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HomeMy WebLinkAbout2018.04.10_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, April 10, 2018 - 6:00 pm 1. Call to Order Mayor /Chair Lyndell Dunn 2. Discussion relating to a bid review- Redbud Festival Park (109 N Main Street) Larry Langford /GH2 3. Discussion relating to Community Development items Bronce Stephenson EO �pR O��6e G�eCKe Oki A. Rezoning (OZ- 18 -02) - Church of the Holy Cross (9309 N 129 E Ave) B. Re -plat for a portion of Garrett Creek Commercial Center Phase 11 (south of E 116 St N and west of HWY 169) C. Proposed Zoning Code (Chapters 12 - Appendix B) 4. Discussion relating to the E -911 Interlocal Agreement, Third Amendment Larry White S. Discussion relating to rates and fees - Parks, Police Records, Cemetery, and Old Central Sherry Bishop 6. Discussion relating to the evaluation process and employment contracts for the City Manager and City Attorney Michele Dempster 7. Discussion relating to City Manager items Warren Lehr • Proposed Sales Tax Revenue Note for Capital Improvement Project funding • FY 2018 -19 Annual Budget Timeline • City Clerk & Deputy City Clerk Appointments • Sokolosky Land Donation (near E 76 St N and Atlanta Street) • Monthly sales tax report • City Manager report 8. City Councilor /Trustee comments and inquiries 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the 200 S Main St, at 6:00 pm on Friday, April 6, 2018. Al. _ , Bishop, at City Hall, The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@cit,lofowasso.com 0'�L'--pl...... C'... ar •REA Community TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Redbud Festival Park Construction Bid Award DATE: April 6, 2018 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved Resolution 2015 -08 recommending identified projects for these funds. A portion of these funds were designated to construct a festival park. When researching potential locations, property available for purchase, city- owned land, and existing park locations were all considered. After evaluating cost and desired acreage, the land immediately south of the Police Station (109 N Main Street) was determined to be cost effective and desirable in size. On April 1, 2016, City Council approved a professional service agreement with GH2 of Tulsa, Oklahoma, for the Redbud Festival Park project. The scope of work included a conceptual draft, final designs of architectural and civil engineering, construction documents, bidding assistance, and project administration. BID PROCESS: Advertisements for prequalification of contractors were published on February 8 and 15, 2018, with thirteen (13) responses received. Prequalification submittals were reviewed and evaluated with seven (7) firms meeting published requirements. On March 5, 2018, pre - qualified contractors were notified and invited to submit bids for the construction of the festival park to include a base bid with seven alternates: Alternate #I Water feature including LED light in and architectural pavement Alternate #2 Stage structure including electrical Alternate #3 Birch Street parking lot Alternate #4 Public alley with food truck parking Alternate #5 Security fencing and evergreen screen Alternate #6 Redbud District logos Alternate #7 Site lighting A mandatory pre -bid meeting was held at Old Central on Thursday, March 15, 2018 and bids were opened publicly on Thursday, March 29, 2019 at 11:00 am with four (4) bids received. BID ANALYSIS: The submitted bid packages were examined for any improper or unbalanced bids and none were discovered. The lowest bid (including alternates) was from Builder's Unlimited, Inc. in the amount of $2,260,741 and met all specifications. Working with a project budget of $2,500,000, construction costs were projected to exceed the project budget; therefore, the scope of the base bid was adjusted through the use of "Add Alternates" to more closely align with the budget. Optional Add Alternates also provides more flexibility for the award of bids. The most recent construction cost estimates provided by GH2 included $2,303,499.90 for the base project, and $937,235 for the seven Alternates (combined), for a total of $3,240,734.90. This amount does not include design and engineering fees or project contingency. A breakdown of the Builder's Unlimited bid and the GH2 estimate is as follows: Builder's Unlimited Bid Base Bid $1,620,221 Alternate #1: Water Feature $196,058 Alternate #2: Stage $191,862 Alternate #3: Birch St. Parking Lot $25,200 Public Alley /Food Truck Alternate #4: Parking $35,000 Alternate #5: Security Fencing /Screening $112,100 Alternate #6: Redbud District Logos $9,800 Alternate #7: Site Lighting $70,500 Total $2,260,741 FUNDING: GH2 Estimate $2,303,500 $230,250 $300,000 $27,130 $29,855 $245,000 $5,000 $100,000 $3,240,735 Funding for the construction of Redbud Festival Park includes excess Vision 2025 Funds and the Capital Improvements Fund. Additionally, street rehabilitation funds will be used to cover the costs associated with improving the alleyway on the south side of the property. PROPOSED ACTION: Staff intends to place an action item on the April 17, 2018 Council meeting agenda. ATTACHMENT: Bid tabulation sheet GH2 ARCHITECTS Design. Service. Solutions. Tabulation of Bids Bids Received March 29, 2018 Prequalified Bidders not bidding the project: LD Kerns Contractors, Inc. and Timberlake Construction Co., Inc. Description Builders Unlimited, Inc. Magnum Manhattan Construction Nabholz Construction Construction, Inc. Company Corporation 4677 S. 83rd E. Ave. PO Box 707 5601 S. 122nd E. Ave. 10319 E. 54th St. Tulsa, OK 74145 BA, OK 74013 Tulsa, OK 74146 Tulsa, OK 74146 918.835.1138 918.251.8667 918.583.6900 918.632,7200 buitulsa tulsacoxmail.com bids $ me numconstruction.c 1,695,000.00 eandersonrcDmanhattanconst $ r 1,795,000.00 an.oneil nabholz.com TOTAL BASE BID $ 1,620,221.00 $ 2,050,000.00 ADD ALTERNATES Add Alternate 1: Water Feature 1.1 Water Feature System $ 119,395.00 $ 150,000.00 $ 248,000.00 $ 244,000.00 1.2 Water Feature LED Lighting $ 36,713.00 $ 36,000.00 $ 23,000.00 $ 38,000.00 1.3 Water Feature Architectural Pavement $ 39,950.00 $ 70,000.00 $ 36,000.00 $ 42,000.00 Subtotal Add Alternate 1 $ 196,058.00 $ 256,000.00 $ 307,000.00 $ 324,000.00 Add Alternate 2: Stage 2.1 Stage Structure $ 133,850.00 $ 169,000.00 $ 141,000.00 $ 195,000.00 2.2 Stage Electrical $ 58,012.00 $ 54,000.00 $ 55,000.00 $ 7,000.00 Subtotal Add Alternate 2 $ 191,862.00 $ 223,000.00 $ 196,000.00 $ 202,000.00 Add Alternate 3: Parking Lot at Birch Street $ 25,200.00 $ 28,000.00 $ 40,000.00 $ 41,000.00 Subtotal Add Alternate 3 $ 25,200.00 $ 28,000.00 $ 40,000.00 $ 41,000.00 Add Alternate 4: Public Alley and Food Truck Parking $ 35,000.00 $ 49,500.00 $ 47,000.00 $ 41,000.00 Subtotal Add Alternate 4 $ 35,000.00 $ 49,500.00 $ 47,000.00 $ 41,000.00 Add Alternate 5: Security Fence and Evergreen Screen 5.1 Security Fence, S Height $ 91,500.00 $ 90,000.00 $ 79,000.00 $ 93,500.00 5.2 Security Fence, 6' Height $ 17,000.00 $ 23,500.00 $ 15,000.00 $ 16,000.00 5.3 Evergreen Shrubs at Security Fence $ 3,600.00 $ 8,500.00 $ 11,000.00 $ 9,000.00 Subtotal Add Alternate 5 $ 112,100.00 $ 122,000.00 $ 105,000.00 $ 118,600.00 Add Alternate 6: Redbud District Logos $ 9,800.00 $ 10,000.00 $ 9,000.00 $ 12,000.00 Subtotal Add Alternate 6 $ 91800.00 $ 10,000.00 $ 91000.00 $ 12,000.00 Add Alternate 7: Site Lighting $ 70,500.00 $ 75,000.00 $ 48,000.00 $ 42,500.00 Subtotal Add Alternate 7 $ 70,500.00 $ 75,000.00 $ 48,000.00 $ 42,500.00 TOTAL ADD ALTERNATES 1 -7 $ 640,520.00 $ 763,500.00 $ 752,000.00 $ 781,000.00 TOTAL BASE BID PLUS ADD ALTERNATES $ 1.7 2,260,741.00 $ 2,458,500.00 $ 2,547,000.00 $ 2,831,000.00 UNIT PRICING Unit Price Number One (1): Asphalt Pavement $ 11.75 $ 11.50 $ 9.20 $ 31.00 Unit Price Number Two (2): Drive Concrete $ 14.00 $ 15.00 $ 15.25 $ 56.00 Pavement Unit Price Number Three (3): 6" Combined Curb $ 28.00 $ 28.00 $ 27.00 $ 53.00 and Gutter Unit Price Number Four (4): 6" Sidewalk Plain $ 7.00 $ 10.00 $ 14.20 $ 35.00 Concrete Pavement Unit Price Number Five (5): Sod, U3 Bermuda $ 0.43 $ 0.50 $ 0.70 $ 11.00 Bid Form Bid Bond Non - Collusion Bid Affidavit Certificate of Non - Discrimination Agreement Performance Bond na Maintence Bond Statuto ry Payment Bond REAL P.W. REAL Character • REAL Commenity TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Rezoning (OZ 18 -02) - 9309 N 129th E Ave DATE: April 6, 2018 BACKGROUND: The Community Development Department received a request for a rezoning of property located at 9309 N 1291h E Ave, which is the location of the Church of the Holy Cross. The property is approximately 3.88 acres in size and is currently zoned AG (Agriculture). The applicant is requesting a rezoning to OM (Office Medium). SURROUNDING LAND USE: Direction I Zoning Use Land Use Plan Jurisdiction North OM (Office Medium) Place of Worship Transitional City of Within PUD? No Within Overlay District? No Owasso South RS -2 (Residential Single- Residential Residential City of Family Medium Density) Owasso East RS -2 (Residential Single- Residential Residentil a City of Family Medium Density) Owasso RS -2 (Residential Single- West Family Medium Density) & Place of Worship Transitional City of RD (Residential Duplex) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 3.88 acres +/- Current Zoning AG (Agriculture) Proposed Use Place of Worship Lots /Blocks 1 Lot, 1 Block Land Use Plan Transitional Within PUD? No Within Overlay District? No ANALYSIS: The applicant is requesting the subject property be rezoned from AG (Agriculture) to OM (Office Medium). The property has been the home of the Church of the Holy Cross for many years. The primary reasoning behind the rezoning request is to bring the subject property into compliance with the Owasso Zoning Code and permit the applicant to place appropriate signage on their arterial frontage on N 129th E Ave. The current zoning of AG limits the applicant as to what type of sign may be placed on the property, while a zoning of OM would allow more sign options. The applicant would still be required to go through the sign approval process with the Community Development Department. No other significant changes to the property and its current use are expected. The property to the north of the subject property is zoned OM and is home to Owasso First Assembly of God. The GrOwasso 2030 Land Use Master Plan calls for Transitional uses on the property, and OM is an appropriate zoning in areas that are designated as Transitional. The City of Owasso would continue to provide Police, Fire, EMS, sanitary sewer, and water service to the property. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Planning Commission will consider this item at their meeting on April 9, 2018. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map C I�'''"!r ±SJ��7Y� n .r.r p• •- �T r- rrp °�,.+ � i7 �'^uv � j -j ,r. IPI VI'. i�y� 'I _..`Y 43�:.f..�U7... w:�.l �i -�L�li I4:T7YMI1�N�i +,11 '10A1.•A �.� .. -X'. S ,� v.� -� 7W .'w - urav uv -MW St N Aerial Photo" OZ 18 -02 r Holy Cross q � F �^1 0 .p \ .:..._..y�...!.t...r�1r.W.I.. 4'r�. It. >A I t\ l 1h \. Oil f ._ = =.I r 7L� �:..iu'�- Jr r�i ';����7•'� -�� I F \f P'`P 4i��ii1Y�\ \� \,\ tj .ft SUBJECT PROPERTY Th(' JLsLj3 I irisi US 00wassi (AVASSO %SSF%IIII 1-01 COD LU C4 P%RK I IZoning Map INDSOR-I.Wrl : 11 IA I IIARK-11 It, ,r xi cr r E IFN' �O WOIIVATS91 IV E.,pt e I) Japaric"'Ll laj 0*%,N s �-leakhou,,Q arid Su��-N el CITY-CENTFip Sure Bank of Oklal orna D s Pub & Grill 0�,ljasso, jr J HOME DEPOT I YAN N 1 7e Home Depot I'LINZA r i Th(' JLsLj3 I irisi US 00wassi (AVASSO %SSF%IIII 1-01 COD LU C4 P%RK I IZoning Map INDSOR-I.Wrl : 11 IA I IIARK-11 � i f resswaY N o Owass Exp l t 1.. d a W Subject Property o. N Z l GrOwasso 2030 Land Use Master Plan OZ 18 -02 0W ASS 0 ASSEM111 v -01' ('.C)I) (:I ILIRCH OLrTHE- 0IN CROSS EPISCOPAL. LEGEND Land Use Categories - Commercial - IndustrialfRegional Employment I Neighborhood Mixed Use (Light Office. Commercial Shopping, Attached Housing. SF Housing, Apartments above retail) Parks/Recreation _ PublidinstitutionaVOuasi Public Residential (Single family detached housing) _ – Transitional (Attached housing, duplexes, offices) ® US-169 Pveday District ® - Glenrf-MurAddition Special District 'Downtown Development District K'INI)SOR- l.V�l' 100yr Floodplain %nned TfalllOn- Street Bikeroutel '•— Complete Street Existing trail CITY CIiJV I RR Fire Station Existing Public School Future Public School f Civilian Airship IJ Future Park and Ride/Transit Stop © hospital Q Public Park a Golf Course ttt cemetery IF i R I xO .NIE DEPOT AIK l 1.. d a W Subject Property o. N Z l GrOwasso 2030 Land Use Master Plan OZ 18 -02 0W ASS 0 ASSEM111 v -01' ('.C)I) (:I ILIRCH OLrTHE- 0IN CROSS EPISCOPAL. LEGEND Land Use Categories - Commercial - IndustrialfRegional Employment I Neighborhood Mixed Use (Light Office. Commercial Shopping, Attached Housing. SF Housing, Apartments above retail) Parks/Recreation _ PublidinstitutionaVOuasi Public Residential (Single family detached housing) _ – Transitional (Attached housing, duplexes, offices) ® US-169 Pveday District ® - Glenrf-MurAddition Special District 'Downtown Development District K'INI)SOR- l.V�l' 100yr Floodplain %nned TfalllOn- Street Bikeroutel '•— Complete Street Existing trail A Fire Station Existing Public School Future Public School f Civilian Airship B Future Park and Ride/Transit Stop © hospital Q Public Park a Golf Course ttt cemetery REAL People • REAL C1.. 1 •REAL Community TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Replat Garret Creek Commercial Center Phase II DATE: April 6, 2018 BACKGROUND: The City of Owasso received an application for review and approval of a Replat of the Final Plat for commercial property identified as Lot 2, Block 1, Garrett Creek Center Phase II. Specifically, the Replat proposes the creation of two (2) additional lots on Lot 2 Block 1 of the original Garrett Creek Center Phase II Final Plat. The subject property is located just south of the existing Garrett Creek Commercial development. SURROUNDING ZONING: Direction Zoning Use Lot 1 - 1.52 acres Lot 2 - 1.24 acres Lot 3 - 15.88 acres Jurisdiction North CS (Commercial Shopping) Commer cial Current Lots /Blocks City of Owasso South CS (Commercial Shopping) Undeveloped "UsePlan City of Owasso East CS (Commercial Shopping) Highway Applicable Paybocks /Fees City of Owasso West RS -3 (Residential Single- Family High Density) Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 18.64 acres Size of Proposed Lots Lot 1 - 1.52 acres Lot 2 - 1.24 acres Lot 3 - 15.88 acres Current Zoning CS (Commercial Shopping) Proposed Use Commercial /Office Current Lots /Blocks 1 Lot, 1 Block Proposed Lots /Blocks 3 Lots, 1 Block Within PUD? , PUD 02 -02 Within Overlay District? US -169 Overlay District Water Provider: Washington County Rural Water District #3 Applicable Paybocks /Fees Ranch Creek Sanitary Sewer Payback $610.33 per acre APPROVAL PROCESS: A Replat is essentially a redo of an existing platted subdivision or portion thereof. The Replat follows a similar process as a normal subdivision plat, in that it is a legal document that describes a parcel of land by bearing and distances, locates and defines easements, and dedicates the necessary rights -of -way for streets and easements for utilities. A Replat is required to meet City of Owasso Subdivision Standards and is reviewed by the Technical Advisory Committee (TAC). In most cases, a Replat is adding additional lots or consolidating lots in an existing platted parcel for the purposes of selling individual lots, as opposed to a large strip shopping center where spaces are leased. ANALYSIS: The Final Plat of Garrett Creek Center Phase II was approved in 2006, of which Lot 1 was developed but Lots 2 and 3 remain undeveloped. This Replat application involves Lot 2 of the original Garrett Creek Center, and the request is for two (2) additional lots to be created within Lot 2. In addition to the two (2) new lots, there are three (3) new Mutual Access Easements (MAE's) proposed. One MAE is located along N 1351„ E Ave, adjacent to the newly proposed Lot 2. Another MAE is located along the rear lot lines of Lots 1 and 2, connecting where the south entrance into the current Reasor's Grocery Store is located. The third MAE would be recorded by separate instrument on the adjoining property to the south of the subject replat lot. Additionally, the Replat includes language that allows cross - access with all internal lot lines on this property. The MAEs and cross - access agreements together would allow internal lot -to -lot connection and would reduce the need for additional curb cuts along N 1351h E Ave. During the review of this application, Staff noticed that there are no limits of access (LOA) or limits of no access (LNA) on the original Final Plat. The proposed Replat identifies four (4) access points (LOAs) along N 1351h E Ave. Each of the proposed access points is in excess of one hundred -fifty (150) feet in separation, which meets the standard for driveway spacing for a 35 mile per hour roadway. Additionally, given that this would become a single frontage commercial development, alignment with any driveways that may occur across the street is essentially a non - issue. Perimeter utility easements are identified that would provide access for needed utility connections upon development of the property. There is also a ten (10) and fifteen (15) foot utility easement shown to allow for utility service for Lots 1 and 2. Future development of the subject property must adhere to all Owasso Subdivision, Zoning, and Engineering Standards. This property falls within the US -169 Overlay District, and therefore all development shall be designed to meet the requirements of that Overlay District. Washington County Rural Water District #3 provides water service to the subject property, while the City of Owasso provides sanitary sewer, Police, Fire, and EMS service. PLANNING COMMISSION: The Planning Commission will consider this item at their meeting on April 9, 2018. ATTACHMENTS: Aerial Map Replat of Lot 2, Block 1 of Garrett Creek Commercial Center Original Garrett Creek Center Plat C 116th S,N N 3 M D m Z N n D Loau -1 E11�1thStN Garrett Creek Center Phase II, Re -Plat i i aril Si iV z N Ell 6tl r. A .Ni 1" = 752 ft Re -Plat 03/19/2018 This map may represents a visual dinplay of related geographic information. Data provided hereon Is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to -date Information. .x «•.�nwlNn�..ww�.. w��aa�o uariavur gM�rion eiriwr..•a•,•,,.. rr ..�wwxq.e ry wrr �wwx..0 smam.�J -ix. _ LEGAL DESCRIPTION LAND SURVEYOR'S CERTIFICATE crery Wk..oM1n.. i...µaxsF rmM64P'�uw%vce mei.. ...�i.y°..w.m.r...,wmvaasrx0.+�• eamrm'N•+ 4- a.reanr.uesww.w[awuns.n. n.m�e. r.rrre .w�.rr�i. wero.rmrtnr:�....w�w. =w�w am•n��awrv�... THE RE -PLAT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE II APART OF THE NW /4 OF SECTION 9, T21 N, R14E, I.M. OWASSO, TULSA COUNTY, OKLAHOMA ZONING: COMMERCIAL SHOPPING (CS) (PUD -0202) L�iKM� 1 0 rn F. d BONDED hBSTRACTOR'S CERTIFICATE COUNTY TREASUR ER S CERTIFICATE wwMws�unyruJire.q.drv..eu. ^•+rl ruy...wugwm+••�b•�...sr.. u..•+ti 0. �« rme +^'• On e� wwn ouuraW rtn+.. u r.eM..w.+r....M + m +M1 a. [«.aewiw[inaimvwo.uwiOW rv�� CERTIFICATE OF CITY CLERK wa��ry NOTESL ,rerun ®cuan� �o e armmuswe� errvsa V _ .. �uarw� annslrxr ' a mI' 1 THE RE -PLAT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE II APART OF THE NW14 OF SECTION 9, T21 N, R14E, I.M. OWASSO, TULSA COUNTY, OKLAHOMA ZONING: COMMERCIAL SHOPPING (CS) (PUD -0202) iu w..�vx Y \ \' \ sF \ \ � G/.�eCEA'6Vlf�flkk'P @, w cmaun:ua \ o \ 40 eyNlda.. 3 \' / Itc Y L i ' 13 wal w CURVETABLE FOOD PWN DESIGNPtO .. f Si �� /p\ eiIOOD swx,xoFix �m nF, Oolwx. ) {p!u `.rwqu vo-�rn s&i F4[N(v�RODD Wi[M1P,NW<OYNttEDF I�plo OFp MIIOMFAp MV NO.F01i1[OIIO[ D FYGVSi l.lPo9 F` i ' 13 wal w CURVETABLE D J D a.. „ MPR, K.-SOIL I�IAWA9.P9w�s�i®.JwA ®IA�AIW R 14 E FINAL PLAT E IMN STREET NORTH IN °! AR ® G RETT CREEK CENTER PHASE II — s °'� -xWr OR RR-14 E 9 - �'µ - i _ L[ F < T A TRACT AT LAND vur I5 PART OF PRE M£sr HALT OK O) w SCCTR, 9. mmISXIP n Noah, RAMC[ R EAST Br mE I. s , ory UP oMASio ESA CUI mIANONA; s U, 21 - .tW A TRACI OF LAND TRAT Is IANT I A RESUBOINS11 G' PMr OF Lms a. IS. 11. IS. x9, IS SCALE I- ° 100• D ]I ML E FALLS AT .11111 CFEER, AN AOBIIIOA r0 P6 CITY OT OWASSO n� OI 1.} �'n N NLSA SO, ACS UP,: OvNCR flIGILSON CWNTY. OKLAHOMA ou yuwpl9 W...I, GeWA C.'A,ms°E OeA°e°. iw9 tr A, UNTO,.. Ma R ST I, 2006 Cnnpo�Y. LLC \ °` No. FIT, OLD - E. '� I °' LOCA110N MAP LOCATION ION AP FLOOD PLAIN DESIGNATION ` " "'I' c`'° P 15 eI nJ s•u' : I -x[C THE Yfl ROM W n 1L x 99fiq' E BisUE. SUFVEY i0t.22 DOOR ODES xor . y1M1N TIE EW xF,tq i 1 . R ! iiCW TWH. XtlI ME IW KM R0.0 PL.VN. �. P.O.S..1 SUBDIVISION CONTAINS 1- BLOCK, 3 -LOTS H 59Y e E tOT I CONTAINS 13.009 ACRES ANTMAXCE:... ENEA4NCY LCRAGCNENr - -- _. -., _.' J1Y4 c, LOT 2 CONTAINS 18.644 ACRES W GENCY. ROW FNff MK KBA sy __ m WONTY. D ( CONIORKFL ARCAS) ( LOT 3 CONTAINS 11.388 ACRES NORM 13510 FA$i AVFNT RL 9 a ACRES RAN NO. 0 __ X - .. 'lnl 1 .,6ryy� TOTAL 46 .776 ACRES ED SOC LUN NAP OARO YPIEUOER xx, I.S. A a 1 LEGEND�Wb6� asp W ) Ma /� iIn M 12A49A ' I CORW DATA NVUIC R Gli 1A IC1C iAxUS CENI FFk CI 125 J55I'�9' 09 ]Po I FROM Of WAY p/E UTILITY EAiSUEXI /T DFNMAGE EASCYENL / — Ii U? , 1 xIS B 0 0 J SIR 001 Ir+ nT�1 a _^ ° 0/t BU WNC SETBACK de. SCYd ZO'1 6099 'S 9 ]1000 '� Jn [AEE✓j i IFF 01 1 FOt1 h � m T � Lot, a CADARLD 1 L zo NA rv,X°M� �'� ,! „ °,; -- - S Th 2J . 9 N' a `Y` O.Jj y I. IN Block 1 z` �u�, ::�„ - 3 // /, -A ! z-w.0 u m' 1) IT I ” , r Lot 3 ama / %J Lot 2 �\ — NO C, _Y ^" �^�", .' –, gJ/ 111111, NWP L I /i am � Ji�IS o/E J/ TA CA i_ 3 /J —u� _ a fie' _o � S � 19 STAFF MILHWAY 169 049� NOFTX AtSfA EAST AVENUE v -I rvG >I° v 5 0�'1B'OT E OENCNMpgK AN GTIBOI ry � PLAT NO. PAGE REAL Peopio • REAL Chaacler •REAL CommuNry TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Update to Owasso Zoning Code DATE: April 6, 2018 BACKGROUND: The Zoning Code is the document that guides the development process, and it sets standards that must be met when developing property in Owasso. The Zoning Code also establishes zoning districts, bulk standards, and design requirements. It is a responsible practice to continuously update the Zoning Code as often as possible to keep up with changing standards, technology, economically- driven changes in the development world, and changes in the community. Staff began the process of updating the Zoning Code about 18 months ago. Many cities utilize outside firms to write a new Code, but as with the GrOwasso 2030 Land Use Master Plan update, the new Zoning Code is being prepared in -house by Community Development Staff. The creation of the new Zoning Code, when completed, will be the result of a long process that involved well over 1,000 hours of Staff time and input from the Planning Commission, Board of Adjustment, City Council, and the development community. Staff introduced the rough draft of the Zoning Code update at the August 8, 2017, City Council work session meeting, and Council provided input at the September 12, 2017, work session. Staff presented the first half of the most recent draft at the March 13, 2018, City Council work session for discussion. Now, Staff is bringing the second half of the proposed Zoning Code update to City Council work session for further discussion. The draft of the Zoning Code update was posted to the City of Owasso webpage for public review and comment on February 12, 2018. ANALYSIS: The new Zoning Code will utilize a large part of the existing Zoning Code as a framework, but every section of the Code is being rewritten. A great deal of attention has been paid to the changing development trends occurring in Owasso. The major changes proposed to the Zoning Code are: • The addition of the RNX (Residential Neighborhood Mixed) Zoning District, which was passed by Council in 2016 with Ordinance 1087. • Permitted and prohibited uses for all Zoning Districts have been simplified into tables and re- categorized under definitions of uses in the North American Industry Classification System (NAICS) guide. • The addition of a chapter specifically for Overlay Districts. • No new zonings of CH (Commercial Heavy) would be allowed in Owasso. • A new zoning category called DM (Downtown Mixed) to accommodate the downtown development. • The height requirements for Accessory Structures would be changed. • The Code would establish the Official Zoning Map of Owasso. • The addition of Temporary Use Permits and requirements for them. The City would regulate sno -cone stands and flower tents among other uses. They would be approved with Administrative Review rather than going to the Board of Adjustment. • Mechanical equipment would no longer be allowed to encroach into the side yard setback. • The addition of the PF (Public Facilities) zoning district, which is intended to set a standard zoning district for public /institutional /quasi - public uses that are distributed throughout Owasso. This includes uses like public parks, City /Municipal buildings or yards, public safety facilities, public schools, cultural areas, and utilities. • A new chapter for site design standards, which includes site plan requirements, required screening, site access requirements, and architectural design requirements. • For carports, language has been added to assist with determining a recommendation and decision when brought before the Board of Adjustment, whereas none currently exists. • Addition of language for Small Cell Facilities. • Several definitions have been added. PLANNING COMMISSION: The Planning Commission has been working on the update to the Zoning Code by holding work sessions and providing input throughout the process of drafting the proposed language for a new Code. The draft of the document was reviewed by the Planning Commission at their February 12, 2018, meeting and it is anticipated that the Planning Commission will vote on the Zoning Code update at their meeting on June 11, 2018. PUBLIC INPUT MEETING: A Public Input Meeting was held on March 29, 2018, from 6:00 -8:00 pm in the Community Room in City Hall. Input provided by the public at that meeting is summarized and attached with this memo. TIMELINE: Public Hearings on the Zoning Code update will be held at the Planning Commission meeting on April 9, 2018, and the City Council meeting on April 17, 2018. Input from the Public Hearing at the Planning Commission meeting will be summarized and brought to the Council at the April work session. Notices for the Public Input Meeting as well as the Public Hearings appeared in the Owasso Reporter on March 21 and March 28, 2018. The new, updated Zoning Code is expected to be presented to the City Council for final consideration and appropriate action at the June 19, 2018 meeting. ATTACHMENTS: Memo - March 29, 2018 Zoning Code Update Public Input Meeting Zoning Code Draft REAL People • REAL Chaacter •REAL Community TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Notes from the March 29, 2018 Zoning Code Update Public Input Meeting DATE: April 6, 2018 SUMMARY: On March 29, 2018, the Community Development Department held a Public Input Meeting regarding the update to the Owasso Zoning Code. The meeting was held in order to give Owasso residents the opportunity to learn about the most significant changes to the Zoning Code as well as ask questions and provide feedback. The meeting was attended by eight Owasso citizens from various residential neighborhoods around town and one Planning Commissioner. Over the course of two hours, Staff and the attendees had a productive discussion regarding the changes to the Zoning Code and other issues that Owasso residents often deal with. The main questions and concerns that were brought up by those attending the meeting were: • Questions regarding Homeowners' Associations (HOAs), the requirement that HOAs be established for new residential subdivisions, and what the City can and cannot require HOAs to do • Questions regarding what an Overlay District is and what it does • Questions regarding what Small Cell Facilities are, what this new technology looks like, and the potential issues with Small Cell Facilities that cities in Oklahoma are contending with • New requirements for metal buildings and whether or not they would affect existing buildings (they would not) • Concerns with the new requirements for HVAC placement on residential property, specifically regarding a rebuild of an existing structure in an existing neighborhood and if the new requirements would come into play • City enforcement of neighborhood covenants • Residential lighting standards • Discussion on the placement of where non - permanent accessory buildings could be placed on residential lots relative to utility easements • Question regarding the mix of unit styles in a RNX (Residential Neighborhood Mixed) district Owasso Zoning Code CITY OF OWASSO, OKLAHOMA ADOPTED. BY ORDINANCE NO XXXX ty 12.1 CHAPTER 12 OFF - STREET PARKING REQUIREMENTS Purpose. The purpose of this Chapter is to provide standards that will protect the health, safety, and general welfare of the public and achieve the following: a. Provide and maintain an orderly system of parking lots that provide safe and adequate access to drivers and vehicles; b. Create a network of public and private streets, driveways, aisles, and parking lots that provide a safe means of travel within Owasso; c. Provide for 'green' design opportunities; and d. Augment existing regulations 12.1.1 Parking Standards. The standards and dia designed to create an ingress and egress s, visitors with a safe environment on public ,r, deviation from these requirements mus Development Director and the Public Works Variance or an appeal to the Owasso Board ams providecl within this Chapter are ;T that provider Owasso citizens and As and in private, Oparking areas. Any be approved by ,the Community 'ector pr their designees-,,,or through a Adjustment (BOA). Provided parking calculations found within this Chapter are designed to provide a minimum number of parking stalls that will meet customer demand for certain types of businesses as well as provide,adequate parking for employees and other persons integral to operating those specific bu, sin e ,sses _ All off - street parking lots for any use` shall be;designed,based'upon the criteria listed in this Chapter. Any parking lots that are expanded or= altered (excluding routine or regular maintenat7Ge) shall meet the regUfrements of this Chapter. Any expansion of any current business by More than twenty five (25) percent shall trigger a requirement to meet the >reeauirements set forth in this `Chanter. All parking within, the Citydf Owasso shall be on hard - surface. No parking on grass or yard areas shall'* allowed within any residential, office, industrial, or commercially- 6IFrequired-= parking for dny use shall be provided on the same lot as the use. Off -site parking arrangements shgWnot be allowed unless the parking lot is contiguous to the subject property =arid evidence of a shared parking agreement shall be provided to the City of Owasso r,„ The regulations found, within this Chapter are designed to be in accordance with and supplement the offer Chapters of the Owasso Zoning Code. Wherever these regulations may bo`in conflict with other Chapters of the Owasso Zoning Code, the more restrictive hdll apply. Failure to, intain parking lots, parking spaces, driveways, or any vehicle drives, loading areas, storage areas, or parking areas as outlined in this Chapter shall constitute a Zoning Code violation and shall be subject to enforcement. No person shall park or place an automobile, trailer, vessel, or any other type of vehicle upon a public or private street, parking lot, or any public or private property for the purpose of displaying such automobile, trailer, vessel, or any other type of vehicle for sale, hire, rental, or other advertising purposes, unless said property is zoned by the City for such purpose and the vendor is duly licensed to transact such business at that location. This prohibition shall not apply to the sale of a vehicle on private residential property belonging to the owner of any such vehicle. 84 Table 12.1 - Parking Requirements by Type of Use Use Parking Bicycle" AGRICULTURAL Agricultural Implement Sales 1 space per 500 square feet of sales area N/A ANIMAL RELATED Kennel 1 space per 750 square feet, plus 1 space per employee N/A Veterinarian 1 space per 250 square feet of gross area N/A EDUCATIONAL /CHILD CARE Child Care/Day Care 1 space per 400 square feet Required College/University/Junior College i space per 6 students Required Elementary School 2 spaces per classroom Required Extra School Stadium 1 space per 4 seats:,. Required Fraternity or Sorority 1 space per bed within #lie6uildin Required High School 5 spaces per classroom Required Library 1 space per 500 scl6drefeet Required Middle School 2 spaces per61assra :: Required Trade School 1 space per 2 students-,- plus 1 space per ;employee Re uired FINANCIAL; Automatic Teller Machines Not required for drive -thru; 2 spaces re uired for walk-up N/A Banks and Financial Institutions 1 space. per 400 s uare feet N/A FOOD /BEVERAGE Coffee Shop 1 s ace per 100 s uare >feet'of customer service area Re uired Ice Cream/Yogurt Shop 1 space per 100 square feet of customer service area Required Restaurant 1 space per 100 square fe6f;l6cluding outdoor areas Required Restaurant Drive -In 1 s ace" e -r100s uare feet of dinin area indoor /outdoor Required Restaurantw /Drive -Thru 1s ace <eitdb;5 -uare feet,induidii� outdoor areas Required Restaurant Take -Out Only) 1 s ace; "er 100 s`ua e:feet of customer service area Required Tavern /Bar /Ni htclub � 1?s ace erl'00s�roszs uare feet Required INDUSTRIAL E ui ment Rental i A qc2 per 300 gross square feet N/A Manufacturing 1 space per 750 square feet N/A LODGING ` Bed and Breakfast ],-space ace er uestroom, plus 2 spaces for primary residence N/A Boarding or Rooming Houses 1 s ace = er bedroom, plus 2 spaces Required Hotel /Motel 1 space per 1.5 guest rooms, plus 1`sp`ade per'wo square feet of meeting /restaurant area, plus 1 space per employee of largest shift N/A MEDICAL /CARE p p Assisted Liv f5 lit 1 s direr er 3 beds, plus 1 space per employee of largest shift N/A Funeral Homy ' 1 space per 4 seats of assembly area N/A Halfway Houses /Saber Living 1 space per 2 beds, plus 2 spaces Required Hospital 1.25 spaces per 2 beds, plus i space for each employee of largest shift N/A Medical Office i space per 200 gross square feet N/A Social Assistance i space per 250 square feet Required OFFICE Professional Office 1 space per 250 gross square feet N/A Radio/TV Studio 1 space per 250 gross square feet N/A Research and Development 1 space per 500 square feet N/A OTHER Airport 1 space per 100 square feet of waiting area N/A RECREATION /ENTERTAINMENT Amusement 1 space per 600 square feet of site area Required Arcade /Game Room 1 space per 300 square feet Re uired Athletic /Recreation Facility (Indoor) 1 space per 3 persons at max capacity, plus 1 space per employee of largest shift Required Athletic /Recreation Facility Outdoor 1 space per 5 seats Re uired m Auditorium /Arena I space per 5 seats Required Billiard Parlor 2 spaces per billiard table Required Bowling Alley 2 space per lane, plus 1 space per employee of largest shift Required Campground 1 space per campsite N/A Community Center 1 space per 250 square feet Required Dance Hall 1 space per 100 gross square feet Required Day Use Area Minimum of 5 spaces Required Golf Course 40 spaces per 9 holes, plus I space per 300 square feet of clubhouse Required Golf Driving Range 1 space per tee, plus 1 space per 300 square feet of shop Required Mini Golf Course 2 spaces per hole Required Museum/Gallery 1 space per 400 square feet Required Skating Rink 1 space per 500 s uare.feet Required Swimming Pool 1 space per 200 square W& of facility Required Theater 1 space per 3.5'' e is Required RESIDENTIAL Mobile /Manufactured Home 2 off - streets aces can include: garage) N/A Residential Du lex /Tri lex 2 off - streets aces per unit can include, ara e N/A Residential Single-Family 2 off- streets ace's can include goe d' e N/A Residential Multifamily 2- Bedroom Unit 2's aces per unit; Required 3- Bedroom Unit 2.5spaces p6r,6nit Required 4- Bedroom Unit and Above 0.75 s ace's: ei bedroom Required Studio or 1- Bedroom Unit I s ace, per unit Required RETAIL & PERSONAL SERVICES Convenience Stores 1 space per 200 square feet, ius'1 s' dca ad'acent to each, as pump Required Drug Store 1 so-. ace' er-300 s uare;feet Required Furniture Store s ace er.50,0s uare feet N/A General Retail �l. s ae > er 300 r&s ,'square feet Required Grocery Store 1 she er 250 ross square feet Required Gym/Workout Facility/Health Club,-,---- I;3 ace er 200 square feet Required Hardware /Home Im rovement;Sfore 1 space per 250 gross square feet N/A Liquor Store 1 space per 300 square feet Required Nurse /Greenhouse 1 space per 500 square feet N/A Outdoor /Uncovered Retail 1 s ace et 500 square feet of sales area N/A Personal Services J- ace. per 200 square feet of gross area N/A Wholesale Retail 1 s °ace per 500 square feet of gross area N/A UTILITY utility Offic e l space per 200 square feet of customer area, lus 1 space per employee of largest shift N/A VEHICLE Car /Vehicle Wash`: °„ 2 spaces plus bas for each wash unit and 1 bay per vacuum N/A Vehicle Rental 1s ace per 300 s uare feet of office area, plus 1 space per rental car N/A Vehicle Sales 1 space per 400 square feet gross area N/A Vehicle Service/Repair „ ' 1 space per 300 square feet (repair boys shall not be counted N/A WAREHOUSE /PARCEL /FREIGHT Self-Storage/Mini-Storage 1 space per 300 square feet of office area N/A Warehouse 1 space per 1500 square feet, plus 1 space per employee of largest shift N/A WORSHIP Place of Worship -Multi Use 1 space per 4 seat in assembly area, plus 1 space per 150 square feet in other areas Required Place of Worship - Single Use 1 space per 4 seats in assembly area Required *The Community Development Director or their designee may modify parking requirements if site conditions warrant. * *If bicycle parking is required, then at least one (1) bike rack must be provided. 0 12.1.2 Duty to Provide and Maintain Off - Street Parking The duty to provide and maintain the paved off - street parking spaces herein required shall be the responsibility of the operator and owner of the use or business on a site and /or the owner of the land on which the use or uses exists. Each standard parking space shall have adequate space for ingress and egress. No land shall be used or occupied, no structure shall be built, altered, used, or occupied, and no use shall be operated unless the off - street parking spaces required herein are provided in at least the amount specified and maintained in the manner herein set forth. 12.1.3 Surfacing. All parking stalls shall be constructed of concrete or asphalt. 'Green' design alternatives to concrete or asphalt such as permeable paving systems shall also be allowed upon approval by the Community Development Director or their designee. Documentation of how permeable paving systems would be installed shall be provided for review and approval. Permeable pavan' &systems include but are not limited to systems such as pavers, 'grasscrete';,_ permeable asphalt, and other approved applications. All private parking lot surfaces shall be maintained in such a way qs to ensure a safe and flat travel surface. Potholes, large cracks, and pieces of paving; that are missing shall be replaced and /or repaired. Curbing shall be repaired or repldced whenever it becomes broken. Failure to maintain parking lots in ,a safe manner shall constitute a Zoning Code violation and shall be subject to enforcement. Vehicles, trailers, RVs, and equipment shall only'be ,parked upon a hard surface (concrete, asphalt, pavers) unless an alternate treatment has been approved by the Community Development Director,or fiheirdesignee. 12.1.4 Suing. All parking spaces shalF.meet ADA requirements. "Drive lanes, no- parking areas, and all other required components shall be clearly striped or delineated. All striping shall be d' Ply maintained abdr'visible. If striping is faded or becomes removed, it sh ere ed in the enact layout as approved. Failure to meet these criteria shall be handled as a Zoning Code violation and shall be subject to enforcement` r,., All required stripng;shdll be yellow or white surface markings at least four (4) inches in width pne way or, ludo 9d wayadia✓e n required turning areas shall be identified with dir,'ectional arrows. 12.2 ' Off- Street Parkihd Reaui e"nts. 12.2 1 _'N, General Provrsrons ;. If not .otherwise specified within this Chapter, all parking calculations shall be =based on gross square footage of the building or the use. Off- s t'reet parking space`s for motor vehicles shall be provided in at least the amount shown in Table 12.1 above. A minimum of four (4) parking spaces shall be provided for any business 'tf'a classification is not specified within this Chapter, the Community lop Devement. Director or their designee shall calculate parking requirements for that use based,u on national and regional parking standards. All existing parking situations shall not be required to comply with these standards. However, any additions or new development that increase the square footage of the building by twenty -five (25) percent or increase the number of parking spaces by twenty -five (25) percent shall be required to comply with these standards. If a lot has multiple uses, each use shall provide the minimum number of parking spaces as outlined in this Chapter. Bicycle parking shall be provided as shown in Table 12.1 above. Bicycle parking shall be provided in a bike rack or other structure affixed to the ground that holds a bicycle vertical and allows a lock or chain to be connected from the bike to the 87 rack. A minimum of two (2) bicycle spaces shall be provided for any business requiring bicycle parking. 12.3 Design of Commercial Parkins Stalls and Lots. 12.3,1 General Provisions. Plans must adhere to the following requirements: a. Any applicant submitting a Site Plan for approval must submit plans showing the off - street parking areas required by this Code; b. These plans must show location, arrangement, and dimensions of the off - street parking, turning spaces, drives, aisles, and ingress and egress in a manner satisfactory for the safety and convenience of pedestrian and vehicular traffic; c. A title block will accompany the Site Plan showing scale, date, north arrow, name and address of the property owner, and name and address of the company preparing the Site Plan; d. Parking lot lighting shall comply with Outdoor Lighting requirements as described in the Owasso Zoning Code; e. Parking lots shall comply with Landscaping, Screening, and Fencing requirements as described in the Owasso Zoning Code; f. Parking lots shall be designed to meet all applicable ADA guidelines; and g. Parking lots and parking stalls shall be fully installed and striped prior to issuance of any Certificate of Occupancy (C /O). Parking lots and parking stalls are encouraged to be designed to incorporate low - impact design (LID) principles, and 'green' building materials and techniques are encouraged to be used as well. All parking is required to be placed on paved surfaces. No parking in grass or yards shall be allowed. Alternative parking treatments may be proposed on Site Plans, and approval of said alternative parking treatments shall be based on site conditions and whether adequate paved parking has already been provided. Overflow parking areas on gravel may be considered. Parking areas are encouraged to be built at the rear of lots or beside buildings with buildings brought to the front of lots, especially when abutting an arterial, a frontage road, or a highway. For all approvals not. requiring Owasso City Council or Owasso Planning Commission approval, the Community Development Director or their designee shall be the approving authority for parking design. The Owasso Fire Marshall shall have approving authority.for any and all plans dealing with fire safety. Any appeals of a City Official's decision shall be taken to.the Owasso Board of Adjustment (BOA). 12.3.2 Standard Parking Stall Design. All parking lots in the City of Owasso shall be designed according 'to the criteria contained within this Chapter. All parking stalls and parking lot aisles shall meet the minimum standards contained in Table 12.2 below. Table 12.2 - Parking Space Design Criteria Angle Width Aisle Width One-Way Aisle Width Two-Way 900 9 feet 24 feet 24 feet 600 9 feet 18 feet 23 feet 450 9 feet 13 feet 22 feet 300 9 feet 11 feet 22 feet 00 Parallel 8.5 feet 12 feet 24 feet ( Each standard parking space shall be at least nine (9) feet wide and twenty (20) feet long. A parking space may be reduced to eighteen (18) feet long if a minimum two (2) foot overhang is provided. The overhang area shall not encroach into any required sidewalk area and shall not interfere with any required landscaping. See Table 12.1 for all parking space design criteria. Wheel or bumper guards shall be located so that no part of any vehicle extends beyond the parking area, intrudes on pedestrian ways, or comes in contact with walls, fences, or planting areas. 12.3.3 Compact Parking Space Design. Compact parking is an option for new development but is not required. For any parking lot, up to ten (10) percent of the parking stalls may be constructed as compact parking spaces. Compact parking spaces shall be designed according to the following standards: ems:, a. Compact parking spaces shall be a minimum of eight and a half (8.5) feet wide and a minimum of seventeen (17) feet long; b. All compact parking areas shall provide a landscape striFOor raised area with stamped concrete at least eight and a half (8.5) feet widee lgnd three (3) feet deep at the front of each space; and c. Signage shall be provided for each compact space stating' that only compact cars shall use said spaces. The rear of the compact parking spaces shall align with all other parking spaces in the row (see Figure 12.1). Figure 12.1 Compact Parking Spaces 12.3.4 Motorcycle Parking, Motorcycle parking is encouraged to be provided for all businesses. Parking spaces designed to be used only as motorcycle spaces shall be designed according to following standards: a. Signage and appropriate striping shall be provided for all motorcycle parking areas; b. Any business that provides a motorcycle parking space may reduce the number of required automobile parking space by one (1) up to a maximum of ten (10) spaces; c. Motorcycle parking spaces shall be provided in vehicular parking lots and no sidewalks shall be used for the parking or storage of motorcycles. Motorcycles shall not be parked in bicycle parking areas; ri] d. A motorcycle parking space shall be designed at a minimum of four (4) feet in width and nine (9) feet in length; and e. Motorcycle parking spaces should be clustered together and shall be designed so that the rears of the stalls are in line with standard parking stalls in the aisle. 12.3.5 Oversized Vehicle Parking. Any use which requires heavy traffic of oversized vehicles such as recreational vehicles or tractor trailers shall provide pull -thru parking areas for these vehicles. Aisles of sufficient size and means of ingress and egress shall be designed to accommodate these vehicles. Said parking areas shall be provided with signage and properly delineated. Each oversize parking space should be designed to be a minim ' of ten (10) feet in width and a minimum of seventy (70) feet in length. Trucks (over two (2) tons), trailers (over eighteen (18) feet ih, length), tractor trailers, and heavy equipment shall not be parked in parking stalls designed for standard vehicles. These types of oversized vehicles shall only be parked- In.,designated areas designed specifically for them, or withiK .:designated, loading 'areas behind the building. Active loading and unloading shall not be applicable. 12.3.6 Parking lot Design. Adequate access drives shall be provided for all parking spaces not abutting a public street or alley. Ingress and egress driveways shall be designed to meet City of Owasso Public Works Design Standards. Parking lots may encroach into required setbacks provided -that no vehicle is placed within a sight triangle or other area that may cause a public safdty concern. All parking lots shall comply with designed in accordance with Figu the standards setfbHhTJnTable 12.2 re 24' I Parallel 24' t Table 12.1 above and All drive aisles shall meet M SINGLE ROW & AISLE 7 -A_ zli �i imur; •L4MM Figure 12.3 Angled Parking 90° PARKING LAYOUT 600 PARKING LAYOUT ROW & ONE WAY AISLE N _ 13' 45° PARKING LAYOUT VAY AISLE 30° PARKING LAYOUT DOUBLE ROW & AISLE m m DOUBLE ROW & ONE WAY AISLE Di\ nnl 101 a enu, n. m 12.3.7 Queuing Requirements. For all food and /or beverage service uses, a minimum of five (5) queuing spaces shall be required from the point of service. The point of service shall mean the location where a driver comes face to face with an employee of the business and remits payment and /or is provided with goods purchased. 12.4 All other non -food or beverage related commercial services with a drive -thru shall maintain a queue of two (2) spaces per lane. Each queuing space shall be at least eight (8) feet in width and at least twenty (20) feet in length. A proper turning radius shall be provided at all corners and turns in a queuing line. Queuing lines or spaces shall not be used for thru- traffic and shall not be calculated into any required driveways or aisles for any parking ;lot. These lanes shall be designed to not impact traffic -flow in a parking lot. AII- queuing lanes shall be clearly striped or shall be surrounded by curbing. stalls shall be designed in accordance shall be set by the State of Oklahomc number of accessible parking spaces shall meet the accessible standards. All required ADA parking stalls shall be striped accordance with State Building Codes. Said meet these standards at all times. - The number of required parking,sl Building Code standards. 12.5 Residential Off- Street:Parkina Spaces 12.5.1 General Provisions. Ian g1Pesidential c yard shall ,.be, used as a` parking sp vehicle except upon ahard- surface (b) feet or less in;length.in,rear or side No parking in yards or lrr arasstshall b Curbs cuts for Driveways shall in width. All dri\ sidewalk, curb, approval from t All new parking lots and parking :quirements.,, ADA requirements I Building Codes.. The required sided- =and the spaces provided be provided with signage in stalls shall be maintained to be consistent with adopted State t, no part of a front yard, side yard, or rear for a motor vehicle, boat, trailer, or other ieway or parking pad, except for trailers six lowed. All driveways and parking areas shall or use permeable material as defined in this 3idential driveways shall meet City of Owasso standards. inimurh`of ten (10) feet and a maximum of thirty -five (35) feet or other improvements that require cutting or modifying a City storm water conveyance system, or street shall require is Works Director or their designee. All curb cuts or association w City of Owasso Design Standards. 12.5.2 Parkin- Pdds:;O'ne (1) additional parking pad may be constructed on lots that have the requirecRwo (2) off - street parking spaces. The parking pad shall be designed to cover the entire undercarriage of the vehicle placed upon it. Parking pads shall not be accessed by driving over existing curbs. The maximum size of any parking pad is twelve (12) feet by thirty (30) feet. The additional parking pad may be constructed with any concrete, asphalt, permeable paving system, or with clean washed gravel upon approval by the Community Development Director or their designee. In any application that uses gravel, the area shall be constructed on a stable base, shall have an underlayment or filter fabric beneath all gravel, and shall have edging that keeps all gravel in the parking area. These areas shall be properly maintained with sufficient gravel and shall be kept free of weeds and other vegetation. Grass shall not be allowed to grow in the gravel area because it will appear that the vehicle is 92 parking in the yard. All gravel shall be kept off sidewalks and out of public rights -of- way. 12.5.3 Driveways (including Ribbon Driveways or Paving Strips( Driveways can be constructed with concrete or hard - surfaced paving strips placed for vehicle wheel travel. These ribbons can be constructed of concrete, asphalt, pavers, or other materials approved by the Community Development Director or their designee. The areas outside the ribbons can be filled with landscaping, grass, mulch, gravel, or other approved materials. All areas containing grass or vegetation shall be maintained according to City Code. Areas containing mulch, gravel, or other material shall contain proper edges or barriers to keep the material in the specified area and shall be maintained free of grass and weeds (see Figure 12.8). Access to the driveway sh4l ,be limited to properly approved curb cuts or other approved access points. All portions of the driveway, sidewalk, and driveway apron located within the right -of- way shall be constructed of contiguous concrete or asphalt and shall meet all City standards. 93 CHAPTER 13 NON - CONFORMITIES 13.1 General Description. Within the districts established by this Code or amendments that may later be adopted, there may exist uses, structures, and lots which were lawful before this Code was adopted or amended but which would be prohibited under the terms of this Code or future amendment to this Code. These uses, structures, and lots, herein referred to as "non- conformities," may continue as regulated by this Chapter. A use lawfully existing prior to the effective date of this Code, or amendment thereto, which does not comply with parking, screening, or bulk and area requirements, but which is otherwise lawful, shall not constitute a non- conforming use with the meaning of the following two Sections. 13.2 Non - Conforming Uses of Unimproved Land. When gt;tfie. effective date of this Code or amendment thereto a lawful use of land exists, which would not be permitted by the terms of this Code or amendment thereto, such use shall be deemed a non- conforming use of unimproved land. The non- conforming use ,at land may be continued provided: a. No such non - conforming use shall be chang6clAo another non- conforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective `date of this Code or amendment thereof; b. No such non - conforming use.shall be moved in whole or in part to any portion of the lot or parcel other' 'than that ;occupied by s`ch use at the effective date of this Code or amendrrtent thereat c. No additional.:,strueture (other Jl anrfences) shall be erected in connection with suah noh- conforming use of rand; and d. If any such non conforming use of land ceases for any reason for a period of more than ninety, '(90) days (except when government action impedes access,to or yse of the premises),, any subsequent use of such land shall conform 1n'all respeots to the regulations of the district in which located. Non Crfog 13.3 Buitaings or Buirdinas and Land in Combination. When at the effective date of this Code or amendment thereto, there exists a lawful use of a building, or use of a pnncipaI building and land, or use of land and accessory structures, such structures coyzring more than ten (10) percent of the lot area, and such use would not ., e permitted by the terms of this Code or amendment thereto, s`u',ch use shall be' deemed non - conforming and may continue subject to the I to a non - conforming use shall be enlarged or extended, the use of the building to a use permitted in the district in located: b. A non - conforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building; c. A non - conforming use of a building or building and land in combination, if superseded by a permitted use, shall not thereafter be resumed; d. A non - conforming use of a building or building and land in combination, if discontinued for twelve (12) consecutive months or for twelve (12) months during any eighteen (18) month period (except when governmental action 94 impedes access to or the use of the premises), shall not thereafter be resumed; e. Where non - conforming use status applies to a building and land in combination, termination of the use of the building within the meaning of item (d) above shall eliminate the non - conforming status of the use of the land; A non - conforming use of a building or of a building and land in combination when located within a residential district shall not be changed unless changed to a use permitted in the district in which located. A non- conforming use of a building or of a building and land in combination, when located within a district other than a residential. district, may as a Special Exception, be changed upon approval of the Board of Adjustment (BOA) after finding that the proposed use will .hofi,4elsult in any increase of incompatibility with the present and future use of proximate properties. The change of a use to another use contained within thesdme use unit shall not constitute a "change of use" within the meaning of this Section; and g. Should the structure containing ,a ".,non -c partially destroyed to the extent of more tf seventy -five (75) percent of its current rF damage, the restoration of the structure she after adherence to the;:procedural requirer the contemplated restoration is necessary conforming use, and will ttbt�resulf in any it present and future use ;.of proximate p containing a non- conformfrlg use ,pe damp more 13.4 Non- Conforinina Lots. ig use be damaged or (50) percent' -but less than lent cost at 46e time of subject to the BOA's findings, for a Special Exception, that he continuance of the non - se'of incompatibility with the ties, e, Should the structure or destroved to the extent of of its replacement cost at the time of shall not thereafter continue or be 13.4.1 Single Lots. Iri., any >, district in whichs single - family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, a single - family dwelling 6hd customary accessory,bUfldings may be erected on any single lot of record at W effective elate of adoption or amendment of this Code. Such lot must be in separate a-' nership dnd not of continuous frontage with other lots in the some ownership. This provision shall apply even though such lot fails to meet the requirements for area or.vvidth (or both) ghat are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width (or both) of the lot shall- conform to fhe'regulations for the district in which such lot is located. 13.4.2 Adiominq. -Lots If two (2) or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption or amendment of this Code and such lots individually are too small to meet the yard, width, or area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lots in one ownership shall be subject to the requirements of this Code. 13.4.3 Lots in Non - Residential Districts. In districts other than residential districts, any use permitted by right may be located on any lot of official record as of the effective date of this Code, irrespective of its area or width, provided the other requirements of the use district are complied with. 95 13.5 Structural Non - Conformities. A structure, lawfully existing at the effective date of the adoption or amendment of this Code, but which would be prohibited by the terms of this Code by reason of restrictions on floor area, density, intensity, height, yards, its location on the lot, or other requirements concerning the structure, shall be deemed non - conforming and may continue, subject to the following provisions: a. No such non - conforming structure may be enlarged or altered in any manner which increases its non - conformity, but any structure may be altered to decrease its non - conformity, provided that the addition of a mezzanine or similar alteration which does not increase the cubic content of the structure shall not constitute an "increase in non - conformity "; b. Should such structure be damaged or partially destroyed by any means to the extent of more than fifty (50) percent of its current replacement cost at a time of damage, the restoration as a non conforming structure shall be subject to the findings of the Owasso,Board of< Adjustment (BOA), after adherence to the procedural requirements for a Special Exception, that its restoration to a conforming structure cannot reasonably be made in view of the nature and extent of the non conformity and the nature and extent of the damages; and c. Should such structure be moved for any distance whatever, it shall thereafter conform to the provisions of the district in'which located. 13.6 Repairs. On any building containing a non- conforirfing use or any non - conforming structure, ordinary repairs and maintenance may be made provided that the cubic content of the building is not increased and structural, non- conformity is not increased. If a non - conforming, structure or a structure containing a non - conforming use becomes physically+Onsafe or unlawful.tlbe to lack of repairs and maintenance, and a final order, of-vacation or demolition is entered by any duly authorized official by reason of,`physical condition, it shall not thereafter be used, restored, repaired, or rebuilt exceptin.conformihywith the provisions of the district in which located. 0 CHAPTER 14 ENFORCEMENT 14.1 Duty of Community Development Director and Other Officials. It shall be the duty of the Community Development Director or their designee to enforce this Code. If the Community Development Director or their designee shall find that any of the provisions of this Code are being violated, they shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and they shall take such other action to ensure compliance with or to prevent violation of its provisions as is, authorized. 14.2 14.3 All departments, officials, and employees of the City of-Owasso, Oklahoma vested with the duty or authority to issue Permits or Licenses,,shall comply with the provisions of this Code and shall issue no Permit or License .Jor,any use, purpose, excavation, construction, structure, building, or sign in confli ct with the provisions of this Zoning Code or the Owasso Municipal Code. Penalties for Violation. Any person, firm, or gotporation violating any .provisions of this Code or failing to comply with any of its requirements, including;,, violations of conditions and safeguards established in connection with grants of'. Variances or Special Exceptions, shall be deemed guilty of an offense shall be fined in accordance with the City of Owasso Code of Ordinances. Each day's violation thereof shall constitute a separate offense. Nothing herein contained shall„ prevent- the City of._ Qwasso, Oklahoma or its authorized officials from taking other legal'd�tion, as authorized by law, to remedy violations. Construction ond,,,:.Use_ Provided in >.Appi cations Ptdns, and Permits. Permits, Variances, or Specia['�&ceptions issi56d on the basis of approved plans and applications'oUthorize ohlyJhe uses, arrangement, and construction set forth in such approved pans and applications. Deviation from such approvals shall be deemed a violation of this =Code and j3unishable as authorized by City Code. 97 CHAPTER 15 BOARD OF ADJUSTMENT 15.1 Establishment of the Owasso Board of Adiustment. The adoption of this Zoning Code hereby establishes a Board of Adjustment (BOA) of the City of Owasso, Oklahoma, with the powers and duties hereinafter set forth. The BOA shall consist of five (5) members who shall be residents of the City of Owasso, Oklahoma and appointments of said members shall be made by the Owasso City Council. Each member shall serve without pay for a term of three, {3) years, and vacancies shall be filled for an unexpired term of a Board memperin the manner set forth for appointments to a full term. Upon written charges and after a public hearing,,members. may be removed by the appointing City Council for any one (1) of the, following causes: a. Failure to attend three (3) consecutive regular or special meetings or failure to attend one -half (1/2) or fifty (50) percent of the.regular or special meetings held during any six (6) month period`. b. Actions and conduct unbecoming to a Public Official of the City of Owasso, Oklahoma. c. Repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Owasso. The Board shall organize, elect its chairman vice - chairman, and secretary and adopt rules necessary to the conduct of its affairs':.. 15.2 Powers of the Board''The,Owasso Board of Adjustment (BOA) shall have the power to: a. Hedr and decide appeals if it is alleged there is a perceived error in any order, e' quiremen. t decision, or determination made by a City Official in the enforcement of any zoning, building, or development ordinance. b Head and decide Specidl Ezc6ptions to the Owasso Zoning Code. c. Auth onze. n spec cases such Variances from the terms of the Owasso Zoning Code as will ,tot be contrary to the public interest if, owing to special conditions ,d literal enforcement of the provisions of this Code will result in unnecessary" "hardship and so that the spirit of this Code shall be observed and substantial justice done. Spocial,,Exceptions and /or Variances may be allowed by the BOA only after notice and hearing asp provided for herein. The minutes of the meeting at which the Varance �orSpecial Exception is granted shall identify that each element of the Variance o`r'Special Exception was properly noted at the public hearing, otherwise said Variance or Special Exception shall be void on appeal to the District Court. 15.2.1 Conflict of Interest. Any member of the Board who shall have an interest in any property or in the decision relating to such property, which shall be the subject matter of or affected by a decision of the Board, shall be disqualified from participating in the discussion or proceeding of the Board in connection therewith. 15.3 Proceedinas of the Board. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine, or as applications are submitted for Owasso Board of Adjustment (BOA) consideration. The Chairman, or in their absence Fv the Vice- Chairman or acting Chairman, may administer oaths and compel attendance of witnesses. All meetings, deliberations, and voting of the BOA shall be open to the public. The BOA shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. In all matters, the BOA shall decide within ninety (90) days after the filing of an application for relief. The quorum, notice, filing, and substantive requirements of the BOA shall be as set forth in the following Sections concerning the Board's exercise of a particular power. 15.4 Notice of Public Hearina. The Owasso Board of Adjustment (BOA) shall give notice and then conduct a public hearing before acting on,, any appeal from a determination of the Community Development Department or ;before granting any Special Exception or Variance. Ten (10) days' notice of a public hearing'shall be given as follows, for a Special Exception, Variance, or appeal from -a determination of the ,Community Development Department: a. By publication in a newspaper of general circulation; and b. By mailing written notice fb.all, property owners,within a three hundred (300) foot radius of the exterior Isoundary of the subject property. The notice shall contain: a. The legal description of the propecty and the street address or approximate 701 c. The set forth herein. 15.5 The City ( 15.6 the property and the nature of the relief place of the proper and; - timely notice and paying all costs thereof shall Any action taken by the BOA on an application at a public and void if the applicant fails to comply with requirements for a Variance or Special Exception shall be paid to the City of of the fees shall be established by resolution adopted by the 15.6.1 General >;An,appeal to the Owasso Board of Adjustment (BOA) may be taken by any person aggri eved or by an officer, department, board, or bureau of the City affected, where it is alleged there is error in any order, requirement, decision, or determination of the Community Development Department or other City Department in the enforcement of this Code. 15.6.2 Notice of Appeal. An appeal shall be taken within ten (10) days from the determination complained of by filing a notice of appeal, specifying the grounds thereof with the Community Development Department and with the Secretary of the Owasso Board of Adjustment (BOA). M The Community Development Department, upon receipt of notice, shall transmit to the Secretary of the Board and the City Clerk certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the Secretary shall cause an investigation to be made upon the appeal and shall set the matter for public hearing. 15.6.3 Owasso Board of Adjustment Action. The Board shall hold the public hearing. The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The Board shall make its decision within thirty (30) days decision shall be in writing and filed of record in the off The concurring vote of three (3) members of ti- any order, requirement, decision, or determine Department. 15.6.4 Stay of Proceedings. An appeal stays all pros appealed from, unless the Building Inspector'fr< to the Owasso Board of Adjustment (BOA), a been filed with them, that by reason of facts sti their opinion cause imminent peril to life or prof not be stayed other than by a restraining order of proper jurisdiction on due andsuffic�eni taus 15.7 Interpretation. Where a particular use, or the a Owasso Board of =Adiu LOU in question or of the he final hearing, and the the City Clerk. necessary to reverse nunity Development eran,pe, of the action )peal`is,taken certifies Of aDDeal "shall have the certificate, a stay would in such case, proceedings shall d-by the Board or by the Court `district classification of a Codes or Standards, the upon written "request of the Community shall determine the classification of the use ther Staff interpretation of the Code is 15.8 Variances. 15.8.1 Generaj..,,The Owasso Bodrd-df Adjustment (BOA), upon application and after notice c (when " notice is required) and publi'tiearing, may grant Variances from the terms of this Code onlynOpon a finding that the Variance will not cause substantial detriment to the public goacj.or impair, the spirit, purposes, and intent of this Code or the Land Use Master Plan Nihere by'redson of exceptional narrowness, shallowness, shape, topography or offer extraordinary or exceptional situation, condition, or "circumstance peculiar to a particular property, the literal enforcement of this Code vJll.result in unnecessary hardship. The B&d-rd shall dct only within the confines as outlined in Oklahoma State Statute. 15.8.2 Application: p'request for a Variance shall be initiated by the filing of an application with the Community Development Department and shall be set for public hearing in accordance with the rules established by the Board and Oklahoma State Statute. 15.8.3 Owasso Board of Adjustment Action. The Board shall hold the public hearing and, upon the concurring vote of three (3) members, may grant a Variance only upon a finding that: a. The application of the Code to the particular piece of property would create an unnecessary hardship; b. Such conditions are peculiar to the particular piece of property involved; T$1#1 c. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Code or the Land Use Master Plan; and d. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The Board, in granting a Variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. 15.8.4 Time Limitations on Variances. A Variance which has not been utilized within one (1) year from the date of the order granting the Variance shall thereafter be void. For the purpose of this provision, utilization shall mean actual use or the issuance of a Building Permit, when applicable, provided construction is diligently carried to completion. 15.9 Administrative Variances. 15.9.1 Minor Variances. A Minor Variance is a smgil Variation from the requirements of the Zoning Code. A Minor Variance approval, is essentially, a certificate of permission, because it allows the property owner to obtain a Building Permit ar Certificate of Occupancy (C /O) even though their property does not comply precisely with the requirements of the Zoning Code or Subdivision' Regulations of the City of Owasso. Prior to the submission of request for a Minor Variance, the applicant shall meet with the Community Developmentbirector or their designee-to discuss the nature of the request. The Community Development; Director or their,designee shall consider the information provided and make the determination as to whether the request is minor in nature for it to be processed ,;as a Minor- A,rJminstrative Variance or Special Exception. 3 � 15.9.2 Minor Administrative Variances for '1 ncroachments into Setbacks A Minor Administrative:Variance can be granted for encroachment into a building setback of up to two (2). feet. A request for a Mi6*Administrative Variance shall be submitted in the same manner as.other Variance requests requiring Board approval, including application, supportirSg materials, and fee: An administrative hearing shall be held by„ the Community'.,pevelaprnent Dir ctor or their designee who shall determine, laased 6616 evidence „provided, whether to approve or deny the Minor Variance request. Notice of hearings regarding requests for Minor Variances shall be done in the some manner', s other Variance requests requiring Board approval, with notices sent to adjacent property owners. Notices shall be mailed at least ten (10) days prior to the hearing and'Cbntain: o A legal description of the subject property and sfreet address (if any); ki., The nature of�the Variance request; and C. The.dafe, time and place of the public hearing. Appeals to``administrative Variance decisions shall be heard by the Owasso Board of Adjustment (BOA). 15.10 Special Exceptions. 15.10.1 General. The Owasso Board of Adjustment (BOA), upon application, and after notice and public hearing subject to the procedural and substantive standards hereinafter set forth, may grant the following Special Exceptions: a. The change of a non - conforming use as provided in the Chapter titled "Non - Conformities” in the Owasso Zoning Code; YID b. The restoration of a partially destroyed structure containing a non - conforming use as provided in the Chapter titled "Non- Conformities" in the Owasso Zoning Code; c. The restoration of a partially destroyed non - conforming structure as provided in the Chapter titled "Non- Conformities" in the Owasso Zoning Code; d. Carports as described in the Section titled "Accessory Dwelling Units" in the Chapter titled "Residential District Provisions" in the Owasso Zoning Code; and e. The construction of an accessory building as described in the Section titled "Yards" in the Chapter titled "Residential District Provisions" in the Owasso Zoning Code. 15.10.2 Application. A request for a Special Exception application with the Community Development public hearing by said Department in accordap Owasso Board of Adjustment (BOA). Procedure. Submit application to the Commbn Community Development Director or their c3esigrn evaluating a request for a Special Exception: a. Will the placement of the structure impact b. What is the nature of any protests to the reque- c. Will the placement of the structure impact utilities? initiated by the filing of an nent and shall be set for fie rules established by the lopment Department. The :onsider these factors when and circulation- patterns? above or below ground 15.10.3 Owasso Board of Adiustment. The,`Owasso Board,of Adjustment (BOA) shall hold the public hearing and,may, upon the concbffing vote ofJhree (3) members, grant the Special Except ' lorv.aff&.,�ffr�ding that the;�pecial Exception will be in harmony with the spirit and intent' of the -code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The Board, in granting a`Special Exceptiorii -shall prescribe appropriate conditions and safeguards and�may require such evide6c2 and guarantee or bonds as it may deem necessary to enforce;complidnce wj }h the conditions attached. 15.10 4 Mme Limitations on Special Exceptions. A Special Exception which has not been utilized within ''one (1) year from the date of the order granting the Special Exception shall thereafter be`yoid, provided that the Board has not extended the time for utilization br, the purpose of this provision, utilization shall mean actual use or the issuance of a Building Permit, when applicable, provided construction is diligently carried to 15.11 ADDeal fo the';District Court 15.1 1.1 Procedure.'` ^An appeal of any action, ruling, decision, judgment, or order of the Owasso Board of Adjustment (BOA) may be taken by any person or persons aggrieved, or any taxpayer or officer, department, board, or bureau of the City to the District Court, by filing with the City Clerk and with the Secretary of the Board within ten (10) days from the date of such action a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, the City Clerk shall transmit to the Court Clerk of the County the original or certified copies of all the papers constituting the record in the case, together with the order, decision, or ruling of the Board. Said case shall be 102 heard and tried de nova in the District Court of Tulsa County or Rogers County, Oklahoma. An appeal shall be from the action of the District Court as in all other civil actions. All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings. Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, in bad faith, or with malice in making the decision being appealed. 15. 11.2 Stay of Proceedings. An appeal to the District Court stays all proceedings in furtherance of the action appealed unless the chairman:of the Board certifies to the Court Clerk, after notice shall have been filed, that byieasons of facts stated in the certificate, a stay would cause imminent peril to life or 0 7aperfy. In such case, proceedings shall not be stayed other than, by a restraining order granted by the District Court. 103 CHAPTER 16 ZONING CODE AND ZONING MAP AMENDMENTS 16.1 General Description. The regulations, restrictions, prohibitions, and limitations imposed and the districts created by the Owasso Zoning Code may from time to time be amended, supplemented, changed, modified, or repealed by ordinance, but no change shall be made until the Owasso Planning Commission, after notice and public hearing, makes a recommendation to the Owasso City Council, after which the City Council takes final action to approve and an ordinance is recorded. 16.2 Policy on Zoning Map Amendments. It shall be the policy of the City of Owasso, Oklahoma that, in consideration of proposed amendments to this Code, amendments will be adopted to recognize changes 1p fhe Land Use Master Plan, to correct error, or to recognize changed or changing-cor4 ions in a particular area or in the jurisdictional area generally. Zoning map am "must must be in compliance with the Owasso Land Use Master Plan and should employ sound planning and land use practices. The Official Zoning Map for the City of Owasso shall be 16.3 Zoning Text Amendments. The Owasso Planhfi may, or at the direction of the Owasso City giving notice thereof of a proposed text an hearing, the Planning Commission shall make a Council.`.....;.,, @pt by the City. Clerk nission, upon its;own motion, shall, hold a public hearing, it. After holding the public rendation to the Owasso City 16.4 Zoning Map Amendments. 16.4.1 Application. An amendment to the Zoning Map shalLbe initiated by the filing of an application with ;;tta'e ,Community [velopment Department, and shall be accompanied,by an application fee Costs of n6tipe and ordinance publishing'shall be billed to the applicant. After the appfication,,is,re,ceived, the iterh shall be set for public hearing with the Owasso Planning�C,ornimissionand the Owasso City Council. 16.4 .2 Nonce ,&e wired The Owasso P( i ng Commission shall give twenty (20) days' notice of ci public hearing on a proposed map amendment by publication in a r newspaper of general circulation and shall include a map of the area to be affected which indicates s1 "r`.eet names "or numbers, streams, or other significant landmarks in said area. Twenty (20) days' ;notice of public hearing shall be given by mailing notice to all property owners within a three hundred (300) foot radius of the exterior boundary of the subject property, or as determined by Oklahoma State Statute. In addition; twenty (20) days' notice of public hearing shall be given by posting a sign on the property sought to be zoned. The notice shall contain: a. Date, time, and place of the public hearing; b. Legal description of the property and the street address or approximate location of the property; c. By whom the public hearing will be conducted; d. Proposed use of the property; and e. Present zoning district classification of the property and the proposed zoning district classification. 104 16.4.3 Owasso Planning Commission Action on Zoning Mao Amendments After notice and public hearing, the Owasso Planning Commission shall vote to either: 16.4.4 a. Recommend to the Owasso City Council that the application be approved as submitted or as amended, or be approved subject to modification. An application recommended for approval or approval subject to modification, shall be transmitted, with the report and recommendations of the Owasso Planning Commission, to the Owasso City Council within fifteen (15) days of the date of Planning Commission action; b. Recommend to the Owasso City Council that the application be denied. An application recommended for denial shall be transmitted, with the report and recommendations of the Owasso Planning Commission, to the Owasso City Council within fifteen (15) days of the date of Planning Commission action; or c. In the event that the Owasso Planning Commission "arrives at a tie vote it shall be transmitted, with a report and notation of the tie.uote, to the Owasso City Council within fifteen (15) days from the date of Planning Commission action. shall hold a hearing on each application transmitted, al shall approve an ordinance approving the application; u or shall deny the application. The Owasso City Council �d after th&, public hearing submitted or as , amended, 105 CHAPTER 17 SPECIFIC USE AND TEMPORARY USE PERMITS 17.1 Specific Use Permits. 17.1.1 Purpose. This Section provides a discretionary approval process for Specific Use Permits (SUPS), which are required for uses that have unique or widely varying operating characteristics or unusual site development features. The uses classified as specific uses tend to more intensely dominate the area in which they are located than do other permitted uses in the district. Care should be taken to integrate specific land uses with other uses in the area and to prevent adverse impacts on the community at- large. The procedure encourages public. review and evaluation of a use's operating characteristics and site development features. This review process is intended to provide assurance to the community thaf such uses will be compatible with their locations and surrounding land uses and will further the purposes of this Code. 17.1.2 Relationship to Site Plan Requirements. A conceptual Site Plan shall be submitted with a Specific Use Permit (SUP) application. The formal Site Plan that is submitted later shall be in substantial compliance with the conceptual Site Plan approved by the Owasso Planning Commission and Owasso City`Council. 17.1.3 Procedure. The following review procedure shall be followed for Specific Use Permits (Sups): a. A pre - application conference' shall be held: with the Community Development Department prior to submitting an application; b. Application submittal; c. The Comrnunify,Development Department Staff shall make a determination of application completeness; `. d. Notice published twenty (20) doys=,prior to public hearing; e. Staff report; f.: Public hearing':at the Owasso Planning Commission; g Recomr pndation,is made by the Planning Commission to the City Council; h. Public hedrjpg at the;Qwasso City Council; and i. Decision findlings, and final action. With, the exception of the following modifications, the standard development review procedures for amendments to the Official Zoning Map shall apply. 17.1.4 Owasso`'Plannina.:Commission Review and Recommendation. The Owasso Planning Commiss`igh =,shall hold a public hearing on the proposed application and: a. Recommend approval; b. Recommend approval with modifications and /or conditions; or c. Recommend denial. The Planning Commission may recommend conditions on the use as part of the approval to assure adequate mitigation measures are associated with the use. The conditions shall become a part of the Specific Use Permit (SUP) approval and shall be included as part of the Site Plan. The recommendation shall be referred to the Owasso City Council for final action. UZ 17.1.5 Owasso City Council Review and Action Upon receipt of the Owasso Planning Commission's recommendation, the Owasso City Council shall: a. Approve; b. Approve with modifications and /or conditions; c. Deny the application; or d. Request that the application be further reviewed by the Owasso Planning Commission. 17.1.6 Indication on the Official Zoning Map Required A zoning change is not required for Specific Use Permits (SUPS); however, the location of each approved SUP shall be indicated on the Official Zoning Map as follows: "SUP A, -XX" (the number of the request for an SUP). 17.1.7 Approval Criteria. A Specific Use Permit (SUP) may be approved only if the Owasso City Council finds that all of the following criteria have been met: a. The proposed use is consistent with'the most recent version,of the Land Use Master Plan and all applicable provisions of this Code and applicable State and Federal regulations; b. The proposed use is consistent with the purpose and intent of the zoning district in which it is located; c. The proposed use is consistent with any applicable SUP standards; d. The proposed use is compatible, with _adjacent` uses in terms of scale, site design, and operating characteristics: (hours of operation, traffic generation, lighting, noise, odor, dust, and,otherexternal m. pacts); e. Any signifiddh #.'adverse impae#5.`anticipated to result from the use will be mitigatedar offset to the maximum extent practicable; f. Facilities and services (including, sewage and waste disposal, water, gas, electncity, police :and fire protection, and roads and transportation, as applicable)-.will fie available to serve the subject property while maintaining adequate levels of service #or:xisting development; and g. Adequate assurances of continuing maintenance have been provided. 17,111 Conditions of App`f vat Std f ,shall recommend conditions for the Specific Use Permit (SUP) if the use is bxpectedTo have adverse effects on surrounding land uses or ;residents. Potential:conditions may include screening, landscaping, height, setback, site layout, or other:conditions as determined by Staff. Following approval "a Site Plan meeting the conditions specified in the SUP shall be required ,of the` - applicant and shall be submitted and processed. Any of the conditions imposed by the SUP shall be considered as conditions precedent to the granting ofd Building Permit for the specific use allowed. The SUP is valid only for the use for which it was approved. Any changes or alterations of the use, other than what the SUP allows, shall constitute a violation of the Owasso Zoning Code and be subject to penalties as described in the Chapter titled "Enforcement" in the Owasso Zoning Code. 17.1.9 Amendments. No approved Specific Use Permit (SUP) may be modified, physically expanded, hours of operation extended, or otherwise altered unless amended in accordance with the procedures applicable to initial approval of a SUP as set out in the Owasso Zoning Code. 107 17.1.10 Lapse. Approval of a Specific Use Permit (SUP) shall become invalid under the following circumstances: a. The conditions of approval are not met; b. The applicant does not obtain a Building Permit or Certificate of Occupancy (C /O) (if required) within one (1) year; c. No development or construction of the approved SUP is begun within one (1) year; d. The approved use is not in operation for more than one (1) year; or e. Any changes that were not a part of the approved SUP are made to the use or structure. An applicant may file an application to renew the SUP :'Such renewal shall occur in the same manner as for original approval as provided in thisSection. SUPS are only valid for the use for which they are approved. No change, alteration, or variation from the approved Permit shall" be permitted, unless the applicant obtains a new SUP. Any extension requests or modifications to the approved plans for SUPS shall be submitted to the Community Development Director: The Director or their designee shall approve or deny the extension or modification request. 17.2 Temporary Use Permits. 17.2.1 Purpose. This Section provides a,discret oaary approval jorocess for Temporary Use Permits (TUPs), which are required for uses 'that are temporary in nature and are usually found in a commercial parking lot -The uses classified as temporary uses tend to more intensely'dgrninate the area = fin ,_ which they are located than do other permitted uses in the" "district. Care slh id be taken to integrate specific land uses with other,uses'in the area and to prevent adverse impacts on the community at- large. The procedure encourages public`review and evaluation of a use's operating characteristics and site, development features. This review process is intended to provide assurance, to1he community that such uses will be compatible with their Ioaations and surrouncfing'lancl uses -and will further the purposes of this Code. 17.2 .2 Permit Required. All temporary uses and structures shall obtain a Temporary Use Permit (TUP) pursuant to',-the procedures set forth in this Section. A TUP shall be reviewed, approved, or revoked only in accordance with the regulations of this ,Section. TUPs shaQ;,S,e valid for a time period no longer than one (1) calendar year from the date of Permit approval. Thereafter a new TUP must be acquired to be in compliance with fhe requirements of this Code. 17.2.3 Permit Exemptions. -Notwithstanding the "Purpose" subheading above in this Section, the following Temporary uses are deemed approved in any district and do not have to obtain d:T,emporary Use Permit (TUP), provided that the proposed temporary use complies with the general requirements below: a. Any event utilizing City property, public streets, or public rights -of -way that is determined to not require a Special Events Permit, provided that the applicant shall coordinate the event with the City of Owasso and comply with any conditions required; b. Garage /yard /estate /moving sales or auctions that comply with City of Owasso requirements; and c. Temporary uses that occur wholly within an enclosed permanent building. fQ 17.2.4 General Requirements for All Allowed Temporary Uses and Structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Code: a. Permanent alterations to the site are prohibited; b. Unless otherwise stated in this Code or in the terms of the Temporary Use Permit (TUP), the temporary use shall expire as indicated on the Permit. The maximum duration for any one Permit is one (1) calendar year after approval of the TUP; c. The temporary use or structure shall not violate approval that apply to a principal use on the sit( d. The temporary use standards of this Section do operator from any other required Permits, spch;c e. A letter from the record property owner giving use; f. If the property is undeveloped, it shall'contain s(. temporary use or structure to occur, as well as c movement that may be associated with -the terT applicable conditions of exempt the applicant or alth Department Permits; nission for the temporary ent land _drea to allow the paved parking and traffic ary use; g. If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use which would support the proposed'.terhporary use without encroaching or creating a negative impact on existi'ng`, buffers, open space, landscaping, traffic movements, pedestrian circulation, or'parking space availability; h. Temporary structures shall' Lie [a' 6't"ed not to- , interfere with the normal operation „,- -' any permanentuselocated on the property; L Adequate sanitary facilities,,; utility, drainage, refuse management, emergency services; and access;and similar necessary facilities and services shallbe available to serve employees, patrons, or participants as determined by Community Development, Public Works, and Health Department Officials; 1 �A Site Plan'slaall beT submitted to the Community Development Department 'iridic,'g1ing placement of structures; k. All City of,,Owasso requirements for food trucks, mobile food vendors, and itinerant veh_dors shall be met; and I. Unless otherwise approved by the Community Development Director or their designee only one (1) temporary use shall be allowed per lot of record. All such temporary uses shall obtain a Temporary Use Permit (TUP) and shall comply with theJollowing ^cldditional standards: a T*11'10e46n and installation of all practicable temporary traffic control devices including signage will be used to minimize traffic congestion; b. Where a tent or similar structure is to be used, the applicant shall comply with the requirements of the Fire Marshal and demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such; c. Signage and lighting for the temporary use shall comply with the Chapters on "Signs” and "Outdoor Lighting" in the Owasso Zoning Code. 109 d. Sign shall be placed on the structure itself and not on public right -of -way or the principal user's property; e. Sign shall not be spray painted; and I. All other applicable requirements in the Chapter titled "Signs" in the Owasso Zoning Code shall apply. 17.2.5 Permit and Application Fees. Fees for Temporary Use Permits (TUPs) are established on the City of Owasso's official Fee Schedule and shall be paid upon application. 17.2.6 Permit Issued. Upon finding that the proposed temporary use satisfies the above requirements, a Temporary Use Permit (TUP) shall be issued and will contain the following: a. The start and end date of the use; b. Signature from the Fire Marshall's Office; . c. Signature from the Community Development Director d. Proof of a valid and current Health Department Licen: e. Any required Permits or other documentation from the City designee; od vendors; and KI CHAPTER 18 TELECOMMUNICATION FACILITIES AND WIND ENERGY SYSTEMS 18.1 Telecommunication Towers. 18.1.1 Specific Use Permit Required. A Specific Use Permit (SUP) shall be required for all telecommunication towers or telecommunication facilities or equipment. All SUP requests for telecommunication towers may be so authorized by the Owasso Planning Commission and City Council, subject to the following additional requirements: 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 from Residential Property. Setback shall be :equal to the tower height, plus fifty (50) feet. c. Array Height. The antenna array'shall not exceed, the tower, height by more than ten (10) feet. d. Guy Wires. All guy wires and guy anchors shall be set back a minimum of twenty (20) feet from any property line. e. Tower Type. The tower is of monopole design,., or one of equal or lesser impact, if located within three'hurrdred and fifty (355D) feet of any RS (Single - Family Residential) district. f. Co- Location. A telecommunlcation� tower must be designed and built so as to be ca p1'7"77 by at lecfsi hree wireless communication providers such as cellu)aror PCS providers using antenna arrays of nine (9) to twelve (12) antennas each within fifteen (15) vertical feet of each other with no more than three (3) degrees twist and�sway at the top elevation. Theo r!'' ,,r and the property on which the tower is located must certify to they City #liat.ahe antenna is available for use by at least two (2) other �wireless',telecommuniaation providers on a reasonable and non - discr'irninatory 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. g.`.Secunty Fencing. The base of the tower shall be enclosed by opaque security fehcing,with a minimum height of eight (8) feet. h. Compliance with Applicable Regulations. The tower is constructed and operated in compliance with the current Federal Communications Commission (FCC) standards and other applicable Federal and State standards. i. Distance from Other Towers. New telecommunication towers must be a minimum distance of five thousand (5000) feet from any other telecommunication tower, unless in a by right district. 18.1.2 am IE j. 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. Replacement of Existina 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. The pole replaced does not obstruct a public sidewalk, public alley, or other public right -of -way; c. Pole appearance and function, except for antenna, are not significantly altered; and d. 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 ten (I f6et; and 2. The height of the original telecommunication tower and antenna array. Placement on Existing Poles. Placement on existing poles is permitted in all zoning districts provided that: a. Telecommunication antennas are permitted ,on existing utility, lighting, telecommunication towers,, and sign structures at or exceeding fifty (50) feet in height; b. The antenna does not exceed the, height 'of the; structure by more than ten (10) feet 1f a non -whip type ottifteeh (15) feet if a'whip type; c. Telecommunication antennas'located on existing structures are not subject to the five thousand (5000) feet separation requirement; and d. If any additions, changes, or modifications are to be made to the monopole, the CoMmunity,;Development Director or their designee shall have the authority to,,,€equlre''proof,_.through the submission of engineering and structural data, ,that the addition, change, or modification conforms to structbral wind Iocid -and all other requirements of the current Building Code adopted' he City`of Owasso. ,f Mounted Telecommunication Antennas. Roof - mounted telecommunication ennas are 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) 'Jeet and are located no closer than fifteen (15) feet to the perimeter of the building; c. 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; and d. Roof mounted antennas and associated equipment may either be screened with enclosures or fapades 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. 112 18.1.5 Mounted Telecommunication Antennas (Non -Whip) Building Mounted Telecommunication Antennas of the non -whip 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 thirty (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 placed 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, and d. When an application is made,, far a Building Permit to locate a telecommunication antenna on an r existing building or `other structure, 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 fhe existing structure as it would appear viewed from the closest residential,prpperty. The applicant shall also submit photographs of, the same views showing current appearance of the site without the proposed Idnfenna. 18.1.6 Distance Measurement. Distances in this Section shall be timeasured along a single straight line between the center *. -the tower'bpse and the nearest point on any property line of identified historic property or single-fzimily residential or a more restrictive zoning districttor use. For,the „'purposes of applying restrictions set forth in this Section, "single- family, residential',-, or more restrictive zoning district or use” excludes property that is:'. a. Used as public or, secondary educational facility; b Used as a public college or university educational facility; c -Owned- by the U.S., the State' of Oklahoma, Tulsa County, Rogers County, or the City ,of Owasso, and not used for RS -3 (Residential Single - Family High Density) orrnore reactive residential uses; d. Used as a cei7letery; or e. Occupied by non- residential, non - conforming uses. 18.1.7 Exceptions and Exemptions. A telecommunication tower that fails to meet the requirements ofAhiis Section may be authorized by obtaining a Specific Use Permit (SUP) thrau"ebwasso City Council. 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. 18.2 Small Cell Facilities - Private and Right -of -Way. 18.3 Wind Energy Systems. 18.3.1 Purpose. The purpose of this Section is to provide standards that will protect the health, safety, and general welfare of the public and achieve the following: a. Provide design criteria that establish minimum requirements for wind energy systems and commercial wind energy systems as defined herein to ensure the safe installation of wind towers in the City of Owasso; and 113 b. Promote energy savings and the use of green infrastructure. 18.3.2 Applicability. The requirements of this Code shall apply to all small wind energy systems and commercial wind energy systems proposed after the effective date of this Code. Wind energy systems for which a required Permit has been properly issued prior to the effective date of this Code shall not be required to meet the requirements of this Code; provided, however, that any such system shall be installed and functioning Within twenty -four (24) months of the date of the Permit. Any system that has been installed, but not used for two (2) consecutive years may not be subsequently used without meeting the requirements.of this Code. No pre- existing system shall be altered in any manner that would increase the degree of non - conformity with the requirements of this Code and no alterations shall be made to a non - conforming pre- existing system during its life which exceeds fifty (50) percent of its fair market value. If such system is destroyed or damaged to the extent of more than fifty (50) percent of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this Code. 18.3.3 Wind Energy System Requirements. The not -to- exceed height of wind energy system structures shall vary with the size of the lot: a. For property sizes less than one (1) acre in size the total height shall not exceed fifteen (15) feet; b. For property sizes between one (1) acre and two (2) acres, the total height shall not exceed sixty (60) feet; c. For property sizes between two (2) and five (5) acres, the total height shall not exceed. eighty (80) feet; and d. For property sizes greater than five (5) acres, the total height shall not exceed one hundred (100) feet. Figure 18.1 Wind Energy System Total Height 114 18.3.3.1 Location. No wind energy system shall be located in any front or side yard. 18.3.3.2 Setbacks. The following setbacks will be adhered to: a. Property lines. A wind energy system shall be set back from the nearest property line, public road right -of -way, and communication and electrical line not less than one and a half (1.5) times the total height of the wind turbine. b. Inhabited Structures. A wind energy system shall be set back from the nearest inhabited structure not less than one and a half (1.5) times the total height of the wind turbine. 18.3.3.3 Design Standards. The following design standards will be to: a. Monopole or Freestandina Design. The design of the wind energy system shall have no guide wires or attachment appurtenances other than the main pole structure. b. Minimum Blade Height. For towers in excess of thirtyy'(30) feet in height, the minimum height of the lowest extent of a turbine blade shall be thirty (30) feet above finished grade (see Figure 18.2) "and shall be separated from any structure (i.e. house, shed, barn, recreational element) not less than 1.5 times the blade height from said structure (see Figure 18.3). Figure 18.2 L. Wind Energy System Minimum Blade Height �� 115 18.3.3.4 c. Access. No tower shall have a climbing apparatus within twelve (12) feet of the ground. All access doors or access ways to towers and electrical equipment shall be lockable. d. Noise. No wind energy system shall exceed sixty (60) dBA as measured at the nearest property line or fifty (50) dBA as measured at the nearest neighboring inhabitable building. Should a wind tower produce an undulating pattern of noise or vibrations, which cause distress to nearby residents, said :tower may be deemed a nuisance and worked as a code violation. e. Visual Appearance. Wind energy systems; shall be finished in a rust - resistant, non- obtrusive finish and color thdt`is- ngCl- reflective. No wind energy system shall be lighted'unless required by the FAA. No advertising signs of any kind ornature whatsoever shall be permitted on any wind energy system. ° No transmission equipment shall be installed onthe tower. All equipment shall be screened with either a six (6) foot opaque fence or with evergreen vegetation not less than-siX; b. Elevations. Elevations shall be provided of the site drawn to scale showing the height, design, and configuration of the wind energy system and the height and distance to all existing structures, buildings, electrical lines, and property lines. c. Engineering Specifications. Standard drawings and an engineering analysis of the systems tower including weight capacity shall be provided. d. Foundations and Geotechnical. A standard foundation and anchor design along with existing soil conditions and specifications for the soil conditions at the site. e. Tower Specifications. Specific information on tiie type, size, rotor material, rated power output, performance, safety, ano noise characteristics of the system including the name and address of#he, manufacturer, model, and serial number. f. Safety Measures. Emergency and normal shutdowh_procedures shall be provided as part of the application for a wind energy,system. g. Electrical Connection. A line drawing of the electrical cothponents of the system in sufficient detail to establish that the' installation conforms to all applicable electrical codes shall be provided along with evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator (unless the system will not be connected to the electricity grid.) 18.3.4 Non -Use. Any wind energy system which complies with the terms of this Code which is not used for two (2) years, excluding repairs; shall be removed within the following six (6) months. Failure to remove the systemr shall be deemed a violation of this Code. Any small removed within the fc deemed a violation of 18.3.5 tem or 66trimercial wind energy system which is non - not used`for one (1) year, excluding repairs, shall be ig six (6) months. Failure to remove the system shall be ✓ate covenants or deed restrictions may prohibit the ly'syst6ms. -The City of Owasso does not enforce private shall not preempt private covenants. WA CHAPTER 19 SIGNS 19.1 Purpose. The purpose and general intent of this Chapter is as follows: a. To establish standards and guidelines for the design, erection, construction, 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; b. 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 of`tHe City of Owasso; c. To provide for the issuance, within the City; and d. To provide for the removal of any sfgnthat is in with the intent and purpose of this Code. 19.2 Calculating the Area of a Sian. The area of a sign shat entire area within a sign, whether such sign is a parallels circle, including all of the display area of one side and.i cornice, hood, awning, wall, or similar ornamental or with the sign in such a manner as to appear to be the including all of the elements of which such sign is placed in relatic that the area of 4 +Nall:�sign shall characters, le}ter's, illustrations, insic of signs of be computed to include the Dram, triangle, circle, or semi - tny part of the surface of any tructural feature that blends background of the sign, and regardless of the angle at tentage; provided, however, computed to include only the area in which or logos are depicted. 19.3 Signs Not Requiring Permits t A Permit shall not be required for the following types of signs, provided ,jhat sai& gns shall be subject to all other provisions of this Code. 19.3.1 Non - Profit Signs Signs irS connecfion witfi a non - profit, community or neighborhood center publiic facili)y;,pla`ce, of wor fi)p, or educational institution are exempt from the Sign Perini# -fee buizshall adhere to the following restrictions: a. Signs ar6-1jmited ta�a period not exceeding thirty (30) days and must be removed after this period expires. There is no limit as to the number of thirty (30) day increments in any one calendar year, however the sign must be removed within three (3) days after the event is over; Applicants -shall provide evidence of their tax exempt status; C. Sfgns must be approved by the Director of Community Development or their designee and contain a Site Plan indicating the location(s) of said sign($) and the "time duration of the sign shall be provided; d. Only two (2) signs shall be allowed per lot of record except as approved by the Community Development Director or their designee; e. All other restrictions of this Section shall still apply; f, Signs may be placed in the ground, attached to a pylon or ground sign, or affixed to the building; g. Signs may not be placed within sight triangles as described in the Chapter titled "Site Design Standards" in the Owasso Zoning Code; at h. Signs shall not be placed in the public right -of -way under any circumstance; i. Banners are attached to buildings and do not exceed forty (40) square feet in area; and j. All signage for special events (carnivals, trail days, Gathering on Main, etc.) are exempt. 19.3.2 Grand Opening Signs. Grand opening signs are allowed as follows: a. The signor signs shall not be displayed more than fourteen (14) days; b. There shall be only one (1) grand opening sign allowed per business, and this grand opening must occur within thirty (30) days from the time the business first opens to the public at a particular location; c. Signs otherwise prohibited may be allowed as temporary signs as long as they do not endanger the public health, safety, or welfare, upon approval of the Community Development Director ortheir designee. _ 19.3.3 Sports Field Signs. Temporary signs at City or school sports fields do' not require a Permit and will not be required to follow the prbvisions,of =this Code. 19.3.4 Sport User Group Signs. Sign Permits are not required for sport user groups that are under contract with the City of Owasso to operate.,youth sports leagues on City - owned property. 19.3.5 Real Estate Sians. One (1) real estate sign qot exceeding eight (8) square feet in area for residentially zoned areas or thirty -two (32), square feet fare 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`Igcated does not require a Permit. 19.3.6 Open House Srans. One;(1) directional or open house sign not exceeding two (2) square feet. in'area located on the private property of the premises upon which the sale is located does not require a Permft"Additionally, one (1) 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 19.3.7. ; "Business Sian s One (1) 6bn- illuminated, non - activated nameplate or occupational sign not exceedirig,two (2) square feet in area and attached flat against a building, providing only the 'flame, address, and occupation of the building tenant or owner does not require aTermit. 19.3.8 Flags. An official flag of the United States, the State of Oklahoma, or Native Ametican Tribe that'is made of cloth or a cloth -like material and is designed to be flown from a pole does not require a Permit. This shall not include banners, signs, streamers,: balloons, or feather flags that are colored in such a way as to look like the official flag,.,o� the United States, the flag of the State of Oklahoma, or Native American Tribe flags. 19.3.9 Historical Markers. Non - illuminated, non - reflective memorial signs or signs bearing the name of the building and date of erection do not require a Permit, 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. 19.3. 10 Legal Notices. Legal notices and identification, informational, or directional signs constructed by government agencies or in compliance with their regulations do not 119 require a Permit. 19.3.11 Political Signs. Political signs, not exceeding sixteen (16) square feet in area, which make known the name of and information concerning a political campaign of any nature do not require a Permit, provided that: a. That no political sign shall be placed in or on the public right -of -way; and b. 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. 19.3.12 Garage Sale Sian. Garage sale signs do not require a Permit. 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 or located" farther than the nearest major arterial roadway from the site of the sale and shtilf.b e removed immediately at the conclusion of the garage sale each day. 19.3.13 Service Station Signs. Signs that are attached to gasoline pumps or other similar dispensing or servicing devices are allowed, ds'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 penno -Ws at service stations. Signs ,that display gas prices up to twenty (20) square feet are permitted. 19.3.14 Awning or Canopy Lettering_ Non -illu awning or canopy, and conforming awnings /canopy type signs do7hof ree 19.3.15 Contractor Signs. Contractor signs nd residential districts and signs not.exc districts placed within the area 6r,Jo Contractor signs are ,limited to one-1-:0'.1111 constructed or locdted =,that it will ,,t traffic or witnin the public; right-of-w( shall be removed from the' site within 19.3.16 Window Signs. designed; to be signs are iinated vinyl or plastic lettering affixed to any to the provisions of the Section related to ire a Permit. rper lot of recorc pct the view of Contractor signs ;n (7) days after >nwindows and not the property do not permitted. Liaht Pole Banners and Bracket Signs. Banners which are attached to light``poles which do not accommodate a traffic signal or e144ctrical distribution do not require a Permit. The light Ades must be private poles located on private property. Utility poles in the public right -of -way shall not,have any sign" 6e posted at any time. Said signs shall be in aim' etal typ&bracket and the sign shall be no greater than e1614,(8) square feet (2 foot wide by 4 foot long). A maximum of such signs may be placed on a light pole and only fifty (50) percent of the total light poles on the property may have said signs (see Figure 19.1). 16) square feet in area in I_'square feet in all other do not require a Permit. 1. Such signs shall not be Figure 19.1 Light Pole Banners and Bracket Signs B SE MAX EACH SIOE 19.3.18 Community Interest Signs. Any other sign that the Community Development Director or their designee deems of a public or community wide interest does not require a Permit. 19.3.19 City Banners or Signage Banners or signs displaying information from the City of Owasso (including character banners, event banners, or parade banners) do not require a Permit. 19.3.20 Sandwich Board Signs (A -Frame Signs). Sandwich board signs, also known as a -frame 120 signs, are allowed only on the sidewalk in front of the business in Commercial Districts during business hours and do not require a Permit. They must allow for a clear path of travel at all times, are not allowed on a public sidewalk or right -of -way, and shall not interrupt pedestrian activity. 19.3.21 Vehicle Wrap Signs. Signs that are shrink- wrapped on personal vehicles do not require a Permit. 19.4 Prohibited Sians. The following signs classified by location, type, and content are prohibited. 19.4.1 Location. No sign shall be permitted to extend into, above, or be placed in or on any portion of a public street, avenue, or alley. No sign shall be painted, pasted, posted, printed, or nailed to or on any curb, sidewalk, tree, light pole in a public right -of -way, 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. The exceptions to this are areas covered by an overlay district, identified on the Official Zoning Map of the City of Owasso. No sign shall be constructed so as to obstruct any fire escape, fire department connection, 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. 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 orunderground water. No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard,.canses the potential:irOpediment to rescue personnel in the event of an emergency, or which constitutes a.public nuisance. 19.4.2 Type. Any sign not specifically permitted in a zoning district, including temporary signs, shall be prohibited within such zoning district. 19.4.2.1 Portable, Snipe, Mobile, Vehicular, or Banner Sians. Portable, snipe, mobile, vehicular, or freestanding. banners (unless approved elsewhere in this Code) shall not'be allowed within Owasso City Limits (see Figures 19.2 and 19.3). Figure 19.2 Portable Sign Figure 19.3 Snipe Signs Signs painted on any vehicle or trailer which is regularly parked on any street or private property, when one of the purposes of so locating such vehicle is to display, demonstrate, and advertise or attract the attention of the public, are not allowed within the City. It is not a violation of this Chapter merely to have a common logo of a business sign painted on a company vehicle regularly engaged in the business of the owner. 121 When it is determined by appropriate authorities that a vehicle is being regularly parked in a manner that violates this Chapter, the City of Owasso will issue a single notice of warning to the owner of the vehicle, who will be provided an opportunity for an informal hearing by the Community Development Director or their designee. 19.4.2.2 Billboards. Billboards are not permitted within Owasso City Limits. 19.4.2.3 Gooseneck Reflectors. Gooseneck reflectors and Figure 79.4 lights (see Figure 19.4) shall be permitted only on Gooseneck Reflectors ground signs, roof signs, wall signs, and works of art, provided that the reflectors shall be equipped with proper glass lenses concentrating the illumination i upon the area of the sign or work of art so as.,to prevent glare upon the street or adjacent property.,,- Gooseneck Reflectors are not allowed on pole signs. 19.4.2.4 Spotlights and Searchlights. Lights ( attention to a place or business are approved by the Community Develol to shine up into the sky to draw d within Owdssb.City Limits unless 19.4.2.5 Digital Signs and Message Boards. Digital,sigr listed herein shall not be allowed. No such,:+' residential district. Such signs must have an eigf screen change or image, must. .not display full vii directed toward any adjacent, resldential district )r their designee t meeting the requirements shall be permitted in any second delay between any at any time, and shall not be n;five hundred (500) feet. 19.4.2.6 Moving and Flashing Signs. No'movng or flashing sighs shall be permitted in any district. 19.4.2.7 Nuisances No slgn,shall be perrnitt d"that emits'dudible sound, vapor, smoke, odor particle37 or gaseous matter. 19.4.2.8 Placards. - Leaflets, antl Handbills. No, placards, leaflets, handbills, or similar signs shall be' placed on theexterior wall or window of any building, attached to utility poles, public] property; or placed on vehicles in any district. 19.4.2.9 . Corporate or CornmerciaV' Flags,,' No corporate or commercial flags shall be permitfed,in any zoning district that exceeds thirty -five (35) feet in height and /or fifteen (I 5) square feet in area, including those corporate or commercial flags containing logos. Additionally, corporate or commercial flags shall be limited to one (1) flag pei iusiness`entity. 19.41', Works of Art. ,All works of art are subject to approval from the Community '°Development Director or their designee. 19.4.2.11 Advertisina Sigh's /Off- Premises). It shall be unlawful for any person to construct, erect, or maintain any off - premises advertising sign in any zoning district in the City. 19.4.2.12 Roof Sions. It shall be unlawful for any person to construct, erect, or maintain any roof sign in any zoning district in the City, except as allowed in the Downtown Overlay District. All roof signs must adhere to City of Owasso Building Code standards and regulations. 19.4.2.13 Balloons and Inflatable Signs. Street banners, pennants, ribbons, balloons, inflatables, streamers, strings of light bulbs, spinners, or other similar materials and devices, illuminated or non - illuminated, that are used to attract the attention of clients, potential customers and /or the general public are prohibited, except when allowed for a special event by the Community Development Director or their designee. 122 19.4.2.14 Feather Flag or Banner Flag, It shall be unlawful for any person to construct, erect, or maintain any feather flag or banner flag in any zoning district in the City. 19.4.3 Content. 19.4.3.1 Obscene Matter. No person shall display upon any sign or other advertising structure an obscene, indecent, or immoral matter as determined by the Community Development Director or their designee. 19.4.3.2 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 reasonably be confused with traffic signs. No sign shall be erected or constructed in any district; nature, tend to be confused with or obstruct sight of by motorists or pedestrians, or which would otherwise safe and efficient operation of vehicles, or would crec endanger the safety of any person. 19.5 Permitted Signs. Tables 19.1, 19.2, 19.3, 19.4,­ 19.5, and 19.6 signs for each zoning district and the restrictions for each -si each type of sign can be seen in Figures 19.5, 19.6, 19.71 1? 19.13, and 19.14. Additional requirements as outlined ih th Districts" in the Owasso Zoning Code may be applicable. h would, by its color or signs or traffic signals >titute a hazard to the condition which might gn type. € 8, 19.9, 15 Chapter permitted oles of 19.11, 19.12, 123 d a O 2 O U a U 2 C OU N O O a m - c c a o o � as .0 U U a U N L u .�- U U E O` C a T a 3 a 0 0 U 7 0 O Q) � U a 0 o Q � - N a :.4) a' O. 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E O° C F E -_ N C O O'x E ° n m E -UO0 _6 > c U -r 2 0> (D a Oa)D c° O U o a00O�� O ° a 3 o a a° m m 0 a) ` Q Q U o G N N Q U O -0 U m O U C x N N'c, c a 6 O- O 0 a U, -0 a 0 01 L `0 U N L ° a s .L- O x O 0 6 c N _6 -0 ._ 0 o '7 N T ` p- c O" 0 a 0 U U y a° U p .-., a o �. a O N m 0 O'G .n .O a) E OU a a° C .O O >� N a L O N N° ch a a G O 4 Oa1.o� L a L O- O `) a a) m a) 0) c O p c 0 p7_ 0 0 0 0 a) L »L- o N a d 6 C L O)� O 0 0- N w Q Q a) N - Q Ox, '; 0 O .E `.°C a) _ 0.- N _ N Q C 3 L -- c Q) L -' a `_ N N 0 c aoi m o 0 _° + O �0 °E Eco�a) Nc� °��c�a �ao�� �ac�OE'` E0o�3°°a�aaa) ON- °a o (D-d (D 0 aco00 () U O) 3 03ao° 0 m5N U ° NNo6 c'ona E p Ci C': 61 O c O .= a) c 4) ci J d E E' E •Q +- O L N a) U O E 7 L j� 7 0 t/1 a U E j O) c a) O z) 0 E 0) C) O o) Q O O .N� 0 ... 3 'X a) 0 L L a 6 0 0„ �' x vOi L E x X 4? .6 L x a Qi L L L cX �VD) h O Z Z �N C° i5 3 ID Q tnN aZ <Q ah U <<d. .° Q G'-O a) aW • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • o � m C j 6 U G N - a O 0 0 O M Figure 19.5 Area Marker Sign Figure 19-7 Bulletin Sign SALE SALE SALE Figure 19.6 Awning Sign Figure 19.9 Canopy Sign Figure 19.8 Business Sign ors E LON 133 Figure 19.1D Pole Sign Figure 19.13 Projecting Sign I Figure 19.11 Monument Sign Figure 19.12 Marquee Sign Figure 19.14 Wall Sign 134 19.5.1 Diaital Sianaae. This Subsection shall reference all LED, digital, video, electronic or similar type signage. The following conditions shall apply to all digital signage: a. All digital signage shall be counted towards the allowable signage area; b. Only static images shall be allowed; c. No video or motion shall be allowed; d. A minimum of eight (8) second delay between static images shall be required; e. Brightness shall be turned down during non - daylight hours; and f. No digital signage facing any residential district shall be allowed within five hundred (500) feet. Any nuisance caused by digital signage shall be subject to Code Enforcement. 19.5.2 Determining Sian Measurement and Area.. For a sign which is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame and shall be based upon the outer dimensions of the frame or cabinet (see Figure 19.5). Flaure 19.15 Slgn Area and Dimensions INDIVIDUAL LETTERS PLACE JO CI BOY ��v/ WITHIN A CABINET FRAME REALLY GOOD `PIZZA For a sign comprised of individual letters, figures, or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or Q combination of regular geometric shapes, which form, or approximate, the dmeter of all elements in the display, the frame, and any applied background that is �f part of the :architecture of the building. When separate elements are org lied to form a single sign, but are separated by open space, the sign area and dimensions shall: be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements (see Figure 19.5). Minor appendages to a particular regular shape, such as an apostrophe, as determined by the Community Development Director or their designee, shall not be included in the total area of a sign. 19.5.2.1 Freestanding Scans. For a freestanding sign, the sign area shall include the frame, if any, but shall not include: a. A pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display 135 device, or a part of a display device. b. Architectural features which contain no lettering or logos, that are either part of the building or part of a freestanding structure, and are not an integral part of the sign, and which may consist of landscaping, building, or structural forms complementing the site in general (see Figure 19.6).. Fiaure 19.16 Calculating Sign Area for Freestanding Signs Sign Area 81 4MMY Y$, +txlr - „,i Sign Area Nl Air under Sign Not Counted in Sign Area Base under Sign Not Counted as Sign Area 194119.2 Multi -Faced Signs. The sign area for a sign with more than one face shall be determined by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back -to -back or at an angle of forty -five (45) degrees or less, and when such sign faces are part of the same sign .structure, the sign area shall be determined by the measurement of one of the faces. Where the two (2) sides of a multi -faced sign are not of equal size, the larger of the two (2) sides is used to determine sign area (see Figure 19.7). 136 19.5.3 Figure 19.17 Multi -Faced Signs Determinina Sian Height. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign, except as provided in the following paragraph. A freestanding sign on a man -made base, 'including a graded earth mound, shall be measured from the Figure 19.18 grade of the nearest pavement or top of any Sign Height pavement curb. Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the . freestanding sign orsign structure, then the freestanding' sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure (see Figure 19.8). Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any' framework or other embellishments. nE THE MYL 19.6 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 Unified Sign Plan 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 this Section is to provide for some flexibility in the sign criteria of this Code that promotes superior design 'fhrough 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 Sign Plan. All Unified Sign Plans are subject to the following restrictions: a. All Unified Sign Plans shall include the location, size, height, construction material, color, type of illumination, and orientation of all proposed signs; 137 e5•AND UNDER OvEA 05' SIGN G� G G r N N N 2 SIDED FLAT SIGN 2 SIDED ANGLED SIGN 2 SIDED SIGN OVER 45' 45' OR TINDER MDWM N] ' =SIGN AREA WIDTIiIRJIWM1SIGN APEI. WIDiN x IISGM. SIGN AREA MM. AREA Determinina Sian Height. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign, except as provided in the following paragraph. A freestanding sign on a man -made base, 'including a graded earth mound, shall be measured from the Figure 19.18 grade of the nearest pavement or top of any Sign Height pavement curb. Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the . freestanding sign orsign structure, then the freestanding' sign or structure's height will be measured from the roadway grade level to the highest point of the freestanding sign or sign structure (see Figure 19.8). Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any' framework or other embellishments. nE THE MYL 19.6 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 Unified Sign Plan 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 this Section is to provide for some flexibility in the sign criteria of this Code that promotes superior design 'fhrough 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 Sign Plan. All Unified Sign Plans are subject to the following restrictions: a. All Unified Sign Plans shall include the location, size, height, construction material, color, type of illumination, and orientation of all proposed signs; 137 b. All Unified Sign Plans shall be reviewed by the Owasso Planning Commission and shall conform to all conditions imposed by said Commission prior to the issuance of a Sign Permit; c. 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; d. 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; and e. Unified Sign Plans may not include any 19.7 Administrative Provisions. Except where o provisions herein described shall govern all sigr 19.8 Permits Required. No person shall constru extend, relocate, attach to or support by ,d Permit for such sign has been issued by.the specifically exempted from Permit requiremen It shall be unlawful to change, modify, alter, conditions of a Sign Permit. After a sign has been const Development Director or their of same if it is in compliance v Development Director or their necessary, inspect all,signs or o the purpose of,'ascertgining wh( repair. 19.9 Permit RevocS Section or am Development 19.10 Construction: ,construction -r. 19.,10..1 .. Materials. All rights and idment thereto the administrative City of Owasso. ;t, structurally alter, rebuild, enlarge, uuilding or structure °any sign unless a City of Owasso, or unless such sign is S. )r otherwise deviate from the terms or the applicant ,shall notify the Community 'who shall inspect such sign and approve the provisions of this Code. The Community -e , may; from time to time as they deem ejising structures' regulated by this Code, for secure or whether it is in need of removal or be as follows. acquired under the provisions of this licenses revocable by the Community ation of the provisions of this Code. Provisions related to 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 Pylon Sign/Pole Mounted. All ground signs /pole mounted, shall have a surface or facing of non - combustible materials or material approved by the Community Development Director or their 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 their designee. e. Marquees. All marquees, including the anchors, bolts, supports, rods, and braces thereof, shall be constructed of non - combustible materials and approved by the Building Inspector. f. Wall Signs. All wall signs shall have a surface or facing of non - combustible 138 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. 19.10.2 Letters, Bracing, Anchorage, and Supports. a. Awnings. Every awning shall be securely attached to and supported by the building. b. Ground Sian /Pole Mounted. All letters, cut out or irregular form, maintained superimposed upon any ground sigr securely built or attached to the sign si of standardized, changeable lettering ground signs /pole mounted shall be se upon foundations, posts, standard's,,, support the sign. figures, character, or representation in in conjunction with, attached to, or /pole mounted shall be safely and vcture.` This does not exclude the use securely mounted on sign forms. All cutely built, constructed, and erected x supports designed to adequately c. Ground Siqn /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 shalt be securely built, constructed and erected upon foundations, posts, standards, or supports designed to adequately support the sign. d. Marquees.;, Marquees shall be supported solely by the building to which they are attacYi'ed,arid_no columnsk,or,posts shall be permitted as support. e. Wall Signs. All wall signs shall be safely and securely attached to the building 19.10.3 Maintenance. All, sighs - affixed or attached to the ground or surface and the premises surrounding: the same shall be maintained by the owner or occupant i.1hore6f-1h d clean, sanitary, and' inoffensive condition, free and clear of all obnoxious substances; rubbish, andleweeds. Furthermore, all signs or other advertising structures governed by this :Code upon inspection by the Community Development Director or their designee and�upon d`finding that a sign is damaged or in need of repair, the ` - Community Deveo0ment Director or their designee may order the repair or removal � of,,said sign. "' 19.10.4 Other Requirements: All signs governed under this Code shall be designed and constructed according to the City Building Code. 19.11 Permit Fees.. 19.1 1.1 Permit Fees, being granted a Permit, every applicant hereunder shall pay to the Community Development Director or their 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. A double Permit Fee shall be charged for failure to make application for a Sign Permit as required. 139 All fees are exclusive of required Electrical and Building Permit Fees. Fees for all signs are included in the Community Development Fee Schedule as adopted by the Owasso City Council. 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 referenced Fee Schedule. 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 (USP) is submitted. 19.12 Non - Conforming Signs. A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohtb ted under the terms of this Code or amendment thereto shall be deemed noh conforming. Said signs shall remain non - conforming and may continue subject to the following provisions: a. 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; b. Permanent, non - conforming signs may not be moved, altered, or enlarged in any way without conforming to the provisions of this Code; and c. Permanent, non conforming, signs that are damaged or partially destroyed by any means to the extent o# more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to th6lDrovisions of this Code. 19.13 Validity. If any Section, Subsection sentence, clause; pnrase, or portion of this Code is for any reason hold ;invalid or'" uM institutional 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. 19.14 Sian Maintenance. All signs permanent, temporary, or otherwise shall be maintained in good,wv king ordeCat`all °fimes: Torn.or tattered temporary signs shall be replaced � orremoved immedidtety. Lighted �s gns shall have all bulbs and fixtures in working Mel CHAPTER 20 LANDSCAPING, SCREENING, AND FENCING REQUIREMENTS 20.1 Purpose. The purpose of this Chapter is to provide standards that will protect the health, safety, and general welfare of the public, enhance property values, improve the appearance of the community, and preserve natural resources, trees, and native plants. Planting yard regulations are established herein to minimize potential conflicts between abutting developments, enhance the appearance of buildings and parking lots, and create a unified and attractive streetscape. These requirements will be applied to all new development, redevelopment, °;and building expansion projects including streetscaping of rights -of -ways. Theseninimum requirements will: a. Maintain and increase property values; b. Further enhance the quality of life for Owasso c. Reduce soil erosion and increase infiltration in to storm water management and aquifer recf d. Mitigate air, dust, noise, heat, and chemical p e. Reduce the "heat island" effect of imperyiou by cooling and shading the surface area anG pavement; f. Establish landscape ther character and identity of g. Promote h. i. Screen visitors; ind areas essential surfaces (such as parking lots) creaking up large expanses of the City that promotes the overall us .. approaches to the design, ping while encouraging water and ensure the long term health of plant or uses from public view and adjoining j. Buffer�uncomplifri tary land uses. Concept Illustrairon. Land sdope requirements are based on the illustration shown below, which depicts the different yard areas referenced in the subsequent Sections of this Chapter. Figure 20.1 is meant to provide a visual reference for each of the required planting yarns. 141 20.1.2 0 3 c 0 C 9 Q G a `o U cover.shgll be maximurn'exte b. Desian andfn� conformance;. with this Chap Figure 20.1 Typical Planting Yards Raside - WPAj3CW!rke Buffer Yard a i 0 l4xkvldx'vrerr 3 m Ca v(S 8uldag (5,0605.1.) Pg#&V Lot Parking Lot ) S7aer 0 c 0 a O 4 'a u 0 E E 0 U :Ietdtion. Existing healthy trees, shrubs, and ground and incorporated into the Landscape Plan to the foliation' Landscape materials shall be installed in with an approved Landscape Plan prepared in accordance is required to be installed in all landscape areas. d. New Development. This Section shall apply to all new development unless sl e6% tally exempted by the Subsection titled "Exemptions" below. e. Change of Use or Enlargement of Existing Development. This Section shall apply to all applications for Building Permits for projects that involve one or more of the following: 1. An increase in the number of stories in an existing building on the lot; 2. An increase in the impervious area by more than two thousand (2,000) square feet; 142 3. An increase of thirty (30) percent or more in the square footage of building area or parking lot; 4. Where an existing parking area is altered or expanded to increase the number of spaces to a total of more than twenty (20), interior landscaping shall be provided on the new portion of the lot in accordance with this Chapter; and 5. A change in the use of a property that has no landscaping beyond sod or turf grass shall be required to install landscaping as per this Section if the building or parking lot is expanded by more than twenty - five (25) percent. The Community Development Director or their designee shall be allowed some degree ;of flexibility with regards to these requirements should there be unusual circumstances, but the spirit of the regulations shall be maintained. f. Requirements for Downtown Development Due to the unique nature of downtown development, landscapind shall be reviewed and approved on a case -by -case basis as determinedby the Community Development Director or their designee. g. Community Development Review. All requirements from this Chapter shall be met prior to issuance of any Certificate of Occupancy (C /O). Any deviation from the approved Landscape Plan, Site Plan, or from the requirements set forth in this Chapter shall °require ,approval from the Community Development Director or their designee.;Alterndtfve designs, materials, or methods may be brought to the Community Developrrieht Director or their designee for consideration, but the intent of the;r`egulat ohs s'hpll be met with each project. Any decision _ made by the ' C&nmunity Development Director or their designee may be�appealed toihe Owasso Board of Adjustment (BOA). h. Exerr ptions. TheJollowing development types are exempted from the requirements of thirChapter. 1. Individual single- family and two- family dwellings on separate lots, where such residehfiial,use is the primary use on the lot; 2. . New single- family detached and two - family subdivisions with four (4) or #.ewer lott -and four (4) or fewer dwellings; and 3. Temporary uses�'approved pursuant to this Chapter. 20.1.3 Interpretation of Landscaping Terms Where necessary to interpret the precise rn&tning of technical landscaping terms used in this Section, reference shall be made ,to Americdn' Nursery and Landscape Association. The definitions in the Chapter titled ' DMinitions" in the Owasso Zoning Code shall apply to the regulation and control -.of' landscaping within this Section. Figure 20.2 illustrates common tree description "s dnd shall be used to interpret any issues relating to the planting, care, and maintenance of trees. Figure 20.3 and the Subsection titled "Size Standards" below shall be used to interpret plant sizes as part of the requirements of this Chapter. 143 LINE Figure 20.3 Typical Siz es of Landscaping Plants � -----'—'----^^--~--''`^'— 5�e � ''^^^--- « � --- TYPICAL LAMOSWIu6 ^40' � � � ' r 20.2 2011 These following standards shall apply to all areas where landscaping isrequired: o. Required landscaping shall not include artificial plants or trees or other artificial vegetation; b. Landscape areas shall be kept free of trash, |itfe[ and weeds; c Materials other than plants may bo proposed to meet some of the landscape requirements. HordsCoping, xorbcoping, and water houtoms may be 144 proposed as a part of any Landscape Plan, so long as the plan meets the intent of the Chapter, d. No Site Plan submitted to the Community Development Department prior to the effective date of these landscape regulations shall be required to conform to the landscape regulations herein, except those that meet the requirements of the Subsection titled "Change of Use or Enlargement of Existing Development" above; and e. All Landscape Plans shall be reviewed by the Community Development Department as part of the Site Plan review process;., Upon completion of the review, the Community Development Director or.their designee shall: 1. Approve the Landscape Plan as complying with the requirements of this Chapter and rules and regulations; 2. Approve the Landscape Plan with conditions that bring it into compliance with the requirements of this Chapter and rules and regulations; or 3. Reject the Landscape Plan as failing to comply with the requirements of this Chapter. 20.2.2 Plan Requirements. Landscape Plans shall accompany any application for Site Plan approval and be submitted in conformance with the requirements listed below. Landscape Plans shall inlcude: a. The date, scale, north arrow, project name, and the name of the owner and designer; b. The locatioh 01 f' lines'-Pi id'Almensions of the tract; c. The .approximate-," center line . of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets` 6hd 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, Iand existing and proposed sidewalks on or adjacent to the -lot; d. The location, size;,.-,,.and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscapecV reas; e. Planting details and /or specifications; f.. The location ;,size (caliper and height), condition, and common name of any existing tr ,p, for which tree protection credit is requested shall be indicated. The, method of protecting the existing trees which are to be retained from aar"e during construction shall be described; g. A description of the type of irrigation system to be used and, if necessary, drawings of such system; and h. The schedule of installation of required landscaping and appurtenances, which shall specify installation of all required materials except trees, prior to the issuance of a Certificate of Occupancy (C /O) (for multi - family, commercial, and industrial developments) or first Building Permit (for single - family and two - family developments) and further specify installation of required trees shown in the Landscape Plan within one hundred and twenty (120) days after issuance of such Certificate of Occupancy (C /O) or first 145 Building Permit. For single - family and two- family developments, this Section refers to the required subdivision entrance landscape areas. 20.2.3 Installation Timeline. With the exception of trees, all required landscaping materials shall be installed and approved prior to the issuance of a final Certificate of Occupancy (C /O) for multi - family, commercial, and industrial developments or issuance of the first Building Permit for single - family or two- family developments. The installation of trees may be delayed up to but no greater than ninety (90) days due to seasonal weather, provided that a signed letter from the applicant is submitted stating the date when the tree planting will be completed. It is recommended that planting of trees occur from October 1s' to December 15th; or from March IM to May 15th. 20.2.4 Violations. Failure to maintain required landscaping, to replace dead or destroyed plant material as part of the approved Landscape Plan, or to adhere to an approved Landscape Plan shall constitute a zoning violation subject to any and all remedies set forth in the Chapter titled "Enforcement" in the Owasso Zoning Code. 20.2.5 Variances. Variances to this Chapter may be granted with approval from the Owasso Board of Adjustment (BOA). Minor alterations that would qualify as a Minor Variance may be approved by the Community Development Director or their designee. 20.3 Street Yards. 20.3.1 Purpose. The purpose of street yords is }o provide continuity of vegetation along the street right -of -way, creating a pleasing view from the road, and establishing a transition from vehicular thoroughfares, pecle'strian areas, or the built environment. Minimum dimensions:stiall apply anotshallybe measured horizontally. Widths shall be measured from tierespctive right-6,"t- /property line. Where street yards turn at street corners, the length'measurements determining plant quantities shall not be required to overlap. Table 20.1 below summarizes the street yard requirements. 20.3.2 Standards in Non- Residential and Multi - Family Districts. All development in the non- residential and "multi- farnily districts, including churches, schools, and civic type uses, shall; provide a stt6et; yard adjacent, to all highways, frontage roads, arterial and collector streets, internal drives, and entrances through non - residential districts to residential subdivisions. The street yard shall comply with the following standards: a. Width. TH6 street yardshall be a minimum width of twenty (20) feet for multi- family development, and ten (10) feet for all other development subject to this Section, exclusive of street right -of -way and sidewalk. However, the Community Development Director or their designee may reduce the width of the required, street yard during Site Plan review if the reduction is required for b. Tree: Requirements. Within the street yard, one (1) shade tree shall be planted for every fifty (50) linear feet. The number of required trees shall be calculated based on the linear frontage of the required street yard, inclusive of driveways, and shall be rounded to the nearest whole number. Trees may be grouped together or evenly spaced in the street yard. In the event that overhead power lines are present that would interfere with the growth of a shade tree, the applicant may exchange them with ornamental trees at a two (2) to one (1) ratio. c. Parking Lot Screening_ Parking lots and drives abutting a street yard that is less than thirty (30) feet in width in all developments shall be screened with either 146 plant material, berms, walls, or a combination thereof. If shrubs are used for screening they may be placed within the street yard but are in addition to the required number of trees. In no case shall shrubs used for screening be more than four (4) feet from the edge of the parking lot. Shrubs shall be at least eighteen (18) to twenty four (24) inches in height at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet, one (1) year after planting at which time they will form an opaque screen. Shrubs shall be maintained to a height of no more than four (4) feet during their life span. As an alternative to the shrub requirement, a berm or masonry wall may be used lieu of the required shrubs. If"a berm is used the number of required shrubs may be reduced by iffy; (50) percent. The berm or masonry wall must be at least three:(3) feet but no more than five (5) feet in height. Masonry walls shall: be of decorative and /or textured design. Standard smooth faced CMU block is not allowed as a screening wall material. 2. All loading and service areas, including driveway pavement that serve them, shall be screened from all abutting properties and /or public rights -of -way by a wall, fence, `hedge, berm, or other durable landscape barrier. Non - living screen' barriers shall be no less than six (6) feet tall at the time of installation. Living screen barriers shall reach a height of no less` than six,.(6) feet two (2J yeors after installation. All material shall provide a year -round opaque screen. 3. All screening materia( -shall be placed -in such a way as to not obscure the,,visjon of motonsts,dnd °must be out bf, the sight triangles as defined th )n- e- tbcipter titled 'Site Design Standards" in the Owasso Zoning Code. Landscape plants that are within the sight triangles shall not reach a mature height ofnore than eighteen (18) inches. 20.3.3 Standards for Sinale- Family Residential Districts. 20.3.3.1 Subdivision Standards .A Landscape Plan is required for the arterial entrance(s) to sing�efa ily, duplex, or tovdnhbme residential developments. The location and types of `landscaping shall be reviewed by the Technical Advisory Committee to ensure that .rpotorists'wisibility is not impaired and that utility lines are not encroached upon Ali'lcndscaping shown on the approved Landscape Plan shall be planted -prior to the issuance of any final inspection for any dwelling unit within the subdivision. A Homeowners' Association (HOA) shall be required to provide perpetual maintenance of the landscaped areas. 20.3.3.2 Street Yard.,-, AII'single- family, duplex, or townhome residential developments and non -fesidenfjal developments in single - family residential districts (including churches,,schools, and civic type uses) shall provide a street yard adjacent to all highways, frontage roads, arterial and collector streets, and entrances. The street yard shall comply with the following standards: a. At least one (1) shade tree and one (1) ornamental tree and three (3) large shrubs per fifty (50) linear feet of frontage along an arterial street shall be planted. The number of plants shall be calculated solely on the linear footage and shall be rounded to the nearest whole number. The plant material may be grouped together or evenly spaced. If the material is grouped, at least one (1) tree per fifty (50) linear feet of frontage is still required; 147 b. Any non - residential use allowed in a residential district by a Specific Use Permit (SUP) shall meet the non - residential landscaping requirements set forth in the Section titled "Standards in Non - Residential and Multi - Family Districts" above; c. As a general rule all required landscape material shall be located outside the arterial street right -of -way. Landscape material may be placed five (5) feet inside of street right -of -way in order to miss obstacles or due to physical limitations of the property. If landscape material is located five (5) feet into the arterial street right -of -way, the sidewalk may be serpentine to allow landscape material to be placed in pocket areas as long as the tree -to- pavement distance of, at least four (4) feet is maintained; and d. For landscape material that is to be' installed along an arterial street, a fence and a landscape easement of'at least ten (10) feet in width shall be provided and shown on the recorded plat. Wood fencing shall utilize galvanized steel posts and the smooth side of fence shall face towards the street. Smooth faced CMU block is not a permitted fencing material. A berm may substitute for a fence. Said berm shall be no less than four (4) feet in height with side slopes no greater than a three (3) to one (1) ratio. 20.3.3.3 Landscape Reserve. If a '9c arterial street, the building s may be measured from the 20.4 Interior Parking Lots. 20.4.1 Non - Residential and.Mulfi -Faro industrial), and main parking reserve" is designated on the plat next to an e for lots adjacent to the landscape reserve In all non' residential (commercial, office, icts, landscaped areas shall be established as follows: a. In non- residential 'districts, at leas #.;one (1) shade tree and six (6) small shrubs shall be;plonted for every fifteen (15) parking spaces. In multi - family districts, at least one ('1)'tree,and (8) small shrubs shall be planted for every ten (10) parking spaces; Ih b. The iiurnber of required trees shall be rounded up to the nearest whole number Landscape,material shall be planted inside or within fifteen (15) feet of fhe edge,of the bank of the curb around the perimeter of the parking lot, but shall not: be placed in the street yard required in the Section titled "Standards in Non- Residential and Multi- Family Districts" above; C These requirements can be met by placing a portion of the required shrubs within landscape islands; and d For; development sites greater than two (2) acres, interior areas of parking lot pavement shall contain landscape planting islands. 148 20.4.2 Entry Islands. Landscape islands with a planting area measured at least nine (9) feet in width (measured face of curb to face of curb) and a minimum length of eighteen (18) feet in length shall be provided on each side of all drives that provide access from the street to the property (see Figure 20.4). Length of said islands may be required to be longer than eighteen (18) feet depending upon the size and intensity of the use. Figure 20.4 Entry Islands Landscaped Islands alona Entry Aisle 20.4.3 Internal Islands Planting islands shall be located at each terminus of each single row of parking. When a single row of parking contains more than fifteen (15) parking spaces, planting islands shall be located at intervals between each terminus. The intervals shall be such that planting islands within a single row of parking shall be separated by no more than fifteen (15) parking spaces (see Figure 20.5). Figure 20.5 Intemal Islands 149 Planting islands shall contain at least one (1) shade tree. In addition, planting islands shall be landscaped with shrubs, lawn, ground cover, and other appropriate material not to exceed three (3) feet in height. Such planting islands shall have a minimum area of one hundred and fifty (150) square feet. In double rows of parking, a planting island required for one row may be combined with a planting island required for another row, in which case the minimum area shall be three hundred (300) square feet. 20.4.4 Litter Control. In parking lots that contain two hundred (200) or more parking spaces, for every row of parking provided, at least one (1) trash receptacle shall be provided. The receptacle shall be affixed to the ground and shall be of a decorative nature. The receptacle shall be designed to keep trash from blowing out and shall be regularly emptied and maintained by the property owner. Trash receptacles may be placed within landscape islands. 20.4.5 Sites Less than Two Acres. For development sites less than two (2) acres, interior parking lot areas of pavement shall contain the following: a. Entry Islands. Entry driveway islands shall be provided in accordance with the Subsection titled "Entry Islands" above. b. Internal Islands. There shall be no requirements for planting islands for every fifteen (15) parking spaces, however no parking space shall be located more than sixty (60) feet from a landscaped yard (as depicted in Figure 20.1), and landscape islands shall be placed at the beginning and end of each row of parking stalls. Said islands shall contain at least one hundred (100) square feet. 20.4.6 Pedestrian Island. For parking lots in excess of two. hundred and fifty (250) spaces, a pedestrian landscape island (see Figure 20:6) containing a sidewalk shall be installed for the entire length of a parking aisle. Said island shall align with the main entrance to the building, shall be bounded on °both ends by perpendicular landscape islands, shall be a minimum of at least ten (10) feet wide with a five (5) foot unobstructed sidewalk in the middle OR twelve (12) feet wide with a five (5) foot unobstructed sidewalk along one side. Curb stops or additional width may be required to maintain the five (5) foot clearance. Figure 20.6 provides an example of a pedestrian island. The walkways shall be built with ADA.accessible ramps at intervals throughout. 1�- Figure 20.6 Pedestrian Island 150 20.4.7 Landscaping Protections. All parking lot landscaped areas and islands shall be protected by a raised six (6) inch concrete curb or shall be designed as raingardens with inlets for stormwater. Pavement shall not be placed closer than four (4) feet from the trunk of a tree. 20.4.8 Alternative Parking Lot Island Design. Parking lot islands as described in the Subsection titled "Internal Islands" above may be constructed as rain gardens in order to reduce costs associated with detention and storm water infrastructure. Figures 20.7 and 20.8 provide examples of such techniques. Figure 20.7 Bioswale Figure 20.8 Alternative Parking Lot Design t " _ _ eA�.Y. a4n�uaffi ,,,.., va C+:iahvayaruf.`a'FWS.:S. - -'_ - [a�nxu Mlnmanl p3n:no�1 151 Y+m aKR - a'sm'vetw Ye�eucl j I 151 20.4.9 Expansion of Uses. The expansion of an existing use, structure, or parking lot that meets the criteria set forth in the Subsection titled "Change of Use or Enlargement of Existing Development" above shall be required to bring the entire site into compliance with this Section. 20.4. 10 Yard Calculations. Landscaping as required within a planting yard shall be counted for only that planting yard and shall not be used in calculating the minimum quantity for any other planting yard. Table 20.1 below summarizes the parking lot yard requirements. 20.5 Buffer Yards. 20.5.1 Purpose. Buffer yards are intended to ensure density of plantings is planted or preserved Buffer yard widths shall be measured from the buffer yards are permitted to straddle propel titled 'Reductions in Required Buffer Yard Perry, at property corners, the length measurement< be required to overlap. Table 20.1 below s'un that an area of appropriate size and >etween ,zoning districts and /or uses. espective pro-,perty line, except where Ylines, as setjorth in the Subsection tfed" below. Where buffer yards turn determining plant quantities shall not marizes the buffer yard requirements. 152 2 N TC s a) v oO� a T GN c._a> O'er �c N0 as 30 axN aLQN a•- a� O ate„ a p N O o C O U �� E > h O .0- N O O.N p O. �c�a O NO 0_ L.O0 , N a c N O C:.� Q aa o (D a O N U N L U 2 C O a .3 E3 0) Q .. pv O c O - Q)L 2 C_ ° >U- 0 U a Em O �0gp a o 3 �a)0 0O O. O a) ova) a = 0 rna -0 6 �O 0.= 'j a) CQ C 'U h c c c= O-r 6 w m o F- C C a) 0 0 N tN O O 0 o 30�op- ' a 0aa� >t N w o a Dao, p c a a > ? (D z z Vit d C 0 0 Q d � W CL O a ` (3 ',K-, N E 0) 30 0 a �_ N 41 '.- O .- C `. 6 0.;. O. 'a 0 0 N T p N�.0 ] O a O N N `m Q<pp �O�N6 a 0 a O 0.4- a '.� a v' (Dc00 C: (D ° 3000 iseN UYZU� E oEmQ =`pmc aaa a m_n0oc_ N o ti am�� 03 m 0 p c c o. N LL, _ — O O C U N 0 C N a O O p C T C �. N (D L ( 9E ° O ma- OpE�UaO — O a O. O) O. `p .� 3pOtno T_ N N N o ` c— C I. Q' C aa� •D p � �ri C °� =a o�oc p'O v "U��4 L � ua a w• m a m C a s > E a o c m o N O 0 c p a c y O a) C 5 Q. O a m a 'D U O- O. 3 3° N O= E a O o„ coo C .'^- N c .0 0 ' o 0 0- a�?�°m O •E N c O p N 0 a., c Z '.a) 4 7 N O 4 a s C a O N p N •- N —p �_. N 6 o j C N C ai i7 N E C O T N a G c' a N E N > m L1c•N EO a- E m ._ 6) a) 7 O —� N c N O U O 0-0 0— K2 _ 'U `— s C 0 0 p 9 0 0 a p — a o Q E o N 0 0° ) z° o w O O c '6 FD H� - rn `yc > m e > 'a o CN a Ud C 2 20.5.2 Bufferina of Development Adiacent to Residential Districts and Uses 20.5.2.1 Commercial and Office Uses. Whenever a non - residential use in a CS (Commercial Shopping), CG (Commercial General), or O (Office) district is proposed adjacent to residential district or a residential use, the non - residential use shall provide a landscaped buffer of at least ten (10) feet in width within the non - residential property. Any non - residential use that abuts a single- family or two - family development shall provide a screening fence or wall at least six (6) feet in height along the entire property frontage abutting the residential use. The buffer shall provide landscaping utilizing one of the following methods: a. One (1) medium or large evergreen tree or. two (2) ornamental trees, plus ten (10) medium shrubs for every thirty (30),I,inear feet or portion thereof of adjacent exposure to the adjoining lot, „ 20.5.2.2 b. One (1) medium to large thirty (30) linear feet or adjoining lot; c. One (1) large evergreen tree plus ornamental trees for every thirty adjacent exposure tof he adjoining d. Installation of a bel three (3) to one ( medium or large ev five (5) small or me thereof of adjacent e. Specific Use provide a la the COmml Commission, ) -mea or larg for every forty ( re to theaadjoininc plus five (5)` large shrubs for every )f of adjacent,. exposure to the (t).large shade tree or two (2) inear feet or oortiom thereof of a height of notess than four (4) feet (with a side slopes maximum) planted with one (1) or shade tree or two (2) ornamental trees, plus rubs for, eitery thirty ('30) linear feet or portion e td the adlolnuag lot; or wergreen tree, plus (5) five medium or large , =linear feet or portion thereof of adjacent >nstructed with brick, stone, split faced block, or shrub requirements listed above may be reduced :t:to approval by the Community Development !f',) uses adjoining residential uses shall be required to fifer using one of the above methods as determined by opment Director or their designee, Owasso Planning City Council. Industrial Uses., V+Ihenever a non - residential use in the IL (Industrial Light, Research and.,Development), IM (Industrial Moderate), or IH (Industrial Heavy) districts is proposed,. `adjacent to property with residential use, the non - residential use shall provide;. landscaped buffer of at least twenty (20) feet in width within the non- residential property. Any non - residential use that abuts a single - family or two - family development shall provide a screening fence or wall at least eight (8) feet in height along the entire property frontage abutting the residential use. The buffer shall provide landscaping utilizing one of the following methods: a. Two (2) medium or large evergreen trees, plus eight (8) large shrubs for every forty (40) linear feet or portion thereof of adjacent exposure to the adjoining lot; 154 b. One (1) medium to large evergreen tree and one (1) large shade tree for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot; c. Installation of a berm with a height of no less than four (4) feet (with a three (3) to one (1) ratio side slopes maximum) planted with one (1) medium or large evergreen tree, plus five (5) medium shrubs for every forty (40) linear feet or portion thereof of adjacent exposure to the adjoining lot; or d. Two (2) medium or large evergreen trees, plus three (3) medium or large shrubs for every forty (40) linear feet or, portion thereof of adjacent exposure to the adjoining lot. If the fence or wall is constructed with brick, stone, split faced block, or similar material then the shrub requirements may b'e. reduced fifty, (50) percent subject to approval by the Community Development Director or their`designee. Specific Use Permits (SUPS) in industrial districts that adjoin residential uses shall be required to provide a landscape buffer. using one of the above methods as determined by the Community Development Director or their designee, Owasso Planning Commission, or Owasso City Council; . 20.5.3 Standards for Buffer Yard Develoom 20.5.3.1 Prohibited Uses. The construc mechanical equipment within.t for equipment necessary for th+ the buffer yard consistent with Code. Active recreational uses and tennis �eburfs, or -other ac drives and aarkina lots. shall not of any building or the placement of any ndscope buffer yard is not permitted except vision, of utilities. Signs maybe placed within Chapter titled „' Signs' in the Owasso Zoning h'as play fields,' swimming pools, racquetball structured recreational uses, or circulation ermined in the buffer yard. Blowing other, uses may be permitted in a buffer yard the required plant material is eliminated, the intended 6d the. total width of the buffer yard is maintained, and ths'Sedtion are met: picnic areas, golf courses, or pedestrian, bike 1 trails,, detention or retention basins; and open space. 20.5.3.3 Reductions'fri'Required Buffer Yard Permitted. Where a dedicated buffer yard exists on!,an abutting property, a reduction or elimination in a buffer yard for a properf y'to be developed may be approved by the Community Development Director or their designee, subject to the following: a. The adjoining property owners have provided a written agreement restricting the use of the dedicated buffer yard to uses provided for in this Section; b. Maintenance of the existing buffer yard is consistent with the requirements of this Section; and 155 c. The "net" buffer yard satisfies the minimum buffer yard requirements o f f his Section. The net buffer shall include the cumulative total for both required buffers. 20.5.3.4 Existing Vegetation. Existing healthy vegetation may be counted toward required landscaping. In order to do so, the Landscape Plan shall indicate the type, number, and size of existing plants which are sufficient to comply with the respective buffer yard. It shall not be necessary to indicate the total inventory of existing plants. Only plants required to meet the provisions of this Chapter shall be required to be listed. 20.5.3.5 Application toward Setback Requirement Buffer yard' areas shall be counted towards the required building setbacks. 20.5.3.6 as landscaped areas on the applic landscape easements when shown on recorded with the title of the property ( 20.5.3.7 Buffer Yard on Property Line. When platting al dedicate a buffer yard that straddles the proper buffer width is maintained for both yards. 20.5.3.8 Existing Fences. It is the responsibility of the dey buffer yard. Existing perimeterfences that may family neighborhood, for example;' do not re owner(s) from providing fhe requiredbuffei yard. adjoining properties the fencing °requirernent'm. property owner. clan secure m 7rring' letters f supporting the continuance of the�ezisting fence the applicant from future repairs ar, maintenance or need replacement. 20.5.4 Exemptions. this Section. . . b. Lots or pat (30) feet in c. Lots or part fer_Vards shall be designated 'elopment approval and as plat. The buffer yard shall be e buffer yard easement. tipg lots, the applicant may Ine, provided the cumulative eloping property to provide the be present in an existing single - IieJe the developing property If existing fences are present on ay,•be waived, if the developing rbi,W" adjoining property owners . However, this does not relieve should said fence be damaged exempt from the buffer requirements as described in e, but are not limited to the following: rich the uses or buildings demonstrate compatible design ked to adjacent lots or buildings by a common system of ;destrian walkways across property lines; rated by a public street right -of -way greater than thirty separated by a railroad right -of -way; and land uses if one (1) of the following scenarios exists: 1,., lh' instances where similar or compatible land uses are immediately adjacent to one another and the installation of a buffer yard between the uses would negate the effectiveness of the development of those properties or impede the flow of traffic and pedestrians; or 2. In instances where similar or compatible land uses are immediately adjacent to one another and the change in the topography is such that the installation of a buffer yard between the uses would negate the effectiveness of the requirement for a buffer yard. In such cases the developer would be required to provide a coordinated 156 landscape development plan that shows the quantity and location of the proposed landscaping. If the developer is exempted from the required buffer yard, this exemption does not relieve the developer from providing the required plant material as if the property were developed as individual parcels. Should a developer not agree to all of the above conditions, all Buffer Yards associated with development must be installed per the current requirements of this Section. 20.6 Building Yards. 20.6.1 Purpose and Applicability. The purpose of building yards is to aesthetically and visually enhance the appearance of buildings. Building yards shall be provided along the portion(s) of the building facing any adjacent off - street parking area, excluding loading /unloading areas. Minimum dimensions shall apply, and be measured, horizontally. Widths shall be measured from the respective front wall of the building. Where building yards turn at building corners, the length measurements determining plant quantities shall not be required to overlap. Building yards shall be of different types, based upon the size of the structure around which the building yard is to be located. The width of the building yard and the density of plantings shall increase as the size of the structure around which the building yard is to be located increases. Entrance walkways to buildings may cross building yards. The width of the entrance walkway shall not be calculated as part of the length of the building yard for purposes of determining the total required landscaping, provided, however, that the width deducted for the entrance walkway shall not exceed the width of the entrance to the building. Table 20.2 summarizes the building yard requirements. 20.6.2 Yard Types. There shall be three (3) different categories`:of building size for purposes of determining th'e:6uilding yard type; a. Category 1. Buildings 3,000 square feet to 9,999 square feet of building footprint. The Community Development Director or their designee may allow buildings that fall within this category alternative compliance to the required building yards. Such alternatives may include providing foundation plantings along the sides and back of the building, spreading the required amount of building yard plant material to other areas on the site, or in some instances providing s large planters. Buildings less than three thousand (3,000) square feet are lml exempt. b. Category 2. Buildings 10,000 square feet to 99,999 square feet of building footprint. c. Category 3. Buildings 100,000 square feet of building footprint and over. 20.6.3 Building Yard Calculations. Table 20.2 identifies the building yard requirements based on the size of. the structure around which the building yard is to be located. Table 20.2- Building Yard Landscaping Require ents Building Yard Category Width (Minimum) Required Shade Trees Minimum Required Ornamental Trees Minimum Required Small or Medium Evergreen Shrubs Minimum 1 4 feet N/A per 30 linear feet 8 per 30 linear feet 2 6 feet 1 per 50 linear feet 1 er 50 linear feet 12 per 30 linear feet 3 8 feet 1 per 50 linear feet 1 per 50 linear feet 16 per 30 linear feet 157 20.7 Mechanical Equipment and Service Area Screenin 20.7.1 Mechanical Equipment and Service Areas. Mechanical equipment, trash enclosures, dumpsters, loading docks, and service yards located at ground level shall be screened with visual barriers from all adjacent properties, public roadways, parks, or other public areas. Trash enclosures and dumpster areas shall be constructed of material that is architecturally compatible with that of the main structure and shall be a minimum of six (6) feet in height (see Figure 20.9). Figure 20.9 Trash Enclosures and Dumpster Areas 20.7.2 Utilities. Utility sub - stations shall. be "screened with either opaque fencing or large evergreen shrubs reaching a height of no less than six (6) feet at maturity. Where possible, transformers and other above dr60d utility boxes shall be screened. All screening materials ,shall meet the Lti)iy:company standards. 20.7.3 Rooftops. The ,architectural design of buildings shall incorporate design features which screep; contain, and conceal qii rooftop heating, ventilation, air conditioning units, or similar. units around all sides (see, Figure 20.10). This can be accomplished using parapets or screening boxes arour) the individual units, or a combination of the two. Figure 20.10 Mechanical Equipment Screening on Roofs 158 20.8 Tree Preservation Credits. 20.8.1 Tree Protection and Replacement. The purpose of this Section is to establish incentives for the preservation of existing trees within Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. 20.8.2 Grading Permit. No clear- cutting of land is allowed without a Grading Permit from the Public Works Department. Clear- cutting should be avoided at all costs as the preservation of existing trees provides a benefit to the community. 20.8.3 Tree Preservation Credits. For every existing tree that is preserved in an area where landscaping is required by this Chapter, the developer shall be given credit in accordance with the following table. Only trees in good condition having been protected in accordance with the Subsection fitted 'I andscape Maintenance" below shall be considered for credit. The Table 20.4 below references the caliper of the tree measured at Diameter Breast Height (DBH): Table 20.3 - Tree Preservation Credits Diameter Breast Height Credit Less than 2 inches No credit 2 to 3 inches 1 tree 4 to 16 inches 2 trees 17 to 30 inches. 3 trees Larger than 30 inches- 4 trees 20.9 Design Considerations. 20.9.1 Overhead Power Lines. The trees to be ornordbri^taf,.frees. Lar9f overhead power lines arenot presen� not interfere with the power lines (see f overhead power lines requires street yard lade tree varieties are encouraged where in situations where the crown of the tree will ire 20.11). I Figure 20.11 Trees and Power Lines 20.9.2 Sight Triangles" Corner lots and situations where driveways and alleys intersect with street rights -of -way shall be kept free of landscaping and plant materials that interfere with the vision of motorists or pedestrians (see the Section titled "Sight Triangles" in the Chapter titled "Site Design Standards" in the Owasso Zoning Code). 20.10 Specifications for Plant Materials. 20. 10.1 Size Standards. The minimum allowable plant size for new installations shall be as set forth herein. Due to the variation between genus and species, the caliper or height necessary for newly installed plant materials may vary. As a general rule, the caliper or diameter of trees is typically described as the Diameter Breast Height (DBH). The 159 height of shrubs shall be a minimum of eighteen (18) inches as measured at ground level to the top of the densest portion of the top of the shrub or hedge. a. Shade Trees. Shade trees shall measure a minimum two (2) inches in caliper DBH, and eight (8) to ten (10) feet in height at the time of planting. b. Ornamental Trees. Ornamental trees shall measure a minimum one and a half (1.5) inches in caliper DBH for single -stem trees or one (1) inch in caliper DBH for multi -stem trees, and six (6) to eight (8) feet in height at the time of planting. c. Shrubs. Shrubs, normally planted for screening purposes (e.g. parking lot screening, ground mechanical equipment) shall measure eighteen (18) to twenty -four (24) inches in height at the time of planting. Shrubs planted for screening purposes shall form the required density,to block visibility within three (3) years from the date of installations 20.10.2 Organic Ground Cover. Organic ground cover shall provide one hundred (100) percent coverage on the ground within three (3) years of installation, except that seeding, grass, or turf shall provide one hundred (100)' percent coverage upon installation. Organic mulch (e.g. cedar mulch), shall be used around plantings to maintain soil moisture and prevent the growth of weeds. 20.10.3 Inorganic Ground Cover. Inorganic ground cover consisting of river rock or similar materials may be used provideal they do not exceed twenty (20) percent coverage of the required landscape planting area. Pea gravel is prohibited in any parking lot island or street yard. 20.10.4 Selection of Plant Materials. All plant material ezcept;ground cover shall be those plants that are accusf6m, ed to growing cf h`d thriving in USDA plant hardiness zones 6b or 7a and are` capable of withstanding extended periods of heat and /or drought. Consideratipn shall be given to the environmental conditions of the site, such as soil, topography climate, microclimate, pattern of sun movement, prevailing winds, precipitation, and air movement to ensure that plant materials will be established successfully. Tree selection for street yards, or other locations within utility rights-of- way,-,shall consider the presence or; planned addition of overhead utility lines. Such .trees 'shall ,be:.small and medium trees that are pest and disease- resistant and are slow growing a. Substitution ;.of Plant - bterial. The Community Development Director or their designee sh 11 have the authority to approve the installation of comparable substitution plant materials to satisfy the requirements of the approved Landscape Plan when the approved plants and landscape materials are not available at"he time that installations are to occur, or when other unforeseen conditions; prevent the use of the exact materials shown on the approved Landscape Plan. Significant changes that require the replacement and reloedtion of more than twenty -five (25) percent of the plant materials shall require a new Landscape Plan and approval through the plan review process. b. Mix of Genus and Species. Except for Street Yard trees, a mix of genus and species of trees, shrubs, ground covering, perennials, and annuals is encouraged in order to avoid potential loss due to infectious disease, blight, or insect infestation. Street Yard trees should retain a reasonably uniform pattern along both sides of a street within the same block or corridor. Im c. Discouraged Plants. While it is the purpose of this Chapter to promote attractive urban environments through landscaping, the regulations are not intended to diminish the creativity of the designer in selecting their planting pallet. It is expected that Landscape Plans will be prepared by individuals with a strong knowledge of local plant material. The following trees are not recommended to be planted: 1. Cottonwood ( Populus deltoides) 2. Bradford Pear (Pyrus calleryona 'Bradford') 3. Tree of Heaven (Ailanthus altissima) 4. Osage Orange (Maclura pomifera) 5. American Elm (Ulmus americana) 6. Silver Maple (Acer sacchorinum) 7. Box Elder (Acer negundo) 8. Norway Maple (Acer platonoides) 9. Mimosa (Albizia julibrissin) 10. Lombardy Poplar (Popufus nigra) 11. Black Locust (Robinfa oseudoacacia) 20.10.5 Landscape Maintenance. The applicant, property owner, and /or subsequent or successor owner and their agents,. including .tenants, shall be jointly and severally responsible for maintenance of all, landscaping on the property in perpetuity as specified in this Sea fon�., Spray or dnp P7ig'ation is required for all planting areas. All required landscaping shall be maintafned in a neat and orderly manner at all times. This shall include but not ;be limited to" mowing, edging, pruning, fertilizing, watering, weeding, and other activities common to the maintenance of landscaping. Landscaped areas shall be kept free bUtrash, litter, weeds, and other materials or plants not a part o. f,theaandscaping. Atter mitial,installatiot)" it shall be the iesponsibility of the owner and /or tenant of the property upbYi Which the -- landscaping is installed to maintain all required plantings in a healthy, vigoous, and',,attractive state, or to replace dead, diseased, or deteriorated plants;,, Within`'re`sidential subdivisions, the maintenance of street trees in planting strips bet...Ieen curbs and sidewalks which are within the street right -of -way shall be the respor, ility of the respective Homeowners' Association, or the abutting hoirLeowner in the;a> isence of a Homeowners' Association. If after three (3),.ye6rs following installation of required screening plant materials the plants have not" formed an effective screen, or if an effective screen is not maintained :th. e Community Development Director or their designee may require that another type of screen be added or additional plantings be installed. Landscaped areas shall require protection from vehicular encroachment. The Community Development Director or their designee shall inspect all landscaping and no Certificate of Occupancy (C /O) or similar authorization will be issued unless the landscaping meets the requirements of this Chapter. All required plant material shall be maintained in a healthy, growing condition as is appropriate for the season. Plant materials which exhibit evidence of insect pests, disease, and /or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced within the next planting season after removal. If IF]I replacement is necessary, all plants and other non - living landscape materials shall be equal in size, density, and appearance as originally required at the time of the approval of the development permit. 20.10.6 Tree Trimming. Utility crews and companies are encouraged to do directional pruning of branches interfering with utility lines to prevent damage, disfigurement, and heavy suckering and to reduce future pruning needs. Utility tree trimmers are encouraged to remove branches to laterals in order to direct tree growth away from utility lines. 20.11 Fencing Requirements. All residential uses (including but attached and detached, duplexes, multi - family, mobile ho any arterial road shall be screened with a solid opaqueJE of the rear yards of the residential property. Parks, sw amenities included within a residential subdivision and ad be bordered with a decorative fence, approved by the Department, in lieu of a screening fence.,,, Ail multi- family parks, and all industrial uses that adjoin any' arterial or shall be screened with a solid opaque fence that pro Screening fences shall not be less than six (6) feet nol height; provided that such fences shall not be permittec easement, established floodplain, sight triangle areas; All non - single - family and non - duplex uses shall be single - family and duplex uses by ,a screening wall or fence: a. Shall be constructed, desigr uses, irrespecue.of vegetat b. Shall nofbe less than six (6) f c. Shalkbe constructed with all both sides. are of the same c d, .,Shall be constructed prior-tc limited to single - family , etc.) that back up to to provide screening ling pools, and other >nt to an arterial may nmunity Development clences, mobile home :tor street or highway, ;creening,,of all yards. more than ten (10) feet in in any stormwater drainage block ingress and egress. >d from any adjacent Such screening wall or visual separation of height; ;s and supports on the interior, except when and appearance; of the building or initiation of the e. Shall be of the type of materials compatible with the surrounding area. All new wooden, screenirig = fences, including replacements for existing wooden screening fences #Ysat are required by the Zoning Code or are constructed as perimeter fen i ;for new subdivisions, shall have the vertical support posts constructed of perritr nent building materials that may include but not be limited to a minimum of schecjule forty (40) galvanized steel posts with an outside diameter equal to or larger than'tyvo and three - eighths (2 3/8) inch, masonry columns at least one (1) foot squa'r'e,,; o% hVC fencing using dual extruded PVC posts. Required screening fences, as °,y✓ell 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 Plan or 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 162 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. The exterior of required screening fences shall be uniform for the entire length of the development. 20.11.1 fences in Residential Neighborhoods. 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. Fences shall not be constructed in the street right -of -way. 20.1 1.2 If additional fences are constructed on the residential lot, such fences adjoining any arterial, collector, or minor street, shall be not less than siz (6) feet or more than eight (8) feet in height. Fences adjoining a highway shall be hot less than six (6) feet or more than ten (10) feet in height. Fences in residential areas may be constructed on property lines", in side yards, and rear yards. However, no fences higher than thirty -six (36) inches may be constructed in any front yard as defined by this code. If the owner of a corner lot constructs a fence within a side yard and rear yard in accordance with the Section titled "Yards" in the. Chapter titled 'Residential District Provisions ", and if the rear portion of these yards of the corner lot abut the side yard of a neighboring lot, then any sudh fence built between the building setback line and the property line must be s6_-:constructed as to allow4he 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 ineach &fiction; from the point of entrance into the street right of way. from the neighboring lot. For'ihe purpose of this Subsection, the rear portion- Qf`the <ccuner lot will be, teemed to abut a neighboring side yard only if the two (2) yards forma common boundary along the majority of their length. No fences, any 100 -year floodpl age Areas. No fencing shall be allowed in the floodway. i split rail, chain -link, or barbed wire shall be constructed in rea. No fences other than open split rail, chain -link, or ucfed in drainage easements that are not in the 100 -year owner has'been given the written approval of the Public g their investigation of the consequences to the drainage. 163 CHAPTER 21 OUTDOOR LIGHTING 21.1 General Description. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort. Outdoor lighting shall be designed to ensure maximum light levels that do not create or cause glare onto nearby properties and public street rights of way; and to minimize uptight. 21.2 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 foot - candles (FC). 21.3 General Standards for Outdoor Lighting. 21.3.1 All Zoning Districts except RS and AG. Unless otherwise' specified in the following Subsections, the maximum light level shall be 0.5 maintained foot - candles at any property line adjacent to a residential single = family district or use, and two 2.0 maintained foot - candles at .any public, non - arterial street right -of -way, unless otherwise approved by the Community Development'Director or their designee. It is recommended that adequate lighting,bp provided during-shours of operation. Unless shielded, all flood lights shall` be installed such that the fixture shall be aimed down at least forty -five (45) degrees from yertical;`or the front of the fixture is shielded such that no portiWof -,the light bul ds below the bottom edge of an external shield. Flood i hts dhd'-- is la li hts'st g a(p y g all be positioned such that any such fixture located within -fifty (50) feet of a public street right -of -way is mounted and aimed perpendicular to the right=af -way, with . a'side -to -side horizontal aiming tolerance not to exceed fifteen (15) degrees from perpendicular to the right -of -way (see Figure 164 All parking areas shall be illuminated for safety. All wall fixtures, including wall packs, shall be ninety (90) degree cutoff fixtures. 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 four thousand (4,000) square feet of floor area. 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. No wood poles may be used for any freestanding 21.3.2 RM and RNX Zoning Districts. Unless otherwise spi the maximum light level shall be 0.5 maintainer adjacent to a residential single - family district, and public, non - arterial street right -of -way unless othe Development Director or their designee. It is ree be provided for every residential project. ;cified in the following Subsections, foot candles. at any property line 2.0 maintained foot- candles at any rwise approved byhthe Community Dmmended that adequate lighting 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 extendsbelow the bottom edge of an external shield. Flood lights and display lights shall be' positioned in a way that any such fixture located within fifty (50),feet 6f,6 public street right -of -way is mounted and aimed perpendicular to the rightrof -way ; All parking lot lighting requirements listed in this Section 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. 21.5 Outdoor Sports Field /Outdoor Performance Area Liahtina The hours of operation for the lighting system for any game or event shall not exceed (2) two hours after the end of the event. A Photometric Plan shall be provided to the Community Development Director or their designee for review and approval. 21.6 Sian 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 Chapter titled "Signs" in the Owasso Zoning Code. 21.7 Lighting of Commercial Buildings and Landscdpina 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. 21.8 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 foot - candle array in a printout format indicating the location and aiming of illuminating devices. The printout shall'9ndicate compliance with the maximum maintained foot - candles required by this Code.; 21.9 The Community Development Dire Plan for the development that sha part of which may tie part of or in this Code: a. Description of b. Fixtures;': ,:.. eir designee may require a Photometric but ncebea mited to the following, all or to the information required elsewhere in d. Supports ;, e. Reflectors;` ",, f. Poles, g. Raised foundations; h:. Other devices including but not limited to manufacturers or electric utility "dotalog'specification sheets and /or drawings; and i. Photometric Plan indicating fixture classification (cutoff fixture, wall pack, floodlight, etc.). Non - Conformities. Any lights existing prior to the adoption of this Code are considered legal and non - conforming. Any new outside light fixtures placed upon properties within Owasso must meet the requirements of this Ordinance. IM CHAPTER 22 ACCESS GATES FOR GATED COMMUNITIES 22.1 Access Gate Reauirements and Standards. 22.1.1 Gates on Private Streets. Gated access will only be considered and allowed for private streets in approved Planned Unit Developments (PUDs), apartment projects, or other subdivision plats approved by the Owasso 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 Owasso Planning Commission and the Owasso 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.gales. 22.1.2 Distance between Gates and Public Streets.' Any gate shall be located a sufficient distance from a public street to allow tw6'(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. A turn around lane shall be provided for vehicles unable to enter the gated development. 22.1.3 Prohibition of Tire Damaging Devices. Road spikes,= 09rbs, or other tire damaging devices are prohibited. Spikes in'stallecl on gates shall also be prohibited. 22.1.4 Validity of Other Ordinances. Use of controlled access does not negate other City of Owasso ordinances. 22.1.5 Establishment of Horeowners' Association. A Homeowners' Association (HOA) or a similar entity sW! be established and: ' the name, addresses, and emergency contact numbers provided to the Owasso Fire :Department and Owasso Police Department. The Homeowners' Association shall be r6sponsible for the following: a. Maintenance and repairs of the private streets and fire lanes, and to provide fhe „fun ds for inch, b. Maintenance testing and repairs of all functions of the gates; C. Accompataying the; Fire Department officers during annual inspection and testing of th`e;opernng'systems; and d. Maintaining'a service agreement with a qualified contractor to insure year round maintenance. 22.1.6 Gate.: Width. Thee minimum gate opening width, including clearance for all impro5eri7lents related to the gate, shall not be less than fourteen (14) feet per lane if there is to tie ingress and an egress gates. 22.1.7 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. 22.1.8 Emergency Release. 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. 167 22.1.9 Access System. The gate shall be equipped with access systems as approved by the Owasso Fire Department and Owasso Police Department. 22.1.10 Desion Standards for Streets. All streets in the development shall meet the requirements of the Subdivision Regulations and the Engineering Design Standards of the City of Owasso unless an alteration is approved by the Public Works Director or their designee. 22.1.11 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 Code, the gate shall remain open and accessible until the problem is resolved,;and the gate is repaired and tested. 22.1.12 Minimum Covered Entry Height and Width When a covered entry structure is requested, the minimum height shall be no less than,sizteenr(16) feet. The width shall be no less than twenty (20) feet. 22.1.13 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. ' 22.1.14 or other responsible property owners to insure that each gate is tested to i it being approved for.operation or t� meet the standards.' The, verificatio ! latest inspection form will,-be kept c contractor's "name, address, and developer, name, adc number the developer; Homeowners' Association, ;rayide for annual inspection of each gate Al bf I2h4;construciion requirements prior to ed opera'tiori` at any point the gate fails to ie access agreement and a copy of the with the Owasso City Clerk including the our -a -day telephone number(s). The asentative, or responsible property owner's ill be a minimum requirement for approval EM.- DEFINITIONS Purpose. The purpose of this Chapter is to define words, terms, and phrases contained within this Code, unless otherwise specifically defined elsewhere herein. In the interpretation of provisions in this Code, the rules of this Chapter shall be observed and applied, except when the context clearly indicates or requires otherwise. In case of a conflict between this Chapter and the text of this Code, an interpretation shall be made by the Community Development Director or their designee. For the purpose of this Code, certain terms and words are hereby defined. Terms not defined herein shall be construed in accordance•with adopted Building Codes, the City Code of Ordinances, or their customary, usage and,meaning. The "Glossary of Zoning Development and Planning Terms ", by the American Planning Association was used to determine the meaning of terms that are defined in this Chapter, subject to approval of interpretation by "the Community Development Director or their designee. Any definition that is not provided within this Chapter shall be determined by the Community Development Director or their designee. Any appeals of their decision must be taken to the Owasso Board of Adiustment (BOA). Abuttina: In the context of a screening ar enclosure requirement, abutting shall mean contiguous or separated there from only by anon- aiterial Street; ,In other instances, abutting shall mean contiguous. Accessory Dwelling Unit A subordinate residential unit incorporated within, attached to, or detached from a single- family residential unit and having its own sleeping and sanitation facilities. This term s"halta refer to ;guest suites, 'tiny homes, accessory apartments, garage apartments, and similar type „uses. Such subordinate 'units shall not be otherwise segregated in ownership from,the principal:resident %al;u,Rit qno shall not be used for rental purposes. :essory.Usesor Structure: A structure or use that: a Is, §ubordinate inarep, extent and purpose to the principal use; b 'Co, ntributes to the corn(ort, convenience, or necessity of the principal use; and C. Is located on the same [ot and in the same zoning district as the principal use. Active Recredtion: A developed space or area catering to team - oriented sports played on fields or courts' or amotorizeca Sport activity. Said recreation would include but not be limited to tennis facilities, bdlflields, )kTV'course, basketball courts, etc. Advertising Face: Each =side of a sign that is designed, constructed, located, and positioned for the purpose of displaying off - premises advertising material. Alley: A permanent public way providing a secondary means of access for service and emergency vehicles and not intended for general traffic circulation. Amenity: Any tangible benefit to a piece of a property, especially those that increase its attractiveness or value or that contributes to the comfort or convenience of the nearby residents. Tangible amenities might include park areas, swimming pools, tot lots, playgrounds, disc golf course, walking trails, bike paths, tennis courts, basketball courts, picnic areas, or similar facilities that allow people to recreate, gather, and socialize. The Director of Community IM Development or their designee shall determine if an amenity meets the intent of this language. In most cases, parking should be provided for the amenity. American Flag: The flag of the United States of America that is typically either made of cloth or a cloth -like material and is designed to be flown from a pole. This shall not include banners, signs, or feather flags that are colored in such a way as to look like the American Flag. Antenna: 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. Antenna Array: A structure attached to a telecommunication tower that supports telecommunication antennas. Arborist: A qualified professional who has studied the science'. or art of cultivating trees, especially for ornamental use. Area Marker: An off - premise sign that designates ,or identifies /advertises a subdivision or development in another location. Area of Special Flood Hazard: Land in a floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. Arterial: A street designated on the Major Street Plan as a primary arterial or secondary arterial. Awning: 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' p position flat against building when not in use. Banner: A sign with or without characters, letters; illustrations; brornamentations applied to cloth, paper, flexible plastic,-'-of',-,fabric of any'skind with only such non -rigid material for background. Base Flood: The flood having a one' ( -1) percent chgnce of being equaled or exceeded in any given year. Board of Adjustment: The Boardof Adjustment.of the City of Owasso, Oklahoma. Building: ;A sfrocture v, iich is permanently affixed to the land, has one or more floors and a roof, and is hounded by either.., other building with a common party wall, open air, or the lot lines of a lot , -'` Building= - Height: The vertical distance measured form the average ground elevation at the building wO Jo the highest horizontal point of the structure. Building Official;. The officer orother designated authority charged with the administration and enforcement of this, Code or d duly authorized representative. Building Setback: The;horizbntal distance from the point of measurement, such as the centerline of an abutting street oc the boundary line of an abutting zoning district, to the nearest building wall. Caliper: A standard trunk diameter measurement for trees taken six (6) inches above ground for up to and including four (4) inch caliper size and twelve (12) inches above ground for larger sizes. Canopy: A roof -like structure of a permanent nature that projects over a public way. Care Home: Premises used for the housing and caring for the aged or infirmed. Includes convalescent homes, homes for the aged, and nursing homes. 170 Cemetery: Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes. Includes crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Certificate of Occupancy (C /O): An official certificate issued by the City through the enforcing official which indicated conformance with the zoning regulations. Authorizes legal use of the premises for which it is issued. Child Care Center: Any place, home, or institution which cares for four (4) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "child center" shall not include or apply to bona fide schools or churches and other religious or public institutions caring for children within an institutional building. Program must operate. thirty (30) or more hours per week, as per DHS licensing requirements. City Council: The governing and legislative body of the City of Owasso, Oklahoma. Cluster Housing Development: A residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas. Commercial Wind Energy System: A wind energy conversion system consisting of more than one (1) wind turbine and tower. A wind energy conversion system which will be used for off -site consumption of power. Common Wall: A wall common to but dividing'contiguous buildings; such a wall contains no openings and extends from its footing below the'finished ground grade to the height of the exterior surface of the roof. Contractor Sian: Signs that .denote the architect;E engineer, contractor, lending institution, or other related business when = place! upon work sit e'under construction. Copy Area: The net geometric area- enclosed by, the smallest rectangles encompassing the outer extremities of all9etters, figures;,characters, and delineations contained in a sign. Cornice: Any horizontal member., structural or nonstructural, of any building, projecting outward from the exterior walls at the root line including eaves and other roof overhang. Critical Ro6f.3ohe1-CRT) A circular - region measured outward from a tree trunk representing the essential;btea of the roofithat must. "be maintained in order for the tree's survival. The critical root zone is one foot (1) of 'radiai distance for every inch of tree DBH with a minimum of eight (8) feet. Crown: The upper mass or head?of a tree, shrub, or vine, including branches with foliage. Curb Level: The;mean level of:the established curb at the frontage of a lot. Where no curb has been established the City Engineer shall establish such curb level or its equivalent for the purposes o f f his Code. DBH (Diameter at BredsfHeiaht): The tree trunk diameter measured in inches at a height of four and a half (4.5) feet above ground level. Deciduous: Plants that lose their leaves annually. Deciduous Tree: A tree which sheds or loses foliage at the end of the growing season. Density, Gross: The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre. Density, Net: Expressed as dwelling units per acre or dwelling units per net acre. Can be found by either: 171 a. Dividing the total number of dwelling units existing on a housing site by the net area in acres; or b. Multiplying the net area in acres times 43,560 square feet per acre and then dividing the product by the required minimum number of square feet per dwelling unit. Development: 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. Display Surface: The surface of a sign upon, against, or through which the message is displayed or illustrated. Display Surface Area: The net geometric area enclosed by the,display surface of the sign including the outer extremities of all letters, figures, characters, and delineations, but not including the structural supports for free - standing signs .if said structural supports are not arranged to become a part of the attention attracting aspects of the sign, provided that as applied to wall or canopy signs having a non - illuminated background, display,surface area shall mean copy area. Drip Line: A vertical line from a tree canopy or shrub to the ground. Dust Free Surface: Surface constructed of double Dwelling: A building or structure used in whole or Dwelling, Apartment: A room or suite of roorhs wit designated for use as a residence by a family. Dwelling, Apartment/Bungalow-Court: A grou0r61 (1) story residential dwelhns 'Ewing a comrnp separate entrance, Dwelling, Condo: A mul ded tiple dwellinevelopmei with jointly owned and shared areas and facilities. wall(s), each 6VvY more than iwo (2) for from the outermost edge or asphaltic concrete. used or (3) or mbre'dttached or detached one t or yard. Each dwelling will have a individually -owned dwelling units (2) dwelling units, sharing a common and is designed for occupancy by no Dwelling, Manufactured. A factory bunt,. single- family structure that is manufactured under the authonty, of The National Manufactured Home Construction and Safety Standards Act, is transportable in one or more,• sections, has undergone at least partial prefabrication or preassemblyunder indoor factory conditions, excluding dwellings utilizing only prefabricated or preassembled- supplements such as roof trusses, floor trusses, plumbing trees, or wiring harness. Included are the:fiollowing sub - classes: a. Pre -Cut Am ' anufactured dwelling involving no preassembly but all components have been cut and'tpbricated and then assembled on -site; b. Panelized: A manufactured dwelling partially preassembled into roof, wall, floor, and ceiling components (which may range from exposed wood to having all finishing completed) which are assembled on -site, and constructed to national building code standards; c. Sectionalized or Modular: A manufactured dwelling partially preassembled into two (2) or more sections, none of which are habitable individually, permanently joined together and that utilize customary residential siding and roofing materials. They are built to national building code standards and are either: 172 I . Wood frame units designed to be transported by flat -bed truck and installed on conventional permanent foundations, or 2. Chassis /under - carriage units designed to be towed or structurally capable of being towed on wheels and installed on permanent foundations after all hitches, running gear, and chassis have been removed; and d. Mobile Home: A structure, transportable in one (1) or more sections, which is built on a permanent chassis; designed to be used with or without a permanent foundation when connected to the required utilities; has a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to,a,permanent site; and has wheels or axles permanently attached to its body or frame. It does not include recreational vehicles or travel trailers. Dwelling, Multi - Family: A building containing three (3) or more dwelling units. Included are all forms of manufactured multi - family dwelling but excluding; mobile homes. Also known as a multiplex. Dwelling, Single- Family: A building, other than a mobile home, containing one (,1) dwelling unit designed for occupancy by not more than one (1) family, and certified as complying with the Building Code of this jurisdiction whether constructed on or off site. Dwelling, Townhouse /Townhome: A one (1) family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access; light, and ventilation. Dwelling, Triplex: A residential structure designed exclusively for, or occupied exclusively by, no more than three (3) families living independently of each'ather in individual units. Dwelling Unit: One (1) room, or rooms C6nn '6cted together; constituting a separate, independent housekeeping" establishment for owner or renter occupancy, and containing independent cooking and sleeping facilities and sgnitary facilities. Oklahoma Fair Housing law standards shall apply. Dwelling Unit per Acre (DU /ACI: DU /AC is a measure of the gross density of a residential development. It is calculated by dividing ,the total sum of dwelling units by the total acreage of the development: Eaves Ths projecting lower edge's` -of a roof overhanging the wall of a building. Egress -A means or place of ping out; an exit. Exterior Insulation Finishing System EIFS: A non -load- bearing exterior wall cladding system that consists df on insulation boat, attached either adhesively or mechanically, or both, to the substrate; an,p egrally reinforc e base coat; and a textured protective finish. Energy Efficient Delivering more services for the same energy input or the some services for less energy input. Establishment: A place of business or company of record. Evergreen: Plants that retain their foliage throughout the year. Evergreen Screen: A dense vegetative screen that grows to a minimum of eight (8) feet in height at maturity and retains foliage year round. It is used for purposes of visual mitigation between zoning districts and /or uses. Evergreen Tree: A tree which holds green leaves, either broadleaf or needle - shaped, throughout the year. 173 Facade: That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Facade, Front: Those building facades which face and are most closely parallel to the front lot line. The front exterior of a building that faces the primary street. Corner buildings may have two (2) front facades. Family: One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or other domestic bonds, no such family shall contain over three (3) persons, but further provided that domestic servants may be housed on the premises without being designated as a family. Feather Flag: A wind device that contains a harpoon -style pole or,staff driven into the ground for support that is used for the purposes of advertising. For the purposes of this Code, a feather flag is considered a temporary sign. Also known as a flag banner: Fence, Line: A fence of non -solid construction, no less or more than five (5) feet in height, whose purpose it is to delineate property lines or boundaries. Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols. Used as a symbol of a government, political subdivision, or other entity. Flood or Flooding: 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. Flood Insurance Rate Map (FIRM): The official; map, of a community on which FEMA has delineated both the special hazard areas and the risk premium-zones applicable to the community. Floodplain: The land area adtoihing ;a watercourse.or'drainage way which would be inundated by the floodwater of the reegolatd . food based 'on full urbanization of the watershed. Floodwav: The chann'el'of a watercourse or dralin way and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood. Floodwav Fringe: Those portions of the floodplain which are not reasonably required to carry and discharge the floodwater of J he regulatory' flood. Floor Area: The sum of the gross horizontal areas of the several floors (including basements) of a building, measured from the exterior faces of the exterior walls or from the centerline of walls sep irating two (2) buildings PTovided`fhat for the purpose of determining compliance with the permittedrfloor area, the floor area of enclosed required off - street parking areas shall not be floor area, of a building or buildings on a lot divided by the lot area. Foster Home: A dwelling useOin whole or in part as living quarters for a household including one (1) or more minor children, placed by a licensed child placement agency, who are not members of the family.-' "occupying said dwelling but are under their supervision. Further, provided that a maximum of five (5) children are allowed to reside in the home including any natural children living in the home, if any children in the home are age two (2) or younger. If no children are under two (2) years, the maximum number of children residing in the home is six (6). Frontage: The lineal measurement of a lot boundary which abuts a public street or the lineal measurement of the building setback line when the boundary of the lot abuts a non - arterial street or cul -de -sac. 174 Garage Sale: Also known as estate sale, moving sale, yard sale, auction or other similar type event. Such events shall be allowed up to three (3) times a year, lasting no longer than three (3) days per event. Garden Apartment: An apartment building generally having a low- density (twelve (12) units per acre or less) of population and having substantial landscaped open space adjacent to the dwelling units. Ground Cover: A prostrate plant growing less than two (2) feet in height at maturity that is used for: a. Ornamental purposes; b. Alternatives to grasses; and c. Erosion control on slopes. Halfway House: A building used in whole or in part as a treatment center and dwelling quarters for persons unrelated by blood or marriage who are undergoing care. or rehabilitation for alcoholism or other forms of drug abuse. _ Hard Surface Parking: Any asphalt or concrete surface of approved surface, but excluding rock, gravel, grass, or dirt. Hat Racking: Topping a tree so severely it resembles a hat rack Home -Based Business: A business carried on'in a. dwelling unit that the use is limited in extent and is incidenfal and secondary residential purposes and does not change the character there Home Occupation: Any incidental and subordinc Horticulture: The use flowers, nursery stock,; once in one hundred (1 statistical analyses of sjr( and runoff characteristic, )ation or activity he use of the pr( for the:, growing the ingress: n means or piaceo. In- Home;.Daycare: A dwells care of children or adults. TI other by blaod or marriage adults. Thoseegeiving care site. For the purpose of thl occupations. If childrenat standards for reaistration -anc or other by #,he resident thereof, provided to the use of the dwelling unit for unit which is clearly dwelling duction for income of fruits, vegetables, trees, and cultured sod. A flood having an average frequency of occurrence )ugh the flood may occur in any year. It is based on ds available for the watershed and analyses of rainfall region bf'the watershed. act of coming in; an entrance. ig. in which `a permanent occupant of the dwelling provides the ose receiving care are not all related to the occupant or to each and are not the legal wards or foster children of the attendant Yhd who are not dependents of the occupant do not reside on the Ordinance, such activities shall meet all requirements for home the primary clients of the use, the home must meet all state inspections and DHS requirements. Kennel: The use of land or building for the purpose of selling, breeding, boarding, or training cats or dogs or both. Land Area: The area of a lot plus one -half (1/2) or thirty (30) feet, whichever is less, of the right - of -way of any abutting street to which the lot has access. Land Coverage: The land area of a lot covered by building or buildings, except structural parking. Landscaping: The process or product of site development including grading, installation of plant materials and seeding of turf or ground cover. 175 Low Impact Design (LID): Systems and /or practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. Light Pole Displays: A display that is mounted on a freestanding pole. Loading Berth, Off - Street: A space of at least ten (10) feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. Loft: The floor placed between the roof and the floor of the uppermost story within a single - family detached dwelling, the floor area of which is not more than one -third (1/3) of the floor area of the story or room in which it is placed. Loff Apartment: A dwelling unit that is typically found in previous1 Lot Area: The total horizontal area within the lot lines of a lot. Lot Line: Any boundary of a lot. Lot Line, Front: The boundary of a lot which abuts a public street. one (1) street, the owner may select the front lot line. Lot Line, Rear: The boundary of a lot which is most distant from' front lot line. Lot Line, Side: Any boundary of a lot which Lot of Record: A lot which is a part of a su office of the County Clerk of the County in of which is recorded in the office of the located. Lot Width: The averac Marquee: A roof -like and may overhang a mortar. like of ;idential buildings. the lot ;abuts more than most nearly parallel to the :i front lot line or a =Fear lot line. in, the plat of which,•has been recorded in the the lot is.located, or a parcel of land the deed ly Clerk of the, County in which the parcel is the side lot lines. that projects from the wall of a building 1 may be a part thereof. el.,,,., Masonry that are laid up unit by unit and set in I or` manufactured stone; structural clay tile; indented, unit, or a combination of these materials. Masonr.v =Like Construction = :Materi en als (as on a building facade): Masonry-like construction matals.,include fiber reinforced cement "exterior siding, stucco, synthetic stucco, dryvit, Exterior Insulated',Finish Systems (EIFS), or similar exterior cladding; and concrete tilt wall, pour -in -place concrete wall, and pre -cast wall that are at least two (2) inches thick and that are profiled, sculptured, fluted, exposed- aggregated, or have other non - smooth architectural concrete finish. Microbrewery: An establishment in which beer or malt beverages are made on the premises and then sold or distributed, and which produces less than 15,000 barrels (465,000 gallons) of beer and malt beverages per calendar year. Where allowed by law, microbreweries may include tasting rooms and direct sales to consumers in addition to other methods of distribution. Mini - Storage: A building containing small partitioned storage spaces which are separately and individually rented or leased for the storage of personal goods or merchandise, but excluding commercial warehousing. Minor Variance: A small variation from the requirements of the Zoning Code. A Minor Variance approval is essentially a certificate of permission, because it allows the property owner to obtain 176 a Building Permit even though their property does not comply precisely with the requirements of the Zoning Code or Subdivision Regulations. Mixed -Use Development: A single building containing more than one (1) type of land use or a single development of more than one (1) building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking area. Mobile Food Unit: A temporary food or drink service establishment that is vehicle- mounted, designed to be readily movable, and operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, picnic, concert, public exhibition, or similar transitory gathering. Must be accessory to the principal permitted use 'such as a fair or carnival. Also known as food trucks. N/A: Not Applicable Non - Combustible Material: Any material that will not ignite at or below 0, temperature of one thousand and two hundred (1200) degrees Fahrenheitand will not continue' ;to burn or glow at that temperature. North American Industry Classification System (NAICS):, The standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy: Non - Conforming Use: A non - conforming combination thereof, that is non - conform districts identified in this Code. Non - Living Materials: Landscaping stone, bark, and similar materials:,. have received the Nuisance: An Obstruction: Any dam, refuse fill;.•sttucture;';gr:rmatter thf watercourse, or regulatory; flood �tj direction of the flow of water either water; ;or that is placed where the damage.of life or property. Opaque Notable to be seen.throuc s is a use of land, buildings, or other structures, or any I to this:, permitted or specific uses listed by the zoning ais" used .to_' complement plants such as river rock, of t*Code, non - profit organizations are those that of property. lbankment" levee, dike, pile, abutment, projection, conduit, culvert, building, wire, fence, rock, gravel, in, along, across, or projecting into any channel, area which may impede, retard, or change the flf or by catching or collecting debris carried by such of water might carry the some downstream to the Outdoor Sales. Use of property for the display and sales of products and services, primarily outside of a building„ or .structure, including but not limited to manufactured homes, burial monuments, swimming-,pools, and portable storage sheds, including related repair activities and sale of parts. Material sold is usually stored outdoors and typically a building is on -site in which sales may be consummated or products displayed. Outside Animal Run: An outdoor fenced area used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch. Overlay District: The application of an additional layer of development standards, regulations, or exceptions that modifies existing land use regulations. It acts as a supplement to the underlying zoning designation. 177 Over -speed Control: A mechanism used to limit the speed of blade rotation to below the design limits of the WECS. Parking Duration: The length of time an individual vehicle remains in a given parking space. Duration is a function of the driver's trip and purpose, and it increases with increasing city size. Parking Space, Off - Street: A space on a lot intended and reserved for the parking of an automobile. Such space has a driveway connecting the space with a street or alley and permitting safe ingress or egress of an automobile. Pavement: Surface constructed of double bituminous concrete or asphaltic concrete. Pennant: Any lightweight plastic, fabric, or other material, whe of any kind suspended from a rope, wire, or string, usually in wind. Permanent Accessory Building: A building separate from the main permanent -type foundation with plumbing, electrical, or gas service c Place of Assembly: A building or structure, or group of buildings or for the conducting of organized assembly. May include, but is nc assembly halls, and fraternal /social clubs. Accessory uses may.,'> childcare provided for persons while they are attending asserriblyfL Planning Commission: The City of Owass Planned Unit Development: A discretion ownership or control, based upon an principal land uses, lot sizes, and acce development standards. Planting Yards: The zoning districts and c a. Buffer Yard: i screening me property lines b. Buifdind Yard Mil minimum width. A dt containing a message designed to move in the that is set on a s, intended primarily to religious facilities, neetina -rooms and tract of land under single n, permitting flexibility of able under conventional lion of landscaping and /or screening material between ses. The four types of planting yards are as follows: �mprised of a strip of land containing landscaping and /or i varying minimum width, located along side and rear districts and /or between certain individual uses. d com'prisecJ of a strip of land containing landscaping front and /or sides of a building and having a varying yard comprised of a strip or strips of land containing around and within a parking lot and having a varying I yard comprised of a strip of land containing landscaping the parallel to a public street, or streets and having a varying Point of Service: The location where a driver comes face to face with an employee of the business and remits payment and /or is provided with goods purchased. In locations with two (2) service windows, the first in line shall be considered the point of service. Pole Sian: A sign that is supported by one (1) or more poles, uprights, or braces in the ground that is not a part of or attached to the building Pop -Up Tent: A tent or other similar structure set up temporarily on a piece of property that sells, solicits, or peddles items. This shall not include seasonal garden tents, sno -cone stands, etc. that are approved with a Temporary Use Permit (TUP). 178 Private Club or Recreational Facility: Recreation facilities open only to bona fide members and guests of the private organization operating the facility. Queuing: A place where a vehicle awaits service in a line designated only for that use. Recreational Vehicle (RV): A unit designed as temporary living quarters for recreational, camping, or travel use that may be self - propelled or towed by an automotive vehicle. Recreational vehicle shall include motor homes, travel trailers, truck campers, camping trailers, converted buses, house boats, or other similar units as determined by the Community Development Director or their designee. A recreational vehicle may or may not include individual toilet and bath. Regulatory Flood: A flood having a one (1) percent chance of b any given year based upon the full potential urbanization 61 considering the Land Use Master Plan, adopted Floodplain >,M watershed Master Drainage Plan where adopted. Screen or Opaque Screen: Vegetation, fence, wall, berm, or a these which partially or completely block the view of, and provide or all of a site from an adjacent property or right -of -way. Setback: A horizontal distance determining the location' use district boundary line, or another use. Where the term modifying word or words such as "parking; area ", the setb not be limited to buildings. Senior Housing: A multi - family structure, cont( profit corporation, eighty (80) percent of whosE over. Senior Housing, Assisted .Livrn ome or chronically or incurably.ilf�persons in which five family are provided with food and shelter or c< clinics, or similar institutions:; devoted "primarily to equaled or exceeded in contributing watershed ement Policies and the of any or all of lion of a portion with respect to a street, 'is used in conjunction with a in its application include but ional body, or non - (65) years of age or ential complex licensed for the aged or more of such persons not of the immediate compensation, but not including hospitals, agnosis and treatment of the sick. Senior Housing, Attached: Typically one (l,) and two'(2) bedroom apartments or condominiums designed to meet the.needs of:personsusixty =flue (65) years of age and older. Senior Housina, Independent Living:, A residential complex containing multi - family dwellings designed'for and principaliy occupied -by senior citizens. No nursing care or institutional care is proOdod on -site. These offer; minimal, convenience services, but focus on attracting elderly residentsso as to provide a social support system among the residents. Shrub Large:' An upright planf growing to a mature height of more than six (6) feet for use as natural ornarneittation or screening. Shrub, Medium "Ali, uprighf plant growing to a mature height of less than six (6) feet for use as natural ornamentation. or screening. Shrub. Small: An upright plant growing to a mature height of less than four (4) feet for use as natural ornamentation or screening. Side Elevation: The side of any building or structure, typically not facing a public street. Sight Triangle: A triangle at an intersection, formed by the two (2) roads or rights -of -way and a third line, which must be kept clear of obstructions such as hedges so that people in a road can see cars approaching on the other. Sign: A sign includes any device that displays or includes any letter, work, model, banner, flag, pennant, insignia, propeller balloon, device, or representation that is used as or is in the nature of 179 an advertisement or announcement or that directs attention to an object, product, place, activity, person, institution, organization, or business. Does 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. Sian, 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 appdrert, 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, up(ghts, 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 i's not a part of a building. Sign, Height: The vertical distance measured from the curb level to the highest point of the sign. Sign, Illuminated: Any sign designed to give forth any artificial light, or designed to reflect such 11 light deriving from any source that is intended to cause such light or reflection. Sign, LED: An LED sign is a flat panel display to create a video display diodes as pixels Sign, Moving: Any sign, br part of a sign, whether illuminated or unilluminated, that does not remain stationary at all times, regardless of any power source that may affect movement. This includes vehicular signs.streamers, and pennants. Sign, Political: A sign that M'akesrknown the name or information about a person running for an office or any other information concerning; a politicai'campaign or election issue of any nature. Sian. Roof.Asign constructed upon or above a roof or parapet of a building whether extending beyond `th,e highest point- ,of.the building or not. Siao Sandwich Board fA-Frairie): An advertising or business ground sign that is not secured or attached to the ground or surface upon, which it is located; constructed in a manner as to form an "A" or tont -like shape, hinged or not hinged at the top. Sign, Snipe: AJ!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. Sian, Temporary: A sign that is not intended to be used or installed permanently and /or that the Community Development Director or their designee deems to not be constructed or erected in a manner consistent with the stated purpose of this Code. Sign, Vehicular: A vehicle, whether motorized or a trailer, which is mounted above the ground as a sign or part of a sign, or any sign attached to or painted on such a vehicle which is mounted above the ground or which is parked so as to be visible from a street when such vehicle is not actually used for transportation in the day -to -day affairs of its owner. 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. OES T Sianificant Stands of Trees or Shrubs: A massing or group of trees or shrubs which are: a. In good condition and are established on the site; b. Which maybe among the earliest grown species of the area; or c. Which have been identified by the community in a particular area. Small Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics which will be used primarily to reduce on -site consumption of utility power. Special Exception: A design element or structure that may not conform to the dimensional or spatial requirements of the base zoning district in which it is located'but may be allowed under certain circumstances with approval from the Owasso Board of Adjusfinent (BOA). State Statute: An act of a legislature that declares, proscribes, or commands something; a specific law expressed in writing. Street Tree: A tree planted along a public street or roadway behind or within the right -of -way. Street Wall: The wall or part of the building nearest to the,street line. Structure: Anything constructed or erected with a fixed locgtiomon the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs. Substantial Damage: Damage of any origin'sustgined by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial Improvement. Any,reRair, reconstruction .or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: a. Before the improvement of repair is started, or b. If the structure h' 'been damaged and is being restored, before the damage occurred. For the purposes of this definitiorr' "substantial improvement" is considered to occur when the first alteration affects.the externdl dimensions;of the, structure. The term does not, however, include either a: Any project for improvement of a structure to comply with the existing state or local °health, sanitary, or sa % #y code'specifications which are solely necessary to assure safe Iivigg conditions; or b. Any;plteration of a structure listed on a National Register of Historic Places or a State Invent of Historic Places. Telecommunications Anteriiia: An antenna used to provide a telecommunications service. Telecommunications;.;Th,e 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. Telecommunications service: 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. Telecommunications Tower: A structure more than ten (10) feet tall, built primarily to support one (1) or more telecommunications antennas. fill Temporary Accessory Building: A building separate from the main structure that is capable of being moved around on the property that has no permanent plumbing, electrical, or gas connections. Temporary Use. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period, which may include: a. A temporary building or structure without any foundation or footing (such as and similar to a sno -cone stand, drink stand, hot dog stand, or a food truck stationed at one (1) location); b. Mobile Food Units; c. Short -term, temporary retail uses, also known as pop -up shops or pop -up retail; and d. Temporary outdoor activities that are carried out primarily out -of -doors for a fixed period of time, including flea markets, fireworks, displays, speeches, fahrn stands, seasonal sales, swap and shop market, racing meets, circuses, carnival, concerts, and parades. Temporary uses usually do not involve the construction or alteration of any permanent building or structure, although the authorization of the temporary use does not necessarily preclude such construction. Tiny House: A single - family dwelling of maximum four hundred, (400) square feet and less than eight hundred 800 square feet built within Owasso City Limits after the date of passage of this Zoning Code. This house is a permanent sfruc#ure,that is constructed on- or off -site. Top Plate: The horizontal timber directly carrying the_tfusses of a roof or the rafters. Total Height: The distance measured from ground level to th e,,blade extended at its highest point. Tree, ornamental: A small ,"to medium tree, grovring to a mature height of fifteen (15) to forty (40) feet and characterized by specific aesthetic.qualities, such as colorful flowering, interesting bark, or brilliant fall foliage, Tree. Shade: A large free growing to a height of`forty (40) feet or more at maturity, usually deciduous, and ,characterizetl by its ability;to provideshade. Variance 'A`relaxatiorr'of. a restriction of the Code, granted by the Owasso Board of Adjustment (BOA) where by reason of:exceotibnal narrowness, shallowness, shape, topography, or other extraordinary or exceptional,�situation ;,'condition, or circumstance of a particular property, the literal enforcement of the Code would result in unnecessary hardship. Vetennar Clinic: A building used exclusively for the care and treatment of animals, including incidental overnight boarding;of animals within the enclosed building but excluding outside animal runs or`'bogrding service3. Vines: A woody piarit,thatspreads as it grows over the ground, walls, or trellises. Wainscot: A decorative building material applied to lower portions of an exterior wall. Wall: The exterior surface of a building or structure. For purposes of this Code, other than size limitations, a wall shall be determined to include mansard -type or sloped roof structures. Whip Antenna: An omni - directional dipole antenna of cylindrical shape that is no more than six (b) inches in diameter. Wind Energy Conversion System: A wind - driven machine that converts the kinetic energy of the wind into a usable form of electrical or mechanical energy. The WECS includes all parts of a system except the tower and the transmission equipment. 182 Windmill Rotor: That portion of the windmill which includes the blades, hub, and shaft. Windmill Tower: The supporting structure on which the rotor, turbine, and accessory equipment are mounted. 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 Code, "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 Code, a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. Xeriscape: Landscaping with native plants that utilize the the best advantage, conserving water and protecting the r Yard: An open unoccupied space on a lot between a bull( Yard. Front: A yard extending along the full length of Jh6ftc Yard Reauired: The minimum permitted distance of op building and a lot line. conditions to g and a lot'llne. lot lines between -the side lot lines. i unoccupied space, between a Yard. Rear: A yard extending along the full length of the rearIc Yard Side: A yard extending along a sidelotline between the Zero Lot Line: A common lot line on which Zero Lot Line Development: Single- family structures with one or more side walls on a between the side lot lines. and the rear yard. lots as detached 183 APPENDIX A BYLAWS FOR OWASSO PLANNING COMMISSION ARTICLE I. Name. The name of this Commission shall be the Owasso Planning Commission hereinafter referred to as the "Commission ". ARTICLE Il. Membership. Section 1. Number. The Commission shall consist of five (5) members. Section 2. Qualification. Members shall reside within Owasso "City Limits and shall be nominated by the Mayor and confirmed by the City Council of Owasso. Section 3. Code of Ethics. Any member to whom some private benefit, direct or indirect, financial or beneficial or otherwise, may come "as 'a - result of a public action concerning the Planning Commission, shali'not be a participant in that action. The possibility, not the actuality of a conflict, shall govern. The individual experiencing a conflict of interest shall declare their interest, 'abstain from voting on the matter, and refrain from any deliberations on;, the mater. .The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon. ARTICLE Iii. Officers. There shall be the:following officers: chairman and vice - chairman. Section 1. Election of Officers. Election of `said officers shall be held annually at the first meeting of the Commission after July .l of each year. The term of each office shall be one (1) year commencing immediately upon the election of each officer. Any vacancy in office shall be. filled by the Commission for the unexpired term only. Section 2. Duties and Powers a. Chairman. The chairman shall =have the following duties: L Presid&at all meetings; 2. Assist in'preparing,the agenda; Follow, the agenda; and d Allot all sides of a case to be heard. b. Vice Chairman. The vice - chairman shall preside at all meetings in the absence of the chairman. ARTICLE Vi. Committees. 'The Commission may establish any, and as many, standing committees as,it deems desirable. A motion to establish a standing committee and ,.its membership shall receive a vote of three (3) members. The duties are sublect;to;'be reviewed by a standing committee and may also be outlines and passed' an affirmative vote of three members. ARTICLE VII. Meetings. Section 1. Time and Place. The meetings of the Commission shall be held in the City Council meeting room at Old Central, unless otherwise provided by the Commission for particular meetings. The meetings shall be held at 6:00 p.m. on the Monday following the first Tuesday of each month as needed unless otherwise set by the Commission. Special meetings may be held on call of the Chairman at such time and place as may be designated. 184 Section 2. Quorum. Three (3) members shall constitute a quorum. ARTICLE VIII. Votes. In making any recommendation, adopting any plan, or approving any proposal, action shall be taken by not less than three (3) members of five (5) members regardless of the number of members absent. ARTICLE IX. For the purposes of rulings from the chair or other parliamentary decisions, Robert's Rules of Order Newly Revised shall control. ARTICLE X. Absences of Members. When a member fails to attend three (3) consecutive regular or special meetings, or if a member fails to attend fifty (50) percent of the regular or special meetings held during any six (6) month period, the Commission may request the Owasso City Council to replace that, member. ARTICLE XI. Amendment of Bylaws. Any proposed presented in writing to the members of require an affirmative vote of three (3) m these by -laws shall be at a meeting and shall 185 APPENDIX B BYLAWS FOR OWASSO BOARD OF ADJUSTMENT ARTICLE 1. Name. The name of this Board shall be the Owasso Board of Adjustment, hereinafter referred to as the "Board". ARTICLE II. Membership. Section 1. Number. The Board shall consist of five (5) members. Section 2. Qualifications. Members shall reside within Owasso ";Cit nominated by the Mayor and confirmed by the City Cpunc Section 3. Code of Ethics. Any member to whom some pnvdte ber financial or otherwise, may come as a result of a public. c Board, shall not be a participant in that action: The possibil a conflict, shall govern. The individual experiencing a c declare their interest, abstain from voting on the matter, deliberations on the matter. The individual shall not disc Limits and shall be of Owasso. fellow official for the purpose of influencing a decision thereon. ARTICLE III. Officers. There shall be the following o Section 1. Election and Officers. The Board shall the regular meeting date in ,June whi< be for the purpose of conducting amE (1) year from the date of election. F Commission for the unexpired term on Section 2. Duties and Re'soorosibilities. a. Chairman. The, ,Chairman shall of-the Board and insuring tha City`'of Owasso and the laws business of "the Board shall be(' mind at -all times that each me 'shall be in the nature of a' mo for., ard statements, policy, , direct or indirect, on concerning the not the actuality of ict of interest shall of refrain from any the matter with a and vice- chairman. nduct an annual meeting each year on in addition to their regular business, shall :tion of officers to serve for a term of one vacancy in office shall be filled by the be responsible for presiding at the meeting all requirements of the ordinances of the of the State of Oklahoma are met. The onducted in an orderly manner keeping in nber of the Board is an equal. This position Jerator and as a spokesman to the public or procedures for the conduct of Board b. Vice - Chairman. The Vice- Chairman shall serve as chairman in the absence ='.of the chairman and at those times comply with the responsibilities and duties of the chairman. Boardi' "tMembers. Each Board member is an equal and shall be responsible for the conduct of Board business in a dignified and orderly manner to demonstrate and reflect the high character and moral integrity of each of the Board members. At all times Board members shall maintain strict impartiality and concern themselves solely with the health, safety, and welfare of the citizens of the City of Owasso. ARTICLE IV. Meetings. Section 1. Time and Place. The meetings of the Board shall be held in the City Council Chambers at Old Central, unless otherwise provided by the Board for particular meetings. The meetings shall be held at 6:00 p.m. on the fourth Tuesday of each month as needed. Special meetings may be held on call of the Chairman at such time and place as may be designated. U-2 Section 2. Quorum. Three (3) members shall constitute a quorum ARTICLE V. Motions and Votes. Section 1. Motions. All items of public business coming before the Board on application shall be determined by motion, second, and vote of the Board unless the Board fails to receive a motion or a second to a motion. Delegation of authority for the performance of purely administrative functions and such other items as the Board may determine may be acted upon by the simple agreement of all members present. Section 2. Votes. The approval of applications coming before the, Board shall require three (3) affirmative votes of those members present; unless` three (3) affirmative votes are cast the application shall be considered denied,`; On administrative questions (i.e., interpretations), amajority vote of the members present at the meeting shall be decisive. The vote shall be by roll call. ARTICLE VI. Parliamentary Procedure. For purposes 'of rulings from the chair or other parliamentary decisions, Robert's Rules of Order Newly Revised shall control. ARTICLE VII. Absences of Members. When a member, regular or special meetings, or if a member ! regular of special meetings held during and request the Owasso City Council to replace ARTICLE VIII. Amendment of Bylaws. A presented in writing to the an affirmative vote of three ARTICLE IX. Section 1. attend three (3) consecutive attend fifty (50) percent of the month period, the Board may amber. =nt .to these by -laws shall be A a meeting and shall require a. The Chairman, or in the absence of the Chairman the Vice - Chairman, shall call the meeting to order noting the time and date, and shall call the roll ihdicating those members absent. Before order of business shall be conducted on any:Board of `Adjustment application, or any item that requires `publication, 'the,' Chairman shall check to assure that all requlfements „of Notice of Public Hearing have been completed. Application shall =;be continued if said Notice is not complete. b. Each agenda item "shall be announced by the Chairman in the order that it appears on the published agenda unless otherwise agreed to by a majority,,-- irate of the Board members present. Section 2. Rublic Hearing-T=edure. a, The Chairman shall then call on persons on the Board's staff for a detailed stttement and history of the item under consideration. b. The Chairman shall call on applicant or applicant's representative for presentation of the application. In the absence of a statement by the applicant or applicant's representative, the staff's statement may be considered by the Board. c. After presentation of the application as above set out, the Chairman shall provide all persons present an opportunity to speak for or against the application. The order of speaking opportunity shall be determined by the Chairman. The Board may by majority vote at any time call a halt to speaking opportunity when it appears the statements are repetitious. 187 d. Any members of the Board may at any time during the presentation of an agenda item ask questions of the applicant, persons on the Board's staff, other Board members or interested parties without being recognized by the Chairman, however, each member shall conduct themselves in a businesslike manner when asking such question or questions. In the event disorder should erupt among Board members during the questioning process, any Board member may move to grant the Chairman the temporary right to require recognition before speaking. Amy member of the Board shall be entitled to make a motion that the presentation has become repetitious, call for a second and vote on the question at any time after allowing proponents and opponents an opportunity to present all issues having merit in relation to the application. W-9 0R..1ft.pl.-R..lCharacter •Real Community TO: The Honorable Mayor and City Council City of Owasso FROM: Larry White Director, Support Services SUBJECT: Third Amended E -911 Interlocal Agreement DATE: April 6, 2018 PROPOSED ACTION: Staff is requesting City Council consideration and action to approve the Third Amended E -911 Interlocal Agreement. BACKGROUND: In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first 'Interlocal Agreement' with Southwestern Bell Telephone and established "Enhanced" 911 Emergency Telephone service. The "Enhanced" 911 service provided the location of the emergency in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. A new Interlocal Agreement dated June 19, 2006, was executed by the participating jurisdictions. This agreement provided for the restructuring of the Regional 911 Board. This resulted from changes in jurisdictions purchasing new 911 equipment and services to become Phase 2 compliant, which allowed each jurisdiction the ability to locate wireless calls. In 2009, the Regional 911 Board voted to add the City of Bixby to the list of Members to the Interlocal Agreement. The Board also voted to change the date for the adoption of a budget resolution from April 1 to March 1 each year in order to facilitate the budgeting process in each jurisdiction. The First Amended Interlocal Agreement was executed by the participating jurisdictions in 2009. On September 17, 2016, the Regional 911 Board voted to add the City of Broken Arrow to the list of Members to the Interlocal Agreement in order to better facilitate the delivery of Enhanced 911 services throughout the Tulsa Metropolitan Area. The Second Amended Interlocal Agreement included the addition of the City of Broken Arrow. It further provided that the method for allocation of costs for the joint funding of the Enhanced 911 Emergency Telephone service would be determined in the Annual Budget adopted by the Board based on population calculations provided by INCOG. All parties participating in the Board would share proportionally in the cost of the 911 network. Other charges not related to the network were further specified as to the share of those charges to be paid by the Members. The Second Amended Interlocal Agreement was executed by the participating jurisdictions in 2016. THIRD AMENDED INTERLOCAL AGREEMENT During the past 12 months, the Regional 911 Board voted to add Tulsa County and Osage County to the list of Members to the Interlocal Agreement. Claremore and Rogers County have consolidated operations into the Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority. These additions and changes are reflected in the Third Amended Interlocal Agreement. Each Member jurisdiction has been requested to approve the Third Amended Interlocal Agreement. The Second Amended Interlocal Agreement will be replaced in its entirety. PROPOSED ACTION: Staff intends to place an item for consideration and action during the April 17, 2018, City Council meeting. ATTACHMENT: Third Amended Interlocal Agreement THIRD AMENDED INTERLOCAL AGREEMENT - -- The lnterlocal Agreement creating the Regional 9 -1, -1 Board was approved by the Attorney General on June 19, 2006. In 2009, this agreement was first amended to include Bixby as a member and to make certain changes to the cost allocation and annual budget deadlines. The lnterlocal Agreement was amended the second time after the Regional 9 -1 -1 Board voted to include Broken Arrow, Oklahoma as a member. The cost allocation formula for both Broken Arrow and Rogers County were amended to reflect the agreement of all the parties. Since the last amendment, the Regional 9 -1 -1 Board has voted to include Tulsa County and Osage County as members. Claremore and Rogers County have consolidated operations into the Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority. The amendments contained in this document reflect those changes. In consideration of mutual promises herein contained, the Second Amended lnterlocal Agreement is hereby amended by striking the entire agreement and substituting the following: . THIS AGREEMENT is entered into by and between the following parties: City of Bixby City of Broken Arrow City of Collinsville City of Glenpool City of Jenks City of Owasso City of Sand Springs (hereafter "Members ") City of Sapulpa City of Skiatook City of Tulsa Osage County Tulsa County Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority WHEREAS pursuant to 74 O.S. §1001 et seq., the Members are authorized to enter into an lnterlocal Agreement for the purpose of jointly cooperating for their mutual advantage; and WHEREAS the Members desire to share in the costs of 911 related equipment, networking and database services in order to save money and enhance interoperability in case of a mass emergency, THEREFORE, in consideration of the mutual obligations and benefits described herein, the parties hereby enter into this Agreement as follows. I. REGIONAL 911 BOARD CREATED A. There is hereby created by this Agreement a Board to be known as the Regional 911 Board, (Board) consisting of duly appointed representatives from each of the Members. The Board shall have the powers and duties outlined below. Quorum, voting procedures, representation on the Board, attendance, minutes of the meeting, officers, term of office, committees, and all other operational issues shall be specifically regulated in the by -laws of the Board, which must be approved by the Board by a majority vote of the Members. A representative of the Indian Nations Council of Governments (INCOG) shall be a nonvoting member of the Board. B. The Board shall designate the time and place of all meetings, which shall be held no less frequently than quarterly and which shall be conducted in compliance with the Oklahoma Open Meetings Act. 11 : • • A. The purpose of the Regional 911 Board shall be to cooperate in the efficient administration of all 911 related duties in the jurisdictions represented by the Members. The Board shall procure 911 equipment and services in order to receive and to correctly route 911 calls to the appropriate jurisdiction. Costs for the purchase and on -going use of that equipment and services shall be shared among the Members in the manner more specifically set out below. B. Each Member, not the Board, will be responsible for the daily operation of its 911 center, the delivery of 911 services, and interacting with vendors regarding equipment or service problems in its 911 center. C. The Members may also share administrative, monitoring, mapping, addressing, database maintenance, training or other functions as the Board recommends from time to time, in a manner more specifically set out in a memorandum of understanding. D. The Board may also share information on legislative policy and best practices with its Members, jurisdictions that subcontract with Members for 911 services, and representatives of other jurisdictions attending Board meetings. III. PAYMENT OF COSTS A. Each Member shall pay its share of equipment and other agreed -to costs in the manner set out in the Annual Budget adopted by the Board. B. Members agree to make monthly payments to the Board, c/o INCOG, for its share of the total costs of maintaining the regional 9 -1 -1 system as calculated by the annual budget. Payments shall be mailed or delivered to the - -- authorized notice address for the Board. - -- C. The Board will revise its population calculations, cost sharing proportions and cost allocation formula annually, using population estimates provided by INCOG. D. Nothing in this Agreement imposes or implies any duty for any Member to indemnify the Board or any other Member or to contribute more than its agreed upon share as outlined in this Agreement or in a memorandum of understanding entered into by the Members. IV. MEMORANDA OF UNDERSTANDING The Members may, from time to time, agree to share other 911 - related duties including, but not limited to contract administration, contract monitoring, mapping, addressing, training or other administrative duties. The Board may recommend memoranda of understanding setting forth the additional duties, the proposed proportional cost and terms for cost sharing, however, no Member shall be obligated to participate in or to pay for additional duties until it has approved each memorandum of understanding and its governing body has appropriated sufficient funds to pay the additional costs. V. BUDGETING On or before March 1, the Board shall adopt by resolution a proposed budget for the upcoming fiscal year. The budget shall include revised population estimates for the upcoming year, an itemization of annual equipment costs, an itemization of each jurisdiction's proportional share of the equipment costs, a detailed explanation for any and all additional costs to be shared during the upcoming fiscal year, and the proportional share of those costs attributable to each jurisdiction. As of the date of this agreement, the Board has agreed that all parties share proportionally in the cost of the 9 -1 -1 network, which enables the regional interoperability between the parties. All parties with the exception of Broken Arrow, Osage County and Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority also share proportionally in other 9 -1 -1 related costs including equipment, database, end office trunks, selective routing, Phase 11 and other charges not related to the network. Broken Arrow, Osage County and Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority shall each pay 100 percent of those charges that are attributable to each of their 9 -1 -1 centers. VI. DUTIES OF THE BOARD A. The duties of the Board shall include the following: 1. Procure 911 equipment and services. 2. Enter into contracts with vendors for the delivery of 911 equipment or services. 3. Monitor contract performance by vendors. 4. Regularly provide information on performance by vendors, equipment and services. 5. Calculate and review cost allocations to assure fair and accurate distribution of costs among Members. B. Resolve all disputes among Members regarding cost allocations. 7. Facilitate sharing of 911 functions among Members. 8. Enter into contracts with non - member jurisdictions for the sharing of 911 network facilities and equipment. 9. Recommend any memoranda of understanding prior to approval by the Members. 14. Review all requests to participate in the Regional 911 Board by other jurisdictions and make recommendations to the Members regarding the approval of such requests. 11. Adopt by -laws consistent with this Agreement. Adopt policies and procedures as directed by the Members. 12. Share 911 information, monitor and propose legislative initiatives and share best practices among Members and non - member jurisdictions that attend Board meetings. 13. Perform other tasks consistent with the purpose and intent of this Agreement and any memoranda of understanding entered into by the Members. VII. PROPERTY ACQUISITION /HOLDING The parties agree that no real property shall be acquired jointly during the course of this Agreement. Personal property that is acquired during the term of this Agreement and any renewals thereof shall be the property of the Regional 911 Board. The Board may own, maintain, upgrade, sell, lease, alter or dispose of the personal property at any time by action of the Board. Any property owned by the Board at the time of dissolution of the Board or upon termination of this Agreement shall become the property of the Members and former Members in undivided shares equal to the proportion of cost paid for the property by each Member and former Member as compared to the total cost paid by all Members and former Members. Vill. DURATIONITERMINATION A. This Agreement will become effective from the date of approval or June 30, 2018 (Initial Term). This Agreement shall be automatically renewed by each Member for one -year periods commencing on July 1 of each year and continuing until June 30 of the following year subject to the following conditions: 1. Renewal of this Agreement for each Member is subject to the Member's annual appropriation of sufficient funds for the Member's fiscal year (July 1 to June 30) to pay the costs allocated to the Member for that fiscal year. In the event that a Member does not appropriate or budget sufficient funds to pay its allocated share of costs for a fiscal year under this Agreement, the Agreement will not be renewed by the Member. 2. A Member must deliver written notice to terminate or not to renew its membership in the Regional 911 Board to the Board in an open meeting at least sixty days prior to the end of the fiscal year. Termination of all obligations for the terminating or nonrenewing Member will occur on the last day of the fiscal year in which the notice was received, provided that the provisions of the next paragraph are met. 3. Should a Member elect to terminate or not to renew its membership, the Board, in cooperation with the terminating or nonrenewing Member and any equipment vendors with which the Board has contracted for the purchase of equipment, will value the cost remaining to be paid for the purchase of equipment. The terminating or nonrenewing Member shall, subject to appropriation of funds by its governing body, pay its share of that cost to the Board. B. Termination of membership in the Regional 911 Board will not alter any contractual rights or obligations a Member may have with a vendor. IX. ADDITION OF MEMBERS/ DISSOLUTION OF BOARD A. New members of the Regional 911 Board may be added by a majority vote of the current Members. New members shall pay the share of costs of the regional 9 -1 -1 system in an amount to be determined by the Board. Such proportional cost may include an adjustment to compensate existing and former Members for previous costs.paid. This Agreement may be amended to add Members as the need arises. B. This Agreement may be terminated and the Regional 911 Board may be dissolved by a majority vote of its Members. X. NOTICE A. Any notice to be given under this Agreement will be deemed given on - -— - -the date-of-personal delivery-or-upon-the-date p -of-mailing-if mailed-by certifred -- --------------- -- mail, return receipt requested, with proper postage thereon, to a Member at the address indicated below the signature of each Member and to the Board at the following address: REGIONAL 911 BOARD c/o INCOG 2 W 2 °d Suite 800 TULSA, OK 74103 B. The authorized notice address for the Board or a Member may be changed by giving written notice to the Board and all Members. XI. ADDITIONAL TERMS This Agreement may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts, duplicate signature pages shall be sent to INCOG. I NCOG shall compile the original, forward it to the Attorney General's office for approval and distribute fully executed copies to each Member. i Name of Jurisdiction: _ Uqy U1 , (title) ATTEST Secretary (seal) Contact Person and Address for Notices required under this Agreement (person) (address) aut Po.Me -aeatc aaer autcommvmir TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Review of Rates and Fees - Proposed Fee Changes Parks, Police Records and Cemetery DATE: April 6, 2018 BACKGROUND: As part of an ongoing review of all rates and fees, changes were presented for review and discussion at the March 13, 2018, work session meeting. Discussion of fees relating to use of park shelters and community center rooms, fees charged by the police records division and fees for services at the Fairlawn Cemetery will continue at the April 10 work session. The schedule of current and proposed changes is attached. Proposed increases include fees for park shelter reservations and for cemetery services. A schedule of proposed fee changes for rental of the Old Central rooms and furniture is also included for discussion. PARKS, RECREATION AND CULTURE: Park shelters are available to be reserved by individuals or groups for private events. The fee for a 2 -hour shelter reservation would increase from $25 to $30. Ballfields at McCarty Park are no longer available to be reserved. Those fees would be deleted from the fee schedule. No rate changes are proposed for use of the Community Center meeting rooms reserved by individuals or groups for private events. POLICE RECORDS DIVISION: No rate changes are proposed for the schedule of fees related to police records. Wording changes would substitute "media" for the word "tape" and would clarify the minimum fee for research. CEMETERY: Fairlawn Cemetery fees for interment services and for burial spaces are proposed to increase. The current interment fees were established in 2004 and the price of a burial space in 1986. The fee for weekday interment services would increase from $400 to $600. Currently, no burial spaces are available, but the rate is proposed to increase from $300 to $700. Cemetery fees vary widely across the Tulsa metro area. Generally, fees at public or city owned are less than fees at private cemeteries. Weekday interment services range from $250 (City of Claremore) to $1,118 (City of Broken Arrow). All have restricted hours for services and charge additional fees for overtime and Saturday services. The attached fee comparison includes the city -owned cemeteries in Broken Arrow and Claremore and the privately -owned Graceland Memorial Park Cemetery on E 116 St N in Owasso. OLD CENTRAL: New fee increases are proposed for the rental of rooms and tables and chairs at Old Central. The building is often used for weddings and private or family parties. Room rental is for a minimum of four hours. City staff provides the set -up and take down of tables and chairs. As a meeting /event facility, the city competes directly with other commercial businesses. Rates recommendations are intended to keep rates within an accessible price range for families, but not to compete unfairly with other commercial facilities in the community. A schedule of current and proposed fees is attached. PROPOSED ACTION: Based on council discussion, proposed fee changes will be recommended for approval at a future meeting. ATTACHMENTS: Schedule of Rates & Fees - Parks, Police Records and Cemetery, dated March 9, 2018 Cemetery Fee Comparison Schedule of Rates & Fees - Old Central Room Rentals, dated April 6, 2018 City of Owasso -- Rates & Fees Parks, Police Records and Cemetery March 9, 2018 Parks Shelter Fee McCarty Park - baseball /softball fields Daylight use Night use Community Center - Room Rental Eagles Room Eagles Room - deposit Timmy & Cindy Room (Quilting room) Timmy & Cindy Room - deposit Ram Room (Dining Room) Ram Room - deposit Ram Room with Kitchen Ram Room with Kitchen - deposit Police Department - Records Division Accident Report (citizen) Accident Report (insurance company) Incident Report Research Fees Certified Copies Background Checks Audio Media Video Media Fingerprints per card Cemetery Interment Services Interment Services Interment Services Cremains Interment Services Cremains Interment Services Cremains Interment Services Additional after 4pm Services Burial Space Re- purchase Burial Space Current Amount Proposed Notes Last Chance Base - first 2 hours $25.00 $30.00 Increase 2007 Per additional hour $10.00 $10.00 No Change 2007 Per two hours $10.00 delete Fields not available 2001 Per two hours $25.00 delete Fields not available 2001 Per Hour $20.00 $20.00 No Change 2016 Per event $50.00 $50.00 No Change 2016 Per Hour $25.00 $25.00 No Change 2016 Per event $50.00 $50.00 No Change 2016 Per Hour $45.00 $45.00 No Change 2016 Per event $100.00 $100.00 No Change 2016 Per Hour $90.00 $90.00 No Change 2016 Per event $200.00 $200.00 No Change 2016 Per page $0.25 $0.25 No Change 2007 $4.00 $4.00 No Change 2007 Per page $0.25 $0.25 No Change 2007 Minimum Fee - One Hour $15.00 $15.00 No Change 2007 Per Hour Additional $15.00 $15.00 No Change Per page $1.00 $1.00 No Change 2007 $5.00 $5.00 No Change 2007 First Hour $25.00 $25.00 Wording Change Only 2007 Additional per hour $5.00 $5.00 No Change 2007 $25.00 $25.00 Wording Change Only 2007 Per Card $5.00 $5.00 No Change 2007 Weekday $400.00 $600.00 Increase 2004 Saturday AM $500.00 $850.00 Increase 2004 Saturday PM $500.00 $1,150.00 Increase 2004 Weekday $200.00 $300.00 Increase 2004 Saturday AM $250.00 $500.00 Increase 2004 Saturday PM $250.00 $750.00 Increase 2004 Per hour $100.00 $300.00 Increase 2007 Per $300.00 $700.00 Increase 1986 City pays to re- purchase $300.00 $300.00 No Change City of Owasso -- Rates & Fees Cemetery Fee Comparison April 6, 2018 City of Broken Graceland City of City of Owasso Arrow Memorial Park Claremore Park Grove Cemetery, Woodlown Current Proposed Cemetery Owasso Cemetery Interment Services Weekday $400.00 $600.00 $1,118.00 $800.00 $250.00 Interment Services Saturday AM $500.00 $850.00 $1,641.00 $950.00 $500.00 Interment Services Saturday PM $500.00 $1,150.00 $1,641.00 $1,100.00 NA Interment Services Holiday $750.00 Additional after 4pm Services Per hour $100.00 $300.00 Overtime fee $523.00 $300.00 Surcharge for extreme weather $300.00 Cremains Interment Services Weekday $200.00 $300.00 $627.00 $800.00 $247.00 Cremains Interment Services Saturday AM $250.00 $500.00 $1,150.00 $950.00 $498.00 Cremains Interment Services Saturday PM $250.00 $750.00 $1,150.00 $1,100.00 NA Cremains Interment Services Holiday $741.00 Administrative Fee - all contracts $15.00 Burial Space Per $300.00 $700.00 $1,619.00 $1,000.00 $460.00 Re- purchase Burial Space City pays $300.00 $300.00 City of Owasso -- Rates 8 Fees Old Central - Room Rentals April 6, 2018 Current Proposed Notes Auditorium Rental for 4 hours $250.00 $300.00 Increase Per each additional hour $30.00 $45.00 Increase Damage Deposit $250.00 $300.00 Increase North Hall Rental for 4 hours $90.00 $120.00 Increase Per each additional hour $15.00 $35.00 Increase Damage Deposit $100.00 $100.00 No Change Kitchen Rental for 4 hours $100.00 $75.00 Increase Per each additional hour $25.00 New Furniture- - Round table w/ chairs Per table w/ 8 chairs $5.00 $12.50 Increase Rectangular table w/ chairs Per table w/ 8 chairs $5.00 $12.50 Increase Round table only Per table $3.00 $5.00 Increase Rectangular table only Per table $3.00 $5.00 Increase Chairs Per chair $0.25 $1.25 Increase Dance Floor Per event $300.00 $350.00 Increase LS�EE .� n ALPeopleREALC REAL Community TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources SUBJECT: City Manager Contract and Evaluation Process City Attorney Contract DATE: April 6, 2018 BACKGROUND: Beginning in 2003, the City Manager's annual evaluation has been facilitated by Greenwood Performance Systems and has consisted of the following: • Anonymous online evaluation completed by Directors • Online self - evaluation completed by the City Manager • One -on -one interviews with Directors and City Councilors meeting with Jim and Jeanine Rhea of Greenwood Performance • Information from the online evaluations and interviews compiled and presented to the City Manager and the City Council by Greenwood Performance And even though this has worked well, last fall staff began discussing ways to improve the process with a focus on the evaluation questions that have been used over the years. Questions developed for use with the fiscal year 2017 -18 evaluation consist of the following: • Online evaluation that the City Council will be asked to complete consisting of questions relating to the City Manager's relationship and communication with the City Council, Fiscal Management, Planning and Implementation, Intergovernmental Relationships, Relationships with the Public, and Personal Characteristics needed for the job • Anonymous online evaluation completed by directors consisting of a separate set of questions evaluating day -to -day leadership and communications • Self- evaluation to be completed by the City Manager, relating to goals, accomplishments and setbacks Evaluation process would continue to include the following: • One -on -one interviews with Directors and City Councilors meeting with Jim and Jeanine Rhea of Greenwood Performance • Information from the online evaluations and interviews compiled and presented to the City Manager and the City Council by Greenwood Performance TIMELINE: Due to the long- standing trust that has been established between City Council, directors and Greenwood Performance, staff intends to continue the contract with Greenwood Performance for the City Manager's 2018 -19 evaluation, utilizing the newly developed online evaluation questions. The cost of the annual evaluation is approximately $3,000 and includes compiling information from the online evaluations, the one -on -one interviews, and the presentations /discussions with Council. Staff will initiate the evaluation process in April and schedule an executive session to present the evaluation to the City Council during the May 8 work session. The City Manager is currently in the middle of a two -year contract. This timeline would allow Council the opportunity to discuss a contract amendment addressing compensation for fiscal year 2018 -19 prior to June 30. While no action is required for this item, the purpose is to provide an overview of the process and give Council the opportunity to provide feedback and input. CITY ATTORNEY CONTRACT: The contract between the City and the City Attorney expires June 30, 2018. An Executive Session will be placed on the May 15 agenda to review and discuss the City Attorney's contract. City Council will have the opportunity to provide feedback through the one -on -one meetings with Greenwood Performance, and discussion with the City Attorney and Greenwood Performance on May 8. UM-11410 "ITAVUH City Council, Director, and Self- Evaluation Questions for City Manager Annual Review City Council, Director, and Self- Evaluation Questions for City Manager Annual Review City Council Evaluation of City Manager 1 -5 rating scale Relationship with City Council 1. Maintains effective communication, both verbal and written with the City Council. 2. Maintains availability to the City Council. 3. Responds to the requests for information or assistance by the City Council in a timely manner. 4. Provides the City Council with clear communications concerning matters of importance to the city. 5. Provides the City Council with clear communications of anticipated issues that could come before the City Council. 6. Willing to consider new ideas proposed by the City Council. 7. Carries out the directives of the City Council as a whole rather than those of any one Council member. 8. Assist the City Council in resolving problems at the administrative level to avoid unnecessary City Council action. 9. Keeps the City Council aware of new or impending legislation, potential grants and developments in the public policy, which may have an impact on the city. 10. Effectively implements policies and programs approved by the City Council. 11. Provides information needed for City Council action in a timely manner. 12. Provides for clear presentations to the City Council in the most concise, clear and comprehensive manner possible. 13. Provides the City Council with all perspectives of an issue and provides a recommendation and reason to support that recommendation. 14. Receptive to constructive criticism and advice. Fiscal Management 1. Plans and prepares the annual budget with the input of the City Council with documentation and full explanation of the annual budget. 2. Presents budget in an easy to understand format. 3. Administers the adopted budget within the framework of the approved revenues and expenditures. 4. Keeps City Council informed about revenues and expenditures, actual and projected. 5. Plans and provides for necessary information for the City Council which requires borrowing of funds for long term projects. 6. Plans for future economical growth in relationship to projected revenues and expenditures. 7. Makes the most efficient use of available funds, conscious of the need to operate the city efficiently and effectively. Planning and Implementation 1. Supports the actions of the City Council after a decision has been reached. 2. Anticipates and analyses problems to develop effective approaches for solving them. 3. Willing to try new ideas proposed by governing body members and /or staff. 4. Implements a process of program planning in anticipating the future of the City. 5. Hasa vision of the future of the City of Owasso and shares that vision with the City Council and the public. 6. Carries out intermediate and long range planning concerns approved by the City Council. Intergovernmental Relationships 1. Maintains effective communication with local, regional, state and federal government agencies. 2. Maintains awareness of developments and plans in other jurisdictions, which may impact the City. 3. Cooperates with neighboring communities. 4. Cooperates with the governmental units within the city such as city boards, commissions and the school board. Relationship with the Public 1. Ensures that an attitude and feeling of helpfulness, courtesy and sensitivity to perception exist in employees coming in contact with the public. 2. Establishes and maintains an image of the City of Owasso to the community that represents service, enthusiasm and professionalism. 3. Establishes and maintains a liaison with private organizations, service groups or individuals involved in areas of concern that relate to the service or activities of the City. 4. Willing to meet with citizens and members of the community and discuss their concerns, in a timely manner. Personal Characteristics 1. Integrity —Keeps organizational and personal promises and commitments 2. Decisiveness —is the City Manager able to reach timely decisions and initiate action? 3. Attitude —Is the City Manager enthusiastic, cooperative and willing to adapt? 4. Initiative —Does the City Manager recognize when actions are needed and takes personal responsibility for getting them accomplished. 5. Creativity —Does the City Manager show originality in approaching problems? Is he able to visualize the implications of various approaches? 6. Objectivity —is the City Manager unemotional and unbiased? Does he take a rational viewpoint based on facts and qualified opinions? 7. Drive —Is the City Manager energetic, willing to spend whatever time is necessary to do a good job? Invests sufficient efforts toward being diligent and thorough in the discharge of duties. 8. Stress Management - Deals effectively with job - related stress for self and employees. Strengths & Opportunities 1. Based on your overall evaluation, what areas would you consider as the City Manager's strong points as City Manager? 2. Based upon your evaluation, what areas would you suggest the City Manager work on to improve their skills and to be more effective in specific areas or situations? 3. Any additional comments relating to the City Manager's performance? Department Director Evaluation of City Manager 1 -5 rating scale 1. gives clear directions and instructions 2. plans, organizes, and monitors staff schedules and workloads so that adjustments can be made when necessary 3. understands my job 4. gives timely feedback on my performance 5. gives constructive feedback on my performance 6. delegates duties and responsibilities based on my skills 7. involves me in identifying and solving problems 8. encourages creativity and innovation 9. fosters an environment, which supports calculated risk taking 10. is open to alternative strategies, methods, and /or techniques for achieving results 11. respects an individual's method to achieve results (as long as the methods do not conflict with city policy) 12. holds me responsible for my performance 13. supports City Council goals, objectives, and adopted policies 14. effectively utilizes the available resources 15. emphasizes quality customer service as a top priority 16. recognizes staff who provide good customer service 17. makes decisions, which are consistent with city policy and values 18. is accessible, visible, and available 19. is a good listener 20. promotes a two -way flow of information and communication 21. is responsive and flexible in addressing my concerns 22. explains the reasons for decisions made 23. communicates effectively - verbally 24. communicates effectively in writing 25. reacts calmly and appropriately to situations 26. is honest 27. treats individuals with respect and dignity 28. resolves work conflicts 29. acts to achieve a non - discriminatory and harassment -free work environment 30. seeks objective solutions to problems 31. is fair and equitable 32. sets an example /model commitment to the city's values 33. provides recognition and positive reinforcement 34. makes personnel decisions based on equity and fairness 35. demonstrates personal commitment to teamwork 36. is sensitive to cultural differences 37. effectively uses my skills and talents to accomplish the work in our office 38. knows my career goals 39. helps identify the training I need to improve my skills 40. assists in obtaining the training or opportunities I need to improve my skills 41. has sufficient technical expertise to assist in solving work - related problems 42. keeps me informed on city initiatives, directions, and policies 43. Based on your overall evaluation, what areas would you consider as the City Manager's strong points as City Manager? 44. Based upon your evaluation, what areas would you suggest the City Manager work on to improve their skills and to be more effective in specific areas or situations? 45. Any additional comments relating to the City Manager's performance? City Manager Self - Evaluation 1. What progress has been made in accomplishing established goals (either self- initiated or Council suggested)? 2. What other job - related accomplishments have you had that were not part of the goals set at your last evaluation? 3. What obstacles or setbacks did you encounter during the year? 4. What do you see as your major goals for this next evaluation period? 5. What can the Council do to help you accomplish these goals? 6. Do you have any suggestions for improving the effectiveness between you and the City Council? 7. Are there any other issues or comments you wish to share? REAL Pcopio • REAI Character •REAL Communiry TO: Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Capital Improvement Project Funding DATE: April 6, 2018 BACKGROUND: In October of 2003, Owasso citizens voted to approve changes to the third -penny sales fax ordinance. According to Ordinance 763, the purpose of the third -penny sales tax is "to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects." The ordinance includes the requirement that "said capital projects" are to be "review by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council." On September 5, 2017, Council approved Resolution 2017 -15 which identified approximately $98 million in capital improvement projects, of which, $78 million require third -penny sales fax funding. Currently, approximately $42 million remains to be funded from future years' collections. The third -penny sales tax generates approximately $8 million per year, of which, approximately $3 million is currently committed annually for existing debt service. Ben Oglesby, Financial Advisor, and Allan Brooks, Bond Counsel, consulting with city staff over the past few months, have developed a debt structure and terms to meet the City's financing needs and provide the lowest possible costs and fees. Objectives with this financing would be to take advantage of the current low interest rates; provide funding for identified projects scheduled to be constructed within approximately three years; and to leave sufficient cash flow in the capital improvements fund to avoid unnecessary delay of projects scheduled to move forward. To enable approved capital projects to progress without unnecessary delay, staff recommends issuance of $9.8 million in bank - qualified debt to be repaid over a 10 -year period. SALES TAX REVENUE NOTE, SERIES 2018: The proposed Sales Tax Revenue Note would include approximately $3 million for the Police Headquarters Renovation Project and $6.8 million for street projects. The Note would be repaid from the third -penny sales tax over a ten -year period. PROPOSED ACTION: Staff anticipates placing an action item on the April 17, 2018, OPWA agenda seeking Trustee consideration to engage Ben Oglesby, Financial Advisor, and Allan Brooks, Bond Counsel, to prepare a bid packet and contact potential lending institutions on the Authority's behalf to achieve the best possible interest rate. Those bids would not be submitted until May 1, 2018. The final documents would be provided at the meeting on May 8, 2018. ATTACHMENT: Capital Improvements Projected Revenue and Debt Service Comparison of Annual CIP Sales Tax to Proposed Debt Service by Fiscal Year $12 $10 c $8 0 $6 $4 $2 - - - -- - - - - -- 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 ®2008 Note ®2016 Note mSales Tax Payback m2018 Note -+- Total Funds Available REAL People • REAL Cbaradar • REAL Communiy TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: FY 2018 -2019 Annual Operating Budget DATE: April 6, 2018 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, OPGA Fund and other funds is being developed and will be transmitted for City Council review on May 8, 2018. The proposed budget is scheduled for discussion during the May and June Council work sessions. PUBLIC INPUT: Printed copies of the proposed budget will be made available for public viewing at City Hall, the Owasso Library, and on the City's website on May 10, 2018. On May 30, 2018, legal notice of a public hearing will be published in the Owasso Reporter, and such hearing is planned for June 5, 2018. The public hearing provides opportunity for citizen comment and questions relating to the proposed budget. Council action regarding the adoption of the annual operating budget is scheduled for June 19, 2018. ATTACHMENT: FY 2018 - -2019 Budget Calendar CITY OF OWASSO BUDGET CALENDAR FY 2018 -2019 Due Date Dec 1 Directors submit requests for additional personnel to Finance. Dec 31 Directors load into budget module a zero - increase budget. (Requested 'Base ") Jan 31 Cost increases (including "notes ") are loaded by Directors into budget module as "Requested New." Feb 1 Budget requests are prioritized by Directors. Feb Directors meet with City Manager /Asst. City Manager for clarification of requested increases. Apr 1 1 Revenue estimates are finalized for purposes of balancing the budget. Apr 16 Recommended budget amounts are shared with Directors. May 8 Proposed budget is presented to City Council at Work Session. May 10 Proposed budget is posted to City website. May 23 Publication of notice of public hearing (five days prior to hearing) June 5 Public Hearing (legal deadline June 15) June 19 Budget adoption (at least seven days prior to 7/ 1) July 31 Publication of notice to vendors (prior to 7/31) July 31 Budget is filed with State Auditor Sept 30 Deadline for submission of vendor invoices for previous fiscal year. Open purchase orders are closed, and budgetary fiscal year -end fund balances are determined. Nov 6 Requests for unspent budget appropriation carryover to next fiscal year is presented to Council.