or part thereof situated outdoors or indoors used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means. Signs do not include official flags of governments or of fraternal, religious or civic organizations, window displays, time and temperature devices, murals or works of art, or scoreboards on athletic fields.

SPECIAL EXCEPTION: A use or a design element of a use which is not permitted by right in a particular district because of potential adverse effects, but which, if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by this Title, and in accordance with the substantive and procedural standards of this Title.

SPECIAL USE PERMIT: A use or a design element which is not permitted by right in a particular district because of potential adverse effects, but which, if designed and operated in a manner that is sensitive to its relationship to surrounding uses, may be permitted by the City Council, following review and a recommendation from the Planning Commission where specifically authorized by this Title, and in accordance with the substantive and procedural standards of this Title.

STORAGE OR USE OF FLAMMABLE OR NOXIOUS MATERIALS OR SUBSTANCES: A use engaged in storage or manufacturing that uses flammable, noxious, or explosive materials. Typical uses include, but are not limited to, chemical manufacturing and warehousing, fat rendering, fertilizer manufacturing, the manufacture and warehousing of fireworks and other explosives, petroleum refineries, pulp processing and paper product manufacturing, processes using radioactive materials, steel works, slaughter houses, and tanneries.

STREET WALL: The wall or part of the building nearest to the street line.

STREET YARD: The minimum required yard abutting a public street or the area of a lot contained between the minimum required building setback line and an abutting public street.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs.

SUBSTANTIAL IMPROVEMENT: The commencement of construction of initial permanent physical improvements necessary to construct an overall permitted development project, within the life of the permit that allowed such improvements. Examples of substantial improvements include the pouring of slabs or footings and the preparation of a building pad, followed by the continued progression of the project to its completion.

TAVERN, NIGHT CLUB: An establishment where the dispensing and consumption of alcoholic beverages is the principal use.

TEMPORARY CONSTRUCTION STRUCTURE: A temporary or portable structure used for a limited period of time as an administrative office for construction related activities occurring on the same lot under an active building permit. The structure will be removed at a time predetermined with the issuance of a Zoning Clearance Permit to allow the structure.

TOP PLATE: The horizontal timber directly carrying the trusses of a roof or the rafters.

TRANSITIONAL LIVING CENTER: A community based residential facility that provides short term residential (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, mental illness, alcoholism, or drug abuse, for a period not to exceed 120 days, as regulated by the State of Oklahoma.

TREE: A woody plant having one or more defined stems or trunks and having a defined crown and customarily attaining a mature height of eight feet or greater.

USABLE FLOOR AREA: All of the floor area in a building or buildings including hallways, but excluding areas of floor devoted to structural or partition walls, stair wells, elevator shafts, storage, boiler rooms, and mechanical service rooms.

VARIANCE: A relaxation of a restriction of this Title, granted by the Board of Adjustment, where, by reason of extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of the restriction of this Title would result in unnecessary hardship.

VETERINARIAN CLINIC: A building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building, but excluding outside animal runs or boarding services.

WIND ENERGY CONVERSION SYSTEM (WECS) (Wind Turbine, Wind Generator, Windmill, and Wind Machine): A machine that converts the kinetic energy of wind into a usable form of energy. WECS includes all parts of a system except the tower and transmission equipment.

YARD: An open, unoccupied space on a lot between a building and a lot line.

YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.

YARD, EXTERIOR SIDE: A yard extending along the full length of a lot located at the corner of two streets.

YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.

YARD, REQUIRED: The minimum permitted distance of open unoccupied space between a building and a lot line.

YARD, SIDE: A yard extending along a side lot line between the required front yard and the required rear yard.

ZONING CLEARANCE PERMIT: A permit issued by the Building Official upon the direction of the City Planner after all requirements of this Title have been satisfied.

Chapter 3
Zoning Districts and Map

 

Subchapter 1: Zoning Districts.

11-3-1: Purpose and Applicability.

A.    Purpose. The purpose of Chapter 3 is to:

1.    Establish zoning districts;

2.    Itemize representative residential and nonresidential land uses;

3.    Specify where each land use is Permitted or Prohibited in each district, and which uses require Limited Use authorization or Specific Use Permit approval;

4.    Show which land uses are allowed as a Temporary Use or as an Accessory Use; and

5.    Satisfy the following purposes for each land use classification:

a.    Agricultural:

·      Preserve and protect agricultural land;

·      Discourage wasteful scattering of development in rural areas; and

·      Obtain economy of public fund expenditures for improvements and services.

b.    Residential:

·         Achieve the residential objectives of the Comprehensive Plan;

·         Protect the character of residential areas by excluding inharmonious commercial and industrial activities;

·         Achieve a suitable environment for family by permitting in residential areas appropriate neighborhood facilities, such as places of worship, schools, and certain cultural and recreational facilities;

·         Preserve openness of the living areas and avoid overcrowding by requiring minimum yards, open spaces, and lot areas, and by limiting the bulk of structures;

·         Permit a variety of dwelling types and densities to meet the varying needs of families; and

·         Control the density of residential development to facilitate the planning for an economical provision of streets, utilities, and other public facilities.

c.    Office:

·         Preserve and promote the development of efficient office facilities and to maximize the compatibility with other land uses by establishing bulk and area controls; and

·         Establish districts necessary to provide a variety of office types.

d.    Commercial:

·         Achieve the commercial objectives of the Comprehensive Plan;

·         Meet the needs for commercial services and goods of the trade area;

·         Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land uses;

·         Differentiate the types and purposes of commercial activities; and

·         Protect the character of commercial districts and their peculiar suitability for commercial uses.

e.    Industrial:

·         Achieve the industrial objectives of the Comprehensive Plan;

·         Meet the needs for industrial services and goods of the city trade area;

·         Preserve and promote the development of efficient industrial areas;

·         Minimize the adverse effects of industrial uses on other land uses and thoroughfares by differentiating the types and purposes of industrial activities; and

·         Protect the character of industrial districts and their peculiar suitability for industrial uses.

B.    Applicability. The regulations of this Title apply to all land within the corporate limits of the City. All land, buildings, structures or appurtenances within the City that are occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the regulations prescribed for the zoning district in which such land or building is located, as provided in this Title.

11-3-2: Districts Established.

In order to implement the Comprehensive Plan and the other purposes of Chapter 1 of this Title, and other provisions of this Title, the City is divided into the zoning districts set out in Table 11-3-2, below. The regulations as set out herein are uniform throughout each district.


 

Table 11-3-2

Zoning Districts Established

District Type

District Abbreviation

District

The purpose of this district is to:

Agricultural

AG

Agricultural

Preserve agricultural and farmstead uses.

Residential Districts

Residential Single Family

RE

Residential Estate

Allow the development and conservation of single-family detached homes in a suitable environment for family life on large parcels of land at a low population density. 

RS-1

Single-Family Low Density

Allow conventional subdivisions of single-family detached dwellings.

RS-2

Single-Family Medium Density

Allow conventional subdivisions of single-family detached dwellings.

RS-3

Single-Family High Density

Allow conventional subdivisions of single-family detached dwellings.

PUD

Planned

Allow a variety of single-family detached dwellings on a variety of lot sizes subject to the approval of a PUD.

Residential Multi-Family

RD

Duplex

Allow duplex development on single lots.

RM-1

Multi-Family Low Density

Allow the development and conservation of low density multi­family dwelling types, such as garden homes and townhouses, in suitable environments.

RM-2

Multi-Family Medium Density

Allow the development and conservation of multi­family dwelling types, such as garden apartments, townhomes, and apartments, in suitable environments.

RMT

Multi-Family Townhouse

Allow the development of single-family attached townhouse dwellings, on separate lots, which are designed expressly for separate ownership.

PUD

Planned

Allow a variety of single- and/or multi-family dwelling types on a variety of lot sizes and lot widths, subject to the approval of a PUD.

Residential Manufactured Home

RMH

Mobile Home Park

Allow mobile homes in a mobile home park.

Manufactured Home Subdivision

Allow HUD code manufactured homes on subdivided lots.

Manufactured Home Park

Allow manufactured homes in a park layout.


 

Table 11-3-2

Zoning Districts Established

District Type

District Abbreviation

District

The purpose of this district is to:

Nonresidential Districts

Office

OL

Office Low Intensity

Allow the development and preservation of low intensity office development.

OM

Office Medium Intensity

Allow area for offices, with certain community facilities normally compatible with primary office uses, to preserve existing medium intensity office development and to facilitate the development of new medium intensity office areas.

PUD

Planned – Mixed Use

Allow a variety of office, multi-family residential, and light business uses to create mixed-use development, subject to the approval of a PUD.

Commercial

CS

Commercial Shopping Center

Allow a range of neighborhood convenience and regional shopping centers to provide a wide range of retail and personal service uses where all uses generally occur indoors.

CG

Commercial General

Allow a broad range of more intensive commercial uses that may have outdoor use, display, or storage.

Industrial

IL

Light Manufacturing Research and Development

Allow an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center.

IM

Industrial, Moderate

Allow industrial and heavy commercial uses that may include manufacturing, fabrication, processing, and warehousing with outdoor operations.

Special Districts

Planned Unit Development

PUD

Planned – Mixed Use

Allow a variety of uses subject to the approval of a PUD.

 

11-3-3: Official Zoning Map.

A.    Official Zoning Map. The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning Map. The Official Zoning Map shall be maintained by the City Planner and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the Official Zoning Map or for any reference to the Official Zoning Map.

B.    Incorporation by Reference. The boundaries of the zoning districts set out in this Chapter are delineated upon the Official Zoning Map of the City, with such map being adopted as a part of this Title as fully as if the same were set forth herein in detail.

C.   Zoning Map Amendment. No changes or amendments to the district boundaries shown on the Official Zoning Map shall be made except in compliance and conformity with all procedures set forth in Chapter 9 of this Title. If, in accordance with those procedures, changes or amendments are made to district boundaries, such changes or amendments shall be made promptly on the Official Zoning Map after official adoption of the change or amendment.

11-3-4: Interpretation of District Boundaries.

A.    The district boundary lines shown on the Official Zoning Map are usually along streets, alleys, property lines or their extensions. Where uncertainty exists as to the precise boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1.    Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of such street, highway or alley.

2.    Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

3.    Boundaries indicated as approximately following the city limits shall be construed as following city limits.

4.    Boundaries indicated as approximately following the centerline of drainage ways or creeks shall be construed to follow such centerline.

5.    Boundaries indicated as parallel to or extensions of features indicated in this Section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the City Planner from the graphic scale on the map.

6.    Whenever any street, alley or other public right-of-way is vacated by official action of the City Council, the zoning district line adjoining each side of such street, alley, or other public way shall automatically extend to the centerline of such vacated street, alley, public right-of-way, and all area so involved, and shall henceforth be subject to all regulations of the extended districts.

7.    Where physical features on the ground are at variance with information shown on the Official Zoning Map, or when there arises a question as to how, or whether, a parcel of property is zoned, and such question cannot be resolved by the application of the preceding criteria of this Section, the property shall be considered to be zoned as Agricultural (AG) and shall be subject to the provisions of that zoning district.

B.    Description. District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall automatically extend to the centerline of abutting streets and shall be so designated on the Official Zoning Map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerlines of abutting streets, alleys, or railroad rights-of-way, as the same were of record at the time of adoption.

C.   Interpretation. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the Board of Adjustment.

Subchapter 2: Land Uses.

11-3-5: Purpose.

Table 11-3-8, Residential Uses by Zoning District, and Table 11-3-9, Nonresidential Uses by Zoning District, hereafter referred to as the Zoning/Land Use Matrices, list zoning districts and representative land uses. Each table specifies permitted uses (uses allowed by right), limited uses (uses allowed subject to compliance with special standards), Specific Use Permit uses (uses allowed subject to compliance with special standards and the review and approval of the Planning Commission and City Council, respectively), and prohibited uses (uses not allowed), in each district.


 

11-3-6: Uses Not Listed.

A.    Authorization of Proposed Use. If a use is not specified in the Zoning/Land Use Matrices, the City Planner shall make a determination as to whether the proposed use is either a subcategory of a permitted, limited, specific, or prohibited use, or if the use is functionally similar to a permitted, limited, specific, or prohibited use. Upon making a determination, the City Planner shall either authorize the proposed use and apply all standards applicable to the similar use, or prohibit the proposed use if the use is deemed comparable to a prohibited use.

B.    If Not Authorized, Then Prohibited. If the City Planner determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, or specific use, then the use shall be considered to be a prohibited use.

C.   Decision Criteria. The following decision criteria shall be evaluated by the City Planner to decide whether a proposed use is a subcategory of, or is functionally similar to, a permitted, limited, or specific use. Upon any appeal from the decision of the City Planner, the Board of Adjustment shall make the same evaluation.

1.    Application of Section 11-2-2, Definitions, when applicable;

2.    Nature of the use, potential impacts on surrounding properties, hours of operation, or a plan of operation describing the use;

3.    Off-street parking and traffic generation characteristics of the use; and

4.    Any other reasonable and pertinent criteria that the City Planner, or the Board of Adjustment when deciding an appeal, determines necessary to make a determination.

D.   Findings of Fact and Effect of Decision. The following conditions shall govern the City Planner, and the Board of Adjustment upon any appeal from the decision of the City Planner, upon issuance of an unlisted land use interpretation:

1.    No unlisted use interpretation shall permit any use unless evidence is presented which demonstrates that it will comply with each use limitation established for the particular district;

2.    No unlisted use interpretation shall permit any use unless such use is substantially similar to, and compatible with, other uses permitted in the district, and is more similar to such other uses than to permitted, limited, or specific uses in a more restrictive district;

3.    If the proposed use is most similar to a use permitted only as a limited or specific use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on obtaining a limited use approval or a specific use permit approval, as applicable;

4.    If the City Planner approves an application for a decision pursuant to this Section, then the use shall be allowed subject to the same standards and procedures of the zoning district to which it was compared for the purposes of the favorable decision; and

5.    If the City Planner determines that a proposed use is not a subcategory of, or functionally similar to a use permitted in the district where the property is located, the proposed use shall be prohibited in that district, and findings of fact for such decision shall be prepared for the applicant and official City records.

11-3-7: Legend for Zoning / Land Use Matrices.

A.    Using the Tables. The tables in this Subchapter are divided into residential uses and nonresidential uses. Within each table, representative land uses are listed in rows in alphabetical order. Zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is permitted, limited, special, or prohibited in the district, as set out below, and if allowed as an accessory use or for a temporary time period.

B.    Symbols. The tables in this Subchapter use the following symbols:

1.    "P", means that the land use is a Permitted Use,subject to all other provisions of this Title.

2.    "L", means that the land use is a Limited Use, which is permitted and may be administratively approved by the City Planner subject to:

a.      All standards for permitted uses set out in this Title;

b.      Applicable Limited Use standards for the specified use set out in Chapter 3, Subchapter 3, Specific and Limited Uses; and

c.      All applicable processes and procedures set out in Chapters 8 and 9 of this Title. 

3.    "S", means that the land use is a Specific Use which is allowed once granted a Specific Use Permit, which may be approved following a public hearing conducted by the Planning Commission and a subsequent public hearing conducted by the City Council, as set out in Section 11-9-13, Specific Use Permit, and subject to:

a.      All development standards set out in this Title;

b.      Applicable Specific Use Permit requirements set out in Subchapter 3, Specific and Limited Uses; and

c.      All applicable processes and procedures set out in Chapters 8 and 9 of this Title.

4.    “E”, means that the land use is allowed only if granted a Special Exception, which may be approved by the Board of Adjustment following a public hearing, as set out in Section 11-9-19, Special Exceptions.

5.    "-", means that the land use is a Prohibited Use in the specified zoning district.

6.   T”, means that the land use is permitted on a Temporary basis, subject to all provisions of this Title and the time limitations established by this Title, the Zoning Clearance Permit, and/or the Certificate of Occupancy.

7.   A”, means that the land use is permitted as an Accessory use, subject to all accessory use provisions of Chapter 5, Accessory Use and Building Standards.

8.    Symbols may be combined where necessary, such as, but not limited to, “LA”, Limited Accessory Use, or “TS”, Temporary - Specific Use Permit.

9.    Any use may be considered for inclusion in a Planned Unit Development (PUD). The Zoning/Land Use Matrices reflect those uses particularly suitable for most PUDs.


 

11-3-8: Residential Uses by Zoning District.

TABLE 11-3-8
Residential Uses by Zoning District

Land Use

Zoning Districts

Agricultural / Residential

Nonresidential

PUD

AG

RE

RS-1

RS-2

RS-3

RD

RM-1

RM-2

RMT

RMH

OL

OM

CS

CG

IL

IM

PUD

Accessory Dwelling Unit

L

L

L

L

L

-

-

-

-

-

-

-

-

-

-

-

-

Bed and Breakfast Inn

L

L

-

-

-

-

L

L

L

-

L

-

-

-

-

-

P

Community Group Home

P

P

P

P

P

P

P

P

P

-

-

-

-

-

-

-

-

Dwelling, Apartment

(7+ dwelling units)

-

-

-

-

-

-

-

S

-

-

-

-

-

-

-

-

P

Dwelling, Duplex

-

-

-

-

-

P

P

P

P

-

-

-

-

-

-

-

P

Dwelling, Lot Line (Patio)

-

-

-

-

-

P

P

P

P

-

-

-

-

-

-

-

P

Dwelling, Modular

P

P

P

P

P

P

P

P

P

-

-

-

-

-

-

-

P

Dwelling, Multiplex
(3-5 dwelling units)

-

-

-

-

-

P

P

P

P

-

-

-

-

-

-

-

P

Dwelling, Single-Family

P

P

P

P

P

-

-

-

-

-

-

-

-

-

-

-

P

Dwelling, Townhome
(3-6 dwelling units)

-

-

-

-

-

P

P

P

P

-

-

-

-

-

-

-

P

Elderly / Retirement Home

-

-

-

-

-

P

P

P

P

-

-

-

-

-

-

-

P

Family Day Care Home

L

L

L

L

L

L

L

L

L

-

-

-

-

-

-

-

P

Foster Home

L

L

L

L

L

L

L

L

L

L

-

-

-

-

-

-

L

Home Occupation

P

P

P

P

P

P

P

P

P

P

-

-

-

-

-

-

P

Life Care Retirement Center

-

-

-

-

-

-

P

P

P

-

P

P

-

-

-

-

P

Manufactured Home Park or Subdivision, RV Park

-

-

-

-

-

-

-

-

-

P

-

-

-

-

-

-

-

Neighborhood Group Home

L

L

L

L

L

L

L

L

-

-

-

-

-

-

-

-

-

Protective Care, Emergency

-

-

-

-

-

-

L

L

-

-

-

-

P

P

-

-

-

Residential Care Facility

L

L

L

L

L

L

L

L

L

L

-

-

-

-

-

-

-

Rooming and Boarding House

LA

LA

LA

LA

LA

-

-

-

-

-

-

-

-

-

-

-

-

Transitional Living Center

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

11-3-9: Nonresidential Uses by Zoning District

TABLE 11-3-9
Nonresidential Uses by Zoning District

Land Use

Zoning Districts

Agricultural / Residential

Nonresidential

PUD

AG

RE

RS-1

RS-2

RS-3

RD

RM-1

RM-2

RMT

RMH

OL

OM

CS

CG

IL

IM

PUD

Adult Day Care, Care Home

P

P

P

P

P

P

P

P

P

-

P

P

-

-

-

-

P

Alcohol Sales, On-Site Consumption

-

-

-

-

-

-

-

-

-

-

-

LA

P

P

-

-

P

Alcohol Sales, Off-Site Consumption

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

-

Assisted Living, Congregate Care

-

-

-

-

-

-

P

P

P

-

P

P

-

-

-

-

P

Automobile, Major Service

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Automobile, Minor Service

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

Automobile, Rental or Sale

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

Bank, Financial Institution

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

-

P

Business Park

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

Child Care Center

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

P

P

College, Technical, or Vocation School

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

P

P

Commercial Drive-In / Drive-Through Food

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

P

Concrete, Asphalt Batching Temporary

-

-

-

-

-

-

-

-

-

-

-

-

-

TS

TS

TP

-

Concrete, Asphalt Batching Permanent

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

E

-

Construction Services

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

P

-

Convenience Retail and Service

-

-

-

-

-

-

-

-

-

-

LA

LA

P

P

P

P

P

Craft Brew / Restaurant, Wine Tasting

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

Detention / Correctional Facility

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

Essential Services

P

P

P

P

P

P

P

P

P

-

P

P

P

P

P

P

P

Extraction (Gas, Gravel, Minerals, Oil, Sand)

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

Food Processing

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Funeral Home, Mortuary

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

-

Farm, Agricultural

P

P

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

Gas Station

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

Grocery

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

P

Heavy Retail

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Heliport, Accessory

-

-

-

-

-

-

-

-

-

-

A

A

A

A

A

A

A

Hospital, Clinic, Lab, Medical Office

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

-

P

Hotel, Motel

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

-

P

Indoor Recreation and Amusement, Commercial Intensive

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

Indoor Recreation, Fitness, Health Club

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

-

P

Industrial, Heavy

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

E

-

Industrial, Light,
Flex Commercial

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

Kennel

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Landfill (Disposal)

-

-

-

-

-

-

-

-

-

 

-

-

-

-

-

E

-

Lumberyard

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Nursing, Convalescent Home

-

-

-

-

-

-

P

P

-

-

P

P

P

P

-

-

P

Office, General

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

P

P

Outdoor Recreation, Commercial Intensive

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

Outdoor Recreation, Public

P

P

P

P

P

P

P

P

P

P

P

P

-

-

-

-

P

Outdoor Sales and Display, Permanent

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

P

-

Outdoor Sales and Display, Seasonal

-

-

-

-

-

-

-

-

-

-

-

-

L

P

-

-

P

Pawnshop, Short Term Financing

-

-

-

-

-

-

-

-

-

-

-

-

-

P

-

-

-

Personal Services

-

-

-

-

-

-

-

-

-

-

L

L

P

P

P

P

P

Place of Assembly

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Private Club

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

-

-

Public / Private School1

P

P

P

P

P

P

P

P

P

P

-

-

-

-

-

-

-

Research, Testing Lab, Product Development

-

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

Restaurant

-

-

-

-

-

-

-

-

-

-

L

L

P

P

P

P

P

Retail Plant Nursery

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

-

Salvage Facility

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

E

-

Self-Storage Facility, Exterior Access

-

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Self-Storage Facility, Interior Access

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

-

Shopping Center: Neighborhood

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

P

Shopping Center:
General Retail

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

Storage of Flammable or Noxious Substances

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

E

-

Tavern, Night Club

-

-

-

-

-

-

-

-

-

-

-

-

P

P

-

-

-

Telecommunication, Mounted Antenna

L

L

L

L

L

L

L

L

L

L

P

P

P

P

P

P

P

Telecommunication, Wireless Tower

S

S

S

S

S

S

S

S

S

S

S

S

L

L

P

P

-

Temporary Open Air Carnival, Circus, Event

TS

-

-

-

-

-

-

-

-

-

-

-

TS

TS

TS

TS

-

Wind Energy Conversion System

L

L

-

-

-

-

-

-

-

-

-

-

-

L

L

L

-

Vending Kiosk, ATM

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

P

Veterinary Clinic

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

NOTE:

1 High Schools shall have their principal vehicular entrance and exit on an arterial street, as set out on the Major Street and Highway Plan.

 

Subchapter 3: Specific and Limited Uses.

11-3-10: Purpose and Applicability.

A.    Purpose. The purpose of this Subchapter is to promote compatibility among land uses in the City by setting out specific standards for the establishment of the Limited Use and Specific Use Permit uses identified in the Zoning/Land Use Matrices.

B.    Applicability.

1.    Uses shown in the Zoning/Land Use Matrices as Limited Use “L” or Limited Accessory Use “LA” may be approved by the City Planner if they meet the general requirements set out in this Subchapter and all other applicable standards of this Title.

2.    Uses shown in the Zoning/Land Use Matrices as Specific Use Permit “S” may be approved if they meet any applicable general requirements set out in this Subchapter and all other applicable standards of this Title, and subject to the granting of a Specific Use Permit, as set out in Section 11-9-13, Specific Use Permit.

3.    Uses shown in the Zoning/Land Use Matrices as Specific Use Permit “S” that are not subject to any specific general requirements set out in this Subchapter are subject to conditions of approval, as set out in Subsection D below, as well as the requirements set out in Section 11-9-13, Specific Use Permit, and all other applicable standards of this Title.

C.   General Standards for Limited Uses. A Limited Use may be approved by the City Planner if, in addition to meeting the standards for the use cited in this Subchapter, the applicant demonstrates that the use:

1.    In its proposed location, will not conflict with the implementation of the Comprehensive Plan or any other plan adopted by the City; and

2.    Is compatible with surrounding land uses and will not materially detract from the character of the immediate area or negatively affect anticipated development or redevelopment of the surrounding area.

The City Planner may refer any Limited Use application to the Planning Commission for a decision. Upon referral, the Commission may approve, approve subject to conditions, or deny the application. Such decision shall be final.


 

D.   General Standards for Specific Use Permits. An application for a Specific Use Permit may be approved, approved subject to conditions, or denied by the City Council upon receiving a recommendation from the Planning Commission based on the following criteria:

1.    The ability of the use to comply with any applicable regulations that may be stipulated in this Subchapter;

2.    Any conflict the use, in its proposed location, could create with the implementation of the Comprehensive Plan or any other plan adopted by the City;

3.    The ability of the use to be compatible with surrounding land uses, blend into and not detract from the character of the immediate area, and not negatively affect anticipated development or redevelopment of the surrounding area; and

4.    Any other criteria the Commission or Council determine to be reasonable and necessary to ensure the use is appropriate in the proposed location. Such decision by the City Council shall be final.

11-3-11: Residential Uses.

As indicated for each use, the following standards apply either to residential Limited Uses that are approved by the City Planner, subject to potential referral to the Planning Commission, or to residential uses that require Specific Use Permit approval by the City Council, upon recommendation of the Planning Commission, or to both. Specific uses are also subject to any other conditions of approval necessary to satisfy the criteria set out in Subsection D, General Standards for Specific Use Permits, above.

A.    Institutional Residential Uses.

1.    Community Group Home may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      A license is issued by the Oklahoma Health Department;

b.      The use complies with all contracting requirements of the State of Oklahoma Department of Human Services for group homes for developmentally challenged persons;

c.      No signs advertising the home are posted on the property;

d.      No exterior alterations to the dwelling or any accessory structures are made which would detract from the residential character of the dwelling or structure;

e.      Fire escapes, if required, are located on the rear of the structure, if architecturally feasible, or on the side of the structure and screened from the view of adjoining residential properties;

f.       To avoid clustering, the community group home is not located on a lot within one quarter mile of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or detention or correctional facility; and

g.      A Zoning Clearance Permit is issued, which would automatically be revoked upon the revocation of any license or other approval issued by the State of Oklahoma.

2.    Emergency Protective Shelter may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      To avoid clustering, the emergency protective shelter is not located on a lot within one quarter mile from any other lot containing a residential care center, transitional living center, emergency protective shelter or any lot containing a neighborhood group home, community group home, or detention/correctional facility; and

b.      A Zoning Clearance Permit is issued, which would automatically be revoked upon revocation of any license or other approval issued by the State of Oklahoma.

3.    Life Care Retirement Center may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if the nursing facility or medical facility is licensed by the Oklahoma Health Department as an intermediate care facility or as a skilled nursing home.

4.    Neighborhood Group Home may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      A license is issued by the Oklahoma Health Department;

b.      The use will comply with all contracting requirements of the Oklahoma Department of Human Services for group homes for developmentally challenged persons;

c.      No signs advertising the home are posted on the property;

d.      No exterior alterations to the dwelling or any accessory structures are made which would detract from the residential character of the dwelling or structure;

e.      Fire escapes, if required, are located on the rear of the structure, if architecturally feasible, or on the side of the structure and screened from the view of adjoining residential properties;

f.       To avoid clustering, the neighborhood group home is not located on a lot within one quarter mile of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or detention/correctional facility; and

g.      A Zoning Clearance Permit is issued, which would automatically be revoked upon the revocation of any license or other approval issued by the State of Oklahoma.

5.    Residential Care Center may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      To avoid clustering, the residential care center is not located on a lot within one quarter mile from any other lot containing a residential care center, transitional living center, emergency protective shelter or any lot containing a neighborhood group home, community group home, or detention/correctional facility; and

b.      A Zoning Clearance Permit is issued, which would automatically be revoked upon the revocation of any license or other approval issued by the State of Oklahoma.

6.    Transitional Living Center may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      To avoid clustering, a transitional living center is not located on a lot within one quarter mile from any other lot containing a residential care center, transitional living center, emergency protective shelter or any lot containing a neighborhood group home, community group home, or detention/correctional facility; and

b.      A Zoning Clearance Permit is issued, which would automatically be revoked upon the revocation of any license or other approval issued by the State of Oklahoma.

B.    Residential Uses.

1.    Elderly/Retirement Housing may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      Elevators are provided for multi­family structures, with the exception of townhouses, over one story in height;

b.      Emergency alarm systems are provided in every dwelling unit;

c.      Safety "grab bars" are provided in all bathing areas; and

d.      All Americans with Disabilities Act code requirements are met.

2.    Rooming and Boarding House (Including Fraternity and Sorority Houses) may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      When determining the applicable bulk, area, setback and parking requirements, a rooming and boarding house, including a fraternity or sorority house, shall be considered a multi­family dwelling; and

b.      Each dwelling unit shall have a minimum floor area of 600 square feet, the equivalent of a one bedroom dwelling unit.

C.   Commercial Use of the Home.

1.    Bed and Breakfast Inn may be allowed as a specific use, as specified in the Zoning/Land Use Matrices, if all of the following requirements are met:

a.      The owner/operator shall maintain a register of guests and events for each calendar year and shall make such register available to the City upon request. The maximum length of stay for any guest shall be limited to 30 days per calendar year.

b.      The maximum number of guestrooms shall be limited to 12, provided that one off-street parking space is available per guestroom.

c.      Cooking facilities are prohibited in guestrooms.

d.      The inn may not be used as a restaurant, for special dining events, or catering. Meals may only be served to overnight guests.

e.      Signage shall not be internally illuminated or exceed six square feet in the RE and RS zoning districts, or 32 square feet in all other districts. Sign height shall not exceed four feet unless the site fronts on a state or federal highway, in which case eight feet is permitted.

f.       If the inn is not located in an RE or RS zoning district, applicants may request that the inn be allowed to be rented for special events, such as, but not limited to, weddings, anniversaries, or dinner parties. The request shall be evaluated on the ability of the site to accommodate anticipated off-street parking needs and the impact of such uses on adjoining properties. The City may stipulate the maximum number of special events per year and the maximum number of guests per event.

2.    Family Day Care, Home may be allowed as a limited use, as specified in the Zoning/Land Use Matrices, if:

a.      Signs are limited to accessory signs for principal uses; and

b.      In the RE and RS districts, family day care homes shall be located on lots that comply with the following standards:

(1)  Maximum Floor Area Ratio: 0.5;

(2)  Minimum Lot Area: 10,000 square feet;

(3)  Minimum Frontage: 100 feet; and

(4)  Minimum Setback Abutting RE and RS Lot Lines: 25 feet.

3.    Home Occupation may be allowed as a limited use in all residential zoning districts, as specified in the Zoning/Land Use Matrices, and with all residential uses, if the home occupation is carried on by an occupant of the dwelling as a secondary use incidental to the principal use of the dwelling as a residence, and if all of the following requirements are met:

a.      Location: The home occupation shall be conducted entirely indoors within the principal structure.

b.      Area: The maximum floor area utilized for home occupation purposes shall not exceed 25 percent of the total floor area of the principal structure.

c.      Employees: The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed in the home occupation other than a member of the immediate family residing on the premises.

d.      Visibility of Merchandise: No merchandise shall be displayed in such a manner as to be visible outside the premises.

e.      Outdoor Storage: Outdoor storage is prohibited.

f.       Maintenance of Residential Character: No alteration of the residential character of the premises may be made in order to facilitate the home occupation.

g.      Signs: One identification sign shall be permitted per dwelling advertising the home occupation. The sign shall be affixed to the principal building or customary accessory building and shall not exceed six square feet in surface area. Sign illumination is prohibited.

h.      Disturbances: No mechanical or electrical equipment or other activities shall be allowed which create noise, dust, odor, or electrical disturbance.

i.       Traffic and Parking: No home occupation shall generate more than 15 additional vehicle trips per day to and from the premises. All parking needs shall be accommodated by off-street parking, which includes the use of a driveway, provided that the residential character of the premises is not altered.

11-3-12: Nonresidential Uses.

As indicated for each use, the following standards apply either to nonresidential Limited Uses that are approved by the City Planner, subject to potential referral to the Planning Commission, or to nonresidential uses that require Specific Use Permit approval by the City Council, upon recommendation of the Planning Commission, or to both. Specific uses are also subject to any other conditions of approval necessary to satisfy the criteria set out in Subsection D, General Standards for Specific Use Permits, above.

1.    Antenna: Wireless Telecommunication may be allowed as a limited or specific use, and a primary or accessory use, as specified in the Zoning/Land Use Matrices, if:

a.      Antennas and antenna supporting structures shall not exceed 60 feet of aggregate height, as measured at grade, unless approved by the City Council, after Planning Commission review and recommendation. However, in no case shall any antenna and/or antenna supporting structure exceed 150 feet in aggregate height as measured at grade.

b.      Each request for an antenna and/or an antenna supporting structure shall be accompanied by a site plan application which shows all proposed improvements.

c.      There shall be a minimum spacing of one-half mile between all existing and proposed antenna and antenna supporting structure sites excluding those structures which do not have as their principal purpose antenna placement or support. Written evidence shall be presented to the City by the applicant that the antenna and/or antenna supporting structure is no closer than one-half mile from any existing site or site for which an application is pending with the City. However, upon action of the City Council, after Planning Commission review and recommendation, the one-half mile separation requirement may be waived for sites located within industrial districts, provided that no antenna/antenna supporting structure shall be within 1,000 feet of an existing or approved antenna/antenna supporting structure site.

d.      The antenna and/or antenna supporting structure shall be separated by 500 feet from any residential district boundary line and 300 feet from any office district boundary line. Within the agricultural district, no tower shall be located within 500 feet of a residential dwelling. The antenna and/or antenna supporting structure shall meet the setback requirements of the district in which it is located.

e.      The antenna and/or antenna supporting structure shall be subject to initial and continuing compliance with all other applicable local, state and federal codes and standards for operation of that particular facility. These requirements shall include, but are not limited to, meeting the standards and requirements of the Federal Aviation Administration, Federal Communications Commission, and the Electronic Industries Association and American National Standards Institute.

f.       The antenna and/or antenna supporting structure shall be buffered with landscaping and vegetative or other screening to mitigate the operation and visual impacts of such abutting and adjacent uses. A wall or chain-link fence not less than eight feet in height from finished grade shall be provided around any high voltage equipment, and access shall be through a locked gate.

g.      Equipment, mobile or immobile, that is not necessary for direct support of the use shall not be stored or parked on the site unless repairs to the facility are being made.

h.      If the operation and use of the antenna and/or antenna supporting structure ceases for a period of 180 days, unless City approval is given again within 60 days of the expiration of the 180 day period, it shall be removed by the owner at the owner's cost or subject to removal by the City at the expense of the owner.

i.       The antenna and/or antenna supporting structure shall be designed and constructed in such a manner as to accommodate collocation of a minimum of two wireless telecommunications systems, personal communications systems, or other such technologies, unless it can be demonstrated by the applicant to the satisfaction of the City that such collocation was not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities.

j.       If collocation is determined by the City to unreasonably impede or impair the operation of the proposed facility, a minimum spacing of one-half mile from other such facilities shall be met, unless a waiver is granted, as set out in Item “c” for this use.

k.      The antenna supporting structure shall be of monopole design unless the applicant can demonstrate that an alternative design is necessary due to technical considerations or would result in less visual impacts.

l.       Certification from a Professional Engineer licensed to practice in the State of Oklahoma shall be submitted that the antenna and antenna supporting structure is designed and constructed in such a manner as to accommodate the collocation of a minimum of two wireless telecommunications system providers, and that it meets the standards of the American National Standards Institute and the Electronic Industries Association and would not result in disruption of any other wireless or other communication networks. Further, certification from such engineer shall be required upon completion of the construction and prior to commencement of operation that the antenna and antenna supporting structure has, in fact, been constructed in accordance with the plans approved by the City.

m.    Operators of such facilities shall provide the City Planner with 30 day prior written notice of any changes or modification in the operation of the facility that would cause the facility to no longer be in compliance with all requirements listed above for this use and any conditions of City approval. Said notice shall include detailed information about the nature of all such changes. Minor changes may be approved administratively. Major changes shall require a new SUP application. Changes made without prior notice to the City that are determined to be major shall constitute cause for the City to summarily revoke the original SUP approval and become the basis for requiring submission of a new application to continue operation, or the basis for invoking the enforcement and remedy proceedings set out in Chapter 11.

n.      If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

o.      If an antenna is installed on a structure other than a tower, the antenna shall not extend more than 20 feet above the highest point of the building structure, or if located on an architectural feature such as a steeple or bell tower, the antenna shall not protrude above the structure.

p.      The following antennas may be permitted as a limited use:

(1)  Antennas that are to be attached to existing support structures, provided that each new antenna does not exceed the initial approved aggregate height for the entire structure.

(2)  Antennas attached to an existing City owned building or structure, or a utility structure, provided that the antenna(s) comply with Subsections “n” and “o” above.

2.    Nursing Home may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:

a.      The nursing home is licensed by the Oklahoma Health Department as an intermediate care facility or as a skilled nursing home; and

b.      When located on a lot abutting any lot zoned RE, RS, or RD, a Type C bufferyard shall be provided along the said abutting residential property line.

3.    Office Accessory Use may be allowed as a limited accessory use within an office building or office complex, on a property zoned OL or OM, as specified in the Zoning/Land Use Matrices, if:

a.      The use is necessary and appropriate for the convenience of the office occupants, such as, but not limited to, hair care, bookstore, florist, gift, novelty, pharmacy, newsstand, shipping, stationery and office supplies, dine-in restaurant, café, or cafeteria;

b.      The use is structurally integral within the principal building, is located entirely within the principal building, and has no direct exterior public access, excluding required fire exits;

c.      Multiple such uses in one office building are collectively limited to an area no greater than 15 percent of the gross first floor area of the building;

d.      Any individual restaurant occupies an area no greater than five percent of the gross first floor area of the building; and

e.      Exterior signs, including window signs, identifying the use are prohibited.

4.    Oil and Gas Well Drilling and Operation may be allowed as a specific use, as specified in the Zoning/Land Use Matrices, subject to:

a.      The provisions of City Code, Title 3, Chapter 3, Section 3­7­1, Subsection B; and

b.      Applicable requirements of Title 12, Subdivision Regulations, Chapter 5, Section 12-5-12, Oil and Natural Gas Extraction.

5.    Sexually Oriented Businesses are permitted as a specific use, as specified in the Zoning/Land Use Matrices, subject to:

a.      Definitions. As used herein, the following terms shall have the meanings ascribed to them below:

(1)  SEXUAL CONDUCT includes the following meanings:

                                  (a)        The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

                                  (b)        Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy;

                                  (c)        Masturbation; and

                                  (d)        Excretory functions as part of or in connection with any of the activities set forth in this definition.

(2)  SEXUALLY ORIENTED BUSINESSES include the following:

                                  (a)        Adult Amusement Or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to "sexual conduct" or "specified anatomical areas", as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

                                  (b)        Adult Bookstore: An establishment having, as a significant portion of its stock in trade, books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

                                  (c)        Adult Mini­Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

                                  (d)        Adult Motel: A motel wherein material is presented as part of the motel services via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

                                  (e)        Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

                                   (f)        Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

                                  (g)        Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

                                  (h)        Model Studio: Any place, other than university or college art classes, where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

                                    (i)        Sexual Encounter Center: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to, bathhouses, massage parlors, and related or similar activities.

(3)  SPECIFIED ANATOMICAL AREAS: as used in this Section, shall include the following:

                                  (a)        Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; and

                                  (b)        Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

b.      Location.

(1)  No person shall cause or permit the establishment of any of the "sexually oriented businesses", as defined in Subsection A above, in an area zoned other than CS and CG.

(2)  No person shall cause or permit the establishment of any of the "sexually oriented businesses", as defined in Subsection A above, within:

                                  (a)        1,000 feet of any other sexually oriented business;

                                  (b)        500 feet of a place of worship;

                                  (c)        500 feet of a school which offers a compulsory education curriculum;

                                  (d)        500 feet of a public or private park;

                                  (e)        300 feet of any residential zoning district; or

                                   (f)        300 feet of a non-arterial street that provides access to a residentially zoned area.

c.      Interpretation.

(1)  The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in this Subsection.

(2)  Nothing in this Section is intended to make legal any business or activity that is expressly declared illegal under the provisions of this Title or under any state or federal laws.

6.    Temporary Open Air Facilities may be allowed as a specific use, as specified in the Zoning/Land Use Matrices, if the event does not exceed 60 days.

7.    Wind Energy Conversion Systems (WECS) may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if all of the following requirements are met:

a.      All WECS tower structures comply with the design and construction techniques in the current City Codes, as set out in Title 10. Compliance with all code requirements shall be sealed and certified in writing by the manufacturer's engineer or a professionally registered structural engineer.

b.      Towers have either tower climbing apparatus located not closer than 12 feet from the ground or have a locked anti-climb device installed on the tower.

c.      Safety wires are installed on the turnbuckles of the guywires for all guyed WECS towers.

d.      The WECS is equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The conformance of rotor and over-speed control design with good engineering practices shall be certified by the manufacturer's engineering staff or by a registered mechanical engineer. The compatibility of the tower and the rotor shall also be certified by the manufacturer or by a registered mechanical engineer.

e.      If a WECS is within 300 feet of a structure or a tree, the lowest moving part is not more than 30 feet above the highest structure or potential tree height, whichever is higher, and does not exceed 60 feet.

f.       No part of a WECS is located within, or over, a drainage, utility, or other established easements or located within, or over, any required minimum front, side, or rear yard setbacks or bufferyards.

Subchapter 4: Planned Unit Development (PUD).

11-3-13: General.

A.    Purpose.

1.    A PUD is a zoning classification that combines the zoning, subdivision, and site plan processes in a manner that benefits the City by creating community character and the developer by expanding development options and flexibility, and reducing uncertainty.

2.    It is not the purpose of a PUD to maximize lot yield or to deviate from the standard zoning regulations without clear benefits to the City. The City will only consider a PUD when the warrants listed in Subsection C below will result from the development.

B.    Goals.

1.    Every PUD should achieve a development outcome that is superior to that possible through general zoning districts, addresses the needs of the development market for greater flexibility and certainty, and supports the desire of the City to achieve the goals and objectives of the Comprehensive Plan.

2.    The following types of development can only be achieved by use of a PUD and are encouraged by the City:

·         Mixtures of residential types, densities, dwelling sizes and heights, lot sizes and widths, and design character in a single cohesive manner throughout the development;

·         Mixtures of residential types with specific nonresidential uses in appropriate locations relative to residential, and with standards to ensure the compatibility and design integration of all uses;

·         Mixtures of nonresidential development limited to specific uses, and the exclusion of other uses that may not be desirable in a given PUD; and

·         Clustered development in units that preserves meaningful open space, protects natural resources, provides corridors for linear parks and bikeways, buffers different use types, buffers streams, wetlands, and floodplains to improve water quality and minimize flood risk, and provides areas for active and passive recreation opportunities.

3.    Creation of a development framework that provides both the developer and the City flexibility, within predetermined codified parameters, with appropriate Commission and Council oversight.

C.   Warrants. To obtain approval of a PUD, the applicant must submit a site development plan, concept plan, plats, parks and recreation schematic plans, amenity plans, building design elevations, a written narrative describing the development standards proposed to govern the PUD, and other documents to demonstrate that the development, if approved, will be of a higher quality than a standard development, will yield a substantial community benefit, and will result in other benefits, such as:

1.    An efficient provision of infrastructure that sustains the natural environment;​

2.    Continuity of the roadway system that effectively distributes and calms traffic both within and through the development;

3.    Pedestrian systems via on-street bicycle lanes or off-street bicycle trails and sidewalks that improve pedestrian and bicycle circulation;

4.    Good transitioning of housing types within the development and with development adjacent to the PUD;

5.    Protection and preservation of natural resources and valued or sensitive land features; and

6.    Improved development quality that includes landscape and other decorative treatments along perimeter collector and arterial streets and the perimeter of the development.

The greater flexibility afforded to the developer to best utilize the physical features of the site must result in a commensurate exchange of greater public benefits than would otherwise be achieved through non-PUD development procedures under this Title.

D.   Applicability.

1.    A PUD application may be submitted for land located within any general zoning district or combination of general zoning districts. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract.

2.    A PUD approved prior to the effective date of this Title shall be carried forth in full force and effect, and all conditions, restrictions, regulations, and requirements that apply to the respective PUD shown on the Official Zoning Map at the date of adoption.

E.    Effect of Approval.

1.    Upon approval of a PUD, no modification of use or bulk and area requirements that would have applied under general zoning standards shall be effectuated by issuance of any building or zoning clearance permit until a subdivision plat incorporating the provisions and requirements of the PUD is approved by the City and duly filed of record in the office of the County Clerk of Tulsa County.

2.    Upon approval of a PUD, the existing zoning will cease to exist and the property shall be rezoned to “PUD”, subject to all of the requirements adopted by the City Council in the ordinance that establishes the PUD.

11-3-14: Standards.

A.    Context. Each PUD proposed for the City’s consideration shall be unique. The development standards that are appropriate for each shall be derived by the following factors:


 

1.    Context Sensitivity. It is essential to identify the existing uses and streets that adjoin the PUD or that are proposed to adjoin the PUD. The Future Land Use Map and Major Street and Highway Plan shall also be consulted for context. Each of these conceptual elements factor into the design of the PUD.

2.    Site Sensitivities and Constraints. It is essential to identify development constraints on the property where the PUD is proposed, and on adjoining sites. Examples of constraints include uneven terrain, steep slopes, creeks and other water features, wetlands and floodplains, dense tree cover, and any pre-existing mineral extraction facilities. These features affect land development decisions, and some natural constraints can be treated as opportunities that, when preserved, will provide meaningful open space, greenbelts for linear parks and trails, and land use buffers, as well as focal points within a development.

3.    Development Linkage. It is essential that developments are designed in a manner that will provide appropriate auto, pedestrian, bicycle and utility linkages between existing and future development. Site constraints that extend onto abutting properties could be combined into a larger park or open space area.

4.    Site Visibility. To create community character, it is imperative that the perimeter of the development, particularly along highways and arterial and collector streets, be designed appropriately with greenbelts, decorative walls or fencing, and landscaping to create a positive appearance for community residents and those traveling through the City.

After analyzing the factors described above, a Contextual Plan shall be developed that depicts each factor as many critical PUD design decisions will be derived from this information.

B.    Proposed Uses and Design. The developer may propose one or more uses, expressly prohibit certain uses, or itemize the list of uses proposed in the PUD. Uses shall be proposed in logical locations based on surrounding uses and roads and the ability to provide buffer areas to ensure that all uses in the PUD, and outside the PUD, are compatible.

1.    Concept Plan. Proposed PUD uses shall next be illustrated on a PUD Concept Plan that shows where each use is proposed to be located, proposed acreage of each use, and proposed density of each residential use (gross units per acre) and proposed intensity of each nonresidential use (ratio of floor area to site area). Densities and intensities shall be indicated by pod within the PUD and by overall PUD calculations. The Concept Plan shall show how open space is proposed to be used as buffers, preserved as common open space, or used for recreational purposes. The Contextual Plan shall be referenced to ensure that the proposed PUD uses fit the context of the surrounding area and development.

2.    Conceptual PUD Narrative. The developer shall propose, and describe in narrative form, specific development standards to govern each proposed use type in the PUD. This shall be done either by referencing the development standards of specific zoning districts in this Title or by proposing a unique set of development standards for each use in the PUD, or different densities or intensities for particular use areas in the PUD. Along with basic use and dimensional standards, the development standards narrative shall outline an architectural design palette, sign program, and amenity program, and also specify how open spaces and other common areas will be designed and maintained.

3.    Conceptual Utility and Drainage Plan. The developer shall prepare a conceptual plan for utilities and drainage to illustrate how these essential facilities and public safety will be addressed, but also as critical considerations for ensuring development linkage and depicting how drainage areas may be designed as usable recreation areas and amenities.

4.    Design Elements. Following is a representative list of design elements that are encouraged by the City in general, and particularly within PUDs:

·         Aerated ponds surrounded by trails and other amenities, or dry detention with appropriate slopes to allow active recreation.

·         Wider sidewalks that can accommodate pedestrians and bicycles.

·         Linear parks or trails that can connect to other local and regional trail networks and adjoining development. 

·         The use of unified and consistent design elements, such as materials, colors, and design, for perimeter walls or fencing, primary road frontage, entry signs, and amenities in the development.

·         Provision of common open space designated for trails, playgrounds, active or passive recreation, and as water quality buffer areas.

·         Preservation of trees and sensitive areas to enhance the appearance of the perimeter of the development, provide buffers between uses, and enhance livability.

5.    Negotiation and Processing. With each of the plans and narratives complete, the City and developer shall begin to assess how the proposed PUD addresses the PUD purposes and standards expressed in this Subchapter and shall begin the processes set out in Sections 11-9-9, Conceptual Development Plan for a PUD, 11-9-10, Preliminary Development Plan for a PUD, and 11-9-11, Final Development Plan for a PUD, concurrent with the submittal of Preliminary and Final Plats, as set out in Title 12, Subdivision Regulations.

11-3-15: Administration.

A.    Building Permits. Upon the recordation and filing of an approved PUD subdivision plat, the acceptance of any required public improvements, and the issuance of a Zoning Clearance Permit, a building permit may be issued for land in the PUD in accordance with the approved plat and PUD.

B.    Amendments. Minor and Major Amendments to the PUD may be considered in accordance with the processes set out in Section 11-9-4, Minor PUD Amendments, and Section 11-9-12, Major PUD Amendments.

C.   Abandonment. Abandonment of a PUD is subject to City Council approval, upon receiving a recommendation by the Planning Commission, of an application for an amendment to the Official Zoning Map to repeal the PUD. If a PUD is repealed, the zoning of the subject property shall automatically revert to the conventional zoning district classification which existed prior to the establishment of the PUD and shall be so noted on the Official Zoning Map. Upon final action authorizing the abandonment of the PUD, no building permit shall be issued except in accordance with the restrictions and limitations of the prior conventional zoning of the property.Such a change to the Official Zoning Map shall be considered a Minor Map Amendment and may be completed administratively.


 

11-3-16: Subdivision Required

A.    PUD subdivision plats shall be filed with the City concurrent with the Preliminary and Final PUD Zoning Amendment Plans. Plats shall be processed in accordance with the requirements of Title 12, Subdivision Regulations.

B.    Covenants to provide for the ownership and maintenance of common open space to reasonably ensure its continuity and conservation shall be provided to the City for review as to form. Open space may be dedicated to a private association or to the public, subject to the approval of City Council.

Chapter 4
Development and Design Standards

 

Subchapter 1: Generally.

11-4-1: Purpose and Applicability.

A.    Purpose. The purpose of this Chapter is to establish:

1.    Minimum and maximum development standards for each zoning district;

2.    Minimum and maximum standards for various types of subdivisions; and

3.    Exceptions from minimum and maximum requirements, where appropriate.

B.    Organization. Development standards are organized into the following Subchapters:

1.    Residential Standards. Subchapter 2, Residential Development Standards, establishes development parameters for all standard residential uses and neighborhoods, which excludes residential uses and neighborhoods in PUDs.

2.    Nonresidential Standards. Subchapter 3, Nonresidential Development Standards, applies to all nonresidential, mixed-use, public, and institutional development and establishes minimum and maximum site development standards, such as, but not limited to, building coverage, lot area and lot width.

3.    Design Standards. Subchapter 4, Design Standards, establishes building design, materials, and aesthetic standards for the design of all buildings in the City.

C.   Applicability.The standards of this Chapter apply to the following:

1.    Conforming Existing Buildings.All principal buildings and structures lawfully permitted and constructed, or that have an active building permit prior to the effective date of this Title, are deemed to be conforming with respect to the requirements set out in this Chapter. This Chapter, however, does not make the following buildings or structures conforming:

a.      Buildings or structures constructed without required permits;

b.      Buildings or structures constructed in violation of permit requirements;

c.      Buildings or structures that were razed and are proposed to be reconstructed in a manner that will not conform to the standards of this Chapter;

d.      Buildings that were permitted and constructed as a single-family detached dwelling and later converted to multi-family units without being permitted for such use; and

e.      Accessory buildings constructed with or without permits that violate the standards of this Chapter.

2.    Conforming Lots. All lots of record that lawfully existed prior to the effective date of this Title are deemed to be conforming with respect to the requirements of this Chapter relating to lot design. However, this Chapter does not make any originally platted conforming lot that was later split by a metes and bounds division a conforming lot.

3.    New Development. All new development and new subdivisions shall be subject to all requirements of this Chapter on the effective date of this Title.

11-4-2: General Zoning Provisions.

A.    Compliance with Provisions.

1.    No land, lot or building shall be used or improvements made for any purpose except in accordance with the use, height, area, yard, space and all other applicable requirements established in the district in which such land, lot, building,  or improvement is located, except as provided by Chapter 10, Nonconformities.

2.    Nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building, where a building permit was lawfully issued prior to the effective date of this Title, and pursuant to such permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed to be legally nonconforming and may continue, as regulated by Chapter 10, Nonconformities.

3.    Within one year of the effective date of this Title, a building permit and Zoning Clearance Permit may be issued for any use of land commenced in accordance with all terms, conditions, and plans of any approval granted by the Board of Adjustment, Planning Commission, or City Council prior to the effective date of this Title.

B.    Division of Lots. A lot shall not hereafter be divided into two or more lots unless all resulting lots from such division conform to all the applicable regulations of the zoning district in which they are located and comply with all requirements of Title 12, Chapter 7, of the City Code.

C.   Street Frontage Required. No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of 30 feet of frontage on a public street or dedicated right-of-way, except a nonconforming lot of record, a lot within an approved PUD, or a lot within an approved townhouse or condominium development.

D.   One Single-Family Dwelling per Lot in Certain Districts. Not more than one residential structure may be located on a lot in an AG, RE, RS or RD district.

E.    Height Limit Exceptions. The following structures shall not be subject to the height limitations of the district in which they are located:

1.    Farm buildings and structures;

2.    Belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy; and

3.    Ground and structure supported accessory antennas, aerials, and towers, including elevating structures of a non-habitable nature, which do not exceed a total aggregate height of 60 feet above the natural land grade and which meet the following requirements:

a.      No portion of the antenna or antenna supporting structure or any anchor or guy-line may encroach upon the land area or airspace of any adjoining or abutting property;

b.      In a residential district, no portion of the antenna or antenna supporting structure may extend beyond the front yard building setback line or extend into any established front yard or into any side yard, provided that:

(1)  Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any City, county, state or federal governmental entity.

(2)  Non-guyed, omnidirectional, single-element vertical antennas not exceeding 112 inches in height and not exceeding a 1.75 inch outside diameter shall be permitted, in addition to the 60 foot aggregate height limitation.

The restrictions established by this Subsection may be modified by the approval of a Specific Use Permit, as set out in Section 11-9-13, Specific Use Permit, subject to the minimum requirements and such additional safeguards and conditions as may be determined to be appropriate and necessary.

F.    Lot Area and Width Exceptions. The development standards of all zoning districts shall be applicable to all uses within such districts, with the exception of:

1.    All Essential Services, including, but not limited to, fire, police and emergency medical services, utility services, public parks, drainage, and open space and amenity areas; and

2.    Integrated retail or other centers that have multiple lots and out-parcels and function as a single unified development. In such centers, development standards shall apply to the perimeter of the integrated development unless a plat specifies additional setbacks, such as for a mixed-use center.

G.   Yards and Setbacks.

1.    Required yards shall be open and unobstructed from the ground to the sky. Yards provided for the purpose of complying with the requirements of this Title shall not be considered to be a required yard for any other building or lot.

2.    Obstructions are permitted in required yards as follows:

a.      Cornices, canopies, eaves, and similar architectural features may project not more than two feet into a required yard;

b.      Fire escapes may project not more than four and one-half feet into a required yard;

c.      Fences, hedges, plant materials and walls may be located in any yard, provided that corner traffic visibility is maintained in accordance with City ordinances; and

d.      Signs permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street, provided that corner traffic visibility is maintained in accordance with City ordinances.

H.   Accessory Buildings and Structures. In the RE and RS residential districts, a detached accessory building, or buildings, may be located in a required rear yard if:

1.    The building or buildings do not cover more than 20 percent of the area of the minimum required rear yard;

2.    The total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and/or both, does not exceed 600 square feet; and

3.    Any swimming pools, tennis courts, patios, and fallout or other protective shelters, are located only in the rear half of a lot, with a minimum setback of 10 feet from any side or rear lot lines.

Customary residential accessory uses such as clotheslines, barbecue pits, and playground equipment shall not be included in the calculation of accessory structure area.

I.      Vehicles in all Residential Districts.

1.    No inoperative or unlicensed motor vehicles or vehicle bodies or vehicle parts shall be parked or stored within any yard in any residential zoning district; and

2.    No vehicle shall be parked except on a hard surfaced area, constructed of a dust-free, all-weather material.

J.    Lot Averaging Exceptions. Where existing buildings or structures on the same side of the street, and within the same block, encroach into a required front building setback as lawfully established nonconforming buildings, the required front building setback for new construction shall be established as follows:

1.    If the proposed building is to be located more than 200 feet from an encroaching building, the proposed building shall conform to the front building setback established for the district in which the proposed building is located.

2.    If the proposed building is to be located between adjacent buildings which conform to the required front building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front building setback established for the district in which the proposed building is located.

3.    If the proposed building is to be located within 200 feet of and between lawfully established nonconforming buildings that are encroaching, and there are no intervening buildings, the front building setback for the proposed building shall be the average of the front building setback of the two nearest front corners of the encroaching buildings.

4.    If the proposed building is to be located within 200 feet of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front building setback shall be the average of the required front setback and the setback of the nearest front corner of the encroaching building.

K.    Platting Required. In order to implement the development standards of this Title and provide for the proper arrangement of streets, utilities, and emergency access commensurate with the intensity of zoning, no building permit or Zoning Clearance Permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat, as required by Title 12. The City Council, pursuant to its exclusive jurisdiction over subdivision plats, may waive the platting requirement upon a determination that the purposes stated above have been achieved by a previous plat.

Subchapter 2: Residential Development Standards.

11-4-3: Purpose.

The purpose of this Subchapter is to set out development standards for all new residential uses and neighborhoods.

11-4-4: Development Types.

A.    General. The requirements of this Section govern the development of all proposed standard residential uses and neighborhoods in the City, which excludes PUDs, and the former residential zoning districts set out in Subsection C., Exemptions, below.

B.    Development Types. As set out in this Subchapter, there are two types of new residential development, including:

1.    Standard Residential. Standard residential development is permitted in the Agriculture (AG), Residential Estate (RE), Residential Single-Family Low Density (RS-1), Residential Single-Family Medium Density (RS-2), Residential Single-Family High Density (RS-3), Residential Duplex (RD), Residential Multi-Family Townhouse (RMT), Residential Multi-Family Low Density (RM-1), Residential Multi-Family Medium Density (RM-2), and Residential Mobile Home Park (RMH) zoning districts.

2.    Planned Unit Developments (PUDs). Residential PUDs are an alternative form to standard residential development that may include a mix of standard or non-standard housing types, densities, and land uses, subject to the requirements of a PUD zoning district approved by City Council.

C.   Exemptions.Prior to the effective date of this Title, there existed the Residential Single-Family Highest Density (RS-4) zoning district and instances of such district with a PUD overlay district (RS-4/PUD). As set out in Section 11-1-7.C, properties in those districts may be developed in accordance with all requirements in effect when they were approved. New RS-4 and RS-4/PUD districts are expressly prohibited. The former RS-4 development standards are on file with and available from the City Planner. Properties zoned RS-4/PUD have PUD development standards that make each unique, so applicants should consult with the City Planner prior to commencing with development in those former districts.

11-4-5: Development Standards.

Table 11-4-5, Residential Development Standards, sets out the development standards that govern standard residential development in the City.


 

TABLE 11-4-5
Residential Development Standards

DISTRICT

AG

RE

RS-1

RS-2

RS-3

RD

RMT

RM-1

RM-2

RMH

LOT WIDTH (Minimum, in Feet)

Single-Family Dwelling

150

1501

100

85

75

65

60

60

60

-

Duplex

-

-

-

-

-

60

60

60

60

-

Townhouse

Development Width2

-

-

-

-

-

-

100

80

80

-

Townhouse Lot Width2

-

-

-

-

-

-

20

20

20

-

Multi-Family

-

-

-

-

-

-

-

100

100

-

Manufactured Home

-

-

-

-

-

-

-

-

-

300

LOT AREA (Minimum, in Square Feet)

Single-Family Dwelling

43,560

24,000

13,500

11,000

9,000

6,900

6,900

6,000

6,000

-

Duplex

-

-

-

-

-

6,900

6,900

6,900

6,900

-

Townhouse2

-

-

-

-

-

 

1,600

1,800

1,800

-

Multi-Family

-

-

-

-

-

-

-

-

-

-

Manufactured Home

-

-

-

-

-

-

-

-

-

5 acres

LAND AREA PER DWELLING UNIT (Minimum, in Square Feet)

Single-Family Dwelling

43,560

28,375

16,000

12,325

10,875

8,400

8,400

7,500

7,500

-

Duplex

-

-

-

-

-

4,200

4,200

4,200

4,200

-

Townhouse2

-

-

-

-

-

-

4,500

3,630

2,420

-

LAND AREA PER DWELLING UNIT (Minimum, in Square Feet)

Multi-Family

-

For each of the first two dwelling units on the lot

4,600

4,200

-

-

Less than two bedrooms

2,720

1,980

-

-

Two or more bedrooms

3,630

2,420

-

Manufactured Home

-

-

-

-

-

-

-

-

-

5,445

LIVABILITY SPACE PER DWELLING UNIT (Minimum, in Square Feet)

 

-

12,000

7,000

6,000

5,000

2,000

1,800

1,000

400

300

HEIGHT (Maximum, in Feet)

 

404

35

35

35

35

35

35

353

504

1 story

 

 

 

 

 

 

 

SETBACKS (Minimum, in Feet)

FRONT YARDS ABUTTING A STREET (Measured from the centerline of the abutting street. Add to the distance designated below 1/2 of right-of-way designated on the Major Street and Highway Plan, or 25 feet if not designated on the plan.)

Arterial Street and Highway

35