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Home My WebLink About2007.02.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular Agenda DATE: February 6, 2007 File TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the Ci ty Clerk and posted at City Hall 10:00 A.kj. on Friday, February 2, 2007. ) Juliann M. Stevens, Dep ty City Clerk r AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Dale Blackwood, Retired Pastor 3. Flag Salute 4. Roll Call 5. Reading of the Mayor's Proclamation Mayor Cataudella The Mayor will read a proclamation declaring December 5, 2006 as Roman Xavier Krepps Day in the City of Owasso in honor of being the first baby born in an Owasso hospital. S \Agendas \Counci1\2007 \0206. doc Owasso City Council February 6, 2007 Page 2 6. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for February 2007. 7. Presentation of the Character Trait of Flexibility. Sue White, Owasso Character Council 8. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the January 16, 2007 Regular Meeting. Attachment # 8 -A B. Approval of Claims. Attachment # 8 -B C. Acceptance of the Bailey Medical Center storm drainage system and streets, located southwest of the intersection of E. 106th Street North and N. Garnett Road. Attachment # 8 -C D. Approval of Ordinance No. 882, an ordinance approving rezoning request OZ 06 -09, a request to rezone approximately 150 acres located at the southeast corner of N. Mingo Road and E. 76th Street North from (AG) Agriculture to (IL) Office Light. Attachment # 8 -D Staff will recommend Council approval of Ordinance No. 882 and has listed this item in the consent section of the agenda based on Council actions taken January 16, 2007 to approve the rezoning request. 5: \Agendas \Council \2007 \0206. doc Owasso City Council February 6, 2007 Page 3 9. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 883, an ordinance adopting the Zoning Code of the City of Owasso as a part of Part 12, Chapter 2, Zoning Regulations. Mr. Wiles Attachment #9 Staff will recommend Council approval of Ordinance No. 883. 10. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2007 -01, a resolution containing specific guidelines, known as "Rules and Regulations" as it relates to a portion of the Zoning Code for the City of Owasso: to -wit: Chapter 15 Telecommunication Towers; and Chapter 16, Fencing Requirements, and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities. Mr. Wiles Attachment #9 Staff will recommend Council adoption of Resolution No. 2007 -01. 11. Report from City Manager. 12. Report from City Attorney. 13. Report from City Councilors. 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) S \AgendaSTOan61\2007 \0206. doc Owasso City Council February 6, 2007 Page 4 15. Adjournment. 5 \Agendas \C0UnciI \2007 \0206. doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 16, 2007 The Owasso City Council met in regular session on Tuesday, January 16, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 pm on Thursday, January 11, 2007. ITEM 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Rickey Hayes, Economic Development Director for the City of Owasso. ITEM 3. FLAG SALUTE The flag salute was led by Councilor Kimball. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Brent Colgan, Vice Mayor D.J. Gall, Councilor Wayne Guevara, Councilor — arrived at 6:34 during Item 5. Susan Kimball, Councilor A quorum was declared present. STAFF Julie Lombardi, City Attorney Rodney J. Ray, City Manager ITEM 5. PRESENTATION OF THE EMPLOYEE OF THE MONTH Tim Rooney introduced to the Council Angela Hess, Accounting Manager in the City's Finance Department, as the City of Owasso Employee of the Month for January, 2007. Owasso City Council January 16, 2007 , ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the January 2, 2007 Regular Meeting and the January 9, 2007 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2006 -2007 budget status report. D. Acceptance of the Lake Valley I storm drainage system and streets. E. Approval to ratify a decision made by the City Manager wherein the City Manager's spending authority was exceeded in the amount of $2,000.00. Staff will recommend Council ratification of the payment of an invoice in the amount of $27,000.00 to Crossroads Communications for the 2006 Holiday Shopping Campaign, such payment previously authorized by the City Manager and in excess of the City Manager's spending authority by $2,000.00. Ms. Kimball moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $323,770.09, and payroll claims totaling $399,794.98. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APROVAL OF A FINAL PLAT PROPOSING TWO COMMERCIAL LOTS ON APPROXIMATELY 2 ACRES LOCATED ON THE NORTHEAST CORNER OF EAST 86TH STREET NORTH AND NORTH MAIN STREET Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Gall, for Council approval of the Kum & Go final plat. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. 2 Owasso City Council January 16, 2007 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APROVAL OF A FINAL PLAT FOR TYANN PLAZA IX, PROPOSING THREE COMMERCIAL LOTS ON APPROXIMATELY 4.70 ACRES, LOCATED EAST OF THE OWASSO EXPRESSWAY, JUST SOUTH OF TYANN PLAZA VII ADDITION AND THE TYANN PLAZA SHOPPING CENTER Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of the Tyann Plaza IX final plat. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APROVAL OF REZONING REQUEST OZ 06 -09, CONSISTING OF 150 ACRES, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF EAST 76 T11 STREET NORTH AND NORTH MINGO ROAD FROM AG (AGRICULTURE) TO IL (INDUSTRIAL) Mr. Wiles presented the item. Ms. Phyllis Lavendusky and Mr. Kenneth Lavendusky addressed the Council regarding this issue. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of Rezoning Request OZ 06 -09. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APROVAL OF AN AGREEMENT BETWEEN THE CITY OF OWASSO AND COX COMMUNICATIONS FOR THE MAIN STREET UTILITY RELOCATION PROJECT; AND, AUTHORIZATION FOR THE MAYOR TO EXECUTE SAID AGREEMENT Ms. Stagg presented the item. Mr. Guevara moved, seconded by Mr. Colgan, for Council approval of an agreement between the City of Owasso and Cox Communications for the Main Street Utility Relocation Project in an amount not to exceed $61,348.21; and, authorization for the Mayor to execute such agreement. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0. 3 Owasso City Council January 16, 2007 ITEM 11. REPORT FROM CITY MANAGER. Assistant City Manager Tim Rooney updated the Council on the suspension of refuse operations because of the weather. Refuse was not picked up on Monday or Tuesday, and customers were notified using the Code Red System that refuse would not be picked up until their next regularly scheduled day. ITEM 12. REPORT FROM CITY ATTORNEY No Report ITEM 13. REPORT FROM CITY COUNCILORS No Report ITEM 14. NEW BUSINESS No Report ITEM 15. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Guevara, to adjourn. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:16 p.m. Juliann Stevens, Minute Clerk IS Steve Cataudella, Mayor CITY OF OWASSO CLAIMS TO BE PAID 02/06/07 VENDOR DESCRIPTION AMOUNT PSO STREET LIGHTS 13.74 TREASURER PETTY CASH CC REFUND /HARRIS 50.00 REFUND TOTAL 63.74 FOWLER, TERA TUITION REIMBURSEMENT 306.90 LAW ENFORCEMENT SYSTEMS CITATION BOOKS 969.00 TREASURER PETTY CASH PRINTING /CHECKS 25.50 FRANK W AMBRUS BAILIFF SERVICES 240.00 TREASURER PETTY CASH MEETING EXPENSE 25.09 TREASURER PETTY CASH MEETING EXPENSE 53.55 MUNICIPAL COURT DEPT TOTAL 1,620.04 OFFICE DEPOT OFFICE SUPPLIES 252.08 CITY GARAGE VEHICLE MAINT- SERVICE 76.66 CINGULAR WIRELESS CELL PHONE USE 113.34 METROCALL PAGER USE 6.95 OKLAHOMA TRANSPORTATION AUTHORITY TOLLS 10.00 RENAISSANCE MAYFLOWER HOTEL LODGING /RAY 456.85 TREASURER PETTY CASH MILEAGE /LOMBARDI 283.03 TREASURER PETTY CASH MILEAGE /ROONEY 81.48 TREASURER PETTY CASH CITY MGR MEETING EXPENSE 450.97 TULSA METRO CHAMBER REGISTRATION FEES 120.00 TULSA METRO CHAMBER REGISTRATION /RAY /LOM BARD I 30.00 WEST PAYMENT CENTER WESTLAW SUBSCRIPTION 417.15 WEST PAYMENT CENTER LEGAL RESEARCH -MTHLY CHG 30.75 TREASURER PETTY CASH GIFT CERTIFICATE 66.00 KNOLL OFFICE FURNITURE 4,747.39 MANAGERIAL DEPT TOTAL 7,142.65 NOWDOCS INTERNATIONAL W- 2/1099 SUPPLIES 118.00 OFFICE DEPOT OFFICE SUPPLIES 129.15 FINANCIAL EQUIPMENT CO. SERVICE CONTRACT -CHECK SIGNER 371.00 NOWDOCS INTERNATIONAL W- 2/1099 UPGRADE 450.00 FINANCE DEPT TOTAL 1,068.15 OFFICE DEPOT OFFICE SUPPLIES 116.36 WORDCOM COLORED PAPER 86.85 CARD CENTER SELF PERCEPTION GUIDES 145.00 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 182.22 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 389.29 A N Z SIGNS & SHIRTS CHARACTER BANNER 459.00 MCAFEE & TAFT LEGAL 17.50 TENNESSEE MUNICIPAL LEAGUE JOB AD 30.00 TULSA WORLD EMPLOYMENT ADVERTISING 60.04 TULSA WORLD EMPLOYMENT ADVERTISING 108.82 TULSA WORLD EMPLOYMENT ADVERTISING 108.82 AMERICANCHECKED BACKGROUND CHECK 95.40 URGENT CARE PRE - EMPLOYMENT DRUG SCREENING 111.00 REASORS MEETING EXPENSES 23.23 VENDOR TREASURER PETTY CASH OFFICE DEPOT CINTAS CORPORATION CINTAS CORPORATION CHARNEY, BUSS, & WILLIAMS, P.C. EPPERSON & JOHNSEN ATTORNEYS AT LAW HEARTLAND CONSULTING INDIAN NATIONS COUNCIL OF GOVERNMENTS ETHICS COMMISSION OKLAHOMA NATURAL GAS NEIGHBOR NEWSPAPERS AT &T AT &T RESERVE ACCOUNT INDIAN NATIONS COUNCIL OF GOVERNMENTS TREASURER PETTY CASH OFFICE DEPOT CITY GARAGE NEIGHBOR NEWSPAPERS CITY GARAGE METROCALL WILES, ERIC INDIAN NATIONS COUNCIL OF GOVERNMENTS OK CODE ENFORCEMENT AMERICAN ASSOC OF STATE HWY OFFICIALS CARTRIDGE WORLD RIDGWAY'S INTERSTATE ALL BATTERY CENTER GELLCO CLOTHING & SHOES CITY GARAGE US CELLULAR US CELLULAR TURN -KEY MOBILE BLACK BOX NETWORK SERVICES OFFICE DEPOT TIGER DIRECT CARD CENTER COX COMMUNICATIONS FEDERALEXPRESS CINGULAR WIRELESS GLOBAL KNOWLEDGE TRAINING DELL OFFICE DEPOT STRATEGIC CONSULTING INTERNATIONAL DESCRIPTION AMOUNT HR PLANNING RETREAT 30.00 HUMAN RESOURCE DEPT TOTAL 1,963.53 OFFICE SUPPLIES 267.05 MAT SERVICE 28.90 MAT SERVICE 28.90 RON DETHEROW VS. CITY 31.25 TERRY VS. CITY OF OWASSO 11,000.31 CONSULTING SERVICES 10,500.00 SERVICES -11451 CDBG 04 81.50 ELECTION FORMS 50.00 12/06 USE 1,622.36 LEGAL POSTINGS 247.95 PHONE USE 42.78 PHONE USE 619.47 POSTAGE 2,000.00 LEGISLATIVE CONSORTIUM 3QTR 652.00 LICENSE TAGS 55.00 GENERAL GOVERNMENT DEPT TOTAL 27,227.47 OFFICE SUPPLIES 353.44 VEHICLE MAINT -PARTS 34.47 BOA NOTICE 168.00 VEHICLE MAINT- SERVICE 230.00 PAGER USE 13.90 AMERICAN PLANNING CONFERENCE 660.00 MEMBERSHIP DUES FOR FY 06/0 3,927.50 MEMBERSHIP /MCCORD 25.00 COMMUNITY DEVELOPMENT DEPT TOTAL 5,412.31 HWY /STREET MANUALS 126.00 OFFICE SUPPLIES 43.38 PRINTER PAPER 213.30 BATTERIES 46.18 BOOTS - STEVENS 130.00 VEHICLE MAINT- SERVICE 230.00 CELL PHONE USAGE 77.42 CELL PHONE USAGE 108.92 COMPUTER & MOUNT 2,069.00 ENGINEERING DEPT TOTAL 3,044.20 PUNCHDOWN TOOUNETWORK TONE 222.90 OFFICE SUPPLIES 43.99 KEYBOARDS /MOUSE 86.44 WEBSITE RENEWAL 74.97 INTERNET FEES 379.95 SHIPPING CHARGE 26.92 CELL PHONE USE 23.36 TRAIN ING - SLITZKER 614.00 WEB MONITORING SERVER 3,867.34 OFFICE SUPPLIES 99.99 GIS SYSTEM MAINT FEES 4,000.00 INFORMATION SYSTEMS DEPT TOTAL 9,439.86 VENDOR DESCRIPTION AMOUNT FALCON AUDIO LASERED CUPS 160.00 OFFICE DEPOT OFFICE SUPPLIES 151.22 WAL -MART SUPPLIES 5.00 HOME DEPOT WOOD - RAILING 79.79 LOWES PHYSICAL PROPERTY SUPPLIES 768.14 UNIFIRST UNIFORM RENTAL 100.26 LOWES SMALL TOOLS 55.94 B PAINTS PAINTING SERVICE 275.00 COX COMMUNICATIONS INTERNET FEES -OC 69.95 CITY GARAGE VEHICLE MAINT- SERVICE 230.00 CITY GARAGE VEHICLE MAINT -PARTS 9.48 TREASURER PETTY CASH DOC LUNCHES 58.41 CINGULAR WIRELESS CELL PHONE USE 34.07 CLASS ACT RENTAL - COLUMN 50.00 METROCALL PAGER USE 6.95 PERFORMANCE STAGE SPOT LIGHT RENTAL 50.00 AT &T PHONE USE 0.05 AT &T PHONE USE 138.23 CINGULAR WIRELESS CELL PHONE USE 34.08 SUPPORT SERVICES DEPT TOTAL 2,276.57 LOWES SUPPLIES - REPAIR FLAG 9.21 LOWES SUPPLIES - REPAIR BUILDING 12.10 VERDIGRIS VALLEY ELECTRIC COOP CEMETARY USAGE 14.39 CEMETARY DEPT TOTAL 35.70 OFFICE DEPOT OFFICE SUPPLIES 408.87 BLACK BOX NETWORK SERVICES VGA CABLE W /AUDIO 116.43 GALL'S SPOTLIGHT W /CORD 33.98 LYNN PEAVEY COMPANY EVIDENCE COLLECTION 116.70 O'REILLY DE -ICER POLICE CARS 57.24 PUBLIC MANAGEMENT PRESS PROPERTY TEXTBOOK 27.95 STROUD POLICE DEPARTMENT TIRE & RIM 266.99 TREASURER PETTY CASH SUPPLIES /MARKING PAINT 27.15 ULINE PROPERTY /EVIDENCE PACKAGING 260.64 WAL -MART SUPPLIES 21.80 GALL'S NAME PLATE - TOWNSEND 5.85 PATROL TECHNOLOGY RESERVES UNIFORMS 1,067.00 TREASURER PETTY CASH CLEETS 97.56 CITY GARAGE VEHICLE MAINT -PARTS 11,219.27 TREASURER PETTY CASH WIPER BLADES 21.37 TREASURER PETTY CASH FUEL 24.40 ALLIED TOWING & RECOVERY WINCH CHARGE 63.60 MELODY'S TAILOR SHOP ALTERATIONS POLICE UNIFORMS 254.00 TEST MY HEALTH TB SKIN TEST 15.00 OKLAHOMA NATURAL GAS 12/06 USE 455.46 LOWES OPERATING SUPPLIES 28.27 CITY GARAGE VEHICLE MAINT- SERVICE 4,531.67 METROCALL PAGER USE 309.17 AT &T PHONE USE 41.97 AT &T PHONE USE 455.31 SPRINT PCS CHARGES 353.78 VENDOR BEST WESTERN BOARD OF TESTS FOR ALCOHOL & DRUG TREASURER PETTY CASH INTNL ASSOC OF CHIEFS OF POLICE INTNL ASSOC OF CHIEFS OF POLICE ADVANCED POLICE SOFTWARE CARD CENTER FLEET DISTRIBUTORS EXPRESS LEE'S PICKUP PALACE STI -CO INDUSTRIES DESCRIPTION AMOUNT LODGING- INSTRUCTORS 350.00 INTOXLYZER REQUALIFICATION 200.00 CIT TRAINING 39.70 MEMBERSHIP DUES - CHAMBLESS 100.00 MEMBERS HIP - YANCEY 100.00 SOFTWARE- TRAINING PURPOSES 1,995.00 WIDESCREEN FLAT PANAL TV 732.85 VEHICLE EQUIPMENT 9,248.80 ASTRO CAP - PATROL TRUCK 859.00 ANTENNA 351.66 POLICE DEPT TOTAL 34,258.44 LANGUAGE LINE SERVICES SPANISH TRANSLATION SERVICE 29.05 LAW ENFORCEMENT PSYCHOLOGICAL SERVICE EVALUATION -LONG 80.00 DEPARTMENT OF PUBLIC SAFETY EQUIPMENT RENTAL 700.00 METROCALL PAGER USE 55.60 POLICE COMMUNICATIONS DEPT TOTAL 864.65 FULLERTON WELDING SUPPLY HILL'S PET NUTRITION SALES LOWES LOWES STRATHE CLINIC CARD CENTER PATROLTECHNOLOGY CITY OF TULSA ONYX CORPORATION T -SHIRT EXPRESS CITY GARAGE AT &T AT &T METROCALL OK ANIMAL CONTROL ASSN MCNICHOL, SHANE CARD CENTER LOCKE SUPPLY LOWES LOWES OFFICE DEPOT O'REILLY O'REILLY WAL -MART MELODY'S TAILOR SHOP NORTH AMERICA FIRE EQUIPMENT OKLAHOMA POLICE SUPPLY OKLAHOMA POLICE SUPPLY OKLAHOMA POLICE SUPPLY SKAGGS COMPANIES SPECIAL OPS UNIFORMS WAYEST SAFETY WEAR -TECH CO2 16.00 SHELTER SUPPLIES 250.00 SUPPLIES 19.43 OPERATING SUPPLIES 148.84 DRUGS /SYRINGES /NEEDLES 54.82 TOP ROCKER EMBLEMS 49.95 UNIFORMS 20.00 EUTHANASIA SERVICE 64.00 .TONER 59.95 JACKET 25.00 VEHICLE MAINT- SERVICE 153.33 PHONE USE 4.32 PHONE USE 38.80 PAGER USE 6.95 SEMINAR/HEMSOTH 150.00 ANIMAL CONTROL DEPT TOTAL 1,061.39 REIMBURSE TUITION 324.90 WINDSOCK 82.20 SUPPLIES - WINDSOCK POLE 3.25 OPERATING SUPPLIES 101.87 MAINT SUPPLIES 332.10 OFFICE SUPPLIES 119.21 OIL DRY 10,98 DE -ICER FIRE VEHICLES 19.08 SUPPLIES 724.28 PATCHES ON UNIFORMS 757.00 BUNKER GEAR 1,100.00 UNIFORM APPAREL 85.00 UNIFORM APPAREL 680.00 UNIFORM APPAREL 187.60 UNIFORM BOOTS 105.95 BUTTONS/TIES /CROSSES 83.72 INSERTS FOR SCBA 67.00 UNIFORM HATS 300.00 VENDOR DESCRIPTION AMOUNT ATC FREIGHTLINER GROUP SNOW CHAINS 137.90 CROW BURLINGAME COMPANY REPAIR /MAINT SUPPLIES 27.94 O'REILLY WIPER BLADES /MIRROR 26.97 CITY GARAGE VEHICLE MAINT -PARTS 612.30 WAYEST SAFETY FUNCTION TEST 1,160.00 OKLAHOMA NATURAL GAS 12/06 USE 3,045.88 AMERICAN OVERHEAD DOOR GARAGE DOOR 197.90 BAILEY EQUIPMENT STARTER ROPE -SAW 20.69 OVERHEAD DOOR DOOR REPAIR 556.00 CITY GARAGE VEHICLE MAINT- SERVICE 920.00 CULLIGAN OF TULSA WATER/COOLER 23.90 IKON OFFICE SOLUTIONS RENTAL 24.74 AT &T PHONE USE 6.56 AT &T PHONE USE 234.13 CINGULAR WIRELESS CELL PHONE USE 48.92 METROCALL PAGER USE 311.15 SPRINT PCS CHARGES 202.16 FIRE SERVICE TRAINING FLAMMABLE LIQUIDS/YORK 200.00 FIRE SERVICE TRAINING FLAMMABLE LIQUIDS /JACKSON 200.00 OFFICE DEPOT ACADEMY GRADUATION SUPPLIES 80.25 OKLAHOMA TRANSPORTATION AUTHORITY TOLLS 9.70 FIRE MARSHALS ASSOCIATION OF OKLAHOMA CONFERENCE -SALTS 25.00 ADVANTAGE LAUNDRY SYSTEMS INSTRUMENT - CLEANING FIRE EQ 12,256.00 CURRENT ELECTRIC TECH INSTALLATION -AIR COMPRESSOR 1,430.21 WAYEST SAFETY BREATHING AIR COMPRESSOR 8,446.50 FIRE DEPT TOTAL 35,288.94 GRAYBAR ELECTRIC PHONE FACEPLATES 12.72 LOWES OPERATING SUPPLIES 20.45 VERDIGRIS VALLEY ELECTRIC COOPERATIVE STORM SIREN 16.32 AT &T PHONE USE 19.41 EMERGENCY PREPAREDNESS DEPT TOT/ 68.90 APAC ATWOODS CROW BURLINGAME COMPANY LOWES MAXWELL SUPPLY OF TULSA OCT EQUIPMENT O'REILLY TREASURER PETTY CASH TWIN CITIES READY MIX TWIN CITIES READY MIX WAL -MART CROW BURLINGAME COMPANY EQUIPMENT ONE LOWES ATWOODS OCT EQUIPMENT OK TRUCK SUPPLY O'REILLY BELLCO MATERIALS FREMAR ASPHALT - REPAIRS 703.04 MAINT SUPPLIES /PLOW PARTS 26.88 HOSE CONNECTOR/TIE DOWNS 50.50 ICE MELT /RUB BRICK 57.73 MARKING PAINT 22.41 BACKHOE BUCKET TEETH 64.70 BUNGEE CORDS 6.99 WIPER BLADES /HEX NUTS 57.60 CONCRETE /MAIN ST 548.25 CONCRETE /SILVER CREEK 2,436.00 SUPPLIES 95.69 DE -ICER 11.96 PROPANE -HOT BOX 97.98 FIBER PATCH - POTHOLE REPAIRS 966.00 CHEMICALS /PART -SAND SPREADE 29.96 PLOW BLADE 283.24 CHEMICALS /LIGHT REPAIR 76.26 CHEMICALS /LIGHTS 816.26 CHEMICALS /SAND 3,698.16 CHEMICALS /SALT 2,446.08 VENDOR DESCRIPTION AMOUNT HANCOCK RACING STABLES CHEMICALS /SALT 1,620.00 HOLLIDAY SAND & GRAVEL CHEMICALS /SAND 175.80 ATWOODS FACE SHIELD 15.19 ATWOODS HARDWARE 9.16 GEORGE & GEORGE SAFETY UNIFORM GEAR 93.61 UNIFIRST UNIFORM RENTAUCLEANING 116.78 WATER PRODUCTS REPAIR/MAINT SUPPLIES 122.97 TULSA COUNTY BOCC TRAFFIC & STREET SIGNS 432.92 OWASSO FENCE SIGN POSTS 725.00 CITY GARAGE VEHICLE MAINT -PARTS 1,760.71 CROW BURLINGAME COMPANY SPREADER 20.49 MAXWELL SUPPLY OF TULSA SMALL TOOLS 43.92 STEVES WHOLESALE SANDBLASTER NOZZLE 9.78 WAL -MART SMALL TOOLS 24.17 WATER PRODUCTS REPAIR /MAINT SUPPLIES 18.49 PSO STREET LIGHTS 4,676.94 SIGNALTEK TRAFFIC CONTROL MAINTENANCE 300.00 CITY GARAGE VEHICLE MAINT- SERVICE 1,533.33 NES TRAFFIC SAFETY BARRICADES /CHRISTMAS PARADE 210.60 AT &T PHONE USE 23.58 METROCALL PAGER USE 34.75 TREASURER PETTY CASH CDL LICENSE / ROUSH 66.50 STREET DEPT TOTAL 24,530.38 ATWOODS ANTIFREEZE 5.78 BAILEY EQUIPMENT CHAINSAW CHAINS 34.84 LOWES TRASH BAGS /SAFETY CONE STAN 135.56 OFFICE DEPOT OFFICE SUPPLIES 7.95 GEORGE & GEORGE SAFETY UNIFORM GEAR 93.58 UNIFIRST UNIFORM RENTAUCLEANING 102.08 CASECO TRUCK BODY LED LIGHTS 4.20 CITY GARAGE VEHICLE MAINT -PARTS 957.21 O'REILLY WIPER BLADES 22.21 TULSA NEW HOLLAND BRUSH HOG PARTS 342.65 BAILEY EQUIPMENT BACK PACK BLOWER 269.99 CROW BURLINGAME COMPANY CIRCUIT TESTER 10.00 BAILEY EQUIPMENT TRIMMER/POLESAW 442.35 CITY GARAGE VEHICLE MAINT- SERVICE 1,073.33 METROCALL PAGER USE 41.70 TREASURER PETTY CASH CDL LICENSE /FITCH 41.50 STORMWATER MAINT DEPT TOTAL 3,584.93 ATWOODS BROOM 19.95 OFFICE DEPOT OFFICE SUPPLIES 1.59 UNIFIRST UNIFORM RENTAUCLEANING 65.60 ADT SECURITY SERVICES SECURITY SERVICES 45.74 OKLAHOMA NATURAL GAS 12/06 USE 177.47 RURAL WATER DISTRICT #3 WATER /MCCARTY PARK 25.00 CITY GARAGE VEHICLE MAINT- SERVICE 306.67 EQUIPMENT ONE RENTAL -DITCH WITCH 174.80 AT &T PHONE USE 0.12 AT &T PHONE USE 93.51 NATIONAL RECREATION AND PARK ASSOC MEMBERSHIP DUES 130.00 VENDOR CHARACTER TRAINING INSTITUTE OFFICE DEPOT LOWES TULSA MAINTENANCE SUPPLY WAL -MART OKLAHOMA NATURAL GAS CITY GARAGE AT &T AT &T DELL OKLAHOMA NATURAL GAS CLASSIC ELECTRIC COMPANY AT &T AT &T LONE STAR OVERNIGHT CITY GARAGE SPRINT TREASURER PETTY CASH TREASURER PETTY CASH OFFICE DEPOT FIRE SERVICE TRAINING ALLIANCE MEDICAL MEDICAL COMPLIANCE SPECIALTY PACE PRODUCTS OF TULSA CROW BURLINGAME COMPANY LENOX WRECKER SERVICE CITY GARAGE ARMY NAVY SURPLUS MEDTRONIC TEST MY HEALTH CITY GARAGE CINGULAR WIRELESS MEDICLAIMS TREASURER PETTY CASH DEPT OF HEALTH EMERG MEDICAL SERVICES AT &T INDIAN NATIONS COUNCIL OF GOVERNMENTS MESHEK & ASSOCIATES DESCRIPTION AMOUNT PARKS DEPT TOTAL 1,040.45 CHARACTER BULLETINS 49.00 OFFICE SUPPLIES 62.99 SUPPLIES 78.90 SUPPLIES 41.10 SUPPLIES 83.70 12/06 USE 1,106.29 VEHICLE MAINT- SERVICE 30.83 PHONE USE 0.64 PHONE USE 126.20 COMMUNITY CENTER DEPT TOTAL 1,579.65 TONER CARTRIDGE 89.99 12/06 USE 209.41 WIRING /SWITCH 127.00 PHONE USE 0.54 PHONE USE 22.28 HISTORICAL MUSEUM DEPT TOTAL 449.22 DELIVERY CHARGE 9.35 VEHICLE MAINT- SERVICE 76.67 PCS CHARGES 50.54 MEETING EXPENSE 22.04 ECONOMIC DEVELOPMENT DEPT TOTAL 158.60 GENERAL FUND TOTAL 162,179.77 REIMBURSE AMBULANCE 32.16 OFFICE SUPPLIES 53.97 PALS INSTRUCTOR PKG 165.00 AMBULANCE SUPPLIES 3,479.59 BIO -WASTE DISPOSAL 126.00 AMBULANCE SUPPLIES 288.90 VEHICLE MAINT 11.18 TOWING REPAIR -M1 150.00 VEHICLE MAINT -PARTS 1,328.50 ICE CLEATS 639.60 MAINTENANCE CONTRACT 3,935.00 IMMUNIZATION /SCREENING 780.00 VEHICLE MAINT- SERVICE 766.67 CELL PHONE USE 74.21 MONTHLY SERVICES 4,748.74 RESCUE TRAINING CLOTHES 12.66 LICENSE RENEWAL 190.00 AMBULANCE SERVICE FUND TOTAL 16,782.18 E911 FEES 1,876.40 E911 SERVICE FUND TOTAL 1,876.40 STORMWATER MGMT FEE 977.75 ENGINEERING SERV -MISC DRAIN 11,522.38 STORMWATER MGMT FUND TOTAL 12,500.13 VENDOR DESCRIPTION AMOUNT BKL INCORPORATED ARCHITECTURAL SERVICES STAT 6,650.00 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCCARTY 312.50 CHARNEY, BUSS, & WILLIAMS, P.C. CITY VS. MCAULIFF 187.50 APAC CONCRETE FOR STREET PROJECTS 65,334.66 MESHEK & ASSOCIATES SILVER CREEK DRAINAGE IMPROVE 1,217.64 OKLAHOMA NATURAL GAS RELOCATION OF GAS FACILITIES 10,910.33 CAPITAL IMPROVEMENTS FUND TOTAL 84,612.63 ZOLL MEDICAL CORPORATION AUTO PULSE CPR SYSTEM 24,985.00 AMBULANCE CAPITAL FUND TOTAL 24,985.00 LAND RUN SERVICES LANDSCAPING -SKATE PARK 1,974.20 INDIAN NATIONS COUNCIL OF GOVERNMENTS SERVICES -11599 CDBG ED 04 149.65 CAPITAL PROJECTS GRANT FUND TOTAL 2,123.85 LIVINGSTON, KEN TUITION REIMBURSEMENT 342.60 OFFICE DEPOT OFFICE SUPPLIES 24.21 OFFICE DEPOT OFFICE SUPPLIES 57.46 O'REILLY SHOP SUPPLIES 4.98 WAL -MART SUPPLIES 10.32 GELLCO CLOTHING & SHOES SHOES- LIVINGSTON 130.00 UNIFIRST UNIFORM RENTAL 173.79 EQUIPMENT ONE PROPANE - FORKLIFT 21.99 AMERIFLEX HOSE & ACCESSORIES PARTS FOR RESALE 25.30 CLASSIC CHEVROLET PARTS FOR RESALE 129.98 CLASSIC CHEVROLET PARTS FOR RESALE 227.26 FRONTIER INTERNATIONAL TRUCKS PARTS FOR RESALE 200.87 LOWES HEAT TAPE 30.87 OK TRUCK SUPPLY PARTS 70.51 O'REILLY PARTS 1,220.10 T & W TIRE TIRES 495.16 T & W TIRE TUBE 25.00 UNITED FORD PARTS 180.10 OKLAHOMA NATURAL GAS 12/06 USE 922.38 METROCALL PAGER USE 6.95 AT &T PHONE USE 1.13 AT &T PHONE USE 38.81 CINGULAR WIRELESS CELL PHONE USE 34.16 O'REILLY CLASS 139.99 AAMCO TRANSMISSIONS REBUILD TRANSMISSION 1,752.24 BREAK B GONE WINDSHIELD INSTALLATION 500.00 J & R EQUIPMENT REPAIR SERVICE - JETTER 2,696.42 LENOX WRECKER SERVICE TOWING -CRANE CARRIER 160.00 LENOX WRECKER SERVICE TOWING -TRASH TRUCK 150.00 PRECISION FLUID POWER REPAIR BACKHOE 614.00 QUALITY TIRE & AUTO SERVICE WHEEL ALIGNMENT 49.95 T & W TIRE TIRE REPAIR 70.00 UNITED ENGINES REPAIR TRASH TRUCK 5,366.28 CITY GARAGE FUND TOTAL 15,872.81 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 317.69 VENDOR CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CARD CENTER WARREN CAT DESCRIPTION AMOUNT PROFESSIONAL SERVICES 5,495.54 PROFESSIONAL SERVICES 378.00 MEDICAL CLAIMS 1,440.35 MEDICAL CLAIMS 442.65 MEDICAL CLAIMS 2,955.29 SETTLEMENTS 528.00 SETTLEMENTS 25,441.00 SETTLEMENTS 892.12 WORKERS COMP FUND TOTAL 37,890.64 VEHICLE RENTAL 744.96 REPAIR TO RENTAL EQUIP 940.00 SELF INSURANCE FUND TOTAL 1,684.96 GRAND TOTAL 360,508.37 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 01/16/07 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICE ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 30,134.25 19,272.30 27,165.94 76,572.49 721.00 4,748.77 1,765.80 1,774.82 9,010.39 1,634.71 1,080.06 2,714.77 88,297.65 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 02/06/07 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 34,612.40 43,836.72 26,231.26 23,760.20 128,440.58 1,530.00 1,506.41 680.44 1,706.51 5,423.36 133,863.94 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 1/20/2007 Department Overtime Expenses Total Expenses Managerial $ $ 56,014.49 ; �', $: E „�.... S;n.. ,;9/. R r...".n> .af ., a:f ,.. .. ✓„ _, x3N" n. 9Y: y, o \,FS. @'. .,. .. i,A.0. E,'S Human Resourses $ - $ 7,783.89 En ineering $ - $ 16,336.84 '1.Y e +:" Ji 3) Pik ' �^ • ' e3, t,, ,t. ": .. "'p . ',a.. „_ fix . Support Services $ - $ 9,698.98 2654 Central Dispatch $ 944.73 $ 9,207.57 k s. 5.. �;� ,.x twS).a'`r� n�� „ , mra <. ,. On ?e!'x'�,hsA4,s. �../ ., c '. � � \\ \.: .•�ie:e. \+3 �'«miA"i,, Fire $ 4,520.94 $ 106,224.09 .m \ Streets $ 6,211.19 $ 15,981.12 s 505, 41 F :..,, Park Maintenance $ - $ 8,174.99 iliilF� r Centers A. WIN Historical Museum $ - $ 2,613.26 Garage Fund $ 95.67 $ 5,460.31 Ambulance Fund $ 992.40 $ 19,243.53 $ 992 kEf . g(}1 ' 9,24t 53 Emergency 911 Fund $ 314.91 $ 3,076.62 Workers Compensation $ 1,250.08 .MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: J.B. ALEXANDER T PROJECT MANAGER SUBJECT: ACCEPTANCE OF STORM DRAINAGE AND STREETS BAILEY MEDICAL CENTER DATE: January 16, 2007 BACKGROUND: The subject commercial development is located southwest of the intersection of East 106th Street North and North Garnett Road (see Attachment A). Design of the storm drainage system and streets were reviewed and approved in May 2005. FINAL INSPECTIONS: Final inspection for the storm drainage system and streets was conducted on December 18, 2006. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the required two -year maintenance bond for the storm drainage system and streets (see Attachment B). Cook & Associates Engineering has prepared an as -built report for the detention pond (see Attachment C). Public Works engineering personnel have reviewed the report and have approved the findings. RECOMMENDATION: Staff recommends Council acceptance of the Bailey Medical Center storm drainage system and streets. ATTACHMENTS: A. Location Map B. Maintenance Bonds C. Detention Report ATTACHMENT Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com BAILEY MEDICAL " CENTER w E N 110th E AVE LOCATION MAP S 01/03/07 ATTACHMENT B Mainte ance Bond PRIVATELY FINANCEDI PUBLIC IMPROVEMENTS Bond No: BD -91715 KNOW ALL MEN BY THESE PRES NTS, That we Becco Contractors, Inc. as Principal (Developer and Contractor), and Mid - Continent Casualty Company and Great American Insurance Company as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Two Hundred Twenty Thousand and NO /100 DOLLARS ($220,000.00) to whi h payment will and truly to be made, we do bind ourselves, and each of our heirs, exe utors, administrators, successors, and assigns jointly and severally, firmly by these prese ts. WHEREAS, the Principal will furnish a t TWO YEARS after final approval of the associated Storm Sewer, a privately fin, such by the City Council of the City workmanship and materials which may public improvement during said period. d conditioned to guarantee, for the period of .ty Road Construction (I I0`h'Street) and the ed public improvement, and acceptance of Owasso, Oklahoma, against all defects in ;come apparent in such privately financed NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED:Sqrttn�ber 26, 2006 Becco Contractors, Inc., I: Mid- Contirlint Casualty Company, Surety BY: ' Attorney -in -Fact Jan . ieler Great American Insurance Company, BY: _ / L f , Attorney -in -Fact Jeff . Jo on ATTACHMENT C CGOK & ASSOCIATES ENGINEERING, INC -- Engineering Surveying (;ecaechnical Construction 121 E. College St. 1486 East Poplar St. *` Broken Arrow Ok 74012 Fort Gibson, Ok 74434 918 - 258 -9442 Office 918 -478 -3930 Office 918- 258 -9488 Fax 918 - 478 -5498 Fax www.cook- eng.com November 6, 2006 Mr. Joe Nurre, P.E. City Engineer City of Owasso 301 West 2'a Avenue P.O. Box 180 Owasso, OK 74055 RE: Bailey Medical Center Phase 1 Detention Pond As -built Dear Mr. Nurre: The construction of the Bailey Medical Center Phase 1 Detention Pond is complete. An As -built topographic survey has been completed by Cook & Associates. The as -built data and the design data for the detention pond are as follows: A copy of both the design and As -built stage- storage curves and stage - discharge curves are attached along with a copy of the Topographic As -built survey. If you have any questions or need anything else, please call. Sincerely yours, //j ,; lj�-/ Kathleen Church, P. E. Director of Engineering Cook & Associates Engineering Inc. 7"� r r" l iA' P Design Data As -built Data 100 -yr WSE 673.04 673.04 100 -yr Volume 12.54 ac -ft 16.88 ac -ft Spillway length 72 ft 93 ft 12" orifice Elev. 667.00 667.02 30" orifice Elev. 669.00 668.9 Top of Berm Elev. 673.50 674.04 A copy of both the design and As -built stage- storage curves and stage - discharge curves are attached along with a copy of the Topographic As -built survey. If you have any questions or need anything else, please call. Sincerely yours, //j ,; lj�-/ Kathleen Church, P. E. Director of Engineering Cook & Associates Engineering Inc. 7"� r r" l iA' P MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ORDINANCE NO. 882 DATE: January 29, 2007 BACKGROUND: At the January 16, 2007 meeting, the Owasso City Council approved a Rezoning request (OZ 06- 09) for approximately 150 acres located at the southeast corner of Mingo Road and East 76th Street North. Attached is a copy of Ordinance No. 882 that formally adopts the City Council's action of January 16, 2007. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 882. ATTACHMENT: 1. Ordinance No. 882 2. Subject Map CITY OF OWASSO ORDINANCE NO. 882 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -06- 09 ALL OF GOVERNMENT LOT ONE (1) AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE /4 NW /4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ 06 -09. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit: ALL OF GOVERNMENT LOT ONE (1) AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE /4 NW /4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE WEST 987 FEET OF THE NORTH 417.42 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND LESS AND EXCEPT THE NORTH 233 FEET OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER LYING EAST OF THE WEST 987 FEET THEREOF AND WEST OF THAT PART OF THE A.T. &S.F. RAILROAD RIGHT OF WAY IN SAID NORTHEAST QUARTER OF NORTHWEST QUARTER; AND ALL OF GOVERNMENT LOT TWO (2) AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE /4 NW /4) AND THAT PART OF THE NORTH 200 FEET OF LOT THREE (3) AND THAT PART OF THE NORTH 200 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE /4 SW /4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LYING WEST OF THE A.T. &S.F. RAILROAD RIGHT OF WAY. is hereby changed from (AG) Agriculture to (IL) Office Light. OZ 06 -09 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this 2nd day of February, 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney OZ OG -o9 O 0 Z fi Z Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. cityofowasso. com OZ 06 -09 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE AND RESOLUTION FOR THE UPDATE TO THE OWASSO ZONING CODE DATE: January 30, 2007 BACKGROUND: At City Council work sessions from October to January, the staff presented the proposed update to the Owasso Zoning Code. The Code was last adopted on June 5, 1984. With the update, the staff seeks to make the code easier to use and understand, while at the same time improving the safeguards that the Code provides to citizens who may be impacted by nearby development. Earlier in the process, the staff received input on the proposed zoning code from the City Council and from individual Planning Commission members, developers, and members of the Owasso Economic Development Authority (OEDA). That input was then used to revise the proposed Code, which was to be presented to the public, City Council, Planning Commission, OEDA, and the development community at a series of public meetings in November and December. The zoning code is now ready to be considered. Ordinance No. 883 and Resolution No. 2007 -01 are the vehicles that would effectuate the update to the code. Ordinance No. 883 would adopt the zoning code itself. Resolution No. 2007 -01 would adopt the rules and regulations for six of the chapters in the code, specifically, those related to: Telecommunication towers, Fencing requirements, Flood hazard regulations, Signs, Outdoor lighting, Landscaping requirements, and Access gates for gated communities. These regulations included in these six chapters will be subject to changes promulgated, from time to time, by the City Manager. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. PLANNING COMMISSION REVIEW AND RECOMMENDATION: At their December 11, 2006 meeting, the Planning Commission conducted a public hearing to discuss the zoning code proposal. No citizens were present to comment on the issue. At the public hearing, the Planning Commission voted 4 - 0 to recommend approval of the proposed code, with the exception of the proposed change in site plan review. Currently, site plans are reviewed by the Technical Advisory Committee (TAC), and then approved by the Planning Commission. Any appeals of Planning Commission site plan decisions are then made to the City Council. With the proposed Zoning Code, site plans would still be reviewed by the TAC, but would be approved by the Community Development Department instead of the Planning Commission. Any appeals of the Community Development site plan decisions would still be made to the City Council. STAFF RECOMMENDATION: The staff recommends City Council approval of Ordinance No. 883 and adoption of Resolution No. 2007 -01 approving the proposed zoning code in its entirety, including an amendment that will allow site plans to be approved by the Community Development Department. ATTACHMENTS: 1. Proposed Ordinance No. 883 2. Proposed Resolution No. 2007 -01 3. Exhibit A, Chapters 15 -21 of the proposed Zoning Code CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 883 AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A PART OF PART 12, CHAPTER 2, ZONING REGULATIONS: TO -WIT: CHAPTER 1, TITLE, PURPOSES, INTERPRETATION, AND JURISDICTION; AND CHAPTER 2, GENERAL PROVISIONS; AND CHAPTER 3, AGRICULTURE DISTRICT PROVISIONS; AND CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT PROVISIONS; AND CHAPTER 6, COMMERCIAL DISTRICT PROVISIONS; AND CHAPTER 7, INDUSTRIAL DISTRICT PROVISIONS; AND CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9, OFF - STREET PARKING REQUIREMENTS; AND CHAPTER 10, NONCONFORMITIES; AND CHAPTER 11, ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13, AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15 TELECOMMUNICATION TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED COMMUNITIES; AND APPENDIX A, OWASSO PLANNING COMMISSION BYLAWS; AND APPENDIX B, OWASSO BOARD OF ADJUSTMENT BYLAWS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empower the City to engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying out the purposes of said acts; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, The Owasso City Council has appointed a Planning Commission which shall review all proposed zoning amendments; and WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing relating to the adoption of this Zoning Code and conducted said public hearing on December 11, 2006; and WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this ordinance have been met; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION ONE (1): That there is hereby adopted by the City Council of the City of Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community in accordance with the adopted Land Use Master Plan; a Zoning Code known as the Zoning Code of the City of Owasso, Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and Jurisdiction; and Chapter 2, General Provisions; and Chapter 3, Agriculture District Provisions; and Chapter 4, Residential District Provisions; and Chapter 5, Office District Provisions; and Chapter 6, Commercial District Provisions; and Chapter 7, Industrial District Provisions; and Chapter 8, Planned Unit Developments and Overlay Districts; and Chapter 9, Off - Street Parking Requirements; and Chapter 10, Nonconformities; and Chapter 11, Enforcement; and Chapter 12, Board of Adjustment; and Chapter 13, Amendments; and Chapter 14, Definitions; and Chapter 15, Telecommunication Towers; and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities; and Appendix A, Owasso Planning Commission Bylaws; and Appendix B, Owasso Board of Adjustment Bylaws; and the whole thereof, and the same are hereby adopted and incorporated as full as if set out at length herein and from and after the effective date of this Ordinance and all provisions thereof, shall be controlling, as set out therein within the corporate limits of the City. That said Zoning Code is hereby adopted as Chapters 1 -21 and Appendices "A" and `B" of Part 12, Chapter 2, Zoning Regulations, of the Code of the City of Owasso, Oklahoma. SECTION TWO (2): Rules and Regulations, Chapters 15, 16, 17, 18, 19, 20, and 21 Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of certain chapters of the ordinance to the City Council for adoption by resolution. Said certain chapters are, specifically, Chapter 15, Telecommunication Towers; and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations for said chapters, or changes to existing Rules and Regulations for said chapters as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. SECTION THREE (3) Repealer All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FIVE (5): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 2, Zoning Regulations. PASSED by the City Council of the City of Owasso, Oklahoma on the 61" day of February, 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of 2007. Julie Lombardi City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2007 -01 A RESOLUTION RELATING TO THE RULES AND REGULATIONS OF A PORTION OF THE OWASSO ZONING CODE: TO -WIT: CHAPTER 15 TELECOMMUNICATION TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED COMMUNITIES; PROVIDING STANDARDS FOR DEVELOPMENTS IN THE CITY OF OWASSO. WHEREAS, the zoning regulations of the City of Owasso are intended to provide standards that will enhance the health, safety, and general welfare of the public, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, that the following standards are adopted as the Rules and Regulations for: Chapter 15, Telecommunication Towers; and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities; of the City of Owasso Zoning Code. Said chapters are included with this resolution as "Exhibit A ". Approved this 61" day of February 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk EXHIBIT A CHAPTER 15 TELECOMMUNICATION TOWERS 1510 Definitions 1520 Telecommunication Towers SECTION 1510 DEFINITIONS For the purpose of this section, the following words and phrases shall have the meaning ascribed to them as follows: 1. The term "telecommunications tower" means a structure more than ten feet tall, built primarily to support one or more telecommunications antennas. 2. The term "telecommunications" means the transmission, between or among points specified by the user, or information of the user's choosing, without change in the form or content or information as sent and received. 3. The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 4. The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels or dishes, and omni- directional antennas, such as whips, but not including satellite earth stations. 5. The term "telecommunications antenna" means an antenna used to provide a telecommunications service. 6. The term "antenna array" means a structure attached to a telecommunication tower that supports telecommunication antennas. 7. The term "whip antenna" means an omni- directional dipole antenna of cylindrical shape that is no more than six inches in diameter. 8. The term "non whip antenna" means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc. 9. The term "EIA -222" means Electronic Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" 10. The term "historically significant landscapes" and "architecturally significant structures" shall apply to those areas identified as such within the National Register of Historic Places. SECTION 1520 TELECOMMUNICATION TOWERS (A) NO SPECIAL EXCEPTION REQUIRED (1) Permitted By Right — Telecommunication towers are a permitted use in all CG, CH, IL, IM, and IH if proposed towers satisfy the following requirements. Telecommunication towers permitted under this subsection may exceed compatibility and base district height restrictions. (a) Aesthetic Protection Telecommunication facilities shall be so located to ensure that historically significant landscapes are protected. The views of vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (b) Setback Tower shall be a minimum of 200' from any RS -3 or more restrictive district. (c) Height Tower height, excluding antenna array, does not exceed: (1) 75 feet, if the tower is at least 200 feet but less than 250 feet, from any RS -3 or more restrictive district. (2) 100 feet, if the tower is at least 250 feet but less than 350 feet, from any RS -3 or more restrictive district. (3) 120 feet if the tower is 350' or greater, from any RS -3 or more restrictive district. (d) Antenna Array Height The antenna array does not exceed the tower height by more than 10 feet. (e) Setback of Guy Wires All guy wires and guy anchors are setback a minimum of 20 feet from any property line. (f) Tower Type The tower is of monopole design, or one of equal or lesser impact, if located within 350' of any RS -3 or more restrictive district. (g) Co- Location A telecommunication tower must be designed and built so as to be capable of use by at least three wireless communication providers such as cellular or PCS providers using antenna arrays of 9 to 12 antennas each within 15 vertical feet of each other with no more than three degrees twist and sway at the top elevation. The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least two other wireless telecommunication providers on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the building permit application. (h) Security Fencing The base of tower is enclosed by security fencing. (i) Compliance with Applicable Regulations The tower is constructed and operated in compliance with current Federal Communication Commission and other applicable federal and state standards. 0) Neighborhood Impact The proposed tower location will not cause a negative impact on any residential neighborhood. In determining neighborhood impact, the Director shall consider the opinion of record property owners within 300', but the Director shall not be bound by such opinions expressed. (k) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant /owner. (2) Replacement of Existing Poles — Telecommunication towers erected to replace existing poles are permitted in all zoning districts, provided that: (a) The pole replaced is a functioning utility pole or light standard within an established utility easement or public right -of -way, recreational facility light pole, or telecommunication tower. (b) Replacement tower height, including antenna array does not exceed: (1) The height of the original utility, light standard, or recreational facility light pole by more than 10 feet; or (2) The height of the original telecommunication tower and antenna array. (c) The pole replaced does not obstruct a public sidewalk, public alley, or other public right -of -way, and (d) Pole appearance and function, except for antenna, are not significantly altered. (3) Placement on Existing Poles — permitted in all zoning districts, provided that: (a) Telecommunication antennas are permitted on existing utility, lighting, telecommunication towers, and sign structures at or exceeding 50 feet in height. (b) Provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non -whip type or fifteen (15) feet if a whip type. (c) Telecommunication antennas located on existing structures are not subject to the 5,000 feet separation requirement. (d) If any additions, changes, or modifications are to be made to the monopole, the Director of Community Development shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso. (4) Roof Mounted Telecommunication Antennas — allowed on non - residential buildings in all districts, provided that: (a) Non -whip antennas do not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway. (b) Whip antennas do not exceed the height of the building by more than fifteen (15) feet and are located no closer than fifteen (15) feet to the perimeter of the building. Prior to the installation of a roof mounted antenna, the Community Development Department shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof - mounted antennas and equipment. Roof mounted antennas and associated equipment may either be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so they are not visible from an adjacent public roadway. (5) Building Mounted Telecommunication Antennas of the nonwhip type are allowed on non - residential buildings in all zoning districts, provided that: (a) The antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached. (b) The antenna's appearance is such as to blend with the surrounding surface of the building. (c) Associated equipment shall be place either within same building or in a separate building that matches the existing building in character and materials or blends with landscaping and other surrounding material adjacent to the separate building housing the equipment. Associated equipment for roof mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (6) When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the Community Development Department shall be provided with color photo simulations showing the site of the existing structure with a photo- realistic representation of the proposed antenna and the existing structure as it would appear viewed from the closest residential property. The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna. (7) Distance Measurement — distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or RS -3 or more restrictive district or use. For the purposes of applying restrictions set forth in this section, "RS -3 or more restrictive zoning district or use" excludes property that is: (a) Used as public or private primary or secondary educational facility; (b) Used as a college or university educational facility; Owned by the US, State of Oklahoma, Tulsa County, or the City of Owasso, and not used for RS -3 or more restrictive residential uses; Used primarily for religious assembly; Used as a cemetery; Occupied by non - residential, non - conforming uses; or Any other site similar to those listed above and determined by the Director of Community Development to be consistent with the purposes of this section. (8) Exceptions and Exemptions (a) A telecommunication tower that fails to meet the requirements of this section may be authorized by obtaining a Special Exception through the Owasso Board of Adjustment. (b) Towers erected by a public agency for police, fire, EMS, 911 or other similar public emergency communication shall be exempt from the requirements of this section. (B) SPECIAL EXCEPTION REQUIRED (1) This section is designed to encourage placement of telecommunication towers in permitted areas. If a proposed telecommunication tower is not to be located in a permitted by right district, a Special Exception is required. (2) All Special Exception requests for telecommunication towers may be so authorized by the Owasso Board of Adjustment, subject to the following additional requirements: (a) Setback from Historical Property The tower shall not be on, or within 300 feet, or property recognized as a historical property or a property of historical significance. (b) Setbacks General The telecommunication tower must be a minimum of 200 feet, or 3 to 1 distance to height ratio, whichever is greater, from structures used for residential purposes. (c) Height Tower height, excluding antenna array, shall not exceed: (1) 75 feet if the tower is at least 75 feet, but less than 100 feet, from any RS -3 or more restrictive zoning district. (2) 100 feet if the tower is at least 100 feet, but less than 200 feet, from any RS -3 or more restrictive district or use. (3) 120 feet if the tower is at least 200 feet, but less than 300 feet, from any RS -3 or more restrictive district or use. (4) Maximum height shall be an appropriate height set by the Board of Adjustment, if the tower is in excess of 300 feet from any RS -3 or more restrictive zoning district or use. (d) Array Height The antenna array shall not exceed the tower height by more than 10 feet. (e) Guy Wires All guy and guy wires shall be set back a minimum of 20 feet from any property line. (f) Monopole Required Any tower within 200 feet of any RS -3 or more restrictive district shall be of a monopole design, or one of equal or lesser impact. (g) Security Fencing The base of the tower shall be enclosed by security fencing at a height of 8 feet. (h) Compliance with Applicable Regulations The tower is constructed and operated in compliance with the current Federal Communications Commission and other applicable federal and state standards. (i) Distance from Other Towers New telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower, unless in a by right district. 0) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant /owner. CHAPTER 16 FENCING REQUIREMENTS 1610 Required screening fences 1620 Sight triangle definition 1630 Fences in residential neighborhoods 1640 Fences in flood and drainage areas SECTION 1610 REQUIRED SCREENING FENCES A. All residential uses, including, but not limited to, single - family attached and detached, duplexes, multi - family, mobile homes, etc., that back up to any arterial road, shall be screened with a solid opaque fence to provide screening of the rear yards of the residential property. Parks, swimming pools, and other amenities included within a residential subdivision and adjacent to an arterial may be bordered with a decorative fence, approved by the Community Development Department, in lieu of a screening fence. All multi - family residences, mobile home parks and all industrial uses that adjoin any arterial or collector street or highway, shall be screened with a solid opaque fence that provides screening of all yards. Screening fences shall not be less than six (6) feet nor more than ten (10) feet in height; provided that such fences shall not be permitted in any stormwater drainage easement, established floodplain, sight triangle areas, nor block ingress and egress. B. All non - single- family and non - duplex uses shall be screened from any adjacent single - family and duplex uses by a screening wall or fence. Such screening wall or fence 1) shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation, 2) shall not be less than six (6) feet in height, 3) shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance, 4) shall be constructed prior to the occupancy of the building or initiation of the use required to screen, and 5) shall be of the type of materials compatible with the surrounding area. C. On or after the effective day of this Ordinance, all new wooden screening fences, including replacements for existing wooden screening fences that are required by the Zoning Ordinance or are constructed as perimeter fencing for new subdivisions, shall have the vertical support posts constructed of permanent building materials that may include but not be limited to a minimum of schedule 40 galvanized steel posts with an outside diameter equal to or larger than two and three- eighths (2 3/8) inch, masonry columns at least one foot square, or pvc fencing using dual extruded pvc posts. Required screening fences, as well as privacy fences that are not required by this code, shall be constructed with all braces and supports on the interior. The Community Development Department may permit alternative support posts as part of any site /landscape plan review, as long as the materials used meet or exceed the wind load capabilities of the materials listed above. Footings shall be constructed of concrete or equivalent materials. Any existing fence otherwise lawful at the time of construction and thereafter maintained may continue throughout its useful life; however, the replacement of such fence or other repair of more than thirty (30) consecutive linear feet shall require the replacement or repair to conform to the standards listed herein. Unless otherwise approved by the Community Development Department, all fencing shall be uniform in height. Replacement fencing/screening, excluding support posts, shall retain its original height and material and the top elevation shall match the adjoining elevation. D. The exterior of required screening fences shall be uniform for the entire length of the development. SECTION 1620 SIGHT TRIANGLE DEFINITION An area of land located adjacent to the intersection of two (2) or more streets, which area of land is bounded by a line measured from the center of a connecting street and extended along the curb line of a corner lot for a distance of seventy -five (75) feet, to an end point to form one boundary of the triangle, and bounded by a line measured from the center of the second connecting street and extended along the second curb line of the corner lot for a distance of seventy five (75) feet to an end point to form the second boundary of the triangle; and bounded by a straight line connecting the two (2) end points of the first two (2) boundaries. This triangle has been determined for regulatory purposes to be sufficient for the drivers of two (2) vehicles traveling at twenty -five (25) miles per hour or less and approaching an uncontrolled intersection on separate, interconnecting, level and dry streets to view each other and take appropriate actions safely. This triangle has also been determined for regulatory purposes to be sufficient for pedestrian traffic, which may be augmented by toys such as roller skates, skateboards, sleds and similar devices. SECTION 1630 FENCES IN RESIDENTIAL NEIGHBORHOODS A. Fences or vegetation having a screening effect shall not be permitted or allowed by the owner to grow on any corner lot within the sight triangle of a corner lot. B. Fences shall not be constructed in the street right -of -way, whether such right -of -way is held as an easement or in fee. C. If additional fences are constructed on the residential lot, such fences adjoining any arterial, collector, or minor street, shall be not less than six (6) feet or more than eight (8) feet in height. Fences adjoining a highway shall be not less than six (6) feet or more than ten (10) feet in height. D. Fences in residential areas may be constructed on property lines, in side yards, and rear yards. However, no fences higher than thirty (30) inches may be constructed in any front yard as defined by this code. E. If the landowner of a corner lot constructs a fence within a side yard and rear yard in accordance with Section 11.2, and if the rear portion of these yards of the corner lot abut the side yard of a neighboring lot, then any such fence built between the building setback line and the property line must be so constructed as to allow the driver of a vehicle on the neighboring lot to have a clear view of the street and all traffic thereon, for a distance of seventy -five (75) feet in each direction from the point of entrance into the street right -of- way from the neighboring lot. For the purpose of this subsection, the rear portion of the corner lot will be deemed to abut a neighboring side yard only if the two (2) yards form a common boundary along the majority of their length. SECTION 1640 FENCES IN FLOOD AND DRAINAGE AREAS No fences, other than an open split rail fence or barbed wire fence, shall be constructed in any one hundred -year floodplain area. No fences other than open split rail or barbed wire shall be constructed in drainage easements that are not in the 100 -year floodplain area unless the owner has been given the written approval of the Public Works Department following their investigation of the consequences to the drainage. CHAPTER 17 FLOOD HAZARD REGULATIONS 1710 Statutory Authorization, Findings of fact, and Statement of purpose 1720 Definitions 1730 Scope of controls; use and conditions 1740 Areas of special flood hazard defined 1750 Lands to which special flood hazard applies 1755 Basis for establishing the areas of special flood hazard 1760 Floodplain manager action 1765 Flood development permits 1770 Standards for floodways 1775 Standards for areas of shallow flooding 1780 Variance procedures 1785 Exemptions 1790 Enforcement and Penalties SECTION 1710 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND STATEMENT OF PURPOSE STATUTORY AUTHORIZATION The Legislature of the State of Oklahoma has in (statutes) 82 O.S. § §1601 -1618, as amended, Chapter 23 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Owasso, Oklahoma, does ordain as follows: FINDINGS OF FACT 1) The flood hazard areas of the City of Owasso, Oklahoma are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. STATEMENT OF PURPOSE — It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. SECTION 1720 DEFINITIONS For the purpose of this chapter the following terms shall have the meanings respectively ascribes to them in this section: 1. "Area of special flood hazard" means that land in the floodplain within a community subject to a one percent (I%) or greater chance of flooding in any given year; 2. "Base flood" means the flood having a one percent (I%) chance of being equaled or exceeded in any given year; 3. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 4. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source; 5. "Flood boundary and floodway map (FBFM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the areas within the boundaries of special flood hazards have been designated; 6. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor"; 7. "Mean sea level" means the average height of the sea for all states of the tide; 8. "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be user with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers; 9. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home; and 10. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 304, 6/2/81) SECTION 1730 SCOPE OF CONTROLS; USE AND CONDITIONS This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. Uses normally permitted in applicable zoning districts shall be permitted providing the following provisions have been met: All new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall: a. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; b. Be constructed with materials and utility equipment resistant to flood damage; and C. Be constructed by methods and practices that minimize flood damage; 2. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 3. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 4. All new and replacement on -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; 5. All new construction and substantial improvements of residential structures shall have the lowest floor elevated to or above the base flood level calculated on the basis of one hundred percent (100 %) upstream urbanization or development; 6. All new construction and substantial improvements of non - residential structures shall have the lowest floor flood - proofed or elevated to or above the base flood level calculated on the basis of one hundred percent (100 %) upstream urbanization or development; 7. Any altered or relocated water course shall maintain its original flood carrying capacity; 8. No man -made change to improved or unimproved property, including filling, grading, paving, or excavating shall be commenced until a building permit or zoning clearance permit has been obtained for each change; and 9. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over - the -top and ground ties to anchors. Specific requirements shall be: a. Over - the -top ties at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one additional tie per side; b. Frame ties at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side. C. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and d. Any additions to the mobile home be similarly anchored. e. For new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50 %) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, require: (1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect or land surveyor shall submit a certification to the building inspector or zoning officer that the standards of this paragraph complies with this section; (2) Adequate surface drainage and access for a hauler are provided; and (3) In the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten (10) feet apart, and (3) reinforcement is provided for pilings more than six (6) feet above the ground level. (Ord. No. 304, 6/2/81) SECTION 1740 AREAS OF SPECIAL FLOOD HAZARD DEFINED A. The provisions of this chapter shall apply to and govern the placement of structures and improvements and man -made changes of land, and the issuance of building permits or zoning clearance permits for property within the areas of special flood hazard in the city. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated September 22, 1999, with accompanying flood insurance rate maps and flood hazard boundary floodway maps, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the city. B. It is the responsibility of the city manager, through the floodplain manager, to determine, on request for a building permit or zoning clearance permit, if a particular tract of land is in part or in whole within the areas of special flood hazard as shown on the flood hazard boundary and floodway maps. SECTION 1750 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES The provisions of this chapter shall apply to and govern the placement of structures and improvements and man -made changes of land, and the issuance of building permits or occupancy permits for property within the areas of special flood hazard in the city. SECTION 1755 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas," dated April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the City. SECTION 1760 FLOODPLAIN MANAGER ACTION The building inspector or zoning officer shall act upon all such applications on which he is authorized to act under these regulations within thirty (30) days, after these are filed in compliance with the provisions hereof. He shall either issue a building permit or zoning clearance permit within the thirty (30) day period or he shall notify the applicant, in writing, of his refusal of such a permit and set forth the reason therefore. Failure to notify the applicant in case of such refusal within thirty (30) days shall entitle the applicant to the building permit or zoning clearance permit, unless the applicant consents to an extension time. Under such rules as may be adopted by the board of adjustment, the building inspector or zoning officer may issue a temporary building permit or zoning clearance permit. He shall also: Review all permits to determine whether proposed building sites will be reasonably safe from flooding; 2. Maintain a record of all lowest habitable floor elevations submitted to him; In the absence of other Federal Emergency Management Agency base flood elevation data, consider other available data basis for determining lowest permitted floors; 4. Notify adjacent communities of all proposed water course alterations; 5. Require that all other state and federal permits are obtained; and 6. Review all applications and determine their conformance with the subdivision regulations of the city as applicable. SECTION 1765 FLOOD DEVELOPMENT PERMITS A request for the processing and issuance of a flood development permit pertaining to property situated within the boundary of the defined areas of special flood hazard shall be accompanied by such plans as may be necessary, including, at the discretion of the floodplain manager, plans in duplicate, drawn to scale in black line or blueprint, showing: 1. The actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; 2. The exact location, size and height of any building or structure to be constructed or altered; 3. The existing and intended use of each building or structure or part thereof; 4. The number of families, dwellings, or housekeeping units the building is designed to accommodate; 5. When no buildings are involved, the location of the present use and proposed use to be made on the lot; 6. When the property lies within the area of special flood hazard, the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures; and 7. Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of these regulations. One copy of any such plan or plans shall be returned to the owner when such plans have been approved by the floodplain manager, together with such flood development permit as may be granted. All dimensions shown on these plans relating to the location of the buildings thereon shall be staked out on the ground before construction is started. Whenever a lot is not provided and is not proposed to be provided with public sewers, the application for flood development permit shall be accompanied by a certificate of approval by the county health officer of the proposed method of water supply or disposal of sanitary wastes. SECTION 1770 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 12 -404 of this code are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; 2. If paragraph 1 hereof is satisfied, all nr construction and substantial improvements shall comply with all applicable flood hazard reduction provisions in Section 12 -403 of this code; and 3. Prohibit placement of any mobile homes, except in an existing mobile home park or subdivision. SECTION 1775 STANDARDS FOR AREAS OF SHALLOW FLOODING Located within the areas of special flood hazard established in Section 12 -404 of this code are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to above the depth number specified on the flood boundary and floodway map; 2. All new construction and substantial improvements on non - residential structures shall: Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the flood boundary map; and b. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. A registered professional engineer or architect shall submit a certification to the building inspector or zoning officer that the standards of this section and Sections 12 -405 through 12 -407 of this code are satisfied. SECTION 1780 VARIANCE PROCEDURES The board of adjustment as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter in accordance with the provisions of the zoning code of the city. SECTION 1785 EXEMPTIONS Provisions of this chapter shall not be applicable to: 1. Any building permit, zoning clearance permit, zoning special exception approval, zoning variance approval, site plan approval, license, permit, or other approval granted prior to the initiation of the development controls hereby enacted; however, nothing herein contained shall limit the city's right to revoke any building permit, certificate of occupancy, license or other approval previously issued when such revocation is in the best interest of the health, safety and welfare of the community; 2. Agricultural activities, except for new construction of structures or substantial improvements to structures; 3. Home gardening; and 4. Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where is would be impossible to obtain prior building permit or zoning clearance permit. However, such repairs shall not be considered as being exempt from the provisions of this chapter and they shall be conclusively deemed temporary and non- permanent unless subsequently authorized by an appropriate building permit or zoning clearance permit approval. SECTION 1790 ENFORCEMENT AND PENALTIES A. Any building permit or zoning clearance permit may be revoked or suspended by the city council after a public hearing. Ten (10) calendar days advance written notice shall be given to the grantee specifying the grounds for such contemplated revocation or suspension and advising the grantee of the date, place and time of the hearing before the city council; the permits may be revoked or suspended upon occurrence of any one of the following events: Violation of any condition of the approval; 2. Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the work authorized by building permit or zoning clearance permit approval; or Existence of any condition or the doing of any act constituting or creating a nuisance, hazard, or endangering human life or the property of others. B. Any person, firm or corporation or other legal entity violating the requirements of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished as provided in Section 1 -108 of this code. C. In addition to any fine, the city may institute appropriate actions or proceeding at law or equity for the enforcement of the provisions of this chapter, or to correct the violations thereof. If applicable and appropriate, the city may institute appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the grantee's performance as authorized by the special exception approval. CHAPTER 18 SIGNS 1805 Purpose. 1810 Promulgation of Rules and Regulations. 1815 Calculating the Area of a Sign. 1820 Definitions. 1825 Signs Not Requiring Permits. 1830 Prohibited Signs. 1835 Permitted Signs. 1840 Matrices. 1845 Unified Sign Plan. 1850 Administrative Provisions. 1855 Permits Required. 1860 Permit Revocable. 1865 Construction, Inspection, and Maintenance Standards. 1870 Permit Fees and Penalties. 1875 Nonconforming Signs. 1880 Sign Variances. 1885 Validity. 1805 PURPOSE This Code, together with future amendments thereof, shall be known and may be cited as the "City of Owasso Sign Code ". The purpose and general intent of the City of Owasso Sign Code is as follows: (1) To establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the City of Owasso may appear orderly and to prevent the needless clutter in appearance within the City by signs unreasonable in number, location, area and illumination. (2) To provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare, public safety, convenience and order to the City of Owasso. (3) To provide for the issuance, revocation, inspection and identification of signs within the City. (4) To provide for the removal of any sign that is in violation of or non - conforming with the intent and purpose of this Code. 1810 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of Chapter 18 to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 1815 CALCULATING THE AREA OF A SIGN The area of a sign shall be computed to include the entire area within a sign, whether such sign is a parallelogram, triangle, circle or semi - circle, including all of the display area of one side and any part of the surface of any cornice, hood, awning, wall or similar ornamental or structural feature that blends with the sign in such a manner as to appear to be the background of the sign, and including all of the elements of the matter displayed, regardless of the angle at which such sign is placed in relationship to the building frontage; provided, however, that the area of a wall sign shall be computed to include only the area in which characters, letters, illustrations, insignia or logos are depicted. 1820 DEFINITIONS. Definitions of terms as used in this Code, unless the context otherwise requires, shall be as follows: Advertising Face. Each side of a sign that is designed, constructed, located and positioned for the purpose of displaying off - premises advertising material. Area Marker. A sign that designates or identifies a subdivision or development. Awnings. Any structure made of cloth or metal with a metal frame attached to a building and projecting over public property when so constructed to permit its being lowered to a position over public property and to permit its being raised to a position flat against building when not in use. Canopy. A roof -like structure of a permanent nature that projects over a public way. Contractor Sign. Signs that denote the architect, engineer, contractor, lending institution or other related business when placed upon work under construction. Establishment. A place of business that has a separate identity, separate entrances, and separate records and books of its business transactions. Front Footage. The lot frontage on which the sign is located. Marquee. A roof -like structure of a permanent nature that projects from the wall of a building and may overhang a public way. Changeable lettering may be a part thereof. Noncombustible Material. Any material that will not ignite at or below a temperature of one thousand two hundred (1200) degrees Fahrenheit and will not continue to burn or glow at that temperature. Professional Nameplate. A sign that states the name and occupation or profession of the person occupying the premises where the sign is located. Sim A sign includes any device that displays or includes any letter, work, model, banner, flag, pennant, insignia, propeller balloon, device or representation used as, or that is in the nature of an advertisement or announcement or that directs attention to an object, product, place, activity, person, institution, organization, or business; but the term shall not include display of official notice. Sign, Bulletin. A sign or board constructed in connection with a non - profit, community or neighborhood center, public building, church building or educational institution on its premises for announcement purposes. Sign, Business. A sign that directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is attached. Sign, Directional. A sign providing directions to the general public to a specific site or address in the City. Sign, Flashing_ Any sign that incorporates in any manner apparent movement achieved by electrical pulsation, contains intermittent lighting or by other means such as sequential light phasing. Sign, Ground / Pole Mounted. A sign that is supported by one or more poles, uprights or braces in the ground and that is not a part of a building. Sign, Ground / Surface Mounted. A sign that is mounted flush with the ground or is supported by one or more poles, uprights, or braces in the ground and that is not a part of a building. Sign, Illuminated. Any sign designed to give forth any artificial light, or designed to reflect such light deriving from any source that is intended to cause such light or reflection. Sign, Moving_ Any sign, or part of a sign, whether illuminated or unilluminated, that does not remain stationary at all times regardless of power source that affects movement. Sign, Political. A sign that makes known the name or information about a person running for an office or any other information concerning a political campaign or election issue of any nature. Sign, Roof. A sign constructed upon or above a roof or parapet of a building whether extending beyond the highest point of the building or not. Sign, Snipe. A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar object, whether in the public right -of -way or not. Sign, Structure. The supports, uprights, bracing and framework for a sign or outdoor display. Sign, Temporary.. A sign that is not intended to be used or installed permanently and /or that the Community Development Director or his /her designee deems to not be constructed or erected in a manner consistent with the stated purpose of this Code. Sign, Wall. A sign painted, attached to, or constructed against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall. Wall. The exterior surface of a building or structure. For purposes of this Code, other than size limitations, wall shall be determined to include mansard -type or sloped roof structures. Work of Art. The term "work of art' shall apply to all mural paintings or decorations, inscriptions, mosaic, painted glass and similar art forms of a permanent character intended for permanent or commemoration that are applied to, constructed or placed upon the exterior walls of any building. For the purpose of this ordinance, "work(s) of art", whether singular or in aggregate, shall be deemed to exist when its size exceeds sixteen (16) square feet. For the purpose of this ordinance, a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. 1825 SIGNS NOT REQUIRING PERMITS A permit shall not be required for the following types of signs, provided that said signs shall be subject to all other provisions of this Code. Sports Field Signs. Temporary signs at sports fields do not require permits and will not be required to follow the provisions of this Ordinance. Real Estate Signs. One (1) real estate sign not exceeding eight (8) square feet in area for residentially zoned areas or thirty -two (32) square feet for commercial or industrial zoned areas which is "double- faced" and advertises only the sale, rental or lease of the premises upon which such signs are located. Open House Signs. One (1) directional or open house sign not exceeding two (4) square feet in area located on the private property of the premises upon which the sale is located. Additionally, one open house sign may be placed at the entrance to the subdivision in which the house for sale is located, provided that the sign announces the address of the house and the time and date that the open house is being conducted. Business Signs. One (1) non - illuminated, non - activated nameplate or occupational sign not exceeding two (2) square feet in area and attached flat against a building, providing only the name, address and occupation of the building tenant or owner. Flags. Flags and insignias of any government or government agency. Historical Markers. Non - illuminated, non - reflective memorial signs or signs bearing the name of the building and date of erection, provided that said signs do not exceed twelve (12) square feet in area and are either carved into, embossed on or permanently embedded in masonry, bronze or other non - combustible materials, in such a way that they are an architectural detail of a building. Legal Notices. Legal notices, identification, informational or directional signs constructed by government agencies or in compliance with their regulations. Political Signs. Political signs, not exceeding sixteen (16) square feet in area, which makes known the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than six (6) weeks before the general election and are to be removed no later than one (1) day following the general election, that no political sign shall be placed in or on the public right -of -way, that no political sign shall be placed or erected in or on any private property without the express permission of the owner or occupant of such property. Garage Sale Sign. A maximum of two (2) signs not to exceed four (4) square feet each shall be permitted to advertise a garage sale. Any such sign shall not be placed in the public right -of- way, shall not be placed or located farther than the nearest major arterial roadway from the site of the sale and shall be removed immediately at the conclusion of the garage sale. Service Station Signs. Signs that are attached to gasoline pumps or other similar dispensing or servicing devices are allowed, as well as signs and required regulatory information that are an integral part of the service station operation. In no way does this section allow snipe signs and pennants at service stations, and banners at service stations must be permitted as they are at other uses. Awning or Canopy Lettering_ Vinyl or plastic lettering affixed to any awning or canopy, and conforming to the provisions of the section related to awnings /canopy type signs. Contractor Signs. Contractor signs not exceeding twenty -four (24) square feet in area and placed within the area to be constructed. Window Signs. Signs that are posted on windows and not designed to be read from a point off the property. Community Interest Signs. Any other sign that the City Council deems of a public or community wide interest. 1830 PROHIBITED SIGNS. The following signs classified by location, type and content are prohibited. Locnflon (a) No sign shall be permitted to extend into, above or be placed in or on any portion of a public street, avenue or alley, nor shall any sign be painted, pasted, posted, printed or nailed to or on any curb, sidewalk, tree, light standard, utility pole, hydrant or bridge, or in any manner displayed within the public property or public right -of -way lines of any street, avenue or alley except legal notices, identification, informational or directional signs erected by a government agency and in compliance with their regulations. (b) No sign shall be constructed so as to obstruct any fire escape, required exit, window, or door opening intended as a means of ingress or egress, nor shall any sign be placed in such a manner as to interfere with any opening required for ventilation. (c) No sign shall be constructed in a manner that interferes with any surface or underground utility structure. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water. (d) No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes the potential impediment to rescue personnel in the event of an emergency or which constitutes a public nuisance. (a) Any sign not specifically permitted within a zoning district, to include temporary signs, shall be prohibited within such zoning district. (b) Portable, Snipe, Mobile, or Vehicular Signs. No portable, mobile, vehicular or snipe signs shall be permitted within the City, and no motorized vehicle or trailer shall be parked upon public or private property within the City for the obvious purpose of advertising; provided that commercial vehicles may be identified only by business name, type of business, business address, business telephone number, and contractor's state / county / city license number when required. (c) Gooseneck Reflectors. Gooseneck reflectors and lights shall be permitted only on ground signs, roof signs, wall signs, and works of art, provided the reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. (d) Spotlight and Floodlights. It shall be unlawful for any person to maintain any sign or work of art that extends over public property that is wholly or partially illuminated by floodlights or spotlights. (e) Moving and Flashing_ No moving signs shall be permitted in any district except for pennants used in connection with real estate "Open House" and maintained for less than forty -eight (48) hours. No flashing signs shall be permitted in any residential district. (f) Nuisance. No sign shall be permitted that emits audible sound, vapor, smoke, odor particles or gaseous matter. (g) Placards, Leaflets, Handbills. No placards, leaflets, handbills or similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any district. (h) Corporate or Commercial Flags. No corporate or commercial flags shall be permitted in any zoning district that exceed thirty -five (35) feet in height and /or fifteen (15) square feet in area to include those corporate or commercial flags containing logos. Additionally, corporate or commercial flags shall be limited to one (1) flag per business entity. (i) Work of Art. No work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of Owasso without first being submitted to and approved by the Planning Commission. The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, location, appearance, color, texture, general design, use material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City Council may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the highest character of community development and would not be detrimental to the stability of value and the welfare of surrounding property, structures, and residents, and to the general welfare and happiness of the community. (j) Advertising Signs (off - premises). It shall be unlawful for any person to construct any off - premises advertising sign in any zoning district in the City. (k) Roof Signs. It shall be unlawful for any person to construct or maintain any roof sign in any zoning district in the City. (1) Balloons and Inflatable Si ns. It shall be unlawful for any person to construct, erect or maintain any balloon, inflatable device or image for the purpose of advertising or directing attention to the location from which the device is attached. Content. (a) Obscene Matter No person shall display upon any sign or other advertising structure an obscene, indecent or immoral matter. (b) Traffic Safety No sign shall be erected or constructed in any district within the City that states, "stop ", "go ", "slow ", "danger" or any other similar term which could reasonable be confused with traffic signs. Furthermore, no sign shall be erected or constructed in any district which would by its color or nature, tend to be confused with or obstruct sight of traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person. 1835 PERMITTED SIGNS Signs permitted under the provisions of this Code are itemized on matrices according to zoning districts. The matrices indicate whether the sign is "permitted conditionally ", or "not permitted" in each zoning district. Each matrix also includes significant characteristics or attributes of each sign by type and is further cross - referenced by a series of conditions. Signs not listed in a particular matrix are expressly prohibited unless allowed under the provisions of Section 1820 of this Code. The matrices do not intend, however, to preclude any other section of this Code. 1840 MATRICES The following matrices with qualifying conditions are included below: A. Matrix #1 — Signs permitted in AG Agricultural, RE Residential, RS -1 Residential, RS -2 Residential, and RS -3 Residential zoning districts. B. Matrix #2 — Signs permitted in RD Duplex, RTH Multi- family, RM -1 Multi- family, RM -2 Multi- family, and RMH Mobile Home zoning districts. C. Matrix #3 — Signs permitted in OL Office and OM Office zoning districts. D. Matrix #4 — Signs permitted in CS Commercial and IL Industrial zoning districts. E. Matrix #5 — Signs permitted CG Commercial, CH Commercial, and IM Industrial zoning districts. Matrix #6 — Signs permitted in IH Industrial zoning districts. SIGN MATRIX # 1 AG, RE, RS -1, RS -2, RS -3 Setbac Setbac k from Conditi Not Max k from Max # Max # Maxim Side or Setbac Type on Perm Area Front Signs of um Rear k from Propert Days Height pear ROW y Line y Line Area A,D,J 100 1 25 Marker Awnin X gs Banner HH,II 1 Bulleti B, C, D 12 10 1 4 8 n Busine X ss Canop X y Contra D,I,FF 16 1 ctor Flashin X g Groun X d/ Pole Groun X d/ Surfac e Marqu X ee Movin D,BB 1 2 g Politic D,K 16 al Project X ing Real C,D,H, 8 1 4 Estate FF,GG Wall B, C, E 12 1 SIGN MATRIX # 2 RD, RTH, RM —1, RM — 2, RMH Setbac Setbac Not Max k from Max. # Max # Maxim k from Side or Setbac Type Cond Perin Area Front of Days uin Rear k from Propert Signs Height ROW y Line Propert y Line Area A,D,J 100 1 25 Marker Awnin X gs Banner 1 HH,II Bulleti B, C, 12 10 1 4 8 n D Busine X ss Canop X y Contra D,I,FF 16 1 ctor Flashin X g Groun X d/ Pole Groun X d/ Surfac e Marqu X ee Movin BB 1 2 g Politic D,K 16 al Project X ing Real C,D,H, 8 1 4 Estate FF,GG —T Wall C,L,M 12 1 SIGN MATRIX # 3 OL, OM Setbac Setbac k from Max # Max # Maxim k from Setbac Type Cond Not Max Front of of um Side or k from Perm Area Propert Signs Days Height Rear ROW y Line Propert y Line Area A,D,J 100 1 25 Marker Awnin S,T g Banner HH,II 1 Bulleti B,C,D 12 10 1 4 8 n Busine F,G 2 1 ss Canop S,Z y Contra D,I,FF 16 1 ctor Flashin X g Groun C,D,G, 1 30 d / N,O,P, Pole S,W,E E, FF Groun C,D,G, 1 4 d / N,O,P, Surfac W,DD, e EE Mount Marqu S,T,Z, 1 ee AA Movin BB 1 2 g Politic D,K 16 al Project X ing Real C,D,G 32 1 8 Estate G, FF Wall C,G,M 1 Q,R SIGN MATRIX # 4 CS and IL Setbac Setbac Conditi Not Max k from Max # Max # Max k from Side or Setbac Type ons Perm Area Front of of Height Rear k from Propert Signs Days ROW y Line propert Line Area A,D,J 100 1 25 Marker Awnin S, T gs Banner HH,II 1 Bulleti B,C,D 12 10 1 4 8 n Busine F,G 2 1 ss Canop S, Z Y Contra I,D,FF 16 1 ctor Flashin D,CC g Groun C,D,G, 1 30 d/ N,O,P Pole S,V,EE ,FF Groun C,D,G, 1 4 d/ N,O,P, Surfac V,DD, e EE Mount Marqu S,T,Z, 1 ee AA Movin BB 1 2 g Politic D,K 16 al Project X ing Real C,D,G 32 1 8 Estate G, FF Wall C,G,M 1 Q,R SIGN MATRIX # 5 CG, CH, IM Setbac Setbac k from Max # Max # k from Setbac Type Cond Not Max Front of of Max Rear or k from Perm Area Propert Signs Days Height Side ROW y Line Propert y Line Area A,D,J 100 1 25 Marker Awnin S,T gs Banner HH,II 1 Bulleti B,C,D 12 10 1 4 8 n Busine F,G 2 1 ss Canop S,Z Y Contra D,I,FF 16 1 ctor Flashin D,CC g Groun C,D,G, 1 30 d/ N,O,P, Pole V, S,EE,F F Groun C,D,G, 1 4 d/ O,P,V, Surfac DD,EE e Mount Marqu S,T,Z, 1 ee AA Movin BB 1 2 g Politic D,K 16 al Project X ing Real C,D,G 32 1 8 Estate G, FF Wall C,G,M 1 ,Q,R,U SIGN MATRIX # 6 IH Setbac Setbac Not Max k from Max # Max # Max k from Side or Setbac Type Cond perm Area Front of of Height Rear k from Propert Signs Days ROW y Line propert Line Area A,D,J 100 1 25 Marker Awnin S,T gs Banner HH,II 1 Bulleti C,D 12 10 1 4 8 n Busine F,G 2 1 ss Canop S,Z y Contra D,I,FF 16 1 ctor Flashin D,CC g Groun C,D,G, 1 30 d / N,O,P, Pole S,V,D D,EE, FF Groun C,D,G, 1 4 d / O,P,V, Surfac DD,EE e Mount Marqu S,T,Z, 1 ee AA Movin BB 1 2 g Politic D,K 16 al Project X,Y,D 3 1 ing Real C,D,G 32 1 8 Estate G, FF Wall C,G,M 1 , Q,R Sign Matrices Conditions — All Zoning Districts A. Such signs are subject to approval by the Planning Commission. B. Such signs shall be permitted only in connection with a non - profit, community or neighborhood center, public building, church building or educational institution. C. If illuminated, illumination shall be constant, indirect lighting directed away from any adjoining residential use. D. Such signs shall not be constructed or located that it will obstruct the view of traffic or within the public right -of -way. E. Such signs shall not project higher than ten (10) feet above ground level when affixed to a building. F. Such signs shall be unilluminated. G. Such signs shall only include the professional or occupational nameplate to include only the name and / or address and occupation of the occupant. H. Such signs shall be double- faced, advertising only "for sale ", "for rent" or "for lease" of the premises upon which the sign is located. I. Such signs shall be removed from the site within thirty (30) days after construction is complete. J. Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years from the date of initial construction, whichever comes first. K. Such signs shall not be erected or placed sooner than six (6) weeks before the applicable election or campaign and shall be removed no later than one (1) day after the general election. L. Such signs shall sign shall not exceed ten (10) percent of the wall to which it is attached or ninety (90) square feet, whichever is less. M. Such signs shall be attached to a wall that fronts or faces upon a street right -of -way. N. Such signs shall be limited to thirty (3 0) feet in height and one hundred (100) square feet in area. If the lot or tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot up to a maximum of one hundred fifty (15 0) square feet. O. Shopping centers that are located on a tract or lot bound by two (2) or more public streets are allowed one (1) additional ground sign, pole or surface mounted with a maximum square footage of fifty (50) feet at a secondary entrance facing a different public street than the original ground sign. P. If illuminated, such signs in direct view of traffic signals shall not be red, green or amber in color, and shall be illuminated only during business hours or until eleven o'clock (11:00 pm) whichever is later. Q. Such signs are permitted on any wall that faces or fronts onto a public right -of -way, except that no wall sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right -of -way when such public right -of -way is bounded on the opposite side by properly zoned single- family dwellings. R. Such signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. For each one hundred (100) foot increment the structure is set back from the public right -of -way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feet. S. All such structures shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the public sidewalk and fifteen (15) feet above a drive or alley. T. Such structures shall not be permitted to extend beyond a point two (2) feet inside the curbline. U. All establishments may construct one (1) wall sign as permitted in their respective zoning districts on building walls which do not face or front an adjoining and abutting public right - of -way, when there exists under the same ownership a parking lot or other open space of at least fifty (50) linear feet between the wall and the nearest building, but in no case shall a sign be constructed on more than two (2) walls of a building. V. If more than one (1) establishment is located on a tract or lot, one (1) ground sign, pole or surface mounted, may be installed to display names of stores, occupations or businesses located on the tract or lot. The size of the sign shall not exceed one hundred (100) square feet in area. W. Such signs shall be limited to sixty (60) square feet in area. If the lot or tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first ninety (90) feet of said tract or lot up to a maximum of one hundred (150) square feet. X. Projecting signs shall be permitted beneath a canopy or marquee and erected over a public sidewalk and shall be hung at a right angle from the building. Y. A sign erected beneath a canopy or marquee shall not extend beyond a point within two (2) feet of the front edge of the canopy or marquee and shall maintain a minimum clearance of eight (8) feet between the bottom of the sign and the public sidewalk. Z. All such structures must comply with the following: 1. Such structures must be suspended from the building and not resting upon the sidewalk. 2. Such structures, when erected must be so drained as not to discharge water upon the sidewalk or upon streets except by a closed drain. AA. No marquee shall display any advertising matter, except those goods and services offered for sale upon the premises or public service messages of a community wide interest. BB. Such signs shall be unilluminated and permitted for a period of forty -eight (48) hours in connection with a real estate "open house ". CC. Such signs are permitted only when displaying flashing or intermittent lights, or lights of changing degrees of intensity of color and when such signs do not constitute a traffic hazard. DD. No such sign shall be located on the triangle formed by two (2) curblines at the intersection of two (2) streets and extending for a distance of fifty (50) feet each way from the intersection of the curblines on any corner lot or shall be permitted to exceed a height of more than thirty -six (36) inches above the road level of any street, avenue or alley. EE. No portion of such signs shall extend beyond the property line. FF. Structural components of such signs, including the pole(s) or structure(s) to which said sign is attached, may not exceed twenty -five (25) percent of the width of the sign cabinet. GG. Such signs are limited to eight (8) square feet in agricultural and residentially zoned districts and thirty -two (32) square feet in all other zoning districts. HH. If said banner is in connection with a non - profit, community or neighborhood center, public, church or educational institution, said banners shall adhere to the following restrictions: 1. Such banners shall be limited to a period not exceeding thirty (30) days. 2. Said banners must be permitted by the City Planner and must contain a site plan indicating the location(s) of said banners. II. If said banner is in connection with a commercial or for profit institution, said banners shall adhere to the following restrictions: 1. Said banners must be permitted by the City Planner and must contain a site plan indicating the location of said banner. 2. Said banners must accompany a permanent ground, pole or wall sign. The requested time period for the banner must be, in the opinion of the City Planner, relative to the need. 4. Said banners shall be limited to one (1) banner per location. 5. Said banners must be attached to the primary building and not free standing, when applicable 1845 UNIFIED SIGN PLAN A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location and design of signage on property being developed as a unit. The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of this Code. The intent of the USP section is to provide for some flexibility in the sign criteria of this Code that promotes superior design through architectural integration of the site, buildings and signs. National or international franchises shall be given reasonable consideration with respect to company standard logos and lettering styles that are an integral part of the franchise image and identity. The consideration shall not be without restriction and shall be within the boundaries of sound zoning practice and planning and in harmony with the general purpose and intent of the unified signage plan. All unified sign plans are subject to the following restrictions: (1) All unified sign plans shall include the location, size, height, construction material, color, type of illumination and orientation of all proposed signs. (2) All unified sign plans shall be reviewed by the City of Owasso Planning Commission and shall conform to all conditions imposed by said Commission prior to the issuance of a sign permit. (3) Unified Sign Plans shall include all signage to be located within the perimeters of the subject site whether in excess of the provisions of the current sign code or not. (4) Unified Sign Plans may not propose a total sign square footage exceeding three (3) square feet of signage per every one (1) linear foot of street frontage of the subject property. (5) Unified Sign Plans may not include any prohibited sign. 1850 ADMINISTRATIVE PROVISIONS Except where otherwise provided, the administrative provisions herein described shall govern all signs located within the City of Owasso. 1855 PERMITS REQUIRED (a) No person shall construct, structurally alter, rebuild, enlarge, extend, relocate, attach to or support by a building or structure any sign unless a permit for such sign has been issued by the City of Owasso, or unless such sign is specifically exempted from permit requirements. (b) It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit. (c) If the work authorized under a sign permit has not been completed within ninety (90) days after the date of issuance said permit shall become null and void and there shall be no refund of any fee required by this Code. (d) After a sign has been constructed, the applicant shall notify the Community Development Director or his /her designee, who shall inspect such sign and approve the same if it is in compliance with the provisions of this Code. The Community Development Director or his/her designee may, from time to time as he /she deems necessary, inspect all signs or other advertising structures regulated by this Code, for the purpose of ascertaining whether it is secure or whether it is in need of removal or repair. 1860 PERMIT REVOCABLE (a) All rights and privileges acquired under the provisions of this section, or any amendment thereto, are mere licenses revocable by the Community Development Director or his/her designee for violation of the provisions of this Code. (b) All canopies, ropes, networks, banners, holiday decorations, posts, radio aerials, placed in or projecting over or across any street, avenue, alley, or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this Code. Permission may be granted by the Board of Adjustment to maintain a banner or holiday decoration across a street for a limited period of time upon the following terms and conditions: (1) That the applicant for said banners or holiday decorations be in connection with a non - profit, community or neighborhood center, public building, church building or educational institution and shall contain no advertising. (2) That if the banners or decorations were affixed to private property, it be done so only after the written consent of the property owner is obtained. (3) That said application be granted after the filing of a bond or insurance in a sufficient amount to protect the public and hold the City harmless from all claims and damages of any kind. (c) When any such condition exists as is referred to in (b) above, the Community Development Department may declare such a nuisance and order its removal and abatement. The Community Development Director or his/her designee shall give the owner or occupant of the grounds fronting thereon, or the person causing a nuisance mentioned in (b) above, a written notice that such a nuisance must be removed within forty -eight (48) hours. If such nuisance is not removed or abated within forty -eight (48) hours, the Community Development Director or his/her designee shall cause the same to be removed and abated, and shall report the cost thereof to the City Clerk. The cost of removal or abatement shall be charged against the lot or parcel of ground fronting on such nuisance or the expense may be collected from the person causing such nuisance. 1865 CONSTRUCTION, INSPECTION, AND MAINTENANCE STANDARDS Provisions related to construction requirements shall be as follows: MATERIALS (a) Awnings. Awnings may be constructed of cloth or metal. All frames and supports shall be constructed of metal. (b) Canopy. Canopies must be constructed of fireproof material. (c) Ground Si / Pole Mounted. All ground signs /pole mounted, shall have a surface or facing of noncombustible materials, or material approved by the Community Development Director or his /her designee. Provided, that combustible structural trim may be used thereon. (d) Ground Sign / Surface Mounted. All ground signs /surface mounted, shall be constructed of materials approved by the Community Development Director or his /her designee. (e) Marquees. All marquees, including the anchors, bolts, supports, rods and braces thereof, shall be constructed of noncombustible materials and approved by the Building Inspector. (f) Wall Signs. All wall signs shall have a surface or facing of noncombustible materials. Provided that combustible structural trim may be used thereon. However, the surface or facing and structural trim of a wall sign which is attached to a stone, brick, or masonry wall may be of exterior grade plywood having a thickness of not less than one half (1/2) inch. No plywood sign shall be illuminated or in any manner be operated or serviced by electricity. LETTERS, BRACING, ANCHORAGE AND SUPPORTS (a) Awnings. Every awning shall be securely attached to and supported by the building. (b) Ground Sign / Pole Mounted. All letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This does not exclude the use of standardized, changeable lettering securely mounted on sign forms. All ground signs /pole mounted shall be securely built, constructed and erected upon foundations, posts, standards or supports designed to adequately support the sign. In no case shall this Code be construed as to allow "A- frame" signs. (c) Ground Sign / Surface Mounted. All letters, figures, characters, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. All ground signs /surface mounted shall be securely built, constructed and erected upon foundations, posts, standards, or supports designed to adequately support the sign. In no case shall this Code be construed to allow "A- frame" signs. (d) Marquees. Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support. (e) Wall Signs. All wall signs shall be safely and securely attached to the building wall. MAINTENANCE - All signs affixed or attached to the ground or surface and the premises surrounding the same shall be maintained by the owner or occupant thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds. Furthermore, all signs or other advertising structures governed by this Code, upon inspection by the Community Development Director or his/her designee and upon a finding that a sign is damaged or in need of repair, the Community Development Director or his/her designee may order the repair or removal of said sign. OTHER REQUIREMENTS - All signs governed under this Code shall be designed and constructed according to the City building code. 1870 PERMIT FEES AND PENALTIES PERMIT FEES - Every applicant before being granted a permit hereunder shall pay to the Community Development Director or his /her designee the following permit fee for each sign regulated under this Code. Furthermore, a permit shall not be issued until a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000) and a certificate of employer's liability and worker's compensation insurance in an amount that is in conformity with the statutory requirements of the laws of the State of Oklahoma has been filed with and approved by the City Clerk. A double permit fee shall be charged for failure to make application for a sign permit as required. All fees are exclusive of required electrical and building permit fees. Fees for all signs are included below: TYPE COST Awning $15.00 Banner $15.00 Canopy $15.00 Permanent Signs (Wall Sign, Ground Sign, etc.) $20.00 Unified Sign Plan $750.00 (a) Any application requesting a permit to install a sign with internal or external lighting will be required to purchase an electric permit in addition to the above fee schedule. (b) If a permit is requested for signs in different categories as outlined above, whether for one or more businesses, the full cost for the permit in each category shall be charged unless a unified sign plan is submitted. Penalty Any person, firm or corporation violating any to the provisions of this Code shall upon conviction thereof, be fined a sum not exceeding two hundred dollars ($200.00) or be imprisoned for a period not to exceed thirty (30) days or both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be the responsibility of the Community Development Director or his /her designee to enforce all provisions of this Code. 1875 NON - CONFORMING SIGNS A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non - conforming. Said signs shall remain nonconforming and may continue subject to the following provisions: (1) Temporary signs shall be removed within ninety (90) days of the passage of this Code. Temporary signs include, but are not limited to banners, portable, snipe and mobile signs. (2) Permanent, non - conforming signs may not be moved, altered or enlarged in any way without conforming to the provisions of this Code. (3) Permanent, non - conforming signs that are damaged or partially destroyed by any means to the extent of more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this ordinance. 1880 SIGN VARIANCES. The City of Owasso Board of Adjustment may grant a variance to the requirements of this Code only if the applicant demonstrates compliance with the following criteria: (1) That the variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography, or location of the subject property. (2) That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. (3) That the variance as granted represents the least deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. (4) That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. (5) That the granting of the variance will not be detrimental to the public welfare, will not constitute a public nuisance or adversely affect public safety. (6) That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities. 1885 VALIDITY If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. CHAPTER 19 OUTDOOR LIGHTING 1905 Purpose. 1910 Promulgation of Rules and Regulations. 1915 Definitions. 1920 Light Measurement Technique. 1925 General Standards for Outdoor Lighting. 1930 Parking Lot Lighting. 1935 Outdoor Sports Field /Outdoor Performance Area Lighting. 1940 Sign Lighting. 1945 Lighting for Commercial Buildings and Landscaping. 1950 Site Plans. 1955 Search Lights. 1960 Nonconformities. 1905 PURPOSE Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort; and maximum light levels so as not to create or cause glare onto nearby properties and public street rights of way; and to minimize uplight. 1910 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of Chapter 19 to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 1915 DEFINITIONS Cutoff Fixture — An outdoor light fixture shielded or constructed in such a manner that no more than two and one half (2.5) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Flood Lamp — A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Flood Light — A form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Footcandle (FC) — A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot. Full Cutoff Fixture — An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Glare — The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability. Light Source — The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture. Lumen — A quantitative unit measuring the amount of light emitted by a light source. Maintained Footcandles — Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build -up and lamp output depreciation. Outdoor Sports Field — An area designed for active recreation, whether publicly or privately owned, including but not limited to baseball /softball diamonds, soccer fields, football fields, golf courses and ranges, tennis courts, racetracks, and swimming pools. Outdoor Performance Area — An area permanently dedicated to the public presentation of music, dance, theater, media arts, storytelling, oratory, or other performing arts, whether publicly or privately owned, including but not limited to amphitheaters and similar open or semi - enclosed structures. Right -of -way — An interest in land controlled by the City that provides for the perpetual right and privilege of the City, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights -of -way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, stormwater drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in upon, over, below, and across the rights -of -way. Semi - Cutoff Fixture — An outdoor light fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. Spillover Light — The light that can be measured on a property, when that same light is generated from another property. Uplight — Light that shines upward, above the horizontal plane, such as might be generated from a searchlight or spotlight. Wall Pack — A type of light fixture typically flush - mounted on a vertical wall surface. 1920 LIGHT MEASUREMENT TECHNIQUE Light level measurements shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right -of- way that adjoins the property. Measurements shall be made at finished grade (ground level), with the light- registering portion of the meter held parallel to the ground pointing up. Light levels are specified, calculated and measured in footcandles (FC). 1925 GENERAL STANDARDS FOR OUTDOOR LIGHTING 1. All Zoning Districts Except Residential and Agricultural 1) Unless otherwise specified in the following subsections, the maximum light level shall be 0.5 maintained footcandles at any property line adjacent to a single - family residential property, and 2.0 maintained footcandles at any public, non - arterial street right -of -way, unless otherwise approved by the Planning Commission. During hours of operation, a minimum of 1.0 footcandles shall be maintained in parking lots. 2) Unless shielded, all flood lights shall be installed such that the fixture shall be aimed down at least forty -five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. Flood lights and display lights shall be positioned such that any such fixture located within fifty feet (50') of a public street right -of -way is mounted and aimed perpendicular to the right -of -way, with a side -to -side horizontal aiming tolerance not to exceed fifteen (15) degrees from perpendicular to the right -of -way (see Exhibit 1). Exhibit 1. 3) All wall fixtures, including wall packs, shall be cutoff fixtures. 4) Service connections for all freestanding fixtures shall be installed underground. The applicability of this provision may be reviewed on an individual basis for developments with structures totaling less than 4,000 square feet of floor area. 5) All light fixtures installed by public agencies, their agents, or contractors for the purpose of illuminating public streets shall use the current standards provided by the IES or AASHTO for road lighting, and are otherwise exempt from these regulations. 6) No wood poles may be used for any freestanding fixtures. The applicability of this provision may be reviewed on an individual basis for developments with structures totaling less than 4,000 square feet of gross floor area. 2. RM Zoning Districts 1) Unless otherwise specified in the following subsections, the maximum light level shall be 0.5 maintained footcandle at any property line adjacent to a single - family district, , and 2.0 maintained footcandles at any public, non - arterial street right -of- way, unless otherwise approved by the Planning Commission. A minimum of 0.7 footcandles shall be maintained in parking lots in RM districts. 2) Unless fully shielded, all flood lights shall be installed such that the fixture shall be aimed down at least forty -five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. Flood lights and display lights shall be positioned such that any such fixture located within fifty feet (50') of a public street right -of -way is mounted and aimed perpendicular to the right -of -way, with a side -to -side horizontal aiming tolerance not to exceed fifteen (15) degrees from perpendicular to the right -of -way. Nothing in this section shall be construed so as to allow any fixture that cause excessive glare to be visible from any right -of -way (see Exhibit 1). 3) All wall fixtures, including wall packs, shall be cutoff fixtures. 4) Service connections for all freestanding fixtures in non - single- family areas shall be installed underground. The applicability of this provision may be reviewed on an individual basis. 5) All light fixtures installed by public agencies, their agents, or contractors for the purpose of illuminating public streets shall use the standard provided by the IES for road lighting, and are otherwise exempt from these regulations. 6) No wood poles may be used for any freestanding fixtures. The applicability of this provision may be reviewed on an individual basis. 3. Agricultural and Other Residential Districts The provisions of Section D of these regulations do not apply to properties located within AG, RE, RS, RD, and RTH zoning districts. 1930 PARKING LOT LIGHTING 1) Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be cutoff fixtures, or comply with subsection (3) below, and shall be subject to the requirements of Section D. 2) The mounting height of all parking lot lighting shall not exceed thirty (30) feet above finished grade. The applicability of this provision may be reviewed on an individual basis. 3) All non - cutoff fixture open- bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uplight. 4) All parking lot lighting requirements listed in Section 2050 may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. 1935 OUTDOOR SPORTS FIELD /OUTDOOR PERFORMANCE AREA LIGHTING The hours of operation for the lighting system for any game or event shall not exceed two hours after the end of the event. 1940 SIGN LIGHTING Lighting fixtures illuminating signs shall be aimed and shielded so that direct illumination is focused exclusively on the sign. The lighting of any signs must also comply with the Owasso Sign Ordinance. 1945 LIGHTING OF COMMERCIAL BUILDINGS AND LANDSCAPING Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building fagade, plantings, and other intended site features and away from adjoining properties and the public street right -of -way. Ornamental and decorative accent lighting fixtures will be considered on an individual basis. 1950 SITE PLANS The applicant for any site plan approval required for work involving outdoor lighting shall submit documentation at time of site plan submission that the proposed lighting plan complies with the provisions of this Code. The site plan must include a point -by -point footcandle array in a printout format indicating the location and aiming of illuminating devices. The printout shall indicate compliance with the maximum maintained footcandles required by this Code. The Community Development Director or his /her designee may require a photometric plan for the development, that shall contain, but not be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in this Code: Description of the illuminating devices, fixtures, lamps, supports, reflectors, poles, raised foundations and other devices (including but not limited to manufacturers or electric utility catalog specification sheets and /or drawings, and photometric report indicating fixture classification [cutoff fixture, wall pack, flood light, etc.]). 1955 SEARCHLIGHTS Searchlights shall require a separate permit. If granted, such permit shall not be valid for duration longer than 48 hours on a specific property, and such permit shall not be granted more than two times in one year. Searchlights shall not be permitted inside residential areas. 1960 NONCONFORMITIE5 Any lights existing prior to the adoption of this ordinance are considered legal and non- conforming. Any new outside light fixtures placed upon properties within Owasso must meet the requirements of this ordinance. CHAPTER 20 . LANDSCAPING REQUIREMENTS 2005 Introduction and Intent. 2010 Promulgation of Rules and Regulations. 2015 Purpose. 2020 Definitions 2025 General Landscaping Requirements 2030 Commercial, Industrial, Office, and Multi- Family Landscaping Requirements 2035 Single - Family Landscaping Requirements 2040 Tree Preservation and Protection 2045 Care of Trees on Public Land 2050 Landscape Plan 2055 Nonconformities 2060 Variances 2065 Rules and Regulations 2005 INTRODUCTION AND INTENT These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. 2010 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of Chapter 20 to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 2015 PURPOSE The objective of this Ordinance is to establish procedures and practices governing the protection, installation, and long -term maintenance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso and provide for the promulgation of rules necessary to achieve the intent of this ordinance. The City's purpose is as follows: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of Rules and Regulations to implement and ensure continuation of the intent of the ordinance. 2020 DEFINITIONS ARTERIAL STREET — A street designated as an arterial in the City of Owasso Master Plan. CALIPER — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die within three years. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86th Street North to the north, 5th Avenue to the south, and Atlanta Street to the west. GROUND COVER — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plat materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE BUFFER — Landscape area required to be provided adjacent to an existing single - family district in multi - family and non - residential areas. LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or highway in multi - family and non - residential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. 2025 GENERAL LANDSCAPING REQUIREMENTS These standards shall apply to all areas where landscaping is required by this ordinance. 1. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and /or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his /her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. 2030 COMMERCIAL, INDUSTRIAL, OFFICE AND MULTI - FAMILY LANDSCAPING REQUIREMENTS These standards shall apply to all commercial, industrial, office, and multi - family zoning districts. Landscaping along street right -of -way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree up to a point equaling 50% of the required number of trees. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree up to a point equaling 50% of the required number of trees. No specific width of landscaped edge shall be required for developments in the downtown. The downtown area is bounded by East 86th Street North, the Owasso Expressway, 5th Avenue, and Carlsbad. Landscaping as a buffer between landscaping- required developments and existing single - family developments: For all new commercial, industrial, office and multi - family developments, a landscaped buffer shall be provided adjacent to all existing single- family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. 2035 SINGLE - FAMILY LANDSCAPING REQUIREMENTS A landscape plan is required for the arterial entrance(s) to a single - family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association shall be required to provide perpetual maintenance of the landscaped area. ,. 2040 TREE PRESERVATION AND PROTECTION The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees — Replacement trees will be required when any tree that was shown on a landscape plan is removed or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. 2045 CARE OF TREES ON PUBLIC LAND The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. 2050 LANDSCAPE PLAN Landscape plans shall be reviewed and approved by the Planning Commission as a part of the site plan review of all proposed developments. Upon completing their review, the Planning Commission shall: Approve the landscape plan as complying with the requirements of this ordinance, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of this ordinance, or 3. Reject the landscape plan as failing to comply with the requirements of this ordinance. The required landscape plan shall contain the following: 1. The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 5. Planting details and /or specifications. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. 2055 NONCONFORMITIES Any landscaped or non - landscaped developments existing prior to the adoption of this ordinance are considered legal and non - conforming. Any new developments placed upon properties within Owasso subsequent to the passage of this ordinance must meet the requirements of this ordinance. 2060 VARIANCES The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordinance will result in unnecessary hardship. 2065 RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the ordinance to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. CHAPTER 21 ACCESS GATES FOR GATED COMMUNITIES 2105 Gates on Private Streets. 2110 Distance between Gates and Public Streets 2115 Prohibition of Tire Damaging Devices 2120 Validity of Other Ordinances 2125 Establishment of Homeowners Association 2130 Gate Width 2135 Backup System 2140 Emergency Release 2145 Access System 2150 Design Standards for Streets 2155 Gates to Remain Open in Event of Failure 2160 Minimum Height and Width 2165 Access and Easements Required 2170 Inspections and Maintenance Required 2105 GATES ON PRIVATE STREETS Gated access will only be considered and allowed for private streets in approved Planned Unit Developments, apartment projects, or other subdivision plats approved by the City Council. Only local streets that would not otherwise provide access to other neighborhoods will be considered eligible for gates. No collector roads that would connect one arterial to another arterial will be considered eligible for gates. All plats submitted with private streets and gated access shall require the approval of the Planning Commission and the City Council. The City of Owasso, prior to the issuance of any building permits, shall approve streets and grading plans for the subdivision, and those plans shall show the locations and details of all gates. 2110 DISTANCE BETWEEN GATES AND PUBLIC STREETS Any gate shall be located a sufficient distance from a public street to allow two (2) cars to line up at the gate so as to completely clear the right -of -way of the abutting public street without interfering with vehicles utilizing the public street; the minimum acceptable distance from the gate to the public street right -of -way shall be no less than forty (40) feet. A turn around lane shall be provided for vehicles unable to enter the gated development. 2115 PROHIBITION OF TIRE DAMAGING DEVICES Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on gates shall also be prohibited. 2120 VALIDITY OF OTHER ORDINANCES Use of controlled access does not negate other City of Owasso ordinances. 2125 ESTABLISHMENT OF HOMEOWNERS ASSOCIATION A Homeowners' Association or a similar entity shall be established and the name, addresses and emergency contact numbers provided to the Fire Department. The Homeowners' Association shall be responsible for the following: (a) Maintenance and repairs of the private streets and /or fire lanes, and to provide the funds for such. (b) Maintenance testing and repairs of all functions of the gate. (c) Accompanying the Fire Department officers during annual inspection and testing of the opening systems. (d) Maintaining a service agreement with a qualified contractor to insure year round maintenance. 2130 GATE WIDTH The minimum gate opening width, including clearance for all improvements related to the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and an egress gates. 2135 BACK -UP SYSTEM A battery back -up system shall be provided for each gate. These batteries will be trickle charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open until reset by the Homeowners' Association. An emergency release or hitch pin shall be installed on the control arm. 2140 EMERGENCY RELEASE This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention. An emergency release shall be installed on the gate. This emergency release, when removed, will detach the gate from the opening device and allow the gate to swing or slide open freely with manual intervention. 2145 ACCESS SYSTEM The gate shall be equipped with a "Click2Enter, Inc. public safety access system, which utilizes the existing emergency service radios for rapid entry. 2150 DESIGN STANDARDS FOR STREETS All streets within the development shall otherwise meet the requirements of the Comprehensive Plan, Subdivision Regulations, and the design standards of the City of Owasso. 2155 GATES TO REMAIN OPEN IN EVENT OF FAILURE Should any problem occur in the operation of the gate or any violation of any section of this ordinance, the gate shall remain open and accessible until the problem is resolved and /or the gate is repaired and tested. 2160 MINIMUM HEIGHT AND WIDTH When a covered entry structure is requested, the minimum height shall be no less than sixteen (16) feet. The width shall be no less than twenty (20) feet. 2165 ACCESS AND EASEMENTS REQUIRED Any developer, Homeowners' Association, or other responsible property owners proposing any gated community must provide the City of Owasso (including Fire, Police, Public Works, and Community Development) access assurance prior to installation of any approved gate. The access shall be provided by an easement to be dedicated to the City of Owasso in the deed of dedication of the plat for utilities and essential City services in the streets and common areas as designated on the subdivision plat. 2170 INSPECTIONS AND MAINTENANCE REQUIRED The developer, Homeowners' Association, or other responsible property owners shall provide for annual inspection of each gate to insure that each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The verification of the access agreement and a copy of the latest inspection form will be kept on file with the City of Owasso City Clerk including the contractor's name, address, and 24- hour -a -day telephone number(s). The developer, homeowner's representative, or responsible property owner's name, address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate.