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HomeMy WebLinkAboutPart 12 Planning Zoning and Development PART 12 PLANNING, ZONING AND DEVELOPMENT CHAPTER 1 PLANNING COMMISSION Section 12-101 Planning Commission Created Section 12-102 Compensation and Qualification of Members; Removal Section 12-103 Organization and Rules Section 12-104 Quorum Section 12-105 Powers and Duties CHAPTER 2 ZONING REGULATIONS Section 12-201 Zoning Regulations Adopted CHAPTER 3 SUBDIVISION REGULATIONS Section 12-301 Subdivision Regulations CHAPTER 4 FLOOD DAMAGE PREVENTION Section 12-401 Findings of Fact Section 12-402 Statement of Purpose Section 12-403 Methods of Reducing Flood Losses Section 12-404 Definitions Section 12-405 Lands to Which Special Flood Hazard Applies Section 12-406 Basis for Establishing the Areas of Special Flood Hazard Section 12-407 Establishment of Development Permit Section 12-408 Compliance Section 12-409 Abrogation and Greater Restrictions Section 12-410 Interpretation Section 12-411 Warning and Disclaimer or Liability Section 12-412 Designation of the Floodplain Administrator Section 12-413 Duties and Responsibilities of the Floodplain Administrator Section 12-414 Permit Procedures Section 12-415 Variance Procedures Section 12-416 Provisions for Flood Hazard Reduction; General Standards Section 12-417 Provisions for Flood Hazard Reduction; Specific 1 Standards Section 12-418 Standards for Subdivision Proposals Section 12-419 Standards for Areas of Shallow Flooding (AO/AH Zones) CHAPTER 5 TAX INCREMENT FINANCING DISTRICTS Section 12-501 Owasso Redbud District – Increment District No. 1 2 CHAPTER 1 PLANNING COMMISSION Section 12-101 Planning Commission Created Section 12-102 Compensation and Qualification of Members; Removal Section 12-103 Organization and Rules Section 12-104 Quorum Section 12-105 Powers and Duties SECTION 12-101 PLANNING COMMISSION CREATED A zoning and planning commission is hereby created to be known as the city planning commission. The commission shall be composed of six (6) members, five (5) of whom shall be nominated by the mayor and confirmed by the city council. The mayor shall be an ex officio member of the commission. Each appointed member shall hold office for a period of three (3) years, or until his successor takes office, except that in the first instance two (2) members shall be designated and appointed for a term of three (3) years; two (2) for a term of two (2) years, and one for a term of one year, and future appointments made as each term expires, for respective terms of three (3) years. Vacancies occurring in the commission shall be filled and appointments made to conform to the unexpired term of the office vacated. State Law Reference: Planning commissions created, membership 11 O.S. Sections 45-101 et seq. SECTION 12-102 COMPENSATION AND QUALIFICATION OF MEMBERS; REMOVAL Appointed members of the planning commission shall be nominated and appointed solely by reason of their fitness and without reference to party affiliation and shall serve without compensation, and ex officio members shall receive no compensation for their services other than the fixed salary of their office. Members may be removed by the city council of the city only for inefficiency, neglect of duty, conviction of a felony under state or federal law, or malfeasance in office. SECTION 12-103 ORGANIZATION AND RULES The planning commission shall elect a chairman, a vice-chairman and a secretary- treasurer and may create and fill such other offices as it may deem necessary. The term of office shall be one year with eligibility for reelection. The planning commission shall designate a date for each month at which time the planning commission shall conduct a public hearing for business matters as determined. The planning commission shall adopt rules for the transaction of business and shall keep a record of its regulations, transactions, finding, and determinations, which record shall be a public record. SECTION 12-104 QUORUM Three (3) members of the planning commission shall constitute a quorum for the transaction of business. However, no action shall be taken which is binding upon the planning commission unless concurred in by not less than a majority of all members 3 comprising the planning commission. SECTION 12-105 POWERS AND DUTIES The planning commission shall prepare from time to time plans for the systematic development and betterment of the city as a place of residence or for business. It shall have the power and authority to employ clerks, attorneys, engineers and secretaries, or any other help deemed necessary, subject to approval of the mayor and city council of the city and salaries and compensation therefore shall be fixed by the city council of the city and be paid out of the treasury of the city as other officers and employees, and legal, necessary expenses incurred by the commission shall likewise be paid out of the treasury of the city, and shall have such other powers and be required to perform such other duties as set out in state statutes pertaining to buildings, zoning and city planning commissions. 4 CHAPTER 2 ZONING REGULATIONS Section 12-201 Zoning Regulations Adopted SECTION 12-201 ZONING REGULATIONS ADOPTED For the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community, the Zoning Code of the City of Owasso, Oklahoma, referred to as the “Owasso Zoning Code” or “Zoning Code”, and the whole thereof, as full as if set out at length herein shall be controlling within the corporate limits of the City. The Owasso Zoning Code contains the following Chapters and Appendices: Chapter 1 Title, Purpose, Interpretation, and Jurisdiction Chapter 2 General Provisions Chapter 3 Agriculture District Provisions Chapter 4 Residential District Provisions Chapter 5 Office District Provisions Chapter 6 Commercial District Provisions Chapter 7 Industrial District Provisions Chapter 8 Public Facilities District Provisions Chapter 9 Planned Unit Developments Chapter 10 Overlay Districts Chapter 11 Site Design Standards Chapter 12 Off-Street Parking Requirements Chapter 13 Non-Conformities Chapter 14 Enforcement Chapter 15 Zoning Code and Zoning Map Amendments Chapter 16 Specific Use and Temporary Use Permits Chapter 17 Telecommunication Towers and Wind Energy Systems Chapter 18 Signs Chapter 19 Landscaping, Screening, and Fencing Requirements Chapter 20 Outdoor Lighting Chapter 21 Access Gates For Gated Communities Definitions Appendix A Owasso Planning Commission Appendix B Owasso Board of Adjustment (Ord. No. 883, 2/06/07; 978, 2/15/11; 1131, 6/19/18; 1152, 8/20/19) State Law Reference: City zoning powers, 11 O.S. Sections 43-101 et seq. Ed. Note: See Ordinance Table for ordinances amending zoning designations. 5 Owasso Zoning Code CITY OF OWASSO, OKLAHOMA ADOPTED BY ORDINANCE NO 1131 AMENDED WITH ORDINANCE NO 1152 AMENDED WITH ORDINANCE NO 1249 TABLE OF CONTENTS CHAPTER 1 TITLE, PURPOSES, INTERPRETATION, AND JURISDICTION ................................................................. 1 1.1 Title and Citation.............................................................................................................................. 1 1.2 Purpose ............................................................................................................................................. 1 1.3 Interpretation ................................................................................................................................... 1 1.3.1 Validity of Other Laws ..................................................................................................................... 1 1.3.2 Severability ....................................................................................................................................... 1 1.4 Jurisdiction ....................................................................................................................................... 1 1.4.1 Territorial Jurisdiction ....................................................................................................................... 1 1.4.2 Extra-Territorial Jurisdiction .............................................................................................................. 1 1.4.3 Annexed Territory ............................................................................................................................ 1 CHAPTER 2 GENERAL PROVISIONS ..................................................................................................................... 2 2.1 Zoning Districts Established ............................................................................................................. 2 2.2 Official Zoning Map Established .................................................................................................... 2 2.3 District Boundary Description and Interpretation ......................................................................... 3 2.4 Limitation on Land Use .................................................................................................................... 3 2.5 Required Annexation for Utility Connection ................................................................................. 3 2.6 Platting Requirements ..................................................................................................................... 3 CHAPTER 3 AGRICULTURE DISTRICT PROVISIONS .............................................................................................. 4 3.1 Principal Uses Permitted in the Agriculture District ....................................................................... 4 3.2 Accessory Uses in the Agriculture District ..................................................................................... 5 3.2.1 Accessory Uses Permitted............................................................................................................... 5 3.2.2 Accessory Use Conditions .............................................................................................................. 5 3.3 Bulk and Area Requirements in the Agriculture District ............................................................... 5 CHAPTER 4 RESIDENTIAL DISTRICT PROVISIONS ................................................................................................. 7 4.1 Purpose of Residential Districts ....................................................................................................... 7 4.2 Residential Districts Described ....................................................................................................... 7 4.2.1 RE (Residential Estate) District ........................................................................................................ 7 4.2.2 RS-1, RS-2, and RS-3 (Residential Single-Family) Districts .............................................................. 7 4.2.3 RD (Residential Duplex) District ...................................................................................................... 7 4.2.4 RNX (Residential Neighborhood Mixed) District ........................................................................... 7 4.2.5 RM (Residential Multi-Family) District ............................................................................................. 7 4.2.6 RMH (Residential Mobile Home Park) Legacy District ................................................................. 7 4.3 Residential Districts Max Gross Density ......................................................................................... 8 4.4 Principal Uses Permitted in Residential Districts ............................................................................ 8 4.4.1 RE (Residential Estate) and RS (Residential Single-Family) Districts............................................. 8 4.4.2 RD (Residential Duplex) District ...................................................................................................... 8 4.4.3 RNX (Residential Neighborhood Mixed) District ........................................................................... 9 4.4.4 RM (Residential Multi-Family) District ........................................................................................... 10 4.4.5 RMH (Residential Mobile Home Park) Legacy District ............................................................... 10 4.5 Bulk and Area Requirements in Residential Districts .................................................................. 11 4.5.1 Bulk and Area Requirements for RE and RS Districts .................................................................. 11 4.5.2 Bulk and Area Requirements for RD, RNX, and RM Districts ...................................................... 13 4.5.3 Mechanical Equipment (HVAC) .................................................................................................. 14 4.5.4 Bulk and Area Requirements for the RMH Legacy District ........................................................ 15 4.5.5 Residential Mobile Home Legacy Subdivisions .......................................................................... 16 4.5.6 Additional Mobile Home Requirements ...................................................................................... 16 4.6 Accessory Uses and Structures in Residential Districts .............................................................. 16 4.6.1 Accessory Uses Permitted............................................................................................................. 16 4.6.2 Accessory Structure Requirements .............................................................................................. 17 4.6.3 Division of Lots ................................................................................................................................ 18 4.6.4 Home Occupations ...................................................................................................................... 18 4.6.5 Storm Shelters ................................................................................................................................. 19 4.6.6 Carports Not Encroaching into the Front Setback .................................................................... 19 4.6.6.1 Carports Encroaching into the Front Setback ........................................................................ 20 4.6.7 PODS, Temporary Moving and Storage Containers, and Dumpsters ...................................... 20 4.6.8 Accessory Dwelling Units .............................................................................................................. 20 i City of Owasso Zoning Code, Adopted via Ord. 1249 4.7 Setbacks and Yards ...................................................................................................................... 21 4.7.1 Compliance with Setback Requirements ................................................................................... 21 4.7.2 Permitted Yard Obstructions ........................................................................................................ 21 4.8 Garage Sales ................................................................................................................................. 22 CHAPTER 5 OFFICE DISTRICT PROVISIONS ....................................................................................................... 23 5.1 Purpose of the Office District ........................................................................................................ 23 5.2 Principal Uses Permitted in the Office District ............................................................................. 23 5.3 Bulk and Area Requirements in the Office District ..................................................................... 23 5.4 Temporary Office Uses .................................................................................................................. 24 CHAPTER 6 COMMERCIAL DISTRICT PROVISIONS ........................................................................................... 25 6.1 Purpose of the Commercial Districts ........................................................................................... 25 6.1.1 General Purpose ........................................................................................................................... 25 6.2 Commercial Districts Described .................................................................................................. 25 6.2.1 CS (Commercial Shopping) District ............................................................................................. 25 6.2.2 CG (Commercial General) Legacy District ................................................................................ 25 6.2.3 CH (Commercial High Intensity) Legacy District ........................................................................ 25 6.2.4 DM (Downtown Mixed) District .................................................................................................... 25 6.3 Principal Uses Permitted in Commercial Districts ....................................................................... 25 6.3.1 Permitted Uses in the CS (Commercial Shopping) District ........................................................ 25 6.3.2 Permitted Uses in the CG (Commercial General) Legacy District and the Commercial High Intensity (CH) Legacy District .............................................................................................. 27 6.3.3 Permitted Uses in the DM (Downtown Mixed) District ............................................................... 27 6.4 Temporary Commercial Uses ....................................................................................................... 28 6.5 Bulk and Area Requirements in Commercial Districts ............................................................... 28 6.6 Locations of Sexually-Oriented Businesses................................................................................. 29 6.6.1 Definitions ....................................................................................................................................... 29 6.6.2 Prohibition ...................................................................................................................................... 30 CHAPTER 7 INDUSTRIAL DISTRICT PROVISIONS ................................................................................................ 32 7.1 Purpose of Industrial Districts ........................................................................................................ 32 7.2 Industrial Districts Described ........................................................................................................ 32 7.2.1 IL (Industrial Light, Research and Development) District ........................................................... 32 7.2.2 IM (Industrial Moderate) District ................................................................................................... 32 7.2.3 IH (Industrial Heavy) Legacy District ............................................................................................ 32 7.3 Principal Uses Permitted in Industrial Districts ............................................................................. 32 7.3.1 Permitted Uses in the IL (Industrial Light, Research and Development District ....................... 32 7.3.2 Permitted Uses in the IM (Industrial Moderate) District .............................................................. 33 7.3.3 Permitted Uses in the IH (Industrial Heavy) Legacy District ....................................................... 34 7.4 Bulk and Area Requirements in Industrial Districts ..................................................................... 35 7.5 Accessory Uses Permitted in Industrial Districts .......................................................................... 35 7.5.1 Accessory Uses Permitted............................................................................................................. 35 7.5.2 Accessory Use Conditions ............................................................................................................ 35 CHAPTER 8 PUBLIC FACILITIES DISTRICT PROVISIONS ...................................................................................... 36 8.1 Purpose of the Public Facilities District ........................................................................................ 36 8.2 Characteristics of the Public Facilities District ............................................................................ 36 8.3 Principle Uses Permitted in the Public Facilities District ............................................................. 36 8.4 Development Standards in the Public Facilities District ............................................................. 36 CHAPTER 9 PLANNED UNIT DEVELOPMENTS ..................................................................................................... 37 9.1 General Description ...................................................................................................................... 37 9.1.1 Introduction and Purpose............................................................................................................. 37 9.1.2 Goals .............................................................................................................................................. 37 9.1.3 Applicability ................................................................................................................................... 37 9.2 Standards of Development .......................................................................................................... 38 9.2.1 Density ............................................................................................................................................ 38 9.2.2 Land Use Percentages .................................................................................................................. 38 9.2.3 Preservation of Trees and Other Natural Features ..................................................................... 38 9.2.4 Screening and Buffering ............................................................................................................... 39 9.2.5 Transition of Uses ............................................................................................................................ 39 9.2.6 Conceptual Landscape Plan ...................................................................................................... 39 ii City of Owasso Zoning Code, Adopted via Ord. 1249 9.2.7 Adherence to City Landscape Requirements ........................................................................... 39 9.2.8 Site Development.......................................................................................................................... 40 9.2.8.1 Low-Impact Design (LID) Criteria ............................................................................................. 40 9.2.8.2 Grading, Site Disturbance, and Trail Easements ..................................................................... 40 9.2.8.3 Adherence to City, State, and Federal Requirements .......................................................... 40 9.2.9 Parking and Circulation ................................................................................................................ 40 9.2.10 Open Space .................................................................................................................................. 40 9.2.11 Common Areas ............................................................................................................................. 40 9.2.12 Amenities Required ....................................................................................................................... 40 9.2.13 Consistency with the Land Use Master Plan ............................................................................... 41 9.2.14 Compatibility with Surrounding Development ........................................................................... 41 9.3 Procedures for Obtaining Planned Unit Development Zoning .................................................. 42 9.3.1 Pre-Application Meeting .............................................................................................................. 42 9.3.2 Submittal of Development Application ...................................................................................... 42 9.3.3 Technical Advisory Committee.................................................................................................... 42 9.3.4 Neighborhood Meeting ................................................................................................................ 42 9.3.5 Owasso Planning Commission ..................................................................................................... 43 9.3.6 Owasso City Council ..................................................................................................................... 44 9.4 Timeline, Expiration, and Amendments ...................................................................................... 44 9.4.1 Validation ....................................................................................................................................... 44 9.4.2 Zoning Ordinance ......................................................................................................................... 44 9.4.3 Expiration ........................................................................................................................................ 45 9.4.4 Conformance with Current Regulations ..................................................................................... 45 9.4.5 Extensions ....................................................................................................................................... 45 9.4.6 Amendments ................................................................................................................................. 45 9.4.7 Abandonment ............................................................................................................................... 46 9.5 Conceptual Development Plan ................................................................................................... 46 9.5.1 Conceptual Development Plan as the Preliminary Plat............................................................ 47 9.6 Design and Intent Statement ........................................................................................................ 48 9.6.1 Requirements ................................................................................................................................. 48 CHAPTER 10 OVERLAY DISTRICTS ....................................................................................................................... 49 10.1 General Description ...................................................................................................................... 49 10.1.1 Establishment of Overlay Districts ................................................................................................ 49 10.1.2 Development Criteria ................................................................................................................... 49 10.1.3 Applicability ................................................................................................................................... 49 US-169 OVERLAY DISTRICT ............................................................................................................. 50 10.2 Purpose of the US-169 Overlay District ........................................................................................ 50 10.3 Designation of the US-169 Overlay District ................................................................................. 50 10.4 Uses in the US-169 Overlay District .............................................................................................. 50 10.4.1 Permitted Uses ............................................................................................................................... 50 10.4.2 Restricted Uses ............................................................................................................................... 50 10.4.3 Prohibited Uses .............................................................................................................................. 52 10.4.4 Uses Permitted with a Specific Use Permit .................................................................................. 52 10.4.5 Existing Uses .................................................................................................................................... 53 10.4.5.1 Single-Family Residential ........................................................................................................... 53 10.4.5.2 Properties Outside the City Limits of Owasso .......................................................................... 53 10.4.5.3 Previously Approved Projects or Developments .................................................................... 53 10.4.6 Separation Requirements ............................................................................................................. 53 10.5 Requirements in the US-169 Overlay District ............................................................................... 54 10.5.1 Landscape Requirements ............................................................................................................ 54 10.5.2 General Requirements .................................................................................................................. 54 10.6 Building and Site Design Standards in the US-169 Overlay District ........................................... 54 10.6.1 General Design .............................................................................................................................. 54 10.6.2 Building Entrance .......................................................................................................................... 55 10.6.3 Boulevard Entrance ...................................................................................................................... 55 10.6.4 Off-Street Parking .......................................................................................................................... 55 10.6.5 Minimum Lot Frontage and Building Setback ............................................................................ 55 10.6.6 Transit Stops .................................................................................................................................... 56 10.6.7 Outdoor Space ............................................................................................................................. 56 10.6.8 Sidewalks ........................................................................................................................................ 56 iii City of Owasso Zoning Code, Adopted via Ord. 1249 10.6.9 Exterior Materials ........................................................................................................................... 56 10.6.10 Multiple Buildings in Commercial Centers .................................................................................. 57 10.6.11 Roof Pitch ....................................................................................................................................... 57 10.6.12 Electrical and Services Equipment .............................................................................................. 57 10.6.13 Wall Articulation ............................................................................................................................ 57 10.6.14 Signage .......................................................................................................................................... 58 10.6.15 Building Orientation....................................................................................................................... 59 10.6.16 Commercial Drive-Through Lanes ............................................................................................... 59 10.6.17 Outdoor Display and Sales ........................................................................................................... 59 10.6.18 Screening of Refuse Collection and Loading Areas ................................................................. 59 10.6.19 Accessory Structures ..................................................................................................................... 59 DOWNTOWN OVERLAY DISTRICT ................................................................................................... 60 10.7 Downtown Overlay District ........................................................................................................... 60 10.8 Purpose of the Downtown Overlay District .................................................................................. 60 10.9 Designation of the Downtown Overlay District ........................................................................... 61 10.9.1 Boundary Map ............................................................................................................................... 61 10.9.2 Map Amendments ........................................................................................................................ 61 10.10 Uses in the Downtown Overlay District ........................................................................................ 61 10.10.1 Permitted Uses ............................................................................................................................... 61 10.10.2 Restricted Uses ............................................................................................................................... 62 10.10.3 Encouraged Uses .......................................................................................................................... 62 10.10.4 Prohibited Uses .............................................................................................................................. 62 10.10.5 Existing Uses .................................................................................................................................... 63 10.11 Requirements in the Downtown Overlay District ........................................................................ 64 10.11.1 Landscape Requirements ............................................................................................................ 64 10.11.2 General Requirements .................................................................................................................. 64 10.12 Building and Site Design Standards in the Downtown Overlay District .................................... 64 10.12.1 Building Entrance .......................................................................................................................... 64 10.12.2 Parking ............................................................................................................................................ 65 10.12.3 Building Setback ............................................................................................................................ 65 10.12.4 Outdoor Space ............................................................................................................................. 65 10.12.5 Sidewalks ........................................................................................................................................ 65 10.12.6 Exterior Materials ........................................................................................................................... 65 10.12.7 Roof Pitch ....................................................................................................................................... 65 10.12.8 Mechanical Equipment (HVAC) .................................................................................................. 66 10.12.9 Wall Articulation ............................................................................................................................ 66 10.12.10 Signage .......................................................................................................................................... 67 10.12.11 Building Orientation....................................................................................................................... 68 10.12.12 Commercial Drive-Through Lanes ............................................................................................... 68 10.12.13 Screening of Refuse Collection and Loading Areas ................................................................. 68 10.12.14 Mixed-Use Developments ............................................................................................................ 68 10.12.15 Sidewalk Utilization ........................................................................................................................ 68 10.12.16 Residential Development ............................................................................................................. 69 10.12.17 Stormwater Detention .................................................................................................................. 69 10.12.18 Floor Area Ratio (FAR) ................................................................................................................... 69 10.12.19 Building Height ............................................................................................................................... 69 10.12.20 Amenities........................................................................................................................................ 69 10.12.21 Excess Right-of-Way (ROW) .......................................................................................................... 69 10.12.22 Temporary Use Permits (TUPs) ....................................................................................................... 69 10.12.23 Accessory Structures ..................................................................................................................... 69 10.12.24 Administrative Review................................................................................................................... 69 CHAPTER 11 SITE DESIGN STANDARDS ............................................................................................................... 70 11.1 Purpose ........................................................................................................................................... 70 11.1.1 Exclusions for Developed Industrial Parks .................................................................................... 70 11.2 Platting Required ........................................................................................................................... 70 11.3 Site Plan Required ......................................................................................................................... 70 11.3.1 Existing and Proposed Buildings ................................................................................................... 72 11.3.2 Existing Streets ................................................................................................................................ 72 11.3.3 General Information ..................................................................................................................... 72 11.3.4 Landscape Plan ............................................................................................................................ 72 iv City of Owasso Zoning Code, Adopted via Ord. 1249 11.3.5 Site Plan Review and Action ........................................................................................................ 73 11.4 Site Access and Circulation Requirements ................................................................................ 73 11.4.1 Street Access ................................................................................................................................. 73 11.4.2 Local Streets ................................................................................................................................... 74 11.4.3 Collector and Arterial Streets ....................................................................................................... 74 11.4.4 Driveway Connections to Adjacent Development ................................................................... 74 11.4.5 Mutual Access Driveways ............................................................................................................. 75 11.4.6 Width of Access ............................................................................................................................. 75 11.4.7 Spacing from Intersections ........................................................................................................... 76 11.4.8 Emergency Access Drives ............................................................................................................ 76 11.4.9 Street Improvements ..................................................................................................................... 76 11.4.10 Sight Triangles ................................................................................................................................ 76 11.4.10.1 Arterial Street Intersections ....................................................................................................... 76 11.4.10.2 Collector or Local Street Intersections ..................................................................................... 77 11.4.10.3 Objects in Sight Triangles .......................................................................................................... 77 11.4.11 Sidewalk Improvements ............................................................................................................... 77 11.5 Building Architecture Design Standards ..................................................................................... 78 11.5.1 Metal Buildings ............................................................................................................................... 78 11.5.1.1 Front Façade .............................................................................................................................. 78 11.5.1.2 Sides ............................................................................................................................................ 78 11.5.1.3 Rear ............................................................................................................................................. 78 11.5.1.4 Large Building Façade .............................................................................................................. 79 11.5.2 Architectural Standards ................................................................................................................ 79 11.5.2.1 Roofs ........................................................................................................................................... 79 11.5.2.2 Entryways .................................................................................................................................... 79 11.5.3 Connectivity .................................................................................................................................. 80 11.5.4 Conversion from Residential to Non-Residential Use ................................................................. 80 11.5.4.1 Applicability ............................................................................................................................... 80 11.5.4.2 Miscellaneous Requirements .................................................................................................... 80 11.5.4.3 Driveways ................................................................................................................................... 80 11.6 Sound Abatement ......................................................................................................................... 80 11.7 Non-Residential Accessory Uses and Structures ........................................................................ 80 11.7.1 Purpose........................................................................................................................................... 80 11.7.2 Additional Site Plan Required ...................................................................................................... 81 11.7.3 General Dimensional and Placement Standards ...................................................................... 81 11.7.4 Non-Residential Accessory Structures Standards and Review Criteria .................................... 81 CHAPTER 12 PARKING REQUIREMENTS ............................................................................................................... 83 12.1 Purpose ........................................................................................................................................... 83 12.1.1 Parking Standards ......................................................................................................................... 83 12.1.2 Duty to Provide and Maintain Parking ........................................................................................ 86 12.1.3 Surfacing ........................................................................................................................................ 86 12.1.4 Striping ............................................................................................................................................ 86 12.2 Off-Street Parking Requirements .................................................................................................. 86 12.2.1 General Provisions ......................................................................................................................... 86 12.3 Design of Parking Stalls and Lots.................................................................................................. 87 12.3.1 General Provisions ......................................................................................................................... 87 12.3.2 Standard Parking Stall Design ...................................................................................................... 88 12.3.3 Compact Parking Space Design ................................................................................................. 88 12.3.4 Motorcycle Parking ....................................................................................................................... 89 12.3.5 Oversized Vehicle Parking ............................................................................................................ 89 12.3.6 Electric Vehicle Charging Stalls ................................................................................................... 89 12.3.7 On-Street Parking Design .............................................................................................................. 89 12.3.8 Queuing Requirements ................................................................................................................. 92 12.4 Americans with Disabilities Act (ADA) Compliance .................................................................. 92 12.5 Residential Parking Design ........................................................................................................... 92 12.5.1 General Provisions ......................................................................................................................... 92 12.5.2 Parking Pads .................................................................................................................................. 92 12.5.3 Alternative Driveway Design (Including Ribbon Driveways or Paving Strips) .......................... 93 CHAPTER 13 NON-CONFORMITIES ..................................................................................................................... 94 13.1 General Description ...................................................................................................................... 94 v City of Owasso Zoning Code, Adopted via Ord. 1249 13.2 Non-Conforming Uses of Structures and Land ........................................................................... 94 13.2.1 Non-Conforming Uses of Land ..................................................................................................... 94 13.2.2 Non-Conforming Uses of Structures or Structures and Land in Combination ......................... 94 13.2.3 Specific Use Permits and Special Exceptions ............................................................................. 95 13.2.4 Non-Conforming Uses within US-169 Overlay District ................................................................. 95 13.2.5 Non-Conforming Uses within Downtown Overlay District ......................................................... 95 13.3 Non-Conforming Lots .................................................................................................................... 96 13.3.1 Single Lots ....................................................................................................................................... 96 13.3.2 Adjoining Lots ................................................................................................................................ 96 13.3.3 Lots in Non-Residential Districts .................................................................................................... 96 13.4 Non-Conforming Structures .......................................................................................................... 96 13.5 Non-Conforming Signs .................................................................................................................. 97 13.6 Repairs ............................................................................................................................................ 97 13.7 Outdoor Lighting Non-Conformities............................................................................................. 97 CHAPTER 14 ENFORCEMENT ............................................................................................................................... 98 14.1 Duty of Community Development Director and Other Officials ............................................... 98 14.2 Penalties for Violation ................................................................................................................... 98 14.3 Construction and Use Provided in Applications, Plans, and Permits ........................................ 98 CHAPTER 15 ZONING CODE AND ZONING MAP AMENDMENTS ...................................................................... 99 15.1 General Description ...................................................................................................................... 99 15.2 Policy on Zoning Map Amendments (Rezonings) ...................................................................... 99 15.3 Zoning Text Amendments ............................................................................................................. 99 15.4 Zoning Map Amendments ............................................................................................................ 99 15.4.1 Application .................................................................................................................................... 99 15.4.2 Notice Required ............................................................................................................................ 99 15.4.3 Owasso Planning Commission Action on Zoning Map Amendments (Rezoning) ................ 100 15.4.4 Owasso City Council Action on Zoning Map Amendments (Rezoning) ............................... 100 CHAPTER 16 SPECIFIC USE AND TEMPORARY USE PERMITS............................................................................. 101 16.1 Specific Use Permits .................................................................................................................... 101 16.1.1 Purpose......................................................................................................................................... 101 16.1.2 Relationship to Site Plan Requirements ..................................................................................... 101 16.1.3 Procedure .................................................................................................................................... 101 16.1.4 Technical Advisory Committee Review .................................................................................... 101 16.1.5 Owasso Planning Commission Review and Recommendation ............................................. 102 16.1.6 Owasso City Council Review and Action ................................................................................. 102 16.1.7 Indication on the Official Zoning Map Required ..................................................................... 102 16.1.8 Approval Criteria ......................................................................................................................... 102 16.1.9 Conditions of Approval .............................................................................................................. 102 16.1.10 Amendments ............................................................................................................................... 103 16.1.11 Lapse ............................................................................................................................................ 103 16.2 Temporary Use Permits ............................................................................................................... 103 16.2.1 Purpose......................................................................................................................................... 103 16.2.2 Permit Required ........................................................................................................................... 104 16.2.3 Permit Exemptions ....................................................................................................................... 104 16.2.4 General Requirements for All Allowed Temporary Uses and Structures ................................ 106 16.2.5 Permit and Application Fees ...................................................................................................... 107 16.2.6 Permit Issued ................................................................................................................................ 107 CHAPTER 17 TELECOMMUNICATION TOWERS AND ALTERNATIVE ENERGY SYSTEMS .................................... 108 17.1 Telecommunication Towers ....................................................................................................... 108 17.1.1 Specific Use Permit Required ..................................................................................................... 108 17.1.2 Replacement of Existing Poles ................................................................................................... 109 17.1.3 Placement on Existing Poles ....................................................................................................... 109 17.1.4 Roof Mounted Telecommunication Antennas ........................................................................ 109 17.1.5 Mounted Telecommunication Antennas (Non-Whip) ............................................................. 110 17.1.6 Distance Measurement .............................................................................................................. 110 17.1.7 Exceptions and Exemptions ....................................................................................................... 110 17.2 Wind Energy Systems .................................................................................................................. 111 17.2.1 Purpose......................................................................................................................................... 111 17.2.2 Applicability ................................................................................................................................. 111 vi City of Owasso Zoning Code, Adopted via Ord. 1249 17.2.3 Wind Energy System Requirements ........................................................................................... 111 17.2.3.1 Location .................................................................................................................................... 112 17.2.3.2 Setbacks ................................................................................................................................... 112 17.2.3.3 Design Standards ..................................................................................................................... 112 17.2.3.4 Permit Requirements ............................................................................................................... 113 17.2.4 Non-Use ........................................................................................................................................ 114 17.2.5 Private Covenants ....................................................................................................................... 114 17.3 Solar Energy Systems .................................................................................................................. 114 17.3.1 Purpose......................................................................................................................................... 114 17.3.2 Applicability ................................................................................................................................. 114 17.3.3 Solar Energy System Requirements ............................................................................................ 115 17.3.3.1 Exceptions and Exemptions .................................................................................................... 115 17.3.4 Permit Requirements ................................................................................................................... 115 17.3.5 Non-Use ........................................................................................................................................ 116 17.3.6 Private Covenants ....................................................................................................................... 116 17.4 Battery Energy Storage Systems ................................................................................................ 116 17.4.1 Purpose......................................................................................................................................... 116 17.4.2 Applicability ................................................................................................................................. 116 17.4.3 Battery Energy Storage System Requirements ......................................................................... 117 17.4.3.1 Exceptions and Exemptions .................................................................................................... 117 17.4.4 Permit Requirements ................................................................................................................... 117 17.4.5 Non-Use ........................................................................................................................................ 118 17.4.6 Private Covenants ....................................................................................................................... 118 17.5 Electric Vehicle Charging Systems ............................................................................................ 118 17.5.1 Purpose......................................................................................................................................... 118 17.5.2 Applicability ................................................................................................................................. 118 17.5.3 Electric Vehicle Charging System Requirements ..................................................................... 119 17.5.3.1 Exceptions and Exemptions .................................................................................................... 119 17.5.4 Permit Requirements ................................................................................................................... 119 17.5.5 Non-Use ........................................................................................................................................ 120 CHAPTER 18 SIGNS ............................................................................................................................................ 121 18.1 Purpose ......................................................................................................................................... 121 18.2 Calculating the Area of a Sign................................................................................................... 121 18.2.1 Determining Sign Measurement and Area ............................................................................... 121 18.2.1.1 Freestanding Signs ................................................................................................................... 122 18.2.1.2 Multi-Faced Signs ..................................................................................................................... 123 18.2.3 Determining Sign Height ............................................................................................................. 124 18.3 Signs Not Requiring Permits ........................................................................................................ 124 18.3.1 Business Signs ............................................................................................................................... 124 18.3.2 Historical Markers ......................................................................................................................... 124 18.3.3 Legal Notices ............................................................................................................................... 124 18.3.4 Service Station Signs .................................................................................................................... 124 18.3.5 Awning or Canopy Lettering ...................................................................................................... 124 18.3.6 Window Signs ............................................................................................................................... 124 18.3.7 Light Pole Banners and Bracket Signs ....................................................................................... 125 18.3.8 Community Interest Signs ........................................................................................................... 125 18.3.9 Projecting Signage ...................................................................................................................... 125 18.3.10 Sandwich Board Signs (A-Frame Signs) ..................................................................................... 125 18.3.11 Vehicle Wrap Signs ..................................................................................................................... 125 18.3.12 Small Directional and Bulletin Signs ........................................................................................... 125 18.3.13 Structure Banners ........................................................................................................................ 125 18.3.14 Gooseneck Reflectors ................................................................................................................ 125 18.4 Prohibited Signs ........................................................................................................................... 126 18.4.1 Location ....................................................................................................................................... 126 18.4.2 Type .............................................................................................................................................. 126 18.4.2.1 Portable Signs ........................................................................................................................... 126 18.4.2.2 Billboards .................................................................................................................................. 126 18.4.2.3 Spotlights and Searchlights ..................................................................................................... 126 18.4.2.4 Moving and Flashing Signs ...................................................................................................... 126 18.4.2.5 Nuisances ................................................................................................................................. 126 vii City of Owasso Zoning Code, Adopted via Ord. 1249 18.4.2.6 Placards, Leaflets, and Handbills ........................................................................................... 127 18.4.2.7 Off-Premise Signs...................................................................................................................... 127 18.4.2.8 Roof Signs ................................................................................................................................. 127 18.4.2.9 Balloons and Inflatable Signs .................................................................................................. 127 18.4.3 Content ........................................................................................................................................ 127 18.4.3.1 Obscene Matter ...................................................................................................................... 127 18.4.3.2 Traffic Safety ............................................................................................................................. 127 18.5 Permitted Sign Types and Regulations ...................................................................................... 127 18.5.1 Illumination ................................................................................................................................... 134 18.5.2 Digital Signage ............................................................................................................................ 134 18.6 Unified Sign Plan .......................................................................................................................... 134 18.7 Administrative Provisions ............................................................................................................ 135 18.8 Permits Required .......................................................................................................................... 135 18.8.1 Temporary Sign Permits ............................................................................................................... 135 18.9 Permit Revocable ........................................................................................................................ 136 18.10 Construction, Inspection, and Maintenance Standards ......................................................... 136 18.10.1 Materials ....................................................................................................................................... 136 18.10.2 Letters, Bracing, Anchorage, and Supports ............................................................................. 136 18.10.3 Maintenance ............................................................................................................................... 137 18.10.4 Other Requirements .................................................................................................................... 137 18.11 Permanent Sign Permit Fees ....................................................................................................... 137 18.12 Validity ......................................................................................................................................... 137 18.13 Sign Maintenance ....................................................................................................................... 137 CHAPTER 19 LANDSCAPING, SCREENING, AND FENCING REQUIREMENTS ................................................... 138 19.1 Purpose ......................................................................................................................................... 138 19.1.1 Concept Illustration ..................................................................................................................... 138 19.1.2 General Provisions ....................................................................................................................... 139 19.1.3 Interpretation of Landscaping Terms ........................................................................................ 140 19.2 Landscape Plan ........................................................................................................................... 141 19.2.1 General Requirements ................................................................................................................ 141 19.2.2 Plan Requirements ...................................................................................................................... 142 19.2.3 Installation Timeline ..................................................................................................................... 143 19.2.4 Violations ...................................................................................................................................... 143 19.2.5 Variances ..................................................................................................................................... 143 19.3 Street Yards .................................................................................................................................. 143 19.3.1 Purpose......................................................................................................................................... 143 19.3.2 Standards for Non-Residential and Multi-Family Uses .............................................................. 143 19.3.3 Standards for Single-Family Residential Uses ............................................................................ 144 19.3.3.1 Subdivision Standards .............................................................................................................. 144 19.3.3.2 Street Yard ................................................................................................................................ 144 19.3.3.3 Landscape Reserve ................................................................................................................. 145 19.4 Interior Parking Lots ..................................................................................................................... 145 19.4.1 Non-Residential and Multi-Family Uses ...................................................................................... 145 19.4.2 Entry Islands .................................................................................................................................. 146 19.4.3 Internal Planting Islands .............................................................................................................. 146 19.4.4 Litter Control ................................................................................................................................ 147 19.4.5 Sites Less than Two Acres ............................................................................................................ 147 19.4.6 Pedestrian Island ......................................................................................................................... 147 19.4.7 Landscaping Protections ............................................................................................................ 148 19.4.8 Alternative Parking Lot Island Design ........................................................................................ 148 19.4.9 Expansion of Uses ........................................................................................................................ 149 19.4.10 Yard Calculations ........................................................................................................................ 149 19.5 Buffer Yards .................................................................................................................................. 149 19.5.1 Purpose......................................................................................................................................... 149 19.5.2 Buffering of Development Adjacent to Residential Uses ........................................................ 151 19.5.2.1 Multi-Family, Commercial, Office, and Public Facility Uses ................................................. 151 19.5.2.2 Industrial Uses ........................................................................................................................... 151 19.5.3 Standards for Buffer Yard Development ................................................................................... 152 19.5.3.1 Prohibited Uses ......................................................................................................................... 152 19.5.3.2 Permitted Uses .......................................................................................................................... 152 viii City of Owasso Zoning Code, Adopted via Ord. 1249 19.5.3.3 Reductions in Required Buffer Yard Permitted ..................................................................... 152 19.5.3.4 Existing Vegetation .................................................................................................................. 152 19.5.3.5 Application toward Setback Requirement ........................................................................... 153 19.5.3.6 Designation of Buffer Yard as Landscaped Area ................................................................. 153 19.5.3.7 Buffer Yard on Property Line ................................................................................................... 153 19.5.3.8 Existing Fences ......................................................................................................................... 153 19.5.4 Exemptions ................................................................................................................................... 153 19.6 Building Yards .............................................................................................................................. 154 19.6.1 Purpose and Applicability .......................................................................................................... 154 19.6.2 Yard Types .................................................................................................................................... 154 19.6.3 Building Yard Calculations ......................................................................................................... 154 19.7 Screening Required..................................................................................................................... 154 19.7.1 Mechanical Equipment and Service Areas ............................................................................. 154 19.7.2 Utilities ........................................................................................................................................... 155 19.7.3 Rooftops ....................................................................................................................................... 156 19.7.4 Outdoor Storage Areas .............................................................................................................. 156 19.7.5 Outdoor Display Areas ................................................................................................................ 156 19.8 Tree Preservation Credits ............................................................................................................ 157 19.8.1 Tree Protection and Replacement............................................................................................ 157 19.8.2 Earth Change Permit .................................................................................................................. 157 19.8.3 Tree Preservation Credits ............................................................................................................ 157 19.9 Design Considerations ................................................................................................................ 157 19.9.1 Overhead Utility Lines ................................................................................................................. 157 19.9.2 Sight Triangles .............................................................................................................................. 157 19.10 Specifications for Plant Materials ............................................................................................... 158 19.10.1 Size Standards .............................................................................................................................. 158 19.10.2 Organic Ground Cover .............................................................................................................. 158 19.10.3 Inorganic Ground Cover ............................................................................................................ 158 19.10.4 Selection of Plant Materials ........................................................................................................ 158 19.10.5 Landscape Maintenance .......................................................................................................... 159 19.10.6 Tree Trimming ............................................................................................................................... 160 19.11 Fencing Requirements ................................................................................................................ 160 19.11.1 Fences in Residential Neighborhoods ....................................................................................... 161 19.11.2 Fences in Flood and Drainage Areas ........................................................................................ 161 CHAPTER 20 OUTDOOR LIGHTING .................................................................................................................... 162 20.1 General Description .................................................................................................................... 162 20.2 Light Measurement Technique................................................................................................... 162 20.3 General Standards for Outdoor Lighting ................................................................................... 162 20.3.1 All Zoning Districts except RE, RS, and RD ................................................................................. 162 20.3.2 RE, RS, and RD Districts ................................................................................................................ 163 20.3.3 LED Lighting .................................................................................................................................. 163 20.4 Parking Lot Lighting ..................................................................................................................... 163 20.5 Outdoor Sports Field/Outdoor Performance Area Lighting ..................................................... 163 20.6 Sign Lighting ................................................................................................................................. 163 20.7 Lighting of Commercial Buildings and Landscaping ............................................................... 163 20.8 Lighting Plans Required ............................................................................................................... 164 CHAPTER 21 ACCESS GATES FOR GATED COMMUNITIES .............................................................................. 165 21.1 Access Gate Requirements and Standards ............................................................................. 165 21.1.1 Gates on Private Streets ............................................................................................................. 165 21.1.2 Distance between Gates and Public Streets ........................................................................... 165 21.1.3 Prohibition of Tire Damaging Devices ....................................................................................... 165 21.1.4 Validity of Other Ordinances ..................................................................................................... 165 21.1.5 Establishment of Homeowners' Association ............................................................................. 165 21.1.6 Gate Width .................................................................................................................................. 165 21.1.7 Back-Up System ........................................................................................................................... 165 21.1.8 Emergency Release .................................................................................................................... 166 21.1.9 Access System ............................................................................................................................. 166 21.1.10 Design Standards for Streets....................................................................................................... 166 21.1.11 Gates to Remain Open in Event of Failure ............................................................................... 166 21.1.12 Minimum Covered Entry Height and Width .............................................................................. 166 ix City of Owasso Zoning Code, Adopted via Ord. 1249 21.1.13 Access and Easements Required .............................................................................................. 166 21.1.14 Inspections and Maintenance Required .................................................................................. 166 DEFINITIONS .............................................................................................................................................................. 167 APPENDIX A OWASSO PLANNING COMMISSION ........................................................................................... 182 APPENDIX B OWASSO BOARD OF ADJUSTMENT ............................................................................................. 184 x City of Owasso Zoning Code, Adopted via Ord. 1249 LIST OF TABLES Table 2.1 Zoning Districts ................................................................................................................................. 2 Table 3.1 Uses Permitted in the AG District .................................................................................................... 4 Table 3.2 Bulk and Area Requirements in the AG District ............................................................................ 5 Table 4.1 Residential Densities........................................................................................................................ 8 Table 4.2 Principal Uses Permitted in the RE and RS Districts ....................................................................... 8 Table 4.3 Principal Uses Permitted in the RD District ..................................................................................... 9 Table 4.4 Principal Uses Permitted in the RNX District .................................................................................. 9 Table 4.5 Principal Uses Permitted in the RM District .................................................................................. 10 Table 4.6 Principal Uses Permitted in the RMH Legacy District .................................................................. 11 Table 4.7 Bulk and Area Requirements for RE and RS Districts .................................................................. 11 Table 4.8 Bulk and Area Requirements for RD, RNX, and RM Districts ...................................................... 13 Table 4.9 Area Requirements for RMH Legacy Park Developments ......................................................... 15 Table 4.10 Individual Residential Mobile Home Legacy Lot Requirements ............................................... 16 Table 4.11 Accessory Uses and Structures Permitted in Residential Districts ............................................. 16 Table 5.1 Additional Uses Permitted in the Office District .......................................................................... 23 Table 5.2 Bulk and Area Requirements in the Office District ..................................................................... 24 Table 6.1 Additional Permitted Uses in the CS District ................................................................................ 26 Table 6.2 Additional Permitted Uses in the CG Legacy and CH Legacy Districts ................................... 27 Table 6.3 Uses Allowed By Right in the DM District ..................................................................................... 28 Table 6.4 Bulk and Area Requirements in Commercial Districts ............................................................... 29 Table 7.1 Additional Principal Uses Permitted in the IL District .................................................................. 32 Table 7.2 Additional Principal Uses Permitted in the IM District ................................................................. 33 Table 7.3 Additional Principal Uses Permitted in the IH Legacy District ................................................... 34 Table 7.4 Bulk and Area Requirements in Industrial Districts ..................................................................... 35 Table 8.1 Principle Uses Permitted in the Public Facilities District ............................................................. 36 Table 8.2 Development Standards in the PF District ................................................................................... 36 Table 9.1 Required Amenities ....................................................................................................................... 41 Table 10.1 Prohibited Uses in the US-169 Overlay District ............................................................................ 52 Table 10.2 Uses Permitted in the US-169 Overlay District with an SUP ........................................................ 52 Table 10.3 Uses Encouraged in the Downtown Overlay District .................................................................. 62 Table 10.4 Prohibited Uses in the Downtown Overlay District ...................................................................... 62 Table 11.1 Spacing from Intersections ........................................................................................................... 76 Table 12.1 Parking Requirements by Type of Use ......................................................................................... 84 Table 12.2 Parking Space Design Criteria ..................................................................................................... 88 Table 18.1 Sign Requirements for the AG, RE, RS-1, RS-2, and RS-3 Districts ............................................ 128 Table 18.2 Sign Requirements for the RD, RNX, RM, and RMH Legacy Districts ....................................... 129 Table 18.3 Sign Requirements for the O, CS, CG Legacy, CH Legacy, IL, IM, IH Legacy, and PF Districts ......................................................................................................................................... 130 Table 19.1 Buffer Yard Requirements ........................................................................................................... 150 Table 19.2 Building Yard Landscaping Requirements ................................................................................ 154 Table 19.3 Tree Preservation Credits ............................................................................................................ 157 xi City of Owasso Zoning Code, Adopted via Ord. 1249 LIST OF FIGURES Figure 4.1 Typical Yard and Setback Locations on Single-Family Lots ............................................................. 12 Figure 4.2 Common Lot Configurations ................................................................................................................ 12 Figure 4.3 Yard and Setback Locations for Duplex Lots ..................................................................................... 13 Figure 4.4 Yard and Setback Locations for Zero Lot Line and Townhome Units ............................................... 14 Figure 4.5 Placement of Exterior Mechanical Units on Residential Lots ............................................................ 15 Figure 4.6 Placement of Permanent Accessory Structures on RS Lots ............................................................... 17 Figure 9.1 Planned Unit Development Process .................................................................................................... 44 Figure 9.2 Conceptual Development Plan ........................................................................................................... 48 Figure 10.1 US-169 Overlay District Boundaries ..................................................................................................... 51 Figure 10.2 Building Entrances ................................................................................................................................ 55 Figure 10.3 Encouraged Off-Street Parking Areas ................................................................................................. 55 Figure 10.4 Wall Articulation in the US-169 Overlay District .................................................................................. 58 Figure 10.5 Downtown Overlay District Boundaries ............................................................................................... 61 Figure 10.6 Wall Articulation in the Downtown Overlay District............................................................................ 67 Figure 10.7 Overhanging Signs ............................................................................................................................... 68 Figure 11.1 Driveway Spacing ................................................................................................................................ 74 Figure 11.2 Mutual Access Driveways .................................................................................................................... 75 Figure 11.3 Width of Access .................................................................................................................................... 75 Figure 11.4 Spacing of Intersections and Points of Access .................................................................................. 76 Figure 11.5 Sight Triangles ....................................................................................................................................... 77 Figure 11.6 Façade Coverage ................................................................................................................................ 78 Figure 12.1 Compact Parking Spaces .................................................................................................................... 88 Figure 12.2 Parallel Parking ..................................................................................................................................... 90 Figure 12.3 Angled Parking ..................................................................................................................................... 91 Figure 12.4 Driveway Ribbons ................................................................................................................................. 93 Figure 17.1 Wind Energy System Total Height ...................................................................................................... 111 Figure 17.2 Wind Energy System Minimum Blade Height ................................................................................... 112 Figure 17.3 Wind Energy System Setbacks .......................................................................................................... 112 Figure 18.1 Sign Area and Dimensions ................................................................................................................. 122 Figure 18.2 Calculating Sign Area for Freestanding Signs .................................................................................. 123 Figure 18.3 Multi-Faced Signs ............................................................................................................................... 123 Figure 18.4 Sign Height .......................................................................................................................................... 124 Figure 18.5 Light Pole Banners and Bracket Signs ............................................................................................... 125 Figure 18.6 Gooseneck Reflectors ........................................................................................................................ 125 Figure 18.7 Portable Signs ...................................................................................................................................... 126 Figure 18.8 Area Marker Sign ................................................................................................................................ 132 Figure 18.9 Awning Sign ........................................................................................................................................ 132 Figure 18.10 Banner Sign ......................................................................................................................................... 132 Figure 18.11 Business Sign ....................................................................................................................................... 132 Figure 18.12 Canopy Sign ....................................................................................................................................... 132 Figure 18.13 Pole Sign .............................................................................................................................................. 133 Figure 18.14 Feather Sign ........................................................................................................................................ 133 Figure 18.15 Projecting Sign .................................................................................................................................... 133 Figure 18.16 Marquee Sign ...................................................................................................................................... 133 Figure 18.17 Monument Sign ................................................................................................................................... 133 Figure 18.18 Yard Sign ............................................................................................................................................. 134 Figure 18.19 Wall Sign .............................................................................................................................................. 134 Figure 19.1 Typical Planting Yards ........................................................................................................................ 139 Figure 19.2 Tree Descriptive Terms ........................................................................................................................ 141 Figure 19.3 Typical Sizes of Landscaping Plants .................................................................................................. 141 Figure 19.4 Entry Islands ......................................................................................................................................... 146 Figure 19.5 Internal Islands .................................................................................................................................... 146 Figure 19.6 Pedestrian Island ................................................................................................................................ 147 Figure 19.7 Bioswale............................................................................................................................................... 148 Figure 19.8 Alternative Parking Lot Design ........................................................................................................... 148 Figure 19.9 Trash Enclosures and Dumpster Areas .............................................................................................. 155 Figure 19.10 Dumpsters and Recycled Material Bins ............................................................................................ 155 Figure 19.11 Mechanical Equipment Screening on Roofs .................................................................................... 156 Figure 19.12 Trees and Utility Lines .......................................................................................................................... 157 Figure 20.1 Floodlights ........................................................................................................................................... 162 xii City of Owasso Zoning Code, Adopted via Ord. 1249 CHAPTER 1 TITLE, PURPOSE, INTERPRETATION, AND JURISDICTION 1.1 Title and Citation. Owasso Zoning Code. For 1.2 Purpose. This Code classifies and regulates the use of land, buildings, sites, and structures within the City Limits of the City of Owasso, Oklahoma. The regulations in this Code are necessary to: a. Promote the health, safety, and general welfare of the citizens of Owasso; b. Promote productive and enjoyable harmony between people and the built environment; c. Achieve a balance between population and resources so as to permit high standards of living and an equitable sharing of amenities; d. Encourage the most appropriate use of land by dividing the City into zones and regulate therein the use of the land; e. Encourage the development of the community in accordance with the adopted Land Use Master Plan; and f. Ensure a comprehensive and stable pattern of land development and uses that allow for the planning of public infrastructure such as transportation, water and sewer, schools, parks, and other public facilities. 1.3 Interpretation. 1.3.1 Validity of Other Laws. Where this Code imposes a greater restriction upon the use of structures or land, upon height or bulk of structures, or requires larger open space or yards than are imposed by other ordinances, laws, or regulations, the provisions of this Code shall not be construed to prevent the enforcement of other ordinances, laws, or regulations which prescribe more restrictive limitations. 1.3.2 Severability. In case any portion of this Code shall be invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the Code shall not be invalid, but shall remain in full force and effect. 1.4 Jurisdiction. 1.4.1 Territorial Jurisdiction. This Code shall be in full force and effect and shall apply to all lands within the incorporated limits of the City of Owasso, Oklahoma. 1.4.2 Extra-Territorial Jurisdiction. The City shall have the authority to guide and provide input on development for all lands within the City of Owasso Fenceline. 1.4.3 Annexed Territory. When any territory is brought into Owasso City Limits by annexation or otherwise, such territory shall be deemed to be in the Agriculture (AG) district, provided, however, that the Owasso City Council may annex and rezone properties under a single ordinance to the comparable zoning designation given to said properties under previous zoning actions undertaken within the applicable County of Record. Additionally, a rezoning can be requested with annexation, under a single ordinance, if the rezoning request is in compliance with the adopted Land Use Master Plan and all statutory notice requirements are met. City of Owasso Zoning Code, Adopted via Ord. 1249 1 CHAPTER 2 GENERAL PROVISIONS 2.1 Zoning Districts Established. The zoning districts set forth in Table 2.1 below are herein established: Table 2.1 Zoning Districts Zoning District Name Relative Intensity Scale AG Agriculture Least Intense District RE Residential Estate RS-1 Residential Single-Family Low Density Residential Single-Family Medium RS-2 Density RS-3 Residential Single-Family High Density RD Residential Duplex RNX Residential Neighborhood Mixed RM Residential Multi-Family Residential Mobile Home Park RMH (Legacy) O Office CS Commercial Shopping CG Commercial General (Legacy) CH Commercial High Intensity (Legacy) Industrial Light, Research and IL Development IM Industrial Moderate IH Industrial Heavy (Legacy) Most Intense District DM Downtown Mixed (PF and DM Districts excluded PF Public Facilities from scale) The Residential Mobile Home Park (RMH), Commercial General (CG), Commercial High Intensity (CH), and Industrial Heavy (IH) zoning districts are carried forward from the previous version of this Code lots and uses within these legacy districts are considered legal and conforming, provided that they conform to the applicable regulations of the prior version of this Code. New developments within a legacy zoning district must adhere to all applicable regulations of this Code. No property may be zoned or rezoned into a legacy zoning district after the date of adoption of this Code. For other previously existing zoning districts that are no longer described in this Code, refer to the zoning district that most closely matches the district in question. The Community Development Director or their designee shall make a determination. Appeals of this determination may be taken to the Owasso Board of Adjustment (BOA). 2.2 Official Zoning Map Established. The locations and boundaries of the various districts as defined herein shall be shown and delineated on the most recently updated Official Zoning Map of the City of Owasso, Oklahoma. The Official Zoning Map shall be maintained by the City of Owasso, and any changes to zoning shall be done only through an ordinance. The Official Zoning Map shall be kept by the City of Owasso, and any subsequent changes shall be maintained and updated, by the Community Development Director or their designee. City of Owasso Zoning Code, Adopted via Ord. 1249 2 2.3 District Boundary Description and Interpretation. Any update to a zoning district boundary lines shall be designated by legal description and reflected on the Official Zoning Map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets (if applicable) and shall be so designated on the Official Zoning Map. When the Official Zoning Map is referenced, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of the abutting street, alley, or railroad right-of-way. In situations where the exact locations of district boundary lines are in question, the Owasso Board of Adjustment (BOA) shall make a final determination as to their location, and the legal description shall be used to assist in such a determination. 2.4 Limitation on Land Use. No land or building shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the provisions of the Owasso Zoning Code, except as provided by the Chapter Non-Conformitiesin the Owasso Zoning Code. Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building, where a Building Permit was lawfully issued prior to the effective date of this Code, and pursuant to such Permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed non-conforming and may continue as regulated by the Chapter titled Non-in the Owasso Zoning Code. 2.5 Required Annexation for Utility Connection. Connection to any City of Owasso utility shall be provided to properties within Owasso City Limits, or as approved by the Owasso City Council. 2.6 Platting Requirements. For the purposes of providing a proper arrangement of streets and for assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, platting requirements are established in the adopted Owasso Subdivision Regulations and shall be followed. City of Owasso Zoning Code, Adopted via Ord. 1249 3 CHAPTER 3 AGRICULTURE DISTRICT PROVISIONS 3.1 Principal Uses Permitted in the Agriculture District. Principal uses permitted in the AG (Agriculture) district, by right or with a Specific Use Permit (SUP), are set forth in Table 3.1 below: Table 3.1 Uses Permitted in the AG District Allowed Allowed Use By Right with SUP Air Transportation X Animal Production and Aquaculture X Aquaculture X Beef Cattle Ranching and Farming X Bed and Breakfast X Cemetery X Chicken Egg Production X Crop Production X Cultural Center X Dairy Cattle and Milk Production X Forestry and Logging X Golf Course (Including Miniature and Pitch-N-Putt) X Golf Driving Range X Gun Club, Recreational X Manufactured Home X Museum, Historical Site, and Similar Institutions X Nursery (Horticulture) and Greenhouse X Other Animal Production X Other Poultry Production X Performing Arts, Spectator Sports, and Related Industries X Place of Worship X Poultry Hatchery X Riding Stable X RV (Recreational Vehicle) Parks and Recreational Camp X School (Public and Private) X Sheep and Goat Farming X Shooting Range X Single-Family Residential Dwelling X Support Activities for Agriculture and Forestry X Turkey Production X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. Any use not listed in Table 3.1 shall not be allowed in the AG (Agriculture) district. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Appeals of this determination may be taken to the Owasso Board of Adjustment (BOA). The SUP uses allowed in the AG (Agriculture) district shall follow the process outlined in the Section titled Specific Use Permits of the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses in the AG (Agriculture) district shall conform to the bulk and area requirements of the district, unless modified by the Owasso City Council. City of Owasso Zoning Code, Adopted via Ord. 1249 4 3.2 Accessory Uses in the Agriculture District. 3.2.1 Accessory Uses Permitted. Accessory uses customarily incident to a principal use permitted in an AG (Agriculture) district are permitted in such district. In addition, home occupations are permitted as accessory uses. A home occupation is an occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use that is clearly incidental to the principal use of the dwelling unit for residential purposes. Home occupations are allowed as an accessory use in the AG (Agriculture) district, subject to the following provisions: a. Location. Home occupations shall be conducted only within the principal structure. b. Area. The maximum floor area utilized for home occupation purposes shall not exceed twenty-five (25) percent of the total floor area of the principal structure. c. Employees. The home occupation shall occur only within the private residence of the family or person occupying the dwelling. No person shall be employed in the home occupation other than a member of the immediate family residing on the premises. d. Merchandise. The home occupation shall not involve the retail sale of merchandise manufactured off the premises. e. Visibility of Merchandise. No merchandise shall be displayed in such a manner as to be visible from outside. f. Outdoor Storage. No outdoor storage shall be allowed in connection with any home occupation. g. Maintenance of Non-Commercial Character. No alteration of the non- commercial character of the premises may be made, including the removal of garage doors. h. Signs. No signs, display, or advertising on the premises shall be permitted. i. Disturbances. No mechanical or electrical equipment or other activities shall be allowed which create a noise, dust, odor, or electrical disturbance. j. Traffic and Parking. No home occupation shall generate more than fourteen (14) trips per day to and from the premises, and all parking needs generated shall be accommodated by off-street parking that does not alter the non- commercial character of the premises. 3.2.2 Accessory Use Conditions. An accessory building constructed as an integral part of the principal building shall be made structurally a part thereof and shall comply with the requirements applicable to the principal building. Accessory buildings shall meet the minimum yard or building setback requirements. 3.3 Bulk and Area Requirements in the Agriculture District. Bulk and area requirements in the AG (Agriculture) district are set forth in Table 3.2 below: Table 3.2 Bulk and Area Requirements in the AG District Lot Dimensions Lot Width (Minimum) 200 feet Lot Area (Minimum) 2 acres Front Setback and Any Setback Abutting a Right of Way Arterial (Minimum) 35 feet Not an Arterial (Minimum) 25 feet Other Requirements Side Setback (Minimum) 15 feet City of Owasso Zoning Code, Adopted via Ord. 1249 5 Table 3.2 Bulk and Area Requirements in the AG District (Continued) Rear Setback (Minimum) 40 feet Building Height (Maximum) 45* *Any structure height greater than forty-five (45) feet shall require an SUP. This requirement excludes accessory agricultural implements. City of Owasso Zoning Code, Adopted via Ord. 1249 6 CHAPTER 4 RESIDENTIAL DISTRICT PROVISIONS 4.1 Purpose of Residential Districts. The residential districts are designed to: a. Achieve the residential objectives outlined in the adopted Land Use Master Plan; b. Protect the character of residential areas from encroachment of higher-intensity uses that are less compatible with said residential areas; c. Achieve a suitable environment for residents by permitting appropriate neighborhood facilities in residential areas, such as churches, schools, and certain cultural and recreational facilities; d. Permit a variety of dwelling types and densities to meet the varying housing needs of residents; and e. Regulate residential development to facilitate the planning for an economical and equitable provision of streets, utilities, and other public facilities. 4.2 Residential Districts Described. 4.2.1 RE (Residential Estate) District. The RE (Residential Estate) district is designed to permit the development and conservation of single-family detached dwellings or duplex dwellings, in a suitable environment on large parcels of land at a low population density. 4.2.2 RS-1, RS-2, and RS-3 (Residential Single-Family) Districts. The RS-1, RS-2, and RS-3 (Residential Single-Family) districts are designed to permit the development and conservation of single-family detached dwellings or duplex dwellings, in suitable environments in a variety of densities to meet the varying single-family housing needs of individuals and families. 4.2.3 RD (Residential Duplex) District. The RD (Residential Duplex) district is designed to permit a denser yet compatible use of tracts in or near single-family residential and other neighborhoods which are not ideally suited for single-family use because of size, topography, or adjacent land use. 4.2.4 RNX (Residential Neighborhood Mixed) District. The RNX (Residential Neighborhood Mixed) district is a residential zoning category that allows a mixture of neighborhood-level uses. This category allows for uses that fall in between typical single-family development and higher density multi-family developments. Residential developments within this Zoning District in excess of a density of eleven (11) dwelling units per acre are required to be reviewed as a Planned Unit Development (PUD). 4.2.5 RM (Residential Multi-Family) District. The RM (Residential Multi-Family) district is designed to permit the development and preservation of higher-density multi-family dwelling types, including but not limited to apartments, garden apartments, and townhouses, in suitable environments in a variety of densities. Residential developments within this Zoning District in excess of a density of twelve (12) dwelling units per acre are required to be reviewed as a Planned Unit Development (PUD) 4.2.6 RMH (Residential Mobile Home Park) Legacy District. The RMH (Residential Mobile Home Park) Legacy district is designed to accommodate mobile homes as a functional dwelling unit in appropriate locations while requiring certain regulations that insure a suitable living environment and safeguard surrounding single-family residential neighborhoods. The RMH Legacy zoning shall not be approved for any additional properties beyond the date of the passage of this Ordinance. City of Owasso Zoning Code, Adopted via Ord. 1249 7 4.3 Residential Districts Max Gross Density. The maximum density of each residential zoning designation is illustrated in Table 4.1 below, in Dwelling Units per Acre (DU/Ac): Table 4.1 Residential Densities Zoning District Max Gross Density* Residential Estate (RE) 1.8 DU/AC Residential Single-Family (RS-1) 3.2 DU/AC Residential Single-Family (RS-2) 4.8 DU/AC Residential Single-Family (RS-3) 6.2 DU/AC Residential Mobile Home (RMH) Legacy 7.0 DU/AC Residential Duplex (RD) 10.3 DU/AC Residential Neighborhood Mixed (RNX) 11.0 DU/AC Residential Multi-Family (RM) 12.0 DU/AC *Any development in excess of these allowed densities must be reviewed as a Planned Unit Development (PUD), regardless of base zoning district. A PUD may be reviewed to allow for additional density than what is otherwise allowed within a given zoning district. 4.4 Principal Uses Permitted in Residential Districts. 4.4.1 RE (Residential Estate) and RS (Residential Single-Family) Districts. Principal uses permitted in the RE (Residential Estate) and RS (Residential Single-Family) districts, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the RE (Residential Estate) and RS (Residential Single-Family) districts, as well as those indicated in Table 4.2 below: Table 4.2 Principal Uses Permitted in the RE and RS Districts Allowed Allowed Use By Right with SUP Child Day Care Center X Community Center X Duplex X Group Home X Library X Park X Place of Worship X School (Public and Private) X Single-Family Dwelling X Tiny Home Community- Multiple Dwelling Units X (with PUD) All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP or PUD) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the RE (Residential Estate) and RS (Residential Single-Family) districts shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the RE (Residential Estate) and RS (Residential Single-Family) districts. 4.4.2 RD (Residential Duplex) District. Principal uses permitted in the RD (Residential Duplex) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the RD (Residential Duplex) district, as well as those indicated in Table 4.3 below: City of Owasso Zoning Code, Adopted via Ord. 1249 8 Table 4.3 Principal Uses Permitted in the RD District Allowed Allowed Use By Right with SUP Child Day Care Center X Community Center X Duplex Dwelling X Fire Station X Library X Park X Place of Worship X School (Public and Private) X Single-Family Dwelling X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the RD (Residential Duplex) district shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the RD (Residential Duplex) district. 4.4.3 RNX (Residential Neighborhood Mixed) District. Principal uses permitted in the RNX (Residential Neighborhood Mixed) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the RNX (Residential Neighborhood Mixed) district, as well as those indicated in Table 4.4 below: Table 4.4 Principal Uses Permitted in the RNX District Allowed Allowed Use By Right with SUP Apartment/Bungalow Court X Assisted Living Facility X Attached/Detached Senior Housing X Child Day Care Center X Community Center X Condos X Cottages X Duplex, Triplex, and Multiplex X Garden Apartments X Library X Mixed-Use (with PUD) X Multi-Family, under 11 DU/AC X Park X Place of Worship X School (Public and Private) X Single-Family Dwelling X Tiny Home Development X Townhouse X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. City of Owasso Zoning Code, Adopted via Ord. 1249 9 Uses allowed with an SUP in the RNX (Residential Neighborhood Mixed) district shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the RNX (Residential Neighborhood Mixed) district. Any development in excess of eleven (11) dwelling units per acre must be reviewed as a Planned Unit Development (PUD). A PUD may be reviewed to allow for additional density than what is otherwise allowed within the RNX zoning district. If a use that is typically approved by an SUP is approved through a Planned Unit Development (PUD), no additional SUP shall be required. 4.4.4 RM (Residential Multi-Family) District. Principal uses permitted in the RM (Residential Multi- Family) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the RM (Residential Multi-Family) district, as well as those indicated in Table 4.5 below: Table 4.5 Principal Uses Permitted in the RM District Allowed Allowed Use By Right with SUP Apartments X Attached/Detached Senior Housing X Bungalow Court X Child Day Care Center X Community Center X Condos X Cottages X Garden Apartments X Library X Multi-Family, under 12 DU/AC X Multi-Family, over 12 DU/AC (with PUD) X Mixed-Use (with PUD) X Park X Place of Worship X Residential Duplex, Triplex, and Multiplex X School (Public or Private) X Senior Independent Living X Townhomes X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the RM (Residential Multi-Family) district shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the RM (Residential Multi-Family) district. Any development in excess of twelve (12) dwelling units per acre must be reviewed as a Planned Unit Development (PUD). A PUD may be reviewed to allow for additional density than what is otherwise allowed within the RM zoning district. If a use that is typically approved by an SUP is approved through a PUD, no additional SUP shall be required. 4.4.5 RMH (Residential Mobile Home Park) Legacy District. Principal uses permitted in the RMH (Residential Mobile Home Park) district, by right or with a Specific Use Permit (SUP), include City of Owasso Zoning Code, Adopted via Ord. 1249 10 all the uses allowed in a zoning district deemed to be less intense than the RMH (Residential Mobile Home) district, as well as those indicated in Table 4.6 below: Table 4.6 Principal Uses Permitted in the RMH Legacy District Allowed Allowed Use By Right with SUP Child Day Care Center X Community Center X Duplex X Library X Manufactured Home X Park X Place of Worship X Single-Family Dwelling X School (Public and Private) X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the RMH (Residential Mobile Home Park) Legacy district shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the RMH (Residential Mobile Home Park) Legacy district. 4.5 Bulk and Area Requirements in Residential Districts. 4.5.1 Bulk and Area Requirements for RE and RS Districts. Bulk and area requirements for RE (Residential Estate) and RS (Residential Single-Family) districts can be found in Table 4.7 below: Table 4.7 Bulk and Area Requirements for RE and RS Districts RE RS-1 RS-2 RS-3 Average Lot Width (Minimum) 150 feet 75 feet 65 feet 50 feet 24,000 9,000 7,000 5,000 Lot Area (Minimum) square feet square feet square feet square feet Arterial Front Setback (Minimum) 35 feet 35 feet 35 feet 35 feet Non-Arterial Front Setback 35 feet 30 feet 25 feet 25 feet (Minimum) Arterial Corner Lot Side Setback 20 feet 20 feet 20 feet 20 feet (Minimum) Non-Arterial Corner Lot Side 15 feet 15 feet 15 feet 15 feet Setback (Minimum) Rear Setback 25 feet 25 feet 25 feet 20 feet Side Setbacks (Minimum) 15/15 feet 5/5 feet 5/5 feet 5/5 feet City of Owasso Zoning Code, Adopted via Ord. 1249 11 Figure 4.1below illustrates yard and setbacklocations for a typical residential single- family lot. Setbacks on corner lots are determined based on the orientation of the dwelling unit. Single-family lots that abut a dedicated Reserve Area may request approval from the Community Development Director or their designee to count a portion of the width of provided that no structure encroaches into any utility easement. Figure 4.1 Typical Yard and SetbackLocations on Single-Family Lots Figure 4.2below illustrates common lot configurations: Figure 4.2 Common Lot Configurations City of Owasso Zoning Code, Adopted via Ord. 124912 4.5.2Bulk and Area Requirementsfor RD, RNX, and RM Districts.Bulk and area requirements for RD (Residential Duplex), RNX (Residential Neighborhood Mixed), and RM (Residential Multi-Family)districts can be found in Table 4.8below: Table 4.8 Bulk and Area Requirements for RD, RNX, and RM Districts RDRNXRM Average Lot Width (Minimum) One-and Two-Family60 feetN/AN/A Multi-Family N/AN/AN/A Lot Area (Square Feet) One-and Two-Family6,900 square feetN/AN/A Multi-Family N/AN/AN/A Arterial Front Setback (Minimum)35 feet35 feet35 feet Non-Arterial Front Setback 25 feet25 feet25 feet (Minimum) Arterial Corner Lot Side Setback 15 feet20 feet20 feet (Minimum) Non-Arterial Corner Lot Side 15 feet15 feet15 feet Setback (Minimum) Rear Setback (Minimum)20 feet20 feet20 feet* Side Setbacks (Minimum)5/5 feetN/A20/20 feet* *If lot abuts a single-familyresidential districtor use, side and rear setbacks shall be an additional five (5) feet per story above the first story. Figure 4.3below illustrates typical yard and setback locations for a duplex lot: Figure 4.3 Yard and Setback Locations for Duplex Lots City of Owasso Zoning Code, Adopted via Ord. 124913 Figure 4.4 below illustrates yard and setback locations for zero lot line and townhome units: Figure 4.4 Yard and Setback Locations for Zero Lot Line and Townhome Units Rear Lot Line Side Lot Line DrivewayDriveway Driveway Street ROW Front Front Lot SetbackLine Configuration of Zero Lot Line Style homes Townhouse End Unit Side Setback Applies to End Units Front No Setback Required Setback Configuration of Between Units Townhome Units 4.5.3Mechanical Equipment (HVAC).No Mechanical/HVAC equipment shall be allowed closer than five (5) feet to any property line within all residentialdistricts.No encroachment into the side setbacks shall be allowed. Side setbacks will be measured from the point of the wall that is nearest to the property line of the adjacent property (see Figure 4.5). City of Owasso Zoning Code, Adopted via Ord. 124914 Figure 4.5 Placement of Exterior Mechanical Units on Residential Lots Example of Incorrect Placement of Equipment in the Side Setback 4.5.4Bulk and Area Requirementsfor the RMH LegacyDistrict.Mobile home park development requirements can be found in Table 4.9 below. All interior private streets must comply with Owasso Engineering Design Criteria. Table 4.9 Area Requirements for RMH LegacyPark Developments Average LotArea 5 acres (Minimum) LotWidth (Minimum)200 feet Setbacks shall be determined by measuring from the existing Front Setbacksand property line (where sufficient right-of-way for future roadway Setbacks Abuttinga expansion or widening has been dedicated, as determined by Public Street (Minimum)the City Engineer). Where right-of-way has not been dedicated, the setbacks shall be from the future right-of-way line. Side Setbacks 5/10 feet (Minimum) City of Owasso Zoning Code, Adopted via Ord. 124915 4.5.5 Residential Mobile Home Legacy Subdivisions. A mobile home park development containing a tract area of five (5) acres or more may be subdivided to permit individual ownership of mobile home spaces, provided the resulting lots shall comply with the bulk and area requirements set out below and a subdivision plat incorporating the bulk and area requirements is submitted to and approved by the Owasso City Council and filed of record in the office of the County Clerk where the property is located. Mobile home lot requirements can be found in Table 4.10 below. Any residential development proposing private streets shall comply with Owasso Engineering Design Criteria. Table 4.10 Individual Residential Mobile Home Legacy Lot Requirements Average Lot Width 40 feet (Minimum) Lot Size (Minimum) 4,000 square feet Setbacks shall be determined by measuring from the existing Front Setbacks and property line (where sufficient right-of-way for future roadway Setbacks Abutting a expansion or widening has been dedicated, as determined by Public Street (Minimum) the City Engineer). Where right-of-way has not been dedicated, the setbacks shall be from the future right-of-way line. Abutting an Arterial 35 feet (Minimum) Abutting a Non-Arterial 25 feet (Minimum) Side Setback Interior 5/10 feet (Minimum) Rear Setback 10 feet (Minimum) 4.5.6 Additional Mobile Home Requirements. All mobile homes and manufactured housing units must be completely skirted. All housing units must be certified and display applicable federal certifications. Accessory buildings must set back a minimum of ten (10) feet from the main dwelling unit and shall follow all applicable rules and Accessory Uses and Structures in Residential Districts 4.6 Accessory Uses and Structures in Residential Districts. 4.6.1 Accessory Uses Permitted. The following uses set forth in Table 4.11 below are permitted accessory uses in residential districts: Table 4.11 Accessory Uses and Structures Permitted in Residential Districts Uses Districts Accessory Dwelling Unit All R Districts Accessory Storage Structure (Shed, Detached Garage, and All R Districts Other Similar Structures) Carport All R Districts Electric Vehicle Charging Equipment All R Districts Home Occupation (Must Meet Requirements) All R Districts Management Office, Private Recreation, Laundry, and RD, RM, Storage Facilities Associated with Multi-Family Development RMH Legacy, RNX Recreational Vehicle (Allowed Only as Temporary Use for All R Districts Guests Staying for a Maximum of 14 Days) Storm Shelter (Outdoor) All R Districts Swimming Pool All R Districts Accessory uses compatible with a principal use, as determined by the Community Development Director or their designee, shall be permitted in a residential district. City of Owasso Zoning Code, Adopted via Ord. 1249 16 4.6.2Accessory Structure Requirements.A detached accessory structureshall not be located in the front or side setbacks. Permanent accessory structuresmay be located within a rear setback, so long as at least five (5) feet from property line is maintained and no structure imposes on any easements(see Figure 4.6). Some accessory structureswill require a Building Permit. Temporary accessory structures or those not requiring a Building Permitmay be placed in utility easements, but shall not encroach to within five (5) feet of any property line. Any temporary or accessory structures Figure 4.6 Placement of Permanent Accessory Structures on RS Lots One recreational vehicle or boat may be parked upon a lot as an accessory use, provided that the vehicle is parked upon a hard-surface. (Refer to the Chaptertitled Parking Requirementin the Owasso Zoning Code.) Accessory uses and/or structures located in residential districts shall not be used for commercial purposes other than legitimate home occupations as described in the SubsectiontitledHome Occupations"in the Owasso Zoning Code. In the RS (Residential Single-Family), Residential Duplex (RD),RNX (Residential Neighborhood Mixed), Residential Multi-family (RM), and Residential Mobile Home (RMH) Legacy districts, a detached accessory structure may be located in a required rearor sidesetbackprovidedthat: a.For structures equal to or less than fifteen (15) feet in height at the roof peak, the structure must be at least five (5) feet off the property line; b.For structures greater than fifteen (15)feet in heightand less than twenty (20) feet in height at the roof peak, the minimum distance off the property line shall be ten (10) feet; c.For structures greater than twenty (20) feet in height at the roof peak, the minimum distance off the property line shall be fifteen (15) feet; d.In all cases, permanent structures may not be placed on any utility easement; and e.The total footprintfor any accessory structureor combination of all structures located on a given parcel or lotshall not exceed one thousand (1,000) square City of Owasso Zoning Code, Adopted via Ord. 124917 feet. Structures, or combinations of all structures, in excess of one thousand (1,000) square feet shall require approval from the Owasso Board of Adjustment (BOA) for a Special Exception. In the RE (Residential Estate) district, standard setbacks shall apply to all structures. For structures greater than fifteen (15) feet in height at the roof peak, the minimum distance off the property line shall be ten (10) feet. For structures greater than twenty (20) feet in height at the roof peak, the minimum distance off the property line shall be fifteen (15) feet. In all cases, permanent structures may not be placed on any utility easement. The BOA, upon application and after notice and public hearing, may grant a Variance or Special Exception, as the case may be. 4.6.3 Division of Lots. Any division of land shall follow the applicable regulations found in the adopted Owasso Subdivision Regulations and relevant State Statutes. 4.6.4 Home Occupations. An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use that is clearly incidental to the principal use of the dwelling unit for residential purposes is allowed as an accessory use in residential districts, subject to the following provisions: a. Location. Home occupations shall be conducted only within the principal structure. b. Area. The maximum floor area utilized for home occupation purposes shall not exceed twenty-five (25) percent of the total floor area of the principal structure. c. Employees. The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed in the home occupation other than a member of the immediate household residing on the premises. d. Merchandise. The home occupation shall not involve retail sales transactions on the premises. e. Visibility of Merchandise. No merchandise shall be displayed in such a manner as to be visible from the outside. f. Outdoor Storage. No outdoor storage shall be allowed in connection with any home occupation. g. Maintenance of Residential Character. No alteration of the residential character of the premises may be made, including the removal of garage doors. h. Signs. No signs, display, or advertising on premises shall be permitted. i. Disturbances. No device of any kind or other activities shall be allowed that create noise, dust, odor, or electrical disturbance that is affiliated with a home based business. This shall not be interpreted to include the operation of hobby equipment, yard maintenance equipment, or other activities that are normal to day to day living and enjoyment of personal property. No noises shall be allowed to create a public nuisance or disturb the peace as per the Owasso Code of Ordinances. j. Traffic and Parking. No home occupation shall generate more than ten (10) vehicle trips per day to and from the premises. All parking needs generated shall be accommodated by off-street parking which does not alter the residential character of the premises. City of Owasso Zoning Code, Adopted via Ord. 1249 18 k. Customers. Home-based business shall be operated in a discreet manner and not be of a type that generates significant customer traffic (see above Subsection titled l. In-Home Daycare. In-home daycares are permitted as a home occupation but shall be regulated by the State of Oklahoma. The following shall not be considered a home occupation: a. Barber shop or hair salon with more than one (1) chair; b. Tea room or restaurant; c. Bed and breakfast; d. Auto repair; e. Assisted living facility; f. Doctor or dentist office; g. Child care center for eight (8) or more children under the age of eighteen (18); h. Inn or tourist home; and i. Cabinet, metal, or machine shop. 4.6.5 Storm Shelters. Storm shelters shall not be constructed in any public utility easement, drainage easement, roadway easement, or within public right-of-way. Storm shelters may be constructed in the front setback, provided that a five (5) foot side setback is maintained. Storm shelters may be constructed in the rear or side setbacks and shall be set back five (5) feet from the side lot line on all corner and interior lots. Storm shelters constructed in the rear or side setbacks behind the front elevation of the house shall not exceed five (5) feet in height for any projection of the structure. In ground storm shelters shall not be installed in the 100-year floodplain as defined by the most recent version of the Federal Emergency Management Agency (FEMA) maps or otherwise specified by the Owasso Floodplain Administrator. 4.6.6 Carports Not Encroaching into the Front Setback. Carports may be constructed in a residential district if the following requirements are met: a. Minimum front setback requirements are met for the zoning district in which it is located. Carports may be placed in the side or rear setbacks but shall be placed at least five (5) feet from the property line and out of any utility easements. The surface and driveway leading to the carport area shall be paved as outlined in the Chapter titled Parking Requirements in the Owasso Zoning Code; b. The area of the carport shall count towards the allowable lot coverage which shall not exceed the maximum lot coverage established for the zoning district in which it is located; c. No part of the carport canopy or appurtenance may extend beyond the front property line, into any utility easement, or onto public right-of-way; d. Guttering shall not be directed towards adjoining property; e. Eaves may encroach no more than one (1) foot into a side setback, but in no instance may said eave overhang onto adjoining property; f. A Building Permit shall be required prior to construction of all permanent carports, and said carports shall comply with all applicable building, zoning, and development codes; City of Owasso Zoning Code, Adopted via Ord. 1249 19 g. All carports shall be located over a paved hard surface; and 4.6.6.1 Carports Encroaching into the Front Setback. Carports encroaching into the front setback may be approved as a Special Exception by the Owasso Board of Adjustment (BOA). Prior to taking a Special Exception for a carport to the BOA, the carport requirements listed above must be satisfied, aside from meeting the front setback requirement. Additionally, the following questions and site conditions shall be considered, evaluated, and reported to the BOA as the basis for the recommendation: a. Are there other carports in the front setback within three hundred (300) feet of the subject property? b. Does the main residential structure on the property have a functional garage? c. Is there adequate room on the side or in the backyard of the property to accommodate either a one (1) or two (2) car carport? d. Is the carport necessary to alleviate a physical condition on or adjacent to the subject property that is causing property damage to parked vehicles? e. Are outbuildings, carports, and similar structures governed privately by a currently functioning , neighborhood board, or architectural review board? (If yes, the applicant shall get an approval letter from said body prior to submitting an application to the City for a Special Exception.) f. For corner lot situations, no part of the carport shall be situated to cause sight line issues with adjoining streets. It shall be the determination of the Community Development Director or their designee to evaluate these situations independently on a case-by-case basis. g. Carports shall be required to be open on three (3) sides. h. The carport shall only be used for the storage of operable automobiles and shall not be used for the outside storage of other personal property, including but not limited to materials, goods, supplies, furniture, appliances, or inoperable automobiles. Storage and parking of recreational vehicles including watercraft and trailers must comply with the Chapter titled Off- Street Parking Requirements in the Owasso Zoning Code; and i. Input or concerns from adjoining neighbors. 4.6.7 PODS, Temporary Moving and Storage Containers, and Dumpsters. PODS and temporary moving/storage containers shall not be located in the front setback for any period longer than fourteen (14) days. Dumpsters shall not be located in the front setback for any period longer than fourteen (14) days following completion of construction associated with an active building permit. Said structures shall be set on a hard surface. In no case shall said containers be stored on a public street. 4.6.8 Accessory Dwelling Units. Accessory dwelling units, as defined in the Chapter titled Definitions in the Owasso Zoning Code, shall follow all applicable rules and this Chapter, as well as the following additional conditions: a. Said structure shall adhere to all current Building Code requirements; b. Only one (1) such structure shall be allowed per Lot of Record; c. There must be one (1) off-street parking space provided; City of Owasso Zoning Code, Adopted via Ord. 1249 20 d. No Building Permit shall be issued for a residential accessory dwelling unit unless there is a principal residential structure on the property; and e. No structure shall be placed on any utility easement or within any public right-of- way. Some neighborhoods may have restrictive covenants prohibiting accessory dwelling units. The City does not enforce local private covenants, but the property owners should verify whether accessory dwellings are allowed in their neighborhoods. 4.7 Setbacks and Yards. 4.7.1 Compliance with Setback Requirements. Yard, in this Section, shall reference the distances comprising the required front setback, side setbacks, and rear setback, as determined by designation. Yards shall be open and unobstructed from the ground to the sky, except as otherwise provided. 4.7.2 Permitted Yard Obstructions. Obstructions are permitted in required setbacks as follows: a. Cornices, canopies, eaves, and similar architectural features may project into a required setback. Attached porch or patio covers shall not be allowed in required setbacks; b. Fire escapes may project into a required setback; c. Fences, hedges, plant materials, and walls may be located in any setback, provided that on any corner lot on which a front and side setback is required, no wall fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above the crown of the adjacent roadway shall be placed or maintained within a sight triangle. Sight triangles are formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along said front and side lot lines. The points are connected to form a "sight triangle" on the area of the lot adjacent to the street intersection. For more information on sight triangles, refer to the Chapter Site Design Standards d. Fences and walls within setbacks shall not exceed a height of eight (8) feet. Any fence or wall which projects into or encloses a required front setback shall not exceed a height of four (4) feet and shall not impact the sight triangle. The Owasso Board of Adjustment (BOA), with a Variance, may modify these limitations; e. Swimming pools, hot tubs, tennis courts, covered patios, satellite dishes, and protective shelters shall be located in the rear setback and shall have a minimum setback of five (5) feet from any side setback or rear lot lines. A minimum five (5) foot setback shall be maintained for any pool and no portion of any pool wall shall encroach into any easement. All above-ground pools shall be a minimum of ten (10) feet from any property line and shall not encroach into any easement. Diving boards, slides, or other appurtenances may not be placed within any required setback or within any easement. Pool decks and patios built at-grade shall not be required to meet the setback requirement. Pool equipment such as pumps and filters may not be placed within easements. The Community Development Director or their designee may modify the provisions of this Code in certain circumstances where it may be necessary to ensure the safety and privacy of adjoining neighbors, but they cannot modify the requirements to allow less than the minimum setback. The BOA may, upon City of Owasso Zoning Code, Adopted via Ord. 1249 21 application and after public hearing, permit with a Variance the aforementioned accessory uses in the front setback provided: a. The minimum front setback requirement is adhered to; and b. A minimum setback of five (5) feet from any side lot line is met; f. Mobile home hitches; g. Customary accessory structures, such as clotheslines, barbecue pits, and playground equipment; and ŷ͵ Carports (see the Section 4.8 Garage Sales. Garage/yard/estate/moving sales or auctions that comply with City of Owasso requirements are allowed on residentially zoned lots and do not require a Permit. For information on garage sale signs, please see the Chapter titled the Owasso Zoning Code. City of Owasso Zoning Code, Adopted via Ord. 1249 22 CHAPTER 5 OFFICE DISTRICT PROVISIONS 5.1 Purpose of the Office District. The O (Office) district is designed to preserve and promote the development of efficient office facilities and to maximize compatibility with other land uses by: a. Establishing bulk and area controls; b. Requiring off-street parking and loading facilities; and c. Establishing the districts necessary to meet the need for a variety of office types. 5.2 Principal Uses Permitted in the Office District. Principal uses permitted in the O (Office) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the O (Office) district, as well as those indicated in Table 5.1 below: Table 5.1 Additional Uses Permitted in the Office District Allowed Allowed Use By Right with SUP Ambulatory Health Care Service X Broadcasting (Except Internet) X Child Day Care Service X Data Processing, Hosting, and Related Services (Except data centers) X Educational Services X Electronic and Precision Equipment Repair and Maintenance X Funeral Home and Funeral Services X General Office X Hair, Nail, and Skin Care Services X Hospital X Independent Artists, Writers, and Performers X Monetary Authorities Central Bank X Professional, Scientific, and Technical Services (Except Veterinary Clinic) X Religious, Grantmaking, Civic, Professional, and Similar Organizations X Social Assistance X Veterinary Clinic (Without Outside Animal Run or Outside Boarding) X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the O (Office) district shall follow the process outlined in the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the O (Office) district. 5.3 Bulk and Area Requirements in the Office District. Bulk and area requirements in the O (Office) district are indicated in Table 5.2 below: City of Owasso Zoning Code, Adopted via Ord. 1249 23 Table 5.2 Bulk and Area Requirements in the Office District Frontage (Minimum) Arterial and Freeway Service Road 75 feet Non-Arterial 50 feet Front Setback (Minimum) 20 feet Rear Setback (Minimum) 20 feet Setback from Abutting AG or R District Boundaries (Minimum) 20 feet Building Height (Maximum)* 45 feet *Any building requesting a height greater than forty (45) feet, as measured to the eave of said building, shall require an SUP. Buildings adjacent to a residential use or residential districts may require a greater setback as determined through the SUP. 5.4 Temporary Office Uses. For information on temporary uses and Temporary Use Permits in the Owasso Zoning Code. City of Owasso Zoning Code, Adopted via Ord. 1249 24 CHAPTER 6 COMMERCIAL DISTRICT PROVISIONS 6.1 Purpose of the Commercial Districts. 6.1.1 General Purpose. The commercial districts are designed to: a. Achieve the objectives of the Land Use Master Plan; b. Meet the needs for commercial services and goods for the citizens of Owasso; and c. Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land uses and thoroughfares by: 1. Differentiating the types and purposes of commercial activities; 2. Establishing bulk and area controls; 3. Requiring off-street loading and parking facilities; and 4. Protecting the character of commercial districts and their suitability for commercial uses. 6.2 Commercial Districts Described. 6.2.1 CS (Commercial Shopping) District. The CS (Commercial Shopping) district is designed to accommodate convenient neighborhood, community, and regional shopping centers that provide a wide range of retail and personal service uses. 6.2.2 CG (Commercial General) Legacy District. The CG (Commercial General) Legacy district is designed to accommodate commercial uses of a slightly higher intensity than CS (Commercial Shopping) zoning. The CG Legacy zoning shall not be approved for any additional properties beyond the date of the passage of this Ordinance. 6.2.3 CH (Commercial High Intensity) Legacy District. The CH (Commercial High Intensity) Legacy district is designed to accommodate high-density commercial development. The CH Legacy zoning shall not be approved for any additional properties beyond the date of the passage of this Ordinance. 6.2.4 DM (Downtown Mixed) District. The DM (Downtown Mixed) district is designed to accommodate certain types of high-density commercial, mixed-use, office, and residential development. DM (Downtown Mixed) zoning also supports the implementation of the Downtown Overlay District and Tax Increment Financing Districts. The DM (Downtown Mixed) zoning should typically only be applied within the Downtown Overlay District. 6.3 Principal Uses Permitted in Commercial Districts. The Community Development Director or their designee shall determine whether proposed uses meet the intent of this Code. All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. Any challenges or appeals to determinations made by administrative officials shall be brought before the Owasso Board of Adjustment (BOA). 6.3.1 Permitted Uses in the CS (Commercial Shopping) District. Permitted uses in the CS (Commercial Shopping) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the CS (Commercial Shopping) district, as well as those indicated in Table 6.1 below: City of Owasso Zoning Code, Adopted via Ord. 1249 25 Table 6.1 Additional Permitted Uses in the CS District Allowed Allowed Use By Right with SUP Administrative and Support Service X Amusement and Theme Parks X Amusement Arcade X Automobile Dealer X Automotive Parts, Accessories, and Tire Store X Automotive Repair and Maintenance X Bowling Centers X Building Material and Garden Equipment and Supplies Dealers (Except X Wholesale Nursery and Lumber Yard) Clothing and Clothing Accessories Store X Commercial Campground (as Accessory Use to Principal Use) X Credit Intermediation and Related Activities X Data Processing, Hosting, and Related Services (Except data centers) X Educational Services X Electric Vehicle Charging Station (as Principal Use) X Electronics and Appliance Store X Fitness and Recreational Sports Centers X Food and Beverage Store X Food Service and Drinking Place X Funeral Home and Funeral Services X Furniture and Home Furnishing Store X Gasoline Station X General Merchandise Store X Golf Course and Country Clubs X Health and Personal Care Store X Hospital X Microbrewery X Miscellaneous Store Retailer X Mixed-Use Development (Retail and Residential, up to 12 dwelling per X acre)* Motion Picture and Sound Recording Industry X Museum, Historical Site, and Similar Institutions X Other Amusement and Recreation Industries (Indoor only) X Other Amusement and Recreation Industries (With outdoor component) X Personal and Household Goods Repair and Maintenance X Personal and Laundry Service (Except Cemetery and Crematory) X Postal Service X Rental and Leasing Service (Except Commercial and Industrial X Machinery and Equipment Rental and Leasing) Sporting Goods, Hobby, Musical Instrument, and Book Stores X Transit and Ground Passenger Transportation X Traveler Accommodation X Veterinary Clinic (with Inside Kennel and Boarding) X Veterinary Clinic (with Outside Kennel and Boarding) X *Mixed-use buildings with a residential component shall meet all applicable Building Code requirements. Non-Residential uses within a mixed-use building shall conform to all applicable use and density restrictions, as defined in this Code. City of Owasso Zoning Code, Adopted via Ord. 1249 26 All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the CS (Commercial Shopping) district shall follow the process outlined by the Section titled are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, the SUP uses shall conform to the bulk and area requirements of the CS (Commercial Shopping) district, unless alternative standards are proposed and approved. 6.3.2 Permitted Uses in the CG (Commercial General) Legacy District and the Commercial High Intensity (CH) Legacy District. Principal uses permitted in the CG (Commercial General) Legacy district and the Commercial High Intensity (CH) Legacy district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the CG (Commercial General) district, as well as those indicated in Table 6.2 below: Table 6.2 Additional Permitted Uses in the CG Legacy & CH Legacy Districts Allowed Allowed Use By Right with SUP Administrative and Support Service X Automobile Dealer X Automotive Repair and Maintenance X Commercial and Industrial Machinery and Equipment (Except X Automotive and Electronic) Repair and Maintenance Commercial Campground (as Accessory Use to Principal Use) X Hospital X Microbrewery X Other Motor Vehicle Dealer (Boat, RV, etc.) X Performing Arts, Spectator Sports, and Related Industries X Rental and Leasing Service (Except Commercial and Industrial X Machinery and Equipment Rental and Leasing) RV (Recreational Vehicle) Park and Recreational Camp X Transit and Ground Passenger Transportation X Truck or Weighing Station Operation (Trucking Terminal) X Veterinary Clinic (with Outside Kennel and Boarding) X Warehousing, Self-Storage (with Commercial Component) X Wholesale Nursery and Lumber Yard X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the CG (Commercial General) Legacy and CH (Commercial High Intensity) Legacy districts shall follow the process outlined by the Section titled are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the CG (Commercial General) Legacy and CH (Commercial Hight Intensity) Legacy districts. 6.3.3 Permitted Uses in the DM (Downtown Mixed) District. All uses on property zoned DM (Downtown Mixed) that are located in the Downtown Overlay District must also meet the City of Owasso Zoning Code, Adopted via Ord. 1249 27 rincipal uses allowed by right in the DM (Downtown Mixed) district include all the uses indicated in Table 6.3 below: Table 6.3 Uses Allowed By Right in the DM District All Residential Uses Art Dealer, Gallery, and/or Studio Beer, Wine, and Liquor Store Book Store and News Dealer Clothing Store (Less than 5,000 Square Feet) Fitness and Recreational Sports Center Florist Food Service and Drinking Place Furniture Store (Less than 5,000 Square Feet) General Office Grocery Store Hair, Nail, and Skin Care Services (Less than 5,000 Square Feet) Health and Personal Care Stores (Less than 5,000 Square Feet) Hobby, Toy, and Game Store (Less than 5,000 Square Feet) Jewelry, Luggage, and Leather Goods Store Microbrewery Mixed-Use Development (Commercial, Office, and Residential) Musical Instrument Supplies Store (Less than 5,000 Square Feet) Office Supplies, Stationery, and Gift Store (Less than 5,000 Square Feet) Pet and Pet Supplies Store (Less than 5,000 Square Feet) Performing Arts Company/Venue Photofinishing Sewing, Needlework, and Piece Goods Store (Less than 5,000 Square Feet) Shoe Store (Less than 5,000 Square Feet) Specialty Food Store (Less than 5,000 Square Feet) Supermarket and Other Grocery (Except Convenience) Store Sporting Goods Store (Less than 5,000 Square Feet) Tobacco Store (Less than 5,000 Square Feet) Used Merchandise Store (Less than 5,000 Square Feet) 6.4 Temporary Commercial Uses. For information on temporary uses and Temporary Use Code. 6.5 Bulk and Area Requirements in Commercial Districts. Bulk and area requirements in the commercial districts are indicated in Table 6.4 below. It is the intent of this Chapter to promote the re-development of large, under-utilized parking lots. Therefore, the minimum lot frontage requirements for commercially-zoned properties shall be reduced to zero (0) feet. Other requirements such as parking and landscaping may be assessed on a case-by-case basis by the Community Development Director or their designee for infill development. All applicable Building and Fire Codes shall still apply. City of Owasso Zoning Code, Adopted via Ord. 1249 28 Table 6.4 Bulk and Area Requirements in Commercial Districts Requirements CS CG Legacy/CH Legacy DM Frontage (Minimum) Arterial and Freeway Service Road N/A N/A N/A Non-Arterial N/A N/A N/A Front Setback (Minimum) 25 feet 25 feet 0 feet Side Yard Setback (Minimum) 0 feet 0 feet 0 feet Setback from Abutting Residential Use or 20 feet* 20 feet* 0 feet Residential District (Minimum) Building Height (Maximum) 45 feet** 45 feet** 45 feet** *For uses requiring a Specific Use Permit (SUP), buildings adjacent to residential uses or residential districts shall require a setback of at least twenty-five (25) feet or greater, as determined through the SUP process. **Any building requesting an eave height greater than forty-five (45) feet shall require an SUP. 6.6 Locations of Sexually-Oriented Businesses. 6.6.1 Definitions. As used in this Section, the terms exual conduct and ecified anatomical areas shall mean as follows: a. Sexual conduct includes the following: 1. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; 2. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3. Masturbation; and 4. Excretory functions as part of or in connection with any of the activities set forth in 1-3 above. b. Specified anatomical areas includes the following: 1. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; and 2. Human male genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Code, sexually-oriented businesses are defined as follows: a. Adult Amusement or Entertainment. Amusement or entertainment which is distinguished or characterized by an emphasis on acts or materials depicting, describing, or relating to sexual conduct or specified anatomical area, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment. b. Adult Toy or Novelty Store. An establishment having a majority of its stock or display area in toys, novelties, costumes, accessories, and other materials related to sexual conduct, specified anatomical areas, or erotic entertainment. c. Adult Bookstore. An establishment having as a significant portion of its stock in trade books, film, magazines, and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. City of Owasso Zoning Code, Adopted via Ord. 1249 29 d. Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. e. Adult Motel. A motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. f. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. g. Adult Motion Picture Theater. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. h. Massage Parlor. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas. i. Model Studio. Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. j. Sexual Encounter Center. Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devises, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. 6.6.2 Prohibition. No person shall cause or permit the establishment of any of the sexually- oriented businesses as defined in this Section in an area zoned other than CG (Commercial General) Legacy or CH (Commercial High Intensity) Legacy. In addition, no person shall cause or permit the establishment of any of the sexually-oriented businesses as defined in this Section within one thousand (1000) feet of any other sexually-oriented business, or within one thousand (1000) feet of a place of worship, day care, school (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a non-arterial street which provides access to a residential district. Provided further that the Owasso City Council may permit by a Specific Use Permit (SUP) a sexually-oriented business as defined in this Section in an IL (Industrial Light, Research and Development), IM (Industrial Moderate), or IH (Industrial Heavy) Legacy district, subject to the distance limitations set forth herein. City of Owasso Zoning Code, Adopted via Ord. 1249 30 All businesses that meet the definition of a sexually-oriented business shall not have any items displayed in the windows in public view. All exterior windows and doors shall be opaque so as to prohibit the viewing of any items from outside the store. Persons under the age of eighteen (18) shall not be permitted in any sexually-oriented business. Every sexually-oriented business shall display signage prohibiting persons under the age of eighteen (18) within the business. The establishment of a sexually-oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in this Section. Nothing in this Code is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any City, State, or Federal laws. City of Owasso Zoning Code, Adopted via Ord. 1249 31 CHAPTER 7 INDUSTRIAL DISTRICT PROVISIONS 7.1 Purpose of Industrial Districts. The industrial districts are designed to: a. Achieve the objectives of the Land Use Master Plan. b. Meet the needs for industrial service and to create regional employment for the citizens of Owasso. c. Preserve and promote the development of efficient industrial areas and to minimize the adverse effects of industrial uses on other land uses and thoroughfares by: 1. Differentiating the types and purposes of industrial activities; 2. Establishing bulk and area controls; 3. Requiring off-street loading and parking facilities; 4. Provide for landscaping and screening of more intense industrial uses; and 5. Protecting the character of industrial districts and their particular suitability for industrial uses. 7.2 Industrial Districts Described. 7.2.1 IL (Industrial Light, Research and Development) District. The IL (Industrial Light, Research and Development) district is designed to provide an environment conducive to the development and conservation of modern industrial and scientific research facilities and to provide areas suitable for manufacturing, wholesaling, warehousing, and other light industrial activities. 7.2.2 IM (Industrial Moderate) District. The IM (Industrial Moderate) district is designed to group together a wide range of industrial uses. 7.2.3 IH (Industrial Heavy) Legacy District. The IH (Industrial Heavy) district is designed to provide area for manufacturing and other industrial activities. The IH Legacy zoning shall not be approved for any additional properties beyond the date of the passage of this Ordinance 7.3 Principal Uses Permitted in Industrial Districts. All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. 7.3.1 Permitted Uses in the IL (Industrial Light, Research and Development) District. Principal uses permitted in the IL (Industrial Light, Research and Development) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the Industrial Light (IL) district, as well as those in Table 7.1 below: Table 7.1 Additional Principal Uses Permitted in the IL District Allowed Allowed Use by Right with SUP Air Transportation X Amusement, Gambling, and Recreation Industries X Apparel Manufacturing X Building Material and Garden Equipment and Supplies Dealer X Computer and Electronic Product Manufacturing X Construction of Buildings (General Contractor) X Credit Intermediation and Related Activities X City of Owasso Zoning Code, Adopted via Ord. 1249 32 Table 7.1 Additional Principal Uses Permitted in the IL District (Continued) Allowed Allowed Use by Right with SUP Data Processing, Hosting, and Related Services (Except data X centers) Data Processing, Hosting, and Related Services (Including data X centers) Electric Vehicle Charging Station (as Principal Use) X Furniture and Related Product Manufacturing X Miscellaneous Manufacturing X Motor Vehicle and Parts Dealer X Performing Arts, Spectator Sports, and Related Industries X Personal and Laundry Service X Place of Worship X Printing and Related Support Activities X Publishing Industries (Except Internet) X Rental and Leasing Service X Repair and Maintenance Service X Specialty Trade Contractor X Support Activities for Transportation X Telecommunications (excluding towers) X Transit and Ground Passenger Transportation X Truck Transportation X Warehousing and Storage (including self-storage) X Waste Management and Remediation Service X Wholesale Electronic Market and Agents and Brokers X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the IL (Industrial Light, Research and Development) district shall follow the process outlined by the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the IL (Industrial Light, Research and Development) district. 7.3.2 Permitted Uses in the IM (Industrial Moderate) District. Principal uses permitted in the IM (Industrial Moderate) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the Industrial Moderate (IM) district, as well as those included in Table 7.2 below: Table 7.2 Additional Principal Uses Permitted in the IM District Allowed Allowed Use by Right with SUP Air Transportation X Ambulatory Health Care Service X Amusement, Gambling, and Recreation Industries X Beverage and Tobacco Product Manufacturing X Chemical Manufacturing X Fabricated Metal Product Manufacturing X Furniture and Related Product Manufacturing X Leather and Allied Product Manufacturing X Merchant Wholesaler, Durable Goods X Merchant Wholesaler, Nondurable Goods X City of Owasso Zoning Code, Adopted via Ord. 1249 33 Table 7.2 Additional Principal Uses Permitted in the IM District (Continued) Allowed Allowed Use by Right with SUP Miscellaneous Manufacturing X Support Activities for Transportation X Textile and Textile Product Mill X Truck Transportation X Waste Management and Remediation Service X Wood Product Manufacturing X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the IM (Industrial Moderate) district shall follow the process outlined by the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements of the IM (Industrial Moderate) district. 7.3.3 Permitted Uses in the IH (Industrial Heavy) Legacy District. Principal uses permitted in the IH (Industrial Heavy) district, by right or with a Specific Use Permit (SUP), include all the uses allowed in a zoning district deemed to be less intense than the Industrial Heavy (IH) district, as well as those in Table 7.3 below: Table 7.3 Additional Principal Uses Permitted in the IH Legacy District Allowed Allowed Use By Right with SUP Air Transportation X Chemical Manufacturing X Fabricated Metal Product Manufacturing X Food Manufacturing X Heavy and Civil Engineering Construction X Leather and Allied Product Manufacturing X Machinery Manufacturing X Nonmetallic Mineral Product Manufacturing X Paper Manufacturing X Petroleum and Coal Products Manufacturing X Plastics and Rubber Products Manufacturing X Primary Metal Manufacturing X Support Activities for Transportation X Textile and Textile Product Mill X Transportation Equipment Manufacturing X Truck Transportation X Waste Management and Remediation Service X Wood Product Manufacturing X All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) guide. For any proposed use (by right or SUP) the Community Development Director or their designee shall determine the category that the proposed use would fall within. Uses allowed with an SUP in the IH (Industrial Heavy) district shall follow the process outlined by the Section titled Specific Use Permits in the Owasso Zoning Code and are subject to the requirements, safeguards, and conditions that may be imposed by the Owasso City Council. Further, SUP uses shall conform to the bulk and area requirements City of Owasso Zoning Code, Adopted via Ord. 1249 34 of the IH (Industrial Heavy) district. Buildings, structures, or equipment abutting residential use or residential district shall require a greater setback as determined through the SUP process. 7.4 Bulk and Area Requirements in Industrial Districts. Bulk and Area Requirements in the industrial districts are indicated in Table 7.4 below: Table 7.4 Bulk and Area Requirements in Industrial Districts IH Requirements IL IM Legacy Frontage (Minimum) 150 feet 200 feet 200 feet Setback from Abutting Street (Minimum) Setbacks shall be determined by measuring from the existing property line (where sufficient right-of-way for future roadway expansion or widening has been dedicated, as determined by the City Engineer). Where right-of-way has not been dedicated, the setbacks shall be from the future right-of-way line. 50 feet 50 feet 50 feet Arterial and Freeway Service Road 25 feet 25 feet 25 feet Non-Arterial Setback from Abutting Agriculture, Residential, or Office 75 feet 75 feet 100 feet District Boundary Lines (Minimum) Building Height (Maximum without SUP)* 50 feet 50 feet 50 feet *Any buildings, structures, or equipment taller than fifty (50) feet shall require a Specific Use Permit (SUP). 7.5 Accessory Uses Permitted in Industrial Districts. 7.5.1 Accessory Uses Permitted. Accessory uses customarily incidental to a principal use permitted in an industrial district are permitted in said district. 7.5.2 Accessory Use Conditions. Accessory buildings shall meet the minimum building setback lines of the applicable district. An accessory building erected as an integral part of the principal building shall be structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. Accessory storage of materials, equipment, or products within two hundred (200) feet of an abutting residential or agriculture district shall be screened with a screening wall or fence along the lot line or lines in common with the abutting residential or agriculture district. City of Owasso Zoning Code, Adopted via Ord. 1249 35 CHAPTER 8 PUBLIC FACILITIES DISTRICT PROVISIONS 8.1 Purpose of the Public Facilities District. The PF (Public Facilities) district is intended to accommodate a wide range of public/institutional/quasi-public uses distributed throughout the community and establish a zoning district for said uses. The PF (Public Facilities) district shall only be used for uses associated with municipal government, county government, state government, federal government, Tribal government, public schools, or public utilities. The PF (Public Facilities) district is consistent with and implements the C-public land use category shown on the adopted Land Use Master Plan. 8.2 Characteristics of the Public Facilities District. The characteristics of uses found within the PF (Public Facilities) district would be facilities that provide a public benefit or service to the entire community. The Official Zoning Map of the City of Owasso shall denote all uses in the Public Facilities zoning district with the letters PF. 8.3 Principle Uses Permitted in the Public Facilities District. Principle uses permitted in the PF (Public Facilities) district include those indicated in Table 8.1 below: Table 8.1 Principal Uses Permitted in the Public Facilities District Use Allowed By Right City/Municipal Buildings and/or Yards X County Buildings and/or Yards X Cultural Areas X Federal and/or Tribal Buildings and/or Yards X Other Public Uses X Public Parks X Public Safety Facilities X Public Schools X Public Services X Public Utilities X State Buildings and/or Yards X The Community Development Director or their designee shall determine what uses, as defined by the North American Industry Classification System (NAICS) guide, would meet the criteria of the district. 8.4 Development Standards in the Public Facilities District. All applicable development regulations listed within this Code shall apply to any PF (Public Facilities) district development proposal. Each development shall be required to plat the property and submit a Site Plan for approval. Due to the wide variety of possible public uses and facilities, approvals shall be made on a case-by-case basis, with review by the relevant reviewing and/or approving body. Table 8.2 below summarizes the setback requirements for structures in the PF (Public Facilities) district: Table 8.2 Development Standards in the PF District Setbacks Front (Minimum) 20 feet Street-Side (Minimum) 20 feet Interior and Rear (Minimum) 10 feet Height (Maximum) N/A City of Owasso Zoning Code, Adopted via Ord. 1249 36 CHAPTER 9 PLANNED UNIT DEVELOPMENTS 9.1 General Description. 9.1.1 Introduction and Purpose. A Planned Unit Development (PUD) is a special zoning overlay that provides alternatives to conventional land development. Upon approval, it becomes a supplement to the existing zoning of the subject property. A PUD is also a means of encouraging creative development of land and promotes project design that is often unseen in conventional development. A PUD shall not be seen as a tool to circumvent the Owasso Zoning Code and Owasso Subdivision Regulations, but rather as a tool for intelligent, well-planned, and quality developments that fit within the context of the surrounding area. A PUD provides flexibility to allow for development on properties with unique physical characteristics by promoting innovative design and providing guidelines which ensure While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. 9.1.2 Goals. Because a Planned Unit Development (PUD) allows greater flexibly than otherwise would be allowed with the base zoning, there are specific goals that need to be accomplished with each application. All PUDs shall be evaluated on their ability to accomplish the following: a. Maintain and enhance the quality of life in Owasso; b. Provide opportunities for urban infill; c. Maintain and promote a sense of community; d. Encourage development that otherwise could not occur on the site; e. Preserve and provide meaningful open space; f. Promote connectivity and compatibility with surrounding development; g. Inspire unique and thoughtful development; h. Support the development of strong neighborhoods; i. Provide amenities beyond conventional development; and j. Preserve the physical characteristics of the land. 9.1.3 Applicability. A Planned Unit Development (PUD) may be submitted for any parcel of land located within any general zoning district or combination of zoning districts within Owasso City Limits. In all cases, the PUD will be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this Chapter. Approval of a conceptual development plan is required prior to development of a PUD. The conceptual development plan shall be submitted concurrently with a request for rezoning. Conceptual development plans are subject to recommendation by the Owasso Planning Commission and approval by the Owasso City Council. All PUD applications shall require a concurrent zoning application that accommodates the proposed use, unless the zoning that would support the proposed use is already in place. City of Owasso Zoning Code, Adopted via Ord. 1249 37 This Chapter shall complement the other Sections of the Owasso Zoning Code. In instances where the requirements are conflicting, the Community Development Director or their designee shall determine the correct action. 9.2 Standards of Development. 9.2.1 Density. By its very nature, a Planned Unit Development (PUD) is designed to develop parcels of land with unique or unusual natural or man-made conditions. In order to promote development that makes use of and preserves such unique features, it may be necessary to cluster density within developments. If clustering of density is proposed, then: a. Additional amenities shall be provided; b. The design shall promote and maintain useable open space in excess of twenty percent (20%) of the gross area of the tract and incorporate Low Impact Design techniques; and c. A layout shall be provided that complements the existing conditions of the site. All PUDs shall calculate density based upon the gross area of the tract, which may include floodplains, rights of way, or easements to provide an overall gross density for the project that shall be expressed in units per acre. The gross density calculations shall be provided within the design and intent statement. a. Single-Family Residential Densities. Residential single-family densities shall be consistent with the Chapter titled Residential District Provisions and may exceed a maximum density of six-point-two (6.2) units per acre gross density with appropriate justification, and the potential for additional amenities and/or open space. b. Neighborhood Mixed-Use Residential Densities. Neighborhood mixed-use densities shall be consistent with the Chapter titled Residential District Provisions and may exceed a maximum density of eleven (11) units per acre gross density with appropriate justification, and the potential for additional amenities and/or open space. c. Multi-Family Residential Densities. Multi-family densities shall be consistent with the Chapter titled Residential District Provisions in the City of Owasso Zoning Code and may exceed a maximum density of twelve (12) units per acre gross density with appropriate justification, and the potential for additional amenities and/or open space. 9.2.2 Land Use Percentages. In any residential Planned Unit Development (PUD), at least twenty (20) percent of the gross area of the tract shall be devoted to open space, common areas, or amenities. Rights-of-way and utility easements on individual lots shall not apply to open space calculations. If at least twenty (20) percent open space cannot be achieved, the project may be required to provide additional amenities in order to mitigate the reduction in open space. Because all PUD projects are unique, the Community Development Director or their designee shall determine if additional amenities are required in relation to the amount of open space provided. 9.2.3 Preservation of Trees and Other Natural Features. Planned Unit Developments (PUDs) shall be designed to preserve and enhance the existing physical characteristics of the land and its natural vegetation. Projects that require clear cutting or denuding of large tracts of land for development are discouraged. Trees in excess of eight (8) inches in caliper shall be preserved and worked into the overall design of the project, unless the applicant can provide substantial justification to remove said trees. Tree preservation credits shall be applied to all landscaping plans if found to meet the requirements of City of Owasso Zoning Code, Adopted via Ord. 1249 38 this Code, and additional landscaping shall be required for projects that remove excessive healthy vegetation. 9.2.4 Screening and Buffering. Screening is an important part of any Planned Unit Development (PUD) proposal, especially when incompatible uses are proposed within the PUD or exist in adjoining developments. Screening may be employed in the form of: a. Fencing. Wood fencing shall have metal posts placed on the inside. b. Walls. Stone, brick, split-faced block, or similar decorative materials shall be used. c. Berms. Berms may be used in combination with vegetation or fencing to achieve the desired result. d. Vegetation. Vegetation provides a screening mechanism that can be efficient and aesthetically pleasing. In many cases, leaving the natural vegetation as a means of screening achieves the desired results. New vegetation may be planted that also achieves the intent of this Section. Materials and sizes of vegetation shall be provided with the required conceptual development plan and conform to the Owasso Zoning Code. Buffer yards shall be provided at all boundaries of the PUD where higher intensity or higher density uses adjoin existing tracts that are of a lower intensity or density. An example of this may be 5000 square foot lots adjoining an existing single-family development containing 20,000 square foot lots. Buffers shall vary in size depending on the use or the density of the development, but shall be a minimum of twenty (20) feet in width. Vegetation and screening is required in buffer yards. All residential PUD shall contain decorative fencing along adjacent arterial roadways and shall also contain language covering the long-term maintenance of the fencing. If wood fencing is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. 9.2.5 Transition of Uses. Great care shall be given as to the location of the more intense uses or densities within the Planned Unit Development (PUD) and in relation to adjacent uses. Higher intensity uses, where possible, should be concentrated along arterials, near the corners of intersections of adjacent high-traffic volume streets, highways, and throughfares. When a PUD is adjacent to lower-intensity land uses, transition should be achieved, when possible, by placing less intense uses and densities along the perimeter of the PUD area with more intense uses and densities near the center of the PUD. For example, if a PUD is proposed in an area that abuts mostly large-acreage, low density lots, the PUD should place larger lots and/or lower density allowances along the perimeter and move towards smaller lots within the core of the PUD area or along arterial streets. If transition cannot be achieved, a large and well-vegetated buffer should be provided. 9.2.6 Conceptual Landscape Plan. Each Planned Unit Development (PUD) shall require a conceptual Landscape Plan at the time of submittal. The conceptual Landscape Plan shall depict general locations for landscaping, but shall not be required to go into great detail. Trees, however, shall be shown on the Landscape Plan. More detailed Landscape Plans may be required in the later stages of the development process in . Final landscape plans shall be reviewed and approved administratively, and shall include any special requirements approved by the City Council. 9.2.7 Adherence to City Landscape Requirements. All adopted landscape requirements shall be met by any Planned Unit Development (PUD). A PUD shall provide landscaping City of Owasso Zoning Code, Adopted via Ord. 1249 39 purpose, and criteria outlined in the PUD Ordinance. 9.2.8 Site Development. 9.2.8.1 Low-Impact Design (LID) Criteria. All Planned Unit Development (PUD) proposals are encouraged to incorporate low-impact design techniques. Utilizing low- impact design techniques can greatly reduce infrastructure costs and can be incorporated into common areas and open space. Some low-impact design possibilities are: a. Bio-retention areas (e.g. rain gardens); b. Green roofs; c. Permeable paving or driveways; d. Cisterns; e. Vegetated swales; and f. Impervious surface education. All PUDs are encouraged to define how low-impact design principles shall be applied. 9.2.8.2 Grading, Site Disturbance, and Trail Easements. Planned Unit Development (PUD) sites shall not be denuded of all vegetation. Great care should be given to developing drainage and grading plans that incorporate natural areas and preserve the topography and vegetation of the PUD area. All creeks or perennial streams shall have a minimum of a fifty (50) foot undisturbed buffer measured from the top of the stream or creek bank and shall be included into the design of the PUD whenever possible. Trail easements may be required along floodplains, wetlands, creeks, and other bodies of water. 9.2.8.3 Adherence to City, State, and Federal Requirements. All grading and drainage plans shall meet all City, State, and Federal requirements. 9.2.9 Parking and Circulation. The applicant shall provide plans that depict the safe and efficient movement of vehicles throughout the Planned Unit Development (PUD). For any PUD that proposes a use that would generate more than one hundred (100) vehicle trips per hour, a traffic impact analysis shall be provided to the Public Works Department for review, per the adopted Engineering Design Criteria. All City, State, and Federal regulations shall be met by the PUD proposal. All parking areas, driveways, or other means of vehicular access shall be designed in accordance with the Chapter Zoning Code, as well as all other applicable regulations, including but not limited to those found within the Owasso Subdivision Regulations and the Owasso Engineering Design Criteria. 9.2.10 Open Space. At least twenty-five (25) percent of the provided open space shall be developed and maintained for active or passive recreational activities. The remaining area should be kept as marshland, wildlife areas, woodlands, creeks, etc. At least ten (10) percent of this remaining area shall be out of the 100-year floodplain and floodway. 9.2.11 Common Areas. Common areas promote social interaction and help to create a sense of community. Common areas shall be provided throughout the development for the use and enjoyment of the residents of the surrounding area. 9.2.12 Amenities Required. Any residential Planned Unit Development (PUD) shall provide at least one (1) amenity from each of the categories from Table 9.1 below: City of Owasso Zoning Code, Adopted via Ord. 1249 40 Table 9.1 Required Amenities Category Amenity Feature Sports field, tennis court, basketball court, volleyball court, disc golf Active Recreation course, skate facility, bike path, hiking trail, or golf facility. Stocked fishing pond, nature preserve area of at least 2 acres, horse shoe pit, wildlife viewing area (if adjacent to preserved Passive Recreation habitat), camp ground, equestrian facility, meditation area, walking path or trail, pedestrian boulevard, or open green space. Dog park, picnic area, pavilion, outdoor amphitheater, clubhouse, Public Gathering Areas gazebo, BBQ area, dock area, community garden, or park area. Family Recreational Areas Tot lot, splash pad, swimming pool, or playground. For any detached single-family residential development that proposes a gross density of more than five (5) residential dwelling units per acre, one (1) additional amenity from any category shall be required for each additional two (2) units per acre. Multi-family developments shall provide one (1) type of amenity from each category, with any additional amenities recommended by Staff. The applicant may propose an amenity not shown on the list to the Community Development Director or their designee. The Community Development Director or their designee shall determine if the proposed amenity is appropriate for the type of development proposed. Amenities may be combined into one (1) or more park/recreation areas (i.e. pool with a club house or a park area with a basketball court, playground, and walking trails). Park and recreation areas shall be placed within the development so they are convenient and accessible. Any standing water feature or pond shall be re-circulated through a fountain, waterfall, or other aeration device. This requirement applies to any storm retention pond that maintains a pool elevation of water. All amenities will have long-term maintenance requirements that shall be managed by future s . Appropriate language should be included that clearly states that maintenance shall be covered by the applicant or developer until the turnover date as described in the Section titled Standards for Single-Family Residential Districts in the City of Owasso Zoning Code. The applicant or developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures, and similar common elements in a PUD. Said responsibilities and ownership of these areas shall be clearly articulated in the covenants and/or the deeds of dedication for the development. Amenities approved as a part of any PUD should be installed prior to the completion of the entire project. At least one (1) amenity shall be installed by the time twenty-five (25) percent of the lots are developed and all amenities should be installed or completed prior to seventy-five (75) percent of the lots being developed. No Building Permit shall be issued if a development does not meet these amenity requirements. 9.2.13 Consistency with the Land Use Master Plan. Any proposed Planned Unit Development (PUD) shall be developed in accordance with the adopted City of Owasso Land Use Master Plan. The PUD shall meet the goals, objectives, and action strategies stated within the Plan. 9.2.14 Compatibility with Surrounding Development. Each Planned Unit Development (PUD) shall be designed in a manner that is compatible with the surrounding development in City of Owasso Zoning Code, Adopted via Ord. 1249 41 the area. If the proposed development is not in character with the surrounding area, the PUD shall show how the development can be screened or employ techniques that will mitigate the incompatibility. 9.3 Procedures for Obtaining Planned Unit Development Zoning. 9.3.1 Pre-Application Meeting. A pre-application meeting is required prior to submitting a formal application for the proposed Planned Unit Development (PUD) project. This step offers the applicant or developer a chance to meet with City of Owasso Staff to discuss ideas related to the development of a PUD on a piece of property. City Staff from different departments shall be available to discuss the project, answer questions, and provide information to the applicant or developer. 9.3.2 Submittal of Development Application. After submittal of a completed Planned Unit Development (PUD) application packet with all required information, the Community Development Director or their designee shall provide a professional review of the project and shall assist the applicant or developer in understanding the PUD process. The Community Development Director or their designee shall require sufficient detail in the conceptual development plan to provide an opportunity for the reviewing bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The Community Development Director or their designee shall provide recommendations regarding changes or additions to the PUD that would make the project more consistent with the goals, purpose, and standards outlined in this Chapter. Upon completion of a successful application, the PUD shall be placed on the next available Owasso Planning Commission Agenda. Base zonings of the property are suggested to align with the proposed allowed uses prescribed in the proposed PUD document. A concurrent rezoning application may be submitted in conjunction with the submittal of a proposed PUD to achieve this. Applicants are required to fill out both a completed Rezoning and Planned Unit Development (PUD) application packet and submit any required items to the Community Development Department. In the case of multiple base zonings being needed within the Planned dictate separate areas and what they will be rezoned to by separate legal descriptions. 9.3.3 Technical Advisory Committee. Prior to the Owasso Planning Commission, the City of Planned Unit Development (PUD) proposal and all supporting documentation. The Technical Advisory Committee shall provide comments to the applicant regarding utilities, engineering, planning, and project design and other comments/requirements deemed appropriate. All Technical Advisory Committee comments shall be addressed by the applicant prior to the PUD being reviewed by the Owasso Planning Commission or the Owasso City Council. 9.3.4 Neighborhood Meeting. A neighborhood meeting between the applicant and adjoining property owners is strongly encouraged to introduce the project and listen to any concerns from the citizens. If such a meeting is held, City Staff may be present at the request of the applicant to answer procedural and City-related questions, but will otherwise observe and report on the discussions held at the meeting. Neighborhood meetings should be held at least fourteen (14) calendar days prior to the project being heard by the Owasso Planning Commission. As an alternative to the City of Owasso Zoning Code, Adopted via Ord. 1249 42 neighborhood meeting, the applicant may choose to mail adjoining property owners a copy of the proposed concept and keep a log of all reported comments and concerns. It is also suggested that the applicant or developer provides the s of surrounding neighborhoods with a copy of the proposed development plans. 9.3.5 Owasso Planning Commission. In regards to Planned Unit Developments (PUDs), the function of the Owasso Planning Commission is to listen to public concerns, afford the applicant or their designee an opportunity to make a formal presentation regarding the project, review the project for conformity with the requirements of this Code, and to offer suggestions regarding the project design as it relates to impacts on adjoining properties. It shall be the duty of the Planning Commission to review each PUD prior to Owasso City Council consideration. At the Owasso Planning Commission meeting, Staff shall prepare and present a Staff report encompassing an evaluation of the potential proposed PUD as well as a conceptual development plan and such other narrative or other graphic information pertinent to the City's initial review as provided by the applicant or their designee. The applicant or their designee will have the ability to address the Planning Commission following this presentation if they choose and are highly encouraged to be present at the meeting. At the Planning Commission meeting, the applicant or their designee and interested citizens will have the opportunity to discuss the merits of the PUD proposal. The Planning Commission will assess the proposal in light of Code guidelines and will take action after weighing the recommendations of the Staff, presentation, additional commentary from the applicant or their designee, and the community's response. The Planning Commission shall review each application using the following process: a. The Owasso Planning Commission shall review each PUD application for conformity to the City of Owasso Zoning Code. b. The Owasso Planning Commission shall study the proposed PUD application, taking into account the recommendations of the Staff, the review criteria, and other applicable standards in this Code. If the Planning Commission determines that the Code is not being met in certain areas, then they may make suggestions to the applicant and transmit the suggestions to the Owasso City Council as part of their report. The Planning Commission shall hear from the general public and engage the applicant or developer in discussion of the project; c. The Owasso Planning Commission shall discuss any potential issues that they determine the project has and offer suggestions that may help the project meet the goals, purpose, and criteria identified in this Chapter. This information shall be transmitted to the Owasso City Council; and d. The Owasso Planning Commission shall have ninety (90) days to act on a PUD application from the time of submittal to the Community Development Department. If after ninety (90) days the Planning Commission cannot render a decision with all requested documents and information provided by the applicant, the applicant may proceed to the Owasso City Council for consideration. Delays by the applicant in providing materials or documents to City Staff shall not be counted towards the ninety (90) days. Requests for changes and/or additional materials by the Planning Commission shall not be counted towards the ninety (90) days. The ninety (90) day review period shall only consist of time when an application is complete, the item is placed on the agenda, and all requested materials or information have been provided. City of Owasso Zoning Code, Adopted via Ord. 1249 43 9.3.6Owasso City Council.The Owasso City Councilshall make the final decision on any Planned Unit Development(PUD)application. A final PUDplan shall be approved along with an ordinance. The approved ordinance and PUDplan shall dictate any future development on the subject property, unless the PUDis amended or expires. The Owasso City Councilshall use the information provided by City Staff, the recommendation from the Owasso Planning Commission, input from the public, and input from the applicantto make a decision astoapprove or deny a proposed PUD. The Owasso City Councilmay add conditions to the project that they determineare necessary to meet the intent of this Chapter. Should the Owasso City Councilrequire more information, the item can be tabled to a future meeting.If any major changes are made to the plans or new information is brought forward after review by the Owasso Planning Commission, the Owasso City Councilmay ask that the project return to the Planning Commissionfor review. All conditions imposed by the Owasso City Councilshall become binding and shall be met before the project may proceed. All PUDsapproved in accordance with provisions of this Codein its original form, or by subsequent amendments thereto, shall be referenced on the Official Zoning Map of the City of Owasso, and a list of such PUDs, together with the category of uses permitted therein, shall be maintained in the Community Development Department. Figure 9.1 Planned Unit Development Process Pre-Application Meeting with Planning Staff Submittal of Application Packet with Fees Application Reviewed& Public Hearing Scheduled Notification Prepared for Newspaper & Property Posted with a Sign Technical Advisory Committee Staff review Owasso Planning CommissionHearing Owasso City CouncilHearing Approval Denial Ordinance Prepared 9.4Timeline, Expiration, andAmendments. 9.4.1Validation.A Planned Unit Development(PUD)shall be validated once any portion of the property has been platted and recorded or a Building Permitis issued. 9.4.2Zoning Ordinance.Because a Planned Unit Development(PUD)is azoning action approved by the Owasso City Councilthrough ordinance, the City shall file the ordinanceapproving the designation of a PUDon a tract of land, with the County office immediately following approval by Owasso City Council. City of Owasso Zoning Code, Adopted via Ord. 124944 9.4.3 Expiration. For any Planned Unit Development (PUD) in which there has been no Building Permit issued nor any portion of the property platted after five (5) years since approval by the Owasso City Council, the PUD shall be considered null and void and shall be brought back before the Owasso Planning Commission and the Owasso City Council for consideration prior to any development on the property. The underlining zoning of the PUD shall not expire, only the PUD overlay shall expire. All expired PUDs shall be denoted as such on the Official Zoning Map. 9.4.4 Conformance with Current Regulations. Expired Planned Unit Developments (PUDs) shall be required to meet the most recently adopted regulations, ordinances, and development standards. 9.4.5 Extensions. An extension may be granted by the Community Development Director or their designee for Planned Unit Developments (PUDs) that are nearing the five (5) year expiration date. PUDs may be extended one (1) time for a maximum of two (2) additional years, provided a letter is submitted to the Community Development Director or their designee asking for the extension no less than two (2) months prior to the five (5) year expiration date. Said letter must indicate the following: a. Reason for the extension; b. That there are no changes to the original PUD approved by the Owasso City Council; and c. Expected date by which a portion of the PUD will be platted. to sign documents on their behalf) to ask for and sign the letter of extension. If no extension has been sought and granted, said PUD shall be considered expired. If no portion of the property has been platted nor any Building Permit received by the Community Development Department, within the two (2) year extension period, said PUD shall expire and a new PUD application must be submitted. 9.4.6 Amendments. There may be instances when a change or amendment to the original Planned Unit Development (PUD) is necessary or desired. In these situations, the magnitude of these amendments is considered. There are two (2) types of amendments that can occur with a valid PUD: a Major Amendment and a Minor Amendment. If amendments have been made, then a determination shall be made by the Community Development Director or their designee as to whether or not said amendments constitute a major or minor plan change. a. Major Amendment. A Major Amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. A Major Amendment shall proceed through the entire PUD process as outlined in this Chapter. The Community Development Director or their designee shall determine if the changes to the PUD meet the criteria for a Major Amendment, is an appropriate change, and will maintain the spirit of what was approved in the original PUD. Modifications from the previously approved PUD plan shall be deemed by the Community Development Director or their designee to be a Major Amendment if said modifications cause one (1) of the following to occur: 1. Increase the total number of dwelling units by more than ten (10) percent; 2. Reduce the amount of common open space by ten (10) percent from what was originally approved; 3. Substantially change the location of any multi-family or non-residential areas as shown on the approved PUD; City of Owasso Zoning Code, Adopted via Ord. 1249 45 Example: An approved 100 acre PUD shows 20 acres for office, 10 acres for commercial, and 70 acres for residential single-family. If the amendment proposes to move the commercial area to another location within the PUD, then it would be deemed to be a Major Amendment. 4. Eliminate a proposed use that was approved with the original PUD that substantially changes the character of the project; 5. Complete elimination of a recreational feature that was identified in the approved PUD, without replacing it with an in-kind feature; or 6. Change in the location or revision of access points within the PUD that connect to adjacent residential uses or the addition of additional access points that were not included in the original PUD document; Modifications in the location or design of minor streets, cul-de- sacs, alleys, or facilities for water and for disposal of stormwater and wastewater internal to the development shall not be considered as a Major Amendment. Otherwise moving of an approved access point, that does not connect to a residential use, shall be facilitated through a Change of Access request/application with the Community Development Department. An appeal of the Community Development Director or their designee decision that the changes to the PUD construe a Major Amendment shall be made in writing by filing a notice of appeal to the Owasso Planning Commission within ten (10) days of the Community Development Director or their designee Said appeal shall be heard at a regular meeting of the Planning Commission, at which time the applicant may defend their proposal. Appeals shall not require public notification. b. Minor Amendment. Small changes that still meet the intent of the ordinance, do not increase the density in excess of ten (10) percent, are consistent with surrounding development, and do not pose a threat to the health, safety, or welfare of the citizens of Owasso can be administratively approved as a Minor Amendment. Minor Amendments may also include relocation of landscape areas, parking areas, drive aisles, or other similar changes that are minor in scope. Minor Amendments shall be approved administratively. Depending upon the nature of the amendment, the Community Development Director or their designee may require the PUD to go before the Technical Advisory Committee for review. 9.4.7 Abandonment. There may be instances in which an abandonment of a Planned Unit Development (PUD) is necessary or desired. In these situations, this action shall be required to undergo the same steps as are required to establish a Planned Unit Development (PUD) on a property by the current Code. All abandoned PUDs shall be denoted as such on the Official Zoning Map. 9.5 Conceptual Development Plan. The required conceptual development plan shall be a rendered plan that clearly articulates the overall concept of the Planned Unit Development (PUD). Figure 9.2 illustrates an acceptable conceptual development plan rendering. The conceptual development plan shall include the entire PUD area, and it may include Site Plans of smaller areas to provide more specificity if the development is large. City of Owasso Zoning Code, Adopted via Ord. 1249 46 The conceptual development plan shall include, at a minimum, the following: a. Name of the proposed development; b. Name and address of the property owner and developer; c. Name of the preparer of the document; d. Graphic scale drawn no smaller than 1:100, a north arrow, date of preparation, and a legend; e. Vicinity map outlining the location of the development in relation to major streets within 1000 feet, schools, and other landmarks; f. County where the development lies shall be depicted; g. Legal description of the property; h. Total acreage of the tract, total acreage of the proposed area to be improved, and acreage of open space; i. Location and name of abutting subdivisions and City Limit lines for Owasso; j. Wooded areas, wetlands, waterways, floodplain and floodway, ponds, and other natural features; k. General location of all proposed streets; l. Proposed density of the development depicted in gross density figures (gross units per acre of the entire development); m. Location and identification of all land uses in the PUD shall be depicted; n. Identification of all amenity locations, detention areas, open space areas, etc.; o. General location of parking areas for non-single-family residential areas; p. Depiction of any proposed walking trails, pathways, and buffer yards, including fences; q. Notation on the plan of how wide the buffer yards will be and how they will be landscaped; and r. Location and type of amenities provided. 9.5.1 Conceptual Development Plan as the Preliminary Plat. Should a conceptual development plan be provided that goes into sufficient detail necessary for submittal of a Preliminary Plat, then the plan may be used as the Preliminary Plat for the Planned Unit Development (PUD). If the conceptual development plan is to be used as the Preliminary Plat, it must contain all of the required elements for preliminary plat approval outlined in the Owasso Subdivision Regulations. If the PUD is approved with a conceptual development plan that is sufficient to be used as a Preliminary Plat, the applicant may proceed to the Final Plat stage. It is not required that the entire development be platted; only the portion the applicant intends to develop initially. Additionally, the conceptual development plan can be used as the actual Site Plan package for the development so long as it meets the criteria outlined in the Owasso Zoning Code for site plans and fulfills all requirements set forth in the Site Plan application/checklist and any provided Technical Advisory Comments. City of Owasso Zoning Code, Adopted via Ord. 1249 47 If the conceptual development plan is unchanged, additional Technical Advisory Committeereview will not be required. Figure 9.2 Conceptual Development Plan 9.6Design and Intent Statement. 9.6.1Requirements.The design and intent statement shall clearly articulate the vision for the proposed development and shall identify key elements of the project that justify using a Planned Unit Development(PUD)approach over conventional zoning. At a minimum, the design and intent statement shall include some basic elements, listed below: a.Overall project statement of proposed use and intent; b.List of the proposed land uses including residential densities; c.List of all parties involved (applicant, owner, agent, plan preparer); d.Thorough narrative explaining why the development is appropriate and how it complies with the requirements of this Chapter. The applicantshould explain how the PUDis consistent with the goals, purposes, and standards listed in this Chapter; e.Statement regarding the compatibility of the proposed development with the surrounding area.The statement should address buffer zones, transition, screening, types of materials to be used, and square footage of structures; f.Table showing how the proposed PUDwill differ from current bulk standards, with an outline of what Sections of the Owasso Zoning Codeor Subdivision Regulations that the PUDseeks relief from; g.Outline of the covenants that will govern the property and information about the development of a Associationand how they will govern the common areas; h.Anticipated timeline for development, which may include a phasing plan; and ź͵PUD City of Owasso Zoning Code, Adopted via Ord. 124948 CHAPTER 10 OVERLAY DISTRICTS 10.1 General Description. It is the purpose and intent of an overlay district to provide enhanced standards to protect and enhance the unique characteristics of specific areas and/or corridors while providing for development opportunities. These characteristics may include natural scenic beauty, manmade features, or other features. Overlay districts may also be used to protect or facilitate a particular design theme established through specific architectural styles or periods, or to protect or facilitate Site Plan conventions such as setbacks that are both minimums and maximums. The purposes of any overlay district may include: a. Promoting the safe and efficient use of specific roadways by controlling access and other traffic measures; b. Encouraging the redevelopment of an area consistent with a particular design theme; c. Minimizing the detrimental impact on hillsides, watercourses, and other significant natural features; d. Giving special attention to landscaping, buffering, signage, lighting, and building setbacks in those areas identified as needing special attention; and e. Giving special attention to the existing architectural style or to the style that is planned, so as to create an easily identifiable area in those areas identified as architecturally significant. 10.1.1 Establishment of Overlay Districts. The Owasso City Council of the City of Owasso may adopt overlay districts as needed in order to implement specific purposes, intents, and design standards based upon the adopted Land Use Master Plan for the area being regulated, which shall be applied as additional standards to other regulations required by the City. Such overlay districts shall be made a part of the Zoning Code. Upon adoption, the boundaries of such overlay districts shall be shown on the Owasso Zoning Map. 10.1.2 Development Criteria. The development criteria for each overlay district shall be those standards as set out in each overlay district. All overlay districts shall adhere to the 10.1.3 Applicability. Where any Section of this Chapter is found to be in conflict with other Chapters of the Zoning Code, the regulations found herein shall apply. Any overlay district acts as an additional layer of zoning over the base zoning district. The overlay language and regulations shall supersede the base zoning regulations where conflict may arise. City of Owasso Zoning Code, Adopted via Ord. 1249 49 US-169 OVERLAY DISTRICT 10.2 Purpose of the US-169 Overlay District. The purpose of the US-169 Overlay District is to: a. Encourage sustainable development that will become a long-term asset to Owasso; b. Protect an area that represents a significant opportunity for business and corporate investment, which is important to the long-term economic health of Owasso; c. Establish uses and regulations that promote the development of this area as a corridor that promotes an environment of business, learning, and growth; d. Protect the area around Tulsa Technology Center from uses that may have a development; e. Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non-compatible uses; f. Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion; g. Ensure a high quality of development that will ultimately generate an economically-enhanced and pedestrian-friendly area for Owasso; and h. Follow the principals of the Quality of Life Initiative. 10.3 Designation of the US-169 Overlay District. The US -169 Overlay District covers an area roughly one-quarter (¼) mile to one-half (½) mile on either side of US-169 from 86th St N to 126th St N. It is depicted in Figure 10.1 and defined on the official Owasso Zoning Map. 10.4 Uses in the US-169 Overlay District. 10.4.1 Permitted Uses. The base zoning districts of properties fully or partially within the designated US-169 Overlay District shall not be affected except as noted in this Chapter. All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including Planned Unit Development (PUD) or Specific Use Permit (SUP) stipulations. Where any of the above regulations conflict with those of the US-169 Overlay District, the more restrictive shall apply. 10.4.2 Restricted Uses. For property zoned AG (Agriculture) in the US-169 Overlay District, only existing agricultural uses shall be permitted and shall be subject to all applicable standards and regulations. No Specific Use Permits (SUPs) shall be issued for any land zoned AG (Agriculture) and no new agriculture uses or businesses shall be allowed. Within the US-169 Overlay District, unless otherwise restricted, any use permitted by right in a particular zoning district, or with an SUP in the underlying zoning district, shall be permitted. All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) book. Upon annexation, all tracts of land shall be zoned commercial, office, or in conformity with the existing adopted Land Use Master Plan in effect at the time of the annexation. New developments with residential uses, including mixed-use developments, shall be developed as a Planned Unit Development (PUD). City of Owasso Zoning Code, Adopted via Ord. 1249 50 Figure 10.1 US-169 Overlay District Boundaries City of Owasso Zoning Code, Adopted via Ord. 124951 10.4.3 Prohibited Uses. The following uses shall be prohibited in the US-169 Overlay District: Table 10.1 Prohibited Uses in the US-169 Overlay District Animal and Poultry Raising Any New Agricultural Use or Business Bindery Bottled Gas Sales Casino/Gaming Center Chick Hatchery Cemetery Cesspool Cleaning Concrete Construction Service Drag Strip Fuel Oil Sales (Not Including Gas Station or Convenience Store) Halfway House Industrial Uses in the IH (Industrial Heavy) Legacy District Industrial Uses in the IM (Industrial Moderate) District Juvenile Delinquency Center Landfill Mini-Storage Warehouse (as a Primary Use) Oil Well Drilling and Cleaning Establishment Outdoor Kennel (Not Part of a Veterinary or Grooming Business) Outdoor Storage of Any Kind as the Principal Use Portable Building Sales Power Plant Pre-Release Center Race Track (Animal or Vehicle) Sexually-Oriented Business Shooting Range (Outdoor) Taxidermist Truck Stop 10.4.4 Uses Permitted with a Specific Use Permit. The following uses shall be permitted in the US-169 Overlay District with the issuance of a Specific Use Permit (SUP), subject to compliance with the provisions of this Section: Table 10.2 Uses Permitted in the US-169 Overlay District with an SUP Agricultural Implement Sales Aircraft Sales Appliance Store and Repair Any Retail Use with Primarily Outdoor Sales Auctioneer Auto Rental Auto Sales (5 Acre Maximum Parcel Size) Auto Wash Boat and Recreational Vehicle Sales Bus Station Cabinet Maker Camper Sales Construction Equipment Sales Disinfecting Service Exterminating Service Fence Construction Company Go-Kart Track Golf Driving Range City of Owasso Zoning Code, Adopted via Ord. 1249 52 Table 10.2 Uses Permitted in the US-169 Overlay District with an SUP (Continued) Janitorial Service Lumber Yard Monument Sales Motorcycle Sales Motor Vehicle Repair Outdoor Recreation (Including Amusement Park) Park and Ride Lot Plastic Material Sales Retail Greenhouse Truck Rental Vending Sales and Service Woodworking Shop 10.4.5 Existing Uses. 10.4.5.1 Single-Family Residential. The US-169 Overlay District shall not affect existing single- family residential uses, neighborhoods, or platted residential developments. Said uses may continue to exist in perpetuity until such time as they may be redeveloped or rezoned for another use. 10.4.5.2 Properties Outside the City Limits of Owasso. The US-169 Overlay District covers areas that are currently outside of Owasso City Limits. Unless these properties are annexed into Owasso City Limits, they shall not be required to comply with the regulations of this Chapter. If annexed, these properties shall be subject to the regulations set forth in this Chapter. If the subject property lies outside of Owasso City Limits, the County regulations in which the property lies shall apply. 10.4.5.3 Previously Approved Projects or Developments. Any project or development that was approved or had plans submitted prior to the effective date of this Code shall not be required to comply with these regulations unless they meet any of the criteria from this Chapter. Previous approvals remain valid unless the approval date lapses or unless changes are made to the previous approvals. This shall refer to Site Plans, building plans, Planned Unit Developments (PUDs), or Specific Use Permits (SUPs) submitted prior to the effective date of the US-169 Overlay District, and they shall only be required to comply with the zoning regulations in affect at that time. An approved plat shall not constitute approval of a project. The Community Development Director or their designee shall determine if a project meets these criteria. 10.4.6 Separation Requirements. In order to protect the integrity and purpose of the US-169 Overlay as described in Section 10.2 in this Chapter, the uses listed below, taken from Table 10.2 in this Chapter, shall have the additional requirement that they be separated by a distance of 2,640 linear feet. The distance shall be measured from property line to property line. In the event the measurement bisects a parcel, then the greater amount of area that is inside or outside of this distance shall be used to determine the applicability of this Section. In addition to the requirements of this section, the following uses shall not be located on any parcel of land that abuts the Tulsa Technology Center Campus property: a. Aircraft Sales; b. Auto Sales; c. Boat and Recreational Vehicle Sales; d. Camper Sales; e. Construction Equipment Sales; City of Owasso Zoning Code, Adopted via Ord. 1249 53 f. Motorcycle Sales; g. Truck Rental (as a single use); and h. Agricultural Implements Sales Additionally, this Section shall apply to any uses identified in Section 53241 of the North operate in a similar manner. 10.5 Requirements in the US-169 Overlay District. 10.5.1 Landscape Requirements. Development and or redevelopment in the US-169 Overlay District shall comply with the Chapter titled Landscaping, Screening, and Fencing Requirements in the Owasso Zoning Code with the following additional requirements: a. All signage shall have shrubs and/or perennial flowers at the base; and b. Said shrub/flower bed shall be enclosed with an edging material such as brick, stone, steel edging, concrete, or similar material. 10.5.2 General Requirements. All development in the US-169 Overlay District shall follow City of Owasso procedures and requirements described in the relevant Section(s) titled General Provisions in the Owasso Zoning Code, except as noted in this Chapter. Architectural details and/or drawings shall be submitted to the Community Development Department at the time of Site Plan submittal. Architectural plans shall depict architectural details outlined in this Section and shall consist of: a. Preliminary renderings or drawings of building elevations plus typical cross sections to clearly define the character of the project and to ensure these provisions are met; and b. Exterior building materials inventory to indicate compliance with this Chapter. The Community Development Director or their designee shall review the proposed building materials for compliance. 10.6 Building and Site Design Standards in the US-169 Overlay District. 10.6.1 General Design. Developments in the US-169 Overlay District shall be evaluated using the following criteria: a. Compatibility. Adjacent buildings shall relate in similarity of architectural style, roof style, and configuration. b. Proportions. Windows, doors, columns, piers, projections, ribs, awnings, cornices, parapets, eaves, and other building components shall be proportional to the overall scale of the building. Windows should be greater in height than width, unless otherwise required by a specific design feature or architectural style. City of Owasso Zoning Code, Adopted via Ord. 1249 54 10.6.2Building Entrance.All publicbuilding entrances shall be clearly defined and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are not allowed (see Figure 10.2). Figure 10.2 Building Entrances 10.6.3Boulevard Entrance.For developments containing total floor area in excess of fifty thousand (50,000) square feet, the principal access into the site shall be a boulevard incorporating a ten (10) foot wide landscaped center median that complies with the Chapter titledLandscaping, Screening, and Fencingin the Owasso Zoning Code. 10.6.4Off-Street Parking.Off-street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible (see Figure 10.3). Loading areas shall be located behind the main building and screened in accordance with the Chapter titledLandscaping, Screening, and Fencingin the Owasso Zoning Code. All parking lots, drives, aisles, and other elements shall comply with the Chapter titledOff-Street Parking Requirementsin the Owasso Zoning Code. Figure 10.3 Encouraged Off-Street Parking Areas 10.6.5Minimum Lot Frontage and Building Setback.It is the intent of this Chapterto promote the re-development of large, under-utilized parking lots. Therefore, the minimum lot frontage and front setback requirements for properties within the US 169 Overlay District shall be reduced to zero (0) feet. Other requirements such as parking and City of Owasso Zoning Code, Adopted via Ord. 124955 landscaping may be assessed on a case-by-case basis by the Community Development Director or their designee. for infill development. All applicable Building and Fire Codes shall still apply. It is also the intent of this Chapter to enhance and preserve the character of the US- 169 Overlay District by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street. Therefore, front building setbacks may be reduced to ten (10) feet when the building is going to be pushed to the front or side of said lot. 10.6.6 Transit Stops. All transit stops shall be covered to offer shade and shelter from the elements. 10.6.7 Outdoor Space. Each site with a building larger than ten thousand (10,000) square feet shall be designed to include public pedestrian walkways internally and throughout the development, linking all areas and buildings facilities open to the public, and shall include one (1) or more plazas or courtyards with benches or patios/seating areas (see Zoning Code). For single developments containing total floor area in excess of eighty thousand (80,000) square feet, at least one (1) outdoor space or site amenity shall be required on the site or on adjacent land, in addition to the required plaza or courtyard area. All features shall be accessible, useable spaces. Outdoor space or site amenities may include, but are not limited to: a. Window shopping walkway; b. Water feature; c. Clock tower; d. Seating walls; e. Benches; f. Courtyards or plazas; g. Fountains; or h. Sculpture or public art. The Community Development Director or their designee may approve any other such deliberately shaped area or focal feature or amenity that, in the judgment of the Community Development Director or their designee, adequately enhances such community and public spaces. 10.6.8 Sidewalks. All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in the City of Owasso Engineering Standards. 10.6.9 Exterior Materials. Exterior building materials shall include brick, split-faced concrete block, stone, stucco, synthetic stucco, cement-board, or wood siding. Metal may be used as accent material, and cumulatively may not exceed twenty (20) percent of the area of any individual exterior wall. The Community Development Director or their designee may grant the allowance of additional metal in the determination that the not exceed fifty (50) percent of any individual exterior wall. All windows and doors to customer service areas along building frontages at the ground floor level on any retail building shall be transparent. City of Owasso Zoning Code, Adopted via Ord. 1249 56 10.6.10 Multiple Buildings in Commercial Centers. In order to achieve unity between all buildings in a commercial development consisting of more than one building, all buildings in such a development, including pad site buildings, shall employ a consistent architectural style or theme and be constructed of similar exterior materials. Design criteria for large and multi-phase developments shall be provided for review. 10.6.11 Roof Pitch. Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low-reflectivity metal (flat or matte finish). Applied mansard roofs shall not be permitted. 10.6.12 Electrical and Services Equipment. HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with the Chapter titled Landscaping, Screening, and Fencing in the Owasso Zoning Code. Utility meters, aboveground tanks, satellite dishes, and antennas shall also be screened from view. Wall-mounted mechanical equipment that extends six (6) inches or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the Owasso City Council, all electrical and telephone lines and wires, including but not limited to street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. adopted Technical Standards and Specifications. 10.6.13 Wall Articulation. Façades shall have a recognizable "base" consisting of but not limited to: a. Walls; b. Ledges; c. Sills; d. Integrally textured materials, such as stone or other masonry; e. Integrally colored and patterned materials; or f. Planters. Façade a. Cornice treatments with integrally textured materials (other than colored "stripes" or "bands"); b. Sloping roofs with overhangs and brackets; or c. Stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front façade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty (50) feet in length shall incorporate one or more of the following features at least every fifty (50) feet in length (see Figure 10.4): City of Owasso Zoning Code, Adopted via Ord. 1249 57 Figure 10.4 Wall Articulation in the US-169 Overlay District a.Changes in color, graphical patterning, changes in texture, or changes in material; b.Projections, recesses, and reveals expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve (12) inches; c.Windows and fenestration; d.Gable projections; e.Horizontal or vertical breaks; or f.Other similar techniques. The Community Development Director or their designee may approve variations or alternate treatments, so long as the intent of the Codeis met. 10.6.14Signage.Signs shall be permitted in the US-169 Overlay District in accordance with the Chapter titledSignsin the Owasso Zoning Code, with the following exceptions: a.Pole signs of any type over twenty-five (25) feet in height are prohibited. Pole signs shall only be allowed on parcels having frontage on US-169, defined further as properties whose lot boundaries are directly adjacent to US-169 or are only separated from being adjacent to US-169 by means of Right-of-Way, more commonly defined as a service road; b.All signs not having frontage on US-169, shall be of monument form and constructed of materials that complement the main building(s); c.All signs not attached to buildings shall be set in a landscaped bed; City of Owasso Zoning Code, Adopted via Ord. 124958 d. Maximum height for signage shall be twenty (20) feet for property with frontage on all arterial roads other than US-169; e. In all other cases, the maximum height for signage shall be ten (10) feet; f. Digital signs shall have an eight (8) second delay and shall only display static images (moving video and moving graphics are prohibited within the overlay); and g. New multi-tenant developments are encouraged to use the Unified Sign Permit (USP) process. 10.6.15 Building Orientation. All primary buildings on lots or tracts with frontage on US-169, defined further as properties whose lot boundaries are directly adjacent to US-169 or are only separated from being adjacent to US-169 by means of Right-of-Way, more commonly defined as a service road, are encouraged to be oriented towards the highway. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent façades, constructed of equally high-quality materials, facing both the highway and the secondary street. All buildings are encouraged to be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. 10.6.16 Commercial Drive-Through Lanes. Drive-through facilities associated with commercial uses shall be architecturally integrated with the building. 10.6.17 Outdoor Display and Sales. All outdoor display or sales areas shall be shown on the Site Plan and shall encompass less than twenty (20) percent of the area of the building footprint. Said display area shall be landscaped to provide definition of the area. Any allowed use that requires primarily outside sales shall not be required to meet these criteria. 10.6.18 Screening of Refuse Collection and Loading Areas. Refuse collection areas in the US- 169 Overlay District shall be screened in accordance with the Chapter titled Landscaping, Screening, and Fencing in the Owasso Zoning Code. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non-enclosed service, storage, and off-street loading areas shall be screened with opaque sight-obscuring walls or fences that are made of durable materials and are between six (6) feet and eight (8) feet in height. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping. 10.6.19 Accessory Structures. Accessory structures shall be allowed within the US-169 Overlay District, provided that said structures meet all requirements of the base Zoning District Owasso Zoning Code. City of Owasso Zoning Code, Adopted via Ord. 1249 59 DOWNTOWN OVERLAY DISTRICT 10.7 Downtown Overlay District. It is the intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main th Street, 76 St, and Downtown Owasso area. Overlay districts may also be used to protect or facilitate a particular design theme established through specific architectural styles or periods, or to protect or facilitate Site Plan conventions such as setbacks that are both minimums and maximums. 10.8 Purpose of the Downtown Overlay District. The purpose of the Downtown Overlay District is to: a. Encourage sustainable development that will become a long-term asset to Owasso; b. Promote economic growth and redevelopment of the Downtown Owasso area; c. Encourage residential development as part of commercial development and to replace blighted properties on the fringe of the Downtown Owasso area with new and higher-density residential; d. Encourage the development of office space through standalone and mixed- use development. Office space is encouraged at a higher-density and multi- story structures; e. Giving special attention to landscaping, buffering, signage, lighting, and building setbacks in those areas identified as needing special attention; f. Giving special attention to the existing architectural style or to the style that is planned, so as to create an easily identifiable area in those areas identified as architecturally significant; g. Promote the history of Owasso; h. Encourage high quality, attractive, and unique architecture; i. Implement the Downtown Development District as described in the GrOwasso 2035 Land Use Master Plan and 2001 Downtown Master Plan; j. Create a vibrant arts and entertainment district; k. Create an area where development can be accomplished at a higher-density than allowed in any other commercial and residential districts of Owasso; l. Attract new businesses and retain small businesses in the Downtown Owasso area; m. Revitalize Main Street and create a true Main Street environment; n. Establish regulations that protect the investment of existing and new businesses from unattractive, non-compatible uses; o. Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion; p. Ensure a high quality of development that will ultimately generate an economically-enhanced and pedestrian-friendly area for Owasso; q. Follow the principals of the Quality of Life Initiative and the GrOwasso 2035 Land Use Master Plan; and r. Encourage locally-owned and Made In Oklahoma businesses. City of Owasso Zoning Code, Adopted via Ord. 1249 60 10.9Designation of the Downtown Overlay District. 10.9.1Boundary Map.The boundaries of the Downtown Overlay Districtare depicted in Figure 10.5. All properties within the depicted boundaries are subject to the rules and regulations ofthis Chapter. Figure 10.5 Downtown Overlay District Boundaries 10.9.2Map Amendments.No change in the boundary of the Downtown Overlay District shall be authorized, except by the Owasso City Councilpursuant to the procedures outlined in this Code. 10.10Uses in the Downtown Overlay District. 10.10.1Permitted Uses.The base zoning districts of properties fully or partially within the Downtown Overlay District shall not be affected except as noted in this Chapter. All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including Planned Unit Development(PUD) or Specific Use Permit (SUP)stipulation, unless otherwise noted in this Chapter. Any by right use or those uses allowedwith a Specific Use Permit (SUP)shall be permitted inthe Downtown Overlay District, unless otherwise restricted in this Chapter. All uses City of Owasso Zoning Code, Adopted via Ord. 124961 shall be defined by the most recent version of the North American Industry Classification System (NAICS) book. 10.10.2 Restricted Uses. In the AG (Agriculture) district, only existing agricultural uses shall be permitted to continue and be subject to all applicable standards and regulations. No Specific Use Permits (SUPs) shall be issued for any land zoned AG (Agriculture) and no new agriculture uses or businesses shall be allowed. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of an SUP, except for those listed below. All uses shall be defined by the most recent version of the North American Industry Classification System (NAICS) book. 10.10.3 Encouraged Uses. The following uses are encouraged in the Downtown Overlay District, to also include all uses within the Downtown Mixed (DM) zoning district: Table 10.3 Uses Encouraged in the Downtown Overlay District Antique Store Art Gallery Arts & Crafts Studio Bakery/Artisan Foods Book Store Boutique Café & Sidewalk Café Coffee Shop Entertainment Venue Farmers Market Microbrewery Mixed-Use Development (Ground Floor Retail with Offices or Residential Above) Office Space Personal Services (Salon, Barber Shop, Florist, Health Store, etc.) Pub/Bar & Grill/Wine Bar Restaurant (Preferred Locally or Oklahoma-Owned Restaurant) Retail Use Small Corner Store with Basic Goods Small Theatre or Music-Venue Yoga/Fitness Studio 10.10.4 Prohibited Uses. The following uses are prohibited in the Downtown Overlay District: Table 10.4 Prohibited Uses in the Downtown Overlay District Agricultural Implement Sales Aircraft Sales Animal and Poultry Raising Any New Agricultural Use or Business Appliance Store and Repair Arena Auctioneer Auto Rental Auto Sales Auto Wash Bait Shop Bindery Boat and Recreational Vehicle Sales Bottled Gas Sales Cabinet Maker City of Owasso Zoning Code, Adopted via Ord. 1249 62 Table 10.4 Prohibited Uses in the Downtown Overlay District (Continued) Camper Sales Casino/Gaming Center Cemetery Cesspool Cleaning Chick Hatchery Concrete Construction Service Construction Equipment Sales Convenience Store Disinfecting Service Drag Strip Drive-In Theatre Exterminating Service Fairgrounds Fence Construction Company Fuel Oil Sales Gas Service Station Gas Station Go-Kart Track Golf Driving Range Halfway House Industrial Uses, except those located within the IH (Industrial Heavy) Legacy and IM (Industrial Moderate) Zoning Districts Janitorial Service Juvenile Delinquency Center Kennel (As Primary Use) Landfill Lumber Yard Mini-Storage Warehouse (As Primary Use) Monument Sales Motor Vehicle Repair and Tire Shop Motorcycle Sales Oil Well Drilling and Cleaning Establishment Outdoor Kennel (Not a Part of Veterinary or Grooming Business) Outdoor Recreation (Including Amusement Park) Outdoor Storage of Any Kind as the Principal Use Plastic Material Sales Portable Building Sales Portable Storage Power Plant Pre-Release Center Race Track (Animal or Vehicle) Sexually-Oriented Business Shooting Range (Outdoor) Taxidermist Truck Rental Truck Stop Vending Sales and Service Woodworking Shop Wrecker Yard 10.10.5 Existing Uses. a. Single-Family Residential. The Downtown Overlay shall not affect existing single- family residential uses. Said uses may continue to exist in perpetuity until such time as they are redeveloped or rezoned for another use. City of Owasso Zoning Code, Adopted via Ord. 1249 63 b. Previously Approved Projects or Development. Any project or development that has approved development plans or had plans submitted and under review prior to the effective date of this Code shall not be required to comply with these regulations. Previous approvals remain valid unless the approval date lapses or changes are made to previous approvals. This shall refer to Site Plans, building plans, Planned Unit Developments (PUDs), or Specific Use Permits (SUPs) submitted prior to the effective date of this Chapter. Said project shall still be required to comply with the zoning regulations in effect at that time. An approved plat shall not constitute approval of a project. The Community Development Director or their designee shall determine if a project meets these criteria. 10.11 Requirements in the Downtown Overlay District. 10.11.1 Landscape Requirements. Whenever possible, development and redevelopment in the Downtown Overlay District shall comply with Owasso Zoning Code. Smaller and unique developments shall provide a Landscape Plan that shall be approved by the Community Development Director or their designee. 10.11.2 General Requirements. All development in the Downtown Overlay District shall follow procedures and requirements described in , except as noted in this Chapter. Architectural details and/or drawings shall be submitted to the Community Development Department at the time of Site Plan submittal. Architectural plans shall depict architectural details outlined in this Chapter and consist of: a. Preliminary renderings or drawings of building elevations plus typical cross- sections to clearly define the character of the project and to ensure these provisions are met; and b. Clearly described exterior building materials to indicate compliance with this Chapter. The Community Development Director or their designee shall review the proposed building materials for compliance. 10.12 Building and Site Design Standards in the Downtown Overlay District. 10.12.1 Building Entrance. All public building entrances in the Downtown Overlay District shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are discouraged. Awnings are encouraged. Awning standards include: a. Awnings for a building façade shall be of compatible color, look, shape, and height; b. Canvas or acrylic materials are encouraged. Aluminum, wood, or plastic awnings are prohibited; c. The store name may be painted on the awning (subject to review and approval by the Community Development Director or their designee); d. Awning hardware shall not be visible; e. Awnings shall provide vertical clearance of no less than eight (8) feet above sidewalks; and f. Awnings are not allowed to hang over vehicular traffic ways. City of Owasso Zoning Code, Adopted via Ord. 1249 64 10.12.2 Parking. Parking in the Downtown Overlay District shall be designed in accordance with the Zoning Code, except as otherwise permitted for in this Chapter. Residential developments shall provide at least one (1) parking space per dwelling unit. Non-residential developments shall not have minimum parking requirements in the Downtown Overlay. The Community Development Director or their designee may waive or alter parking requirements on a case-by-case basis. Public parking is strongly encouraged with any new developments and can be counted towards parking requirements. Developers shall work with the City to review and design public parking arrangements in compliance with the Chapter titled . If on-street parking is present or permitted on adjacent streets, said parking spaces may be considered to meet or augment parking requirements. An inventory of such spaces shall be made and reviewed against the parking needs of other businesses in the vicinity. Off street parking areas in the Downtown Overlay District are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. Properties along Main Street shall be required to build along the front property line. Loading areas shall be located behind the main building and screened in accordance with the Chapter titled Landscaping, Screening, and Fencing Requirements in the Owasso Zoning Code. All parking lots, drives, aisles, and other elements shall comply with the Chapter titled Off-Street Parking Requirements in the Owasso Zoning Code. 10.12.3 Building Setback. It is the intent of this Chapter to enhance and preserve the character of the Downtown Overlay District by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street. Therefore, building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shall not be required, so long as buildings meet all Building Codes and fire rating standards. 10.12.4 Outdoor Space. Outdoor seating areas, fountains, plazas, courtyards, and other elements are encouraged to create a unique, interesting, and walkable Downtown Owasso Area. 10.12.5 Sidewalks. All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks set forth in City of Owasso Engineering Standards. 10.12.6 Exterior Materials. Exterior building materials shall include brick, glass, split-faced concrete block, stone, stucco, synthetic stucco, cement-board, or wood siding. Metal may be used only as accent material and cumulatively may not exceed ten (10) percent of the area of any individual exterior wall along any public street. Pre- fabricated or engineered metal buildings are not allowed, though metal can be used as a construction material if covered with one of the allowed materials. These provisions shall not apply to roofs. 10.12.7 Roof Pitch. Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Roofs and screening shall comply with the regulations set forth in the Chapter titled Landscaping, Screening, and Fencing Requirements in the Owasso Zoning Code. Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. City of Owasso Zoning Code, Adopted via Ord. 1249 65 Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low-reflectivity metal (flat or matte finish). No roof shall cause water to drain or flow directly onto any public way or sidewalk. Rainwater shall be collected and piped into storm drain systems or cisterns. Bio-swales, rain gardens, or other low- impact design (LID) techniques are highly encouraged. 10.12.8 Mechanical Equipment (HVAC). HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with the Chapter titled Landscaping, Screening, and Fencing Requirements in the Owasso Zoning Code. Utility meters, aboveground tanks, satellite dishes, and antennas shall also be screened from view. Wall-mounted mechanical equipment that extends six (6) inches or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the Owasso City Council, all electrical and telephone lines and wires, including but not limited to street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. adopted Technical Standards and Specifications. All utility service lines shall be located underground when feasible. This shall not apply to existing uses or single-family homes. 10.12.9 Wall Articulation. Façades in the Downtown Overlay District shall have a recognizable "base" consisting of, but not limited to: a. Walls; b. Ledges; c. Sills; d. Integrally textured materials (such as stone or other masonry); e. Integrally colored and patterned materials; or f. Planters. Façconsisting of but not limited to: a. Cornice treatments with integrally textured materials (other than colored "stripes" or "bands"); b. Sloping roofs (with overhangs and brackets); or c. Stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front façade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding twenty-five (25) feet in length shall incorporate one (1) or more of the following features at least every twenty-five (25) feet in length (see Figure 10.6): a. Changes in color, graphical patterning, changes in texture, or changes in material; b. Projections, recesses, and reveals; c. Expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve (12) inches; d. Windows and fenestration; e. Gable projections; f. Horizontal/vertical breaks; or City of Owasso Zoning Code, Adopted via Ord. 1249 66 g.Other similar techniques. Figure 10.6 Wall Articulation in the Downtown Overlay District 10.12.10Signage.Signs shall be permitted in accordance with the Chapter titledSignsin the Owasso Zoning Code, with the following exceptions: a.Pole signs are not allowedin the Downtown Overlay District; b.Signs are encouraged to be attached to buildings and located on the face of buildings; c.All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s); d.For signage not attached to a building, maximum height shall be six (6) feet and maximum area shall be fifty (50) square feet; e.Full video message boards and signs are prohibited within the Downtown Overlay District; f.Larger and multi-tenant developments shall be allowed to use the Unified Sign Permit (USP) process and are encouraged to do so; g.Signage overhanging the public sidewalk shall be allowed where building faces are adjacent to property lines, to include awning signage. All such structures must be suspended from the building and not resting upon the sidewalk.Signs shall be at least eight (8) feet above the sidewalk, and fifteen (15) feet above a drive or alley, and shall require a Sign Permit (see Figure 10.7). Such signage shall follow the dimensional requirements for wall signage seen in City of Owasso Zoning Code, Adopted via Ord. 124967 h.Sandwich board signs, also known as a-frame signs, are allowed only on the sidewalk in front of the business in the Downtown Overlay District during business hoursand do not require a Permit.They are allowed on public sidewalks and right-of-way, but must allow for a clear path of travel at all times, shall not interrupt pedestrian activity, and shall meet all ADA requirements. Figure 10.7 Overhanging Signs 10.12.11Building Orientation.All primary buildings on lots or tracts with frontage on streets in th the Downtown Overlay District, especially Main Street and E 76St N are encouraged to be oriented towards the street. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent façades, constructed of equally high-quality materials, facing both the primary street and the secondary street. All buildings are encouraged to be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. 10.12.12Commercial Drive-Through Lanes.Drive-thru facilities are discouraged in the Downtown Overlay District. If drive-thru facilities are constructed as a part of the principal use, they shall be architecturally integrated with the main building. 10.12.13Screening of Refuse Collection and Loading Areas.Refuse collection areasin the Downtown Overlay Districtshall be screened in accordance with the Chapter titled Landscaping, Screening, and Fencingin the Owasso Zoning Code.In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non-enclosed service, storage, and off-street loading areas shall be screened with opaque sight-obscuring walls and/or fences that are made of durable materials and are between six (6) feetand eight (8) feetin height. Screening materials shall be the same as or of equal quality to the materials used for the primary building and landscaping. 10.12.14Mixed-Use Developments.Buildings in the Downtown Overlay District are strongly encouraged to contain ground floor retail or restaurant spaces. Multi-story buildings with a mix of uses like office, retail/commercial, and residentialare strongly encouraged. Residential uses above commercial spaces are encouraged and shall be allowed by right in this district, with no restriction on number of dwelling units or density,subject to meeting adopted Fire Code and Building Code requirements. 10.12.15Sidewalk Utilization.Sidewalk cafes and room for sidewalk retail sales outside of businesses is encouragedin the Downtown Overlay District. A minimum of six (6) feet of public travel path shall be maintained at all times,and sidewalk business shall not impede this travel area at any time.Businesses shall be required to carry insurance for City of Owasso Zoning Code, Adopted via Ord. 124968 sidewalk space that holds the City of Owasso harmless and submit Site Plans for outside activity to the City for approval. 10.12.16 Residential Development. Residential redevelopment is encouraged, including multi- family, townhome, triplex, and duplex development. One (1) and two (2) family residential developments shall be allowed on any lot. Individual multi-family developments in excess of six (6) units shall proceed through the rezoning and Planned Unit Development (PUD) process in accordance with the Owasso Zoning Code. For multi-family developments of six (6) units or less, the project shall only be required to rezone to the appropriate district (unless already zoned commercial) and proceed through the Site Plan review process. All additional standards within this Code shall be met. 10.12.17 Stormwater Detention. Stormwater detention shall only be required on new development that increases the impervious area. All detention requirements shall be determined by the Owasso Public Works Department. These requirements shall not be applicable to residential dwellings up to six (6) units. 10.12.18 Floor Area Ratio (FAR). There shall be no Floor Area Ratio (FAR) requirements in the Downtown Overlay District. 10.12.19 Building Height. All buildings, with the exception of accessory structures, regardless of use or base zoning in the Downtown Overlay District must be or appear to be at least two (2) stories or more in height unless site conditions do not allow or approval from the Community Development Director or their designee is obtained. 10.12.20 Amenities. Smaller multi-family developments shall not be required to meet the amenity requirements established in the Chapter titled Planned Unit Developments in the Owasso Zoning Code. Amenities should be placed internally when possible in larger multi-family developments (workout room, rec room, pool area, etc.) unless said amenities are made available to the public. Commercial developments are encouraged to provide public amenities whenever possible (benches, fountains, play areas, plaza areas, etc.) 10.12.21 Excess Right-of-Way (ROW). When development occurs along public rights-of-way that have excess right-of-way (example: non-right-of-way width), closing of the public right-of-way shall be encouraged where possible. An alternative is to provide public parking stalls in these areas. Closing of right-of-way shall be subject to approval of the Owasso City Council, per the adopted Owasso Subdivision Regulations and relevant State Statute. 10.12.22 Temporary Use Permits (TUPs). TUPs are allowed to be granted within the Downtown Overlay District, with the exception of any residential single-family (RS) zoning districts. TUPs shall conform to the approval process and regulations set forth in the Chapters Owasso Zoning Code. 10.12.23 Accessory Structures. Accessory structures shall be allowed within the Downtown Overlay District, provided that said structures meet all requirements of the base Zoning in the Owasso Zoning Code. 10.12.24 Administrative Review. Unless cited within this Chapter or another Section of the Owasso Zoning Code, review of these guidelines shall be performed at the administrative level. The Community Development Director or their designee may approve variations to the regulations set forth in this Chapter or alternate treatments, so long as the intent of the Code is met. City of Owasso Zoning Code, Adopted via Ord. 1249 69 CHAPTER 11 SITE DESIGN STANDARDS 11.1 Purpose. The purpose of this Chapter is to provide standards that will ensure properties are developed in safe, attractive, and orderly fashion subject to the following: a. Provide and maintain an orderly system of property development; b. Ensure that development complies with the adopted Land Use Master Plan; c. Ensure that development protects the health, safety, and welfare of Owasso citizens and visitors; d. and low impact design opportunities; and e. Ensure access is provided to developments in a safe and efficient manner. 11.1.1 Exclusions for Developed Industrial Parks. It is recognized that certain requirements of this Code may be too onerous for building in developed industrial parks. Consequently, the Community Development Director or their designee may approve modifications or variances to this Code to accommodate applicants building in a developed industrial park. 11.2 Platting Required. All proposed developments shall follow the procedures outlined in the adopted Owasso Subdivision Regulations. 11.3 Site Plan Required. A Site Plan shall be required for all new developments in all zoning districts, with the exception of new developments of one (1) single-family or two-family residence on a legal lot of record. A Site Plan shall also be required for expansions of existing buildings and/or structures that results in an increase in the existing floor area, or total floor area designated on the original Site Plan, by twenty-five percent (25%) or one-thousand (1,000) square feet, whichever is less. All Site Plans shall be prepared in conformity with and show the following: a. A binding margin of two (2) inches at the left side of the Site Plan and a margin of not less than one (1) inch at the right side; b. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire development; c. All drawings shall be drawn to scale (minimum d. Date of preparation of the Site Plan, north arrow, and bar scale (written and graphic presentation); e. Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated; f. Location and size of existing water, sanitary sewer, stormwater systems, natural gas, telephone, cable, electric, and any other utility adjacent to or proposed to serve the site; g. Location and dimensions of required building setbacks, landscape setbacks, and/or easements; h. Zoning (include Planned Unit Development (PUD) if applicable) and land uses of the subject property and adjacent properties; i. Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths; City of Owasso Zoning Code, Adopted via Ord. 1249 70 j. Location and dimension of all existing and proposed curb lines, driveways, and neighboring street intersections within one hundred and fifty (150) feet of project; k. Proposed stormwater detention facilities and structures; l. Outdoor Lighting Plan (included on the Site Plan or on as a separate sheet, if necessary) with the following: 1. Locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation/footing, and other devices, including but not limited to manufacturers or electric utility catalog specification sheets. There should also be a table included on the plan that indicates the fixture classification (i.e. cutoff fixture, wall pack, flood light, etc.); and 2. For projects that adjoin a residential district or that will impact nearby residential developments, a Photometric Plan (a point-by-point foot- candle array in a printout format indicating the location and aiming of illuminating devices) is required. The Community Development Director or their designee shall determine if a Photometric Plan or lighting plan be required for any development; m. Existing and proposed right-of-way and easements; n. Parcel/lot dimensions (tie to street monument); o. Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/ driveways); p. Existing and proposed driveway locations and widths; q. Raised islands, existing and proposed traffic signals, and other traffic control devices; r. For projects abutting US-169, show the location of the white vinyl fencing if there is none along that section of frontage. White vinyl fencing is required in areas where none exists. The Owasso Public Works Department has a standard fence detail that shall be utilized for all required fencing. s. Pedestrian walkways or sidewalks (including ADA ramps) where required; t. Location and length of queuing areas for drive-through service areas; u. Location of proposed retaining walls (include detail and cross-section); v. Show and label screening/buffering from adjacent residential uses (see the Chapter titled Landscaping, Screening, and Fencing in the Owasso Zoning Code); w. Location, height, and material of fences; x. Location of any outdoor display areas for seasonal merchandise (if applicable); y. Location of any outdoor storage areas (if applicable); z. Show all sight triangles in accordance with the Section titled Triangles in this Chapter; aa. Location, height, and material of fences (see the Chapter titled Landscaping, Screening, and Fencing in the Owasso Zoning Code); City of Owasso Zoning Code, Adopted via Ord. 1249 71 bb. Location, height, size, and type of any proposed ground sign (signs are approved by separate Permit); cc. Show all phases of development for each lot/Site Plan (if applicable); dd. Building architectural elevations that indicate materials; ee. Locations of any proposed outdoor speakers; ff. Location, design, and architectural detail of dumpster enclosure (with materials that match or complement the main structure); and gg. A narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc.) 11.3.1 Existing and Proposed Buildings. Site Plans must show the following information regarding all existing and proposed buildings and structures: a. Location; b. Dimension and square footage; c. Building height; d. Proposed building finished floor elevation (FFE); e. Dimension building(s) to property lines and distances between buildings; f. Label each building with the proposed use (including storage structures, temporary or permanent); and g. Address of the building(s) (if new construction, the City will provide the address). 11.3.2 Existing Streets. Site Plans must show the following information regarding existing streets adjacent to the development site: a. Right-of-way (as deemed necessary by the Public Works Director or their designee) and pavement widths; b. Existing, proposed, and anticipated street names and classifications; c. Existing and/or proposed access points; d. Acceleration and deceleration lanes (required on arterial streets); e. Traffic Island and other traffic control devices; and f. Proposed curb cuts, service drives, and drainage survey indicating that stormwater flow will not be adversely affected. 11.3.3 General Information. Site Plans must show a data table that shall include the following information: a. Site area (gross and net); b. Current and proposed zoning (note the Planned Unit Development (PUD) if applicable); c. Gross building area; d. Square foot and percent of impervious area (show calculation); and e. Parking required and provided (including ADA accessible). 11.3.4 Landscape Plan. Site Plans must show a Landscape Plan (submitted as a separate sheet) that shall include: a. Location of all plant material, special paving areas, or other features; City of Owasso Zoning Code, Adopted via Ord. 1249 72 b. Plant schedule keyed to the Landscape Plan showing quantities, common and scientific names, size of the plant material (i.e. container size or trunk caliper for trees), and any special notes; c. Planting details and details for any special site features (i.e. arbors, patios, columns, etc.); d. A note indicating that the owner is responsible for the survival of all plant material and will replace any dead plant material; and e. 11.3.5 Site Plan Review and Action. All Site Plan document(s) shall be submitted to the st Community Development Director, or their designee, no later than the first (1) business day of the month of the Technical Advisory Committee (TAC) meeting at which time the site plan document(s) will be reviewed. A fee for said submittal will be assessed pursuant to the official fee schedule adopted by the Owasso City Council. Upon receipt of the site plan document(s), the Community Director, or their designee, shall place the site plan review on the relevant TAC agenda. TAC shall review the site plan document(s) for compliance with the applicable regulations and requirements of the Owasso Zoning Code, furnishing any comments and/or questions regarding the site plan to the applicant party in a timely manner. The Community Director, or their designee, may, after a full TAC review of the site plan document(s), move to either: a. Approve the Site Plan document(s); b. Deny the Site Plan document(s); or c. Approve the Site Plan document(s) with conditions. Said conditions may not constitute an authorization to deviate from any applicable portion of this Code, except in the case where this Code provides for such administrative deviations by the Community Development Director or their designee. Said deviations are to be documented clearly on the approved site plan document(s). The Community Development Director, or their designee, may waive the TAC review requirement for requests that involve a minor change to previously-approved site plan document(s). The approved site plan document(s) do not supersede the requirements of this Code. The exclusion of a design characteristic or notation as required by this Code on the approved site plan document(s) does not constitute an approval to ignore and/or waive the applicable requirement or regulation in this Code. 11.4 Site Access and Circulation Requirements. The purpose and intent of this Section is to provide an orderly and consistent means of establishing vehicular and pedestrian access and circulation throughout the City. It is recognized that each developing property is unique and as such access controls may vary. Factors such as lot width, shape, or nature of the use will dictate appropriate access control measures. 11.4.1 Street Access. No use shall be permitted to take direct access to a public right-of-way except as permitted in this Section and within the adopted City of Owasso Subdivision Regulations. Access shall only be allowed where plats show access being allowed, or as outlined in this Section if the subdivision plat governing the property does not delimitate Limits of Access. In some cases, full access shall not be allowed. In these cases, a right-in/right-out arrangement may be more appropriate. The Community Development Director and/or Public Works Director or their designee shall determine if full access to any street shall be allowed or more limited access shall be designed. City of Owasso Zoning Code, Adopted via Ord. 1249 73 11.4.2 Local Streets.All residential uses other than multi-family may take direct access to local streets. Non-residential uses and multi-family developments shall take direct access to an arterial or, in some cases, a collector street. Lesser street classification access by non-residential uses is only appropriate for meeting minimum health, safety, and welfare requirements or when there is no additional opportunity for accessibility. The Community Development Director and/or Public Works Director or their designee shall determine if access to any street shall be allowed or alternative access shall be provided. 11.4.3Collector and Arterial Streets.When a multi-family use or other non-residential use takes access to an arterial or collector street, the point of access shall be directly across from an existing point of access, or spaced at least one hundred fifty (150) feet from any intersecting street or other point of access to the arterial, or spaced as determined by the Community Development Director and/or Public Works Director or their designee (See Figure 11.1). Figure 11.1 Driveway Spacing 11.4.4Driveway Connections to Adjacent Development.Driveway connections to adjacent non-residential development shall be provided and clearly identified on any submitted Site Plan. Mutual-access easements may be required by separate instrument if not platted. All driveway connections shown on a Site Planshall be constructed and stubbedif development has not yet occurred on adjacent lots or previous development does not provide mutual access. Future development of adjacent property shall complete a connection to any existing stubstreet. Individual driveway access points within residential subdivisions shall be located at least twenty-five (25) feet from any adjacent subdivision entrance. Driveway/drive approach spacing shall be measured from back of curb or edge of pavement to the center line of the proposed driveway/drive approach. The Community Development Director or their designeemay waive the requirement for a driveway connection in those cases where unusual topography or site conditions would render such an easement of no useable benefit to adjoining properties or unsafe conditions are present. City of Owasso Zoning Code, Adopted via Ord. 124974 The Community Development Director or their designeemay approve the closure of driveway access in those cases where adjoining parcels are subsequently developed with a residential use or in a manner inappropriate to the connection. 11.4.5Mutual Access Driveways.For developing multi-family, office, commercial, and industrial lots that have a common boundary, a mutual access driveway shall be established between the properties for the purposes of consolidating driveways and avoiding multiple curb cuts on arterial streets. The Community Development Director or their designee may waive the requirement for said cases where unusual topography or site conditions would render such an easement of no useable benefit to adjoining properties or create a safety concern (see Figure 11.2). Figure 11.2 Mutual Access Driveways 11.4.6Width of Access.The width of access driveways or drive approaches shall be determined by the authority having jurisdiction over the roadway from which access is being taken. However, in no case shall an individual driveway or drive approach width be greater than thirty-five (35) feet. Driveways with center medians shall have a fifteen (15) foot ingress and a twenty-two (22) foot maximum egress width. Medians shall not extend into the right-of-way (see Figure 11.3). Figure 11.3 Width of Access City of Owasso Zoning Code, Adopted via Ord. 124975 11.4.7Spacing from Intersections.All points of access shall be separated from public right- of-way and private access intersections according to Table 11.1 below, unless site dimensions prohibit such spacing. Separation requirements are based on the classification of the street on which the access will be derived. The classification of a street shall be determined by the Public Works Director and/or Community Development Director, or their designee, Table 11.1 Spacing from Intersections Street ClassificationMinimum Distance from Corner Local150 Feet* Collector150 Feet* Arterial300 Feet* *The Community Development Director and/or Public Works Director or their designee shall determine if site conditions warrant additional separation of drives from intersections or if a reduction in distance is warranted. Driveway/drive approach spacing shall be measured from back of curb or edge of pavement to the center line of the proposed driveway/drive approach. Figure 11.4 illustrates the measurement for driveway placement. Figure 11.4 Spacing of Intersections and Points of Access 11.4.8Emergency Access Drives.Emergency access drives shall be designed to meet the most recently adopted International Fire Code. Emergency access shall be on an all- weather surface and provided as per the most recently adoptedInternationalFire Code. 11.4.9Street Improvements.Where a site is to be occupied by a multi-family or non- residential use, the developer shall improve any abutting public right-of-way up to the center-line of the road according to City standards or as required by the Public Works Director or their designee. 11.4.10SightTriangles. 11.4.10.1Arterial Street Intersections.No obstruction greater than two (2) feet above the street surface shall be located within a sighttriangle. A sight triangle isformed at the intersection of two (2) streets by two (2) curb lines or edgesof the streetsand extending for a distance of twenty-five (25) feet each way and then a distance of City of Owasso Zoning Code, Adopted via Ord. 124976 ten (10) feet by seventy (70) feet each way from the point of intersection of the curb lines or the edge of the street (see Figure 11.6). 11.4.10.2Collector or Local Street Intersections.No obstruction greater than two (2) feet above the street surface shall be located within a sighttrianglethat isformed at the intersection of two (2) streets by two (2) curb lines or edges of the streetsand extending for a distance of twenty-five (25) feet each way from point of intersection of the curb lines or edge of the street (see Figure 11.5). Figure 11.5 Sight Triangles 11.4.10.3Objects within Sight Triangles.Objects within sight triangles must be restricted to give the users of the street or driveway an unobstructed view of oncoming vehicles and pedestrians.No structures, berms, vegetation, or other visual obstruction with a height equal to or greater than two (2) feet above the street surface elevation is allowed within asight triangle, except for the following: a.Public utility poles; b.Official warning signs or signals; or c.Other signs that conform to this Code, are mounted at a height equal to or greater than ten (10) feet above the street surface, and have supports that do not obscure the view of oncoming vehicles and pedestrians. 11.4.11Sidewalk Improvements.Sidewalks shall be provided along all streetsin accordance with City of Owasso design standards and specifications. All Site Plans shall show the location of proposed or existing sidewalks. No Certificate of Occupancy (C/O) shall be approved until all sidewalks have been installed. The Community Development Director or Public Works Director or their designees may permit exceptions from the sidewalk construction requirement under the following circumstances: a.Sidewalk construction may be delayed on those portions of large commercial developments that are not being built upon, until such time as a Building Permit is issued for the site; b.Where extraordinary topographical or physical conditions exist that would result in exceptional practical difficulties or undue hardships upon the owner, an exception from or modification to the sidewalk requirements may be granted; c.Within an industrial district where there is no established sidewalk pattern, sidewalks shall not be required. However, sidewalks shall be constructed adjacent to a section line and/or arterial road; and City of Owasso Zoning Code, Adopted via Ord. 124977 d.Sidewalks may be escrowed in certain situations where adjacent road widening projects are imminent. Escrowed sidewalks are approved on a case- by-case basis, and the price per linear foot shall be determined by the Owasso Public Works Department. 11.5BuildingArchitecture Design Standards. This Section is intended to promote high standards in architectural design and creative, innovative, aesthetically pleasing structures. Building design determines much of the image and attractiveness of the streetscapes and character of the community. Massive, duplicative, or generic projects that do not contribute to, or integrate with, the community in a positive manner can be detrimental to a community's image and sense of place. goal is to create and maintain a positive ambiance and community image and identity by providing for building design treatments that shall enhance the visual appearance of applicable development, improve the quality of life in the City, and maintain high property values. The provisions of this Section shall apply to all development, renovation, or redevelopment of all multi-family and non-residential structures. 11.5.1Metal Buildings. The following metal building requirements may be modified with approval from the Community Development Director or their designee if alternative architectural treatments are appropriate. The Community Development Director or their designee may grant the allowance of additional metal in the determination that 11.5.1.1Front Façade.Any side of a building facing a public right-of-way shall be considered a front façade. The front façade of buildings within a multi-family, public facility, commercial or office districtor those within a residential district approved with a Specific Use Permit (SUP)may only contain a maximum area of twenty(20) percent metal. For buildings in industrial districtsmetal may comprise a maximum of one-third (1/3) of the total front façade. 11.5.1.2Sides.For buildings within multi-family, public facility, commercial, industrialor office districts or those within a residential district approved with a Specific Use Permit (SUP), the sides of thebuilding shall be at least twenty-five(25) brick, glass, rock, wood, or material other than metalunless said side faces a public or private street or residential use (future or current). Then, only one-third (1/3) of that side may be metal (see Figure 11.6).In computing the area for each wall, the portion of the wall containing windows, window frames, doors,and signs shall not be considered a non-metal material. 11.5.1.3Rear.The rear façade of a building in a multi-family, public facility, commercial, industrial,or office district or those within a residential district approved with a Specific Use Permit (SUP)may be completely comprised of metal. However, if said Figure 11.6 Façade Coverage City of Owasso Zoning Code, Adopted via Ord. 124978 side faces a residential use (future or current), then it shall be at least twenty-five (25) percent brick, glass, rock, wood, or material other than metal. 11.5.1.4 Large Building Façade. Structures having single walls exceeding fifty (50) feet in length shall incorporate one or more of the following features at least every fifty (50) feet in length: a. Changes in color, graphical patterning, texture, or material; b. Projections, recesses, and reveals expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve (12) inches; c. Windows and fenestration; d. Gable projections; e. Horizontal or vertical breaks; or f. Other similar techniques. 11.5.2 Architectural Standards. 11.5.2.1 Roofs. Roof tops shall contribute to the unified appearance of each development and shall be designed considering the perspective from higher areas, ground level, other buildings, and roadways. In the event that any portion of any roof is visible to an observer standing on ground level at any place along the property lines of the subject property, no roofs of metal construction shall be permitted unless the roof is of a standing seam type of construction or a functional and architectural equivalent thereof. In the case where a structure is proposed adjacent to previously-existing pitched roofed structures, any new construction incorporating flat roof shall meet these standards to achieve compatibility with the surrounding area. 11.5.2.2 Entryways. Each applicable establishment shall have clearly defined and highly visible customer entrances featuring one (1) of the following: a. Canopies or porticos; b. Overhangs; c. Recesses or projections; d. Arcades; e. Raised corniced parapets over the door; f. Peaked roof forms; g. Arches; h. Outdoor patios; i. Display windows; j. Architectural details such as tile work and moldings which are integrated into the building structure and design; or k. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Where additional stores are located in the applicable establishment, each such store shall have at least one exterior customer entrance that shall conform to the above entryway requirements. City of Owasso Zoning Code, Adopted via Ord. 1249 79 11.5.3 Connectivity. The site design shall provide direct pedestrian and vehicular connections and safe street crossings to all adjacent uses. 11.5.4 Conversion from Residential to Non-Residential Use. 11.5.4.1 Applicability. The standards in this Subsection shall apply when a residential use is converted to a non-residential use, even in those cases where no additions, alterations, or modifications are made to the structure. 11.5.4.2 Miscellaneous Requirements. No structure designed for, intended for, or previously or presently used for residential purposes shall be used for or occupied by any non- residential use unless it is harmonious with the existing neighborhood and complies with the following: a. The site design requirements found in this Chapter; b. International Building Code; c. International Fire Code; d. National Electrical Code; and e. All other currently adopted and enforced City Codes. No commercial occupancy shall be permitted until Site Plan approval has been received. 11.5.4.3 Driveways. All driveways and drive approaches shall be constructed to non- residential standards. When a Site Plan is submitted to convert a dwelling to a non- residential use, the applicant shall locate the driveway/drive approach for use by one or more of the adjoining sites. Where this can be met, an interconnecting driveway easement shall be submitted by the applicant. 11.6 Sound Abatement. Special attention shall be given to any use that would or could create excessive noise, including, but not limited to, movie theatres, vet clinics, places of worship, auto repair shops, animal boarding, concert hall, and entertainment venues. Excessive noise can come in several forms, including, but not limited to, animal noise, music, machinery, or mechanical sounds. Any use that produces amplified music or excessive noise shall be required to provide sound attenuation measures. Construction materials that achieve sound baffling or sound absorption shall be required for any project creating excessive noise. The proposed engineered materials shall be approved by the Community Development Director or their designee. Any outdoor speakers shall be subject to approval by the Community Development Director or their designee. All other applicable adopted Ordinances and Codes governing noise within the City shall also apply. 11.7 Non-Residential Accessory Uses and Structures. 11.7.1 Purpose. The purpose of this Section is to regulate the placement and maintenance of structures and/or uses that are accessory to the principal use on the property upon which they are located, within all non-residential zoning districts. For regulations regarding accessory structures and/or uses in residential districts, refer to the Section apter titled a. Unless otherwise stated, accessory uses and/or structures are subject to the same regulations as the principal use, as well as the regulations in the district where the principal use is located; b. The accessory use and/or shall be subordinate to and serve the principal use or principal structure; City of Owasso Zoning Code, Adopted via Ord. 1249 80 c. An accessory structure shall comply with the requirements applicable to the principal structure; d. The accessory use and/or structure shall contribute to the comfort, convenience, or necessity of occupants of the principal use served; e. When applicable, the accessory use and/or structure shall meet the standards of this Section; and f. All accessory uses shall be contained within the principal structure unless clearly defined on an approved Site Plan; 11.7.2 Additional Site Plan Required. Accessory structures not part of an approved Site Plan for the principal use on the property that are greater than one thousand (1000) square feet in size shall be approved with a Specific Use Permit (SUP) and evaluated against the criteria outlined in this Section. Accessory structures not part of an approved Site Plan that are one thousand (1000) square feet or less in size shall be reviewed and -Residential Commercial Accessory Structures Standards and Review Criteria 11.7.3 General Dimensional and Placement Standards. No accessory structure shall be constructed, placed, or maintained on any public utility, drainage, or roadway easement. Permanent accessory structures must meet the relevant bulk and area requirements of the base zoning district in which it is located and may not be located within any utility easements of rights-of-way. Mobile, moveable, or non-permanent accessory structures may be placed within a rear or side yard and/or utility easement, but shall maintain a distance of five (5) feet from all property lines. 11.7.4 Non-Residential Accessory Structures Standards and Review Criteria. Non-Residential accessory structures shall meet the following requirements: a. A Site Plan shall be submitted indicating the location, size, and height of the structure. The Community Development Director or their designee shall have the responsibility of approving the use or structure; b. Architectural drawings shall be submitted for review; c. For structures in excess of one hundred (100) square feet, materials and color shall complement the main structure(s) on the property; d. All exposed cooling units, compressors, machinery, etc. (including rooftop units) shall be screened on all four (4) sides; e. Structures shall be placed behind the front setback; f. Any water discharged from the operation of condensing or similar units shall not drain into parking areas or sidewalks. Said discharge must drain into a grass or landscaped area or in a storm drain; g. No petroleum waste or by-products shall be disposed of or discharged as part of the operation of the use. If said waste is discovered it shall be cleaned up, removed immediately, and disposed of properly. Repeated violations may result in the termination of the use on the property; h. Structures shall not block drive aisles, take up required parking, or create visibility issues for motorists or pedestrians; i. Structures which are solid and have four (4) or more walls/sides shall be screened on any side facing a public street. This can be accomplished with fencing, landscaping, or a combination of both; City of Owasso Zoning Code, Adopted via Ord. 1249 81 j. No additional signage shall be permitted in conjunction with the proposed use Owasso Zoning Code; k. All required Permits (e.g. Plumbing, Electrical) shall be obtained for the operation of the structure; and l. Recycle bins and donation bins (for clothing, toys, or other merchandise) shall be located within fifteen (15) feet of the principal structure and are prohibited in the front setback, and shall not take up any parking spaces. These uses should be placed in the utility or refuse area behind the principal structures. Donation bins shall not be placed without the express permission of the property owner. The Community Development Director or their designee shall review all accessory structures and uses not requiring Specific Use Permit (SUP) in the same manner in which a Site Plan for a principal use and/or structure is approved, as outlined in the Section Site Plan Review and Approval the Owasso Zoning Code. City of Owasso Zoning Code, Adopted via Ord. 1249 82 CHAPTER 12 PARKING REQUIREMENTS 12.1 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, as well as pedestrians and cyclists; b. Create a network of public and private streets, driveways, aisles, and parking lots that provide a safe means of travel within Owasso; c. and low impact design opportunities; and d. Augment, and ensure compliance with, existing regulations. 12.1.1 Parking Standards. The standards and diagrams provided within this Chapter are designed to create an ingress and egress system that provides Owasso citizens and visitors with a safe environment on public roads and in private parking areas. Any deviation from these requirements must be approved by the Community Development Director and the Public Works Director or their designees, or through a Variance or an appeal to the Owasso Board of Adjustment (BOA). Provided parking calculations found within Table 12.1 below are designed to provide a minimum number of parking stalls that will meet customer demand for certain types of uses as well as provide adequate parking for employees and other persons integral to operating those specific uses. All off-street parking lots and on-street parking shall be designed based upon the criteria listed in this Chapter. Any parking lots that are expanded or altered (excluding routine or regular maintenance) shall meet the requirements of this Chapter. Any expansion of any current business by more than twenty-five (25) percent shall trigger a requirement to meet the requirements set forth in this Chapter. All parking within the City of Owasso shall be on hard-surface. No parking on grass or yard areas shall be allowed within any residential, office, industrial, or commercially- zoned district. All parking for any use shall be provided on the same lot as the use, except in the case where on-street parking is allowed to be installed or in the presence of a shared parking arrangement. Off-site parking sharing arrangements shall be strongly encouraged when a parking lot is contiguous to the subject property. Evidence of a shared parking agreement shall be provided to the City of Owasso in the form of a binding legal document or other form as deemed satisfactory by the Community Development Director or their designee. There shall be no parking minimums enforced where shared parking is utilized. The regulations found within this Chapter are designed to be in accordance with and supplement the other Chapters of the Owasso Zoning Code. Wherever these regulations may be in conflict with other Chapters of the Owasso Zoning Code, the more restrictive shall apply. Failure to maintain 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 City of Owasso Zoning Code, Adopted via Ord. 1249 83 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. The Community Development Director or their designee may modify parking requirements if site conditions warrant. Table 12.1 - Parking Requirements by Type of Use Use Parking AGRICULTURAL Agricultural Implement Sales 1 space per 500 square feet of sales area ANIMAL RELATED Kennel 1 space per 750 square feet, plus 1 space per employee Veterinarian 1 space per 250 square feet of gross area EDUCATIONAL/CHILD CARE Child Care/Day Care 1 space per 400 square feet College/University/Junior College 1 space per 6 students Elementary School 2 spaces per classroom Extra School Stadium 1 space per 4 seats Fraternity or Sorority 1 space per bed within the building High School 5 spaces per classroom Library 1 space per 500 square feet Middle School 2 spaces per classroom Trade School 1 space per 2 students, plus 1 space per employee FINANCIAL Automatic Teller Machines Not required for drive-thru; 2 spaces required for walk-up Banks and Financial Institutions 1 space per 400 square feet FOOD/BEVERAGE Coffee Shop 1 space per 100 square feet of customer service area Ice Cream/Yogurt Shop 1 space per 100 square feet of customer service area Restaurant 1 space per 100 square feet, including outdoor areas Restaurant (Drive-In) 1 space per 100 square feet of dining area (indoor/outdoor) Restaurant (w/Drive-Thru) 1 space per 100 square feet, including outdoor areas Restaurant (Take-Out Only) 1 space per 100 square feet of customer service area Tavern/Bar/Nightclub 1 space per 100 gross square feet INDUSTRIAL Equipment Rental 1 space per 300 gross square feet Manufacturing 1 space per 750 square feet LODGING Bed and Breakfast 1 space per guestroom, plus 2 spaces for primary residence Boarding or Rooming Houses 1 space per bedroom, plus 2 spaces 1 space per 1.5 guest rooms, Hotel/Motel plus 1 space per 300 square feet of meeting/restaurant area, plus 1 space per employee of largest shift MEDICAL/CARE Assisted Living Facility 1 space per 3 beds, plus 1 space per employee of largest shift Funeral Home 1 space per 4 seats of assembly area Halfway Houses/Sober Living 1 space per 2 beds, plus 2 spaces 1.25 spaces per 2 beds, Hospital plus 1 space for each employee of largest shift Medical Office 1 space per 200 gross square feet Social Assistance 1 space per 250 square feet OFFICE Professional Office 1 space per 250 gross square feet Radio/TV Studio 1 space per 250 gross square feet Research and Development 1 space per 500 square feet OTHER City of Owasso Zoning Code, Adopted via Ord. 1249 84 Table 12.1 - Parking Requirements by Type of Use (Continued) Use Parking Airport 1 space per 100 square feet of waiting area RECREATION/ENTERTAINMENT Amusement 1 space per 600 square feet of site area Arcade/Game Room 1 space per 300 square feet 1 space per 3 persons at max capacity, Athletic/Recreation Facility (Indoor) plus 1 space per employee of largest shift Athletic/Recreation Facility (Outdoor) 1 space per 5 seats Auditorium/Arena 1 space per 5 seats Billiard Parlor 2 spaces per billiard table Bowling Alley 2 space per lane, plus 1 space per employee of largest shift Campground 1 space per campsite Community Center 1 space per 250 square feet Dance Hall 1 space per 100 gross square feet Day Use Area Minimum of 5 spaces 40 spaces per 9 holes, plus 1 space per 300 square feet of Golf Course clubhouse Golf Driving Range 1 space per tee, plus 1 space per 300 square feet of shop Mini Golf Course 2 spaces per hole Museum/Gallery 1 space per 400 square feet Skating Rink 1 space per 500 square feet Swimming Pool 1 space per 200 square feet of facility Theater 1 space per 3.5 seats RESIDENTIAL Mobile/Manufactured Home 2 off-street spaces (can include garage) Residential Duplex/Triplex 2 off-street spaces per unit (can include garage) Residential Single-Family 2 off-street spaces (can include garage) Residential Multifamily 2-Bedroom Unit 2 spaces per unit 3-Bedroom Unit 2.5 spaces per unit 4-Bedroom Unit and Above 0.75 spaces per bedroom Studio or 1-Bedroom Unit 1 space per unit RETAIL & PERSONAL SERVICES 1 space per 200 square feet, Convenience Stores plus 1 space adjacent to each gas pump Drug Store 1 space per 300 square feet Furniture Store 1 space per 500 square feet General Retail 1 space per 300 gross square feet Grocery Store 1 space per 250 gross square feet Gym/Workout Facility/Health Club 1 space per 200 square feet Hardware/Home Improvement Store 1 space per 250 gross square feet Liquor Store 1 space per 300 square feet Nursery/Greenhouse 1 space per 500 square feet Outdoor/Uncovered Retail 1 space per 500 square feet of sales area Personal Services 1 space per 200 square feet of gross area Wholesale Retail 1 space per 500 square feet of gross area UTILITY 1 space per 200 square feet of customer area, Utility Office plus 1 space per employee of largest shift VEHICLE Car/Vehicle Wash 2 spaces plus bays for each wash unit and 1 bay per vacuum 1 space per 300 square feet of office area, plus 1 space per Vehicle Rental rental car Vehicle Sales 1 space per 400 square feet gross area Vehicle Service/Repair 1 space per 300 square feet (repair bays shall not be counted) WAREHOUSE/PARCEL/FREIGHT Self-Storage/Mini-Storage 1 space per 300 square feet of office area City of Owasso Zoning Code, Adopted via Ord. 1249 85 Table 12.1 - Parking Requirements by Type of Use (Continued) Use Parking 1 space per 1500 square feet, plus 1 space per employee of Warehouse largest shift WORSHIP 1 space per 4 seat in assembly area, Place of Worship - Multi Use plus 1 space per 150 square feet in other areas Place of Worship - Single Use 1 space per 4 seats in assembly area 12.1.2 Duty to Provide and Maintain 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 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 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 off-street parking stalls shall be constructed of concrete or asphalt. 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 paving systems include but are not approved applications. All private parking lot surfaces shall be maintained in such a way as 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 replaced 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 their designee. 12.1.4 Striping. All parking spaces shall meet ADA requirements. Drive lanes, no-parking areas, and all other required components shall be clearly striped or delineated. All striping shall be clearly maintained and visible. If striping is faded or becomes removed, it shall be replaced in the exact layout as approved. Failure to meet these criteria shall be handled as a Zoning Code violation and shall be subject to enforcement. All required striping shall be yellow or white surface markings at least four (4) inches in width. One-way or two-way drives and required turning areas shall be identified with directional arrows. 12.2 Off-Street Parking Requirements. 12.2.1 General Provisions. If not otherwise specified within this Chapter, all parking calculations shall be based on gross square footage of the building or the use. Parking spaces for motor vehicles shall be provided in at least the amount shown in Table 12.1 above. If a classification is not specified within this Chapter, the Community Development Director or their designee shall calculate parking requirements for that use based upon 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. City of Owasso Zoning Code, Adopted via Ord. 1249 86 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 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 rack. A minimum of two (2) bicycle spaces shall be provided for all developments, regardless of use or zoning, excluding single- and two-family uses. 12.3 Design of Parking 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 all the off-street and on-street parking areas to service the proposed development; b. These plans must show location, arrangement, and dimensions of the off-street and on-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). 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 Engineering Design Criteria and Construction Standards, Owasso Subdivision Regulations, and all other applicable regulations found within this Code. Parking lots may encroach into required setbacks and utility easements provided that no vehicle is placed within a sight triangle or other area that may cause a public safety concern. Parking lots and parking stalls are encouraged to be designed to incorporate low- impact design (LID) principles are encouraged to be used as well. Parking minimums may be reduced by twenty-five (25) percent when LID principles are employed. All parking is required to be placed on paved surfaces. No parking in grass or yards shall be allowed. Overflow parking areas on dust-free surfaces 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. All parking infrastructure shall be designed in accordance with Table 12.2, and Figures 12.2 and 12.3 below. All drive aisles shall meet the standards set forth in Table 12.2 below. For all approvals not requiring Owasso City Council or Owasso Planning Commission approval, the Community Development Director or their designee shall be the City of Owasso Zoning Code, Adopted via Ord. 1249 87 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 decision shall be taken to the Owasso Board of Adjustment(BOA). 12.3.2Standard Parking Stall Design.All parking stallsin 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 standardscontained in Table 12.2 below. Table 12.2 Parking Space Design Criteria Aisle/StreetWidth Aisle/StreetWidth AngleWidth One-WayTwo-Way 90°9 feet24 feet24 feet 60°9 feet18 feet23 feet 45°9 feet13 feet22 feet 30°9 feet11 feet22 feet 0° (Parallel)8.5 feet12 feet24 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. 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. 12.3.3Compact 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: 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 strip or raised area with stamped concrete at least eight and a half (8.5) feet wide and three (3) feet deep at the front of each space; and c.Signage shall be provided for each compact spacestating 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 12.1below). Figure 12.1 Compact Parking Spaces City of Owasso Zoning Code, Adopted via Ord. 124988 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; 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 minimum 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 in 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 within designated loading areas behind the building. Active loading and unloading shall not be applicable. 12.3.6 Electric Vehicle Charging Stalls. Electric Vehicle (EV) chargers shall be allowed adjacent to all parking stalls, regardless of use or zoning district. EV changing spaces, to include spaces utilized to house associated EV charger infrastructure, shall be counted towards minimum parking requirements in a 2:1 ratio, where one (1) EV charging space counts as two (2) parking stalls. Any parking facility, lot, and/or structure containing one-hundred (100) or more parking stalls shall be required to provide electric vehicle charging systems on at least two (2) percent of said total stalls, rounded to the nearest whole number. - needed for future electric vehicle charging stations. Electric vehicle charging systems ode. 12.3.7 On-street Parking Design. On-street parking spaces shall be placed on a hard surface abutting or within the public right-of-way. On-street parking shall not prohibit, limit, or impede required emergency access as required by the Fire Marshal, nor shall on-street parking prohibit, limit, or impede the flow of general traffic within the public right-of- way, including pedestrian and multi-modal flow within adjacent sidewalks. City of Owasso Zoning Code, Adopted via Ord. 1249 89 On-street parking shall be designed and constructed in such a way that ensures compliance with the standards outlined in Table 12.2 (above), and Figures 12.2 and 12.3 (below). All on-street parking constructed within the public right-of-way shall be reviewed and approved by the Public Works Director and/or the Community Development Director or their designees prior to installation. Figure 12.2 Parallel Parking 24 24 9 City of Owasso Zoning Code, Adopted via Ord. 124990 Figure 12.3 Angled Parking 18 2113 211321 11 11 City of Owasso Zoning Code, Adopted via Ord. 124991 12.3.8 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. 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. All queuing lanes shall be clearly striped or shall be surrounded by curbing. 12.4 Americans with Disabilities Act (ADA) Compliance. All new parking lots and parking stalls shall be designed in accordance with ADA requirements. ADA requirements shall be set by the State of Oklahoma in adopted Building Codes. The required number of accessible parking spaces shall be provided and the spaces provided shall meet the accessible standards. All required ADA parking stalls shall be striped and shall be provided with signage in accordance with State Building Codes. Said parking stalls shall be maintained to meet these standards at all times. The number of required parking spaces shall be consistent with adopted State Building Code standards. 12.5 Residential Parking Design 12.5.1 General Provisions. In a residential district, no part of a front yard, side yard, or rear yard shall be used as a parking space for a motor vehicle, boat, trailer, or other vehicle except upon a hard-surfaced driveway or parking pad, except for trailers six (6) feet or less in length in rear or side yards. No parking in yards or in grass shall be allowed. All driveways and parking areas shall be fully paved, have driveway ribbons, or use permitted permeable materials as defined in this Chapter. Curb cuts for driveways shall be a minimum of ten (10) feet and a maximum of thirty- five (35) feet in width unless otherwise modified by the Public Works Director and/or the Community Development Director or their designee(s). All driveways or other improvements that require cutting or modifying a City sidewalk, curb, gutter, storm water conveyance system, or street shall require approval from the Public Works Director or their designee. All curb cuts or association modifications for all residential driveways shall follow City of Owasso Engineering Criteria and Design Standards. 12.5.2 Parking Pads. One (1) additional parking pad may be constructed on lots that have the required two (2) off-street paved 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 City of Owasso Zoning Code, Adopted via Ord. 1249 92 vegetation. Grass shall not be allowed to grow in the gravel area because it will appear that the vehicle is parking in the yard. All gravel shall be kept off sidewalks and out of public rights-of-way. 12.5.3Alternative Driveway Design (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 12.4). Access to the driveway shall 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. Figure 12.4 Driveway Ribbons City of Owasso Zoning Code, Adopted via Ord. 124993 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 Structures and Land. 13.2.1 Non-Conforming Uses of Land. When at the effective date of this Code or amendment thereto, there 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. The non-conforming use may be continued provided: a. No such non-conforming use shall be changed to another non-conforming use, nor enlarged or increased in either size or amount of non-conforming uses, nor extended to occupy a greater area of land than was occupied at the effective date of this Code or amendment thereof, unless a Special Exception is granted by the Owasso Board of Adjustment to allow for such an expansion; 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 such use at the effective date of this Code or amendment thereof; c. No additional structure (other than fences) shall be erected in connection with such non-conforming use of land; and d. If any such non-conforming use of land ceases for any reason for a period of more than twelve (12) consecutive months or for twelve (12) months during any eighteen (18) month period (except when government action impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located. 13.2.2 Non-Conforming Uses of Structures or Structures 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 principal building and land, or use of land and accessory structures, such structures covering more than ten (10) percent of the lot area, and such use would not be permitted by the terms of this Code or amendment thereto, such use shall be deemed non-conforming and may be continued subject to the following provisions: a. No building devoted to a non-conforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is 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; City of Owasso Zoning Code, Adopted via Ord. 1249 94 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 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; f. Should the structure containing a non-conforming use be damaged or partially destroyed to the extent of more than fifty (50) percent but less than seventy- five (75) percent of its current replacement cost at the time of damage, the restoration of the structure shall be subject to the Owasso Board of Adjustment findings, after adherence to the procedural requirements for a Special Exception, that the contemplated restoration is necessary for the continuance of the non-conforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the structure containing a non-conforming use be damaged or destroyed to the extent of more than seventy-five (75) percent of its replacement cost at the time of damage, the non-conforming use shall not thereafter continue or be resumed. 13.2.3 Specific Use Permits and Special Exceptions. Any specific use permits approved by City Council or special exception requests approved by the Board of Adjustment prior to the effective date of this Code that allows the primary or accessory use to be permitted within its zoning district at the time of this Code shall remain applicable. The approved use must remain the same as its approved in size and location unless it is brought back through the process in which it was initially approved by either City Council or Board of Adjustment. 13.2.4 Non-Conforming Uses within US-169 Overlay District. Existing but non-conforming properties, which existed as of the date these regulations became effective, shall be allowed to continue in the same manner after the adoption of these regulations. However, such non-conforming properties shall be subject to these regulations if feasible when: a. A property is annexed into the City; b. A property owner requests any zoning change; c. The principle use on the property is discontinued for a period of six (6) calendar months; d. The property is destroyed or significantly altered by sixty (60) percent or greater; or e. Enlargements or improvements are made to the property that increases the gross square footage by twenty-five (25) percent. When any change as identified above occurs, the property owner must demonstrate that the change to the property shall not significantly impair the safe and efficient flow of traffic within the subject area. The Community Development Director or their designee may require the property owner to provide a site-specific traffic study to determine the potential impacts of the proposed changes as part of the site development plan. 13.2.5 Non-Conforming Uses within Downtown Overlay District. Non-conforming properties and/or uses, which existed as of the date these regulations became effective, shall be allowed to continue in the same manner after the effective date of this Chapter. City of Owasso Zoning Code, Adopted via Ord. 1249 95 However, such non-conforming properties and/or uses shall be subject to these regulations if feasible when: a. A property owner requests any zoning change; b. The principle use on the property is discontinued for a period of six (6) consecutive calendar months; c. The property is destroyed or significantly altered by sixty (60) percent or greater; or d. Enlargements or improvements are made to the structures on the property that increase the gross square footage by twenty-five (25) percent. 13.3 Non-Conforming Lots. 13.3.1 Single Lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width (or both) that 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 the regulations for the district in which such lot is located. 13.3.2 Adjoining 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. 13.3.3 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. 13.4 Non-Conforming Structures. 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 by size or encroachment or other means., 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 City of Owasso Zoning Code, Adopted via Ord. 1249 96 c. Should such structure be moved for any distance whatever, it shall thereafter conform to the provisions of the district in which located. 13.5 Non-Conforming Signs. A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non-conforming. Said signs shall remain non- conforming and may continue subject to the following provisions: a. Temporary signs shall be removed, or permitted if allowed under this Code, within ninety (90) days of the passage of this Code. Temporary signs include but are not limited to banners, feather, 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 of more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this Code. 13.6 Repairs. On any building containing a non-conforming 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 size or amount of its structural non- conformity is not increased. If a non-conforming structure or a structure containing a non-conforming use becomes physically unsafe or unlawful due 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 except in conformity with the provisions of the district in which located. 13.7 Outdoor Lighting 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 after the adoption of this Code must meet the requirements of this Ordinance. City of Owasso Zoning Code, Adopted via Ord. 1249 97 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. 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 for any use, purpose, excavation, construction, structure, building, or sign in conflict with the provisions of this Zoning Code or the City of Owasso Code of Ordinances. 14.2 Penalties for Violation. Any person, firm, or corporation 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 Planned Unit Developments, Specific Use Permits, Variances, or Special Exceptions, shall be deemed guilty of an offense shall be fined or directed to appear in the Owasso Municipal Court 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 Owasso, Oklahoma or its authorized officials from taking other legal action, as authorized by law, to remedy violations. 14.3 Construction and Use Provided in Applications, Plans, and Permits. Permits, Variances, or Special Exceptions issued on the basis of approved plans and applications authorize only the uses, arrangement, and construction set forth in such approved plans and applications. Deviation from such approvals shall be deemed a violation of this Code and punishable as authorized by City Code. City of Owasso Zoning Code, Adopted via Ord. 1249 98 CHAPTER 15 ZONING CODE AND ZONING MAP AMENDMENTS 15.1 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. 15.2 Policy on Zoning Map Amendments (Rezonings). 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 in the Land Use Master Plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally. Zoning map amendments (rezonings) 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 kept by the Community Development Director or their designee. 15.3 Zoning Text Amendments. The Owasso Planning Commission, upon its own motion, may, or at the direction of the Owasso City Council shall, hold a public hearing, giving notice thereof of a proposed text amendment. After holding the public hearing, the Planning Commission shall make a recommendation to the Owasso City Council. 15.4 Zoning Map Amendments. 15.4.1 Application. An amendment to the Zoning Map (rezoning) shall be initiated by the filing of an application with the Community Development Department, and shall be accompanied by an application fee. After the application is received, the item shall be set for public hearing with the Owasso Planning Commission and the Owasso City Council. 15.4.2 Notice Required. All noticing referenced in this Section, shall be given in the timeframe that is in accordance with the relevant Oklahoma State Statute. The Owasso Planning Commission shall give notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation and shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in said area. 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, 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. 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. City of Owasso Zoning Code, Adopted via Ord. 1249 99 15.4.3 Owasso Planning Commission Action on Zoning Map Amendments (Rezoning). After notice and public hearing, the Owasso Planning Commission shall vote to either: 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; or 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. 15.4.4 Owasso City Council Action on Zoning Map Amendments (Rezoning). The Owasso City Council shall hold a hearing on each application transmitted, and after the public hearing shall approve an ordinance approving the application as submitted or as amended, or shall deny the application. City of Owasso Zoning Code, Adopted via Ord. 1249 100 CHAPTER 16 SPECIFIC USE AND TEMPORARY USE PERMITS 16.1 Specific Use Permits. 16.1.1 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 proc characteristics and site development features. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this Code. 16.1.2 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 City Council. 16.1.3 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 Community Development Department Staff shall make a determination of application completeness; d. Review by Technical Advisory Committee; e. Notice published in accordance with relevant Oklahoma state statute deadlines; f. Staff report; g. Public hearing at the Owasso Planning Commission; h. Recommendation is made by the Planning Commission to the City Council; i. Public hearing at the Owasso City Council; and j. Decision, findings, and final action. With the exception of the following modifications, the standard development review procedures for amendments to the Official Zoning Map shall apply. 16.1.4 Technical Advisory Committee Review. Prior to the Owasso Planning Commission, the Specific Use Permit (SUP) proposal and all supporting documentation. The Technical Advisory Committee shall provide comments to the applicant regarding utilities, engineering, planning, and project design. All Technical Advisory Committee comments shall be addressed by the applicant prior to the SUP being reviewed by the Owasso Planning Commission or the Owasso City Council. City of Owasso Zoning Code, Adopted via Ord. 1249 101 16.1.5 Owasso Planning Commission Review and Recommendation. The Owasso Planning Commission 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. 16.1.6 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. 16.1.7 Indication on the Official Zoning Map Required. A base zoning change is not required for Specific Use Permits (SUPs); however, the proposed use must be in alignment with the relevant base zoning requirements on the property. The location of each approved SUP shall be indicated on the Offic-(the number of the request for an SUP). 16.1.8 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 other external impacts); e. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; f. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and g. Adequate assurances of continuing maintenance have been provided. 16.1.9 Conditions of Approval. Staff shall recommend conditions for the Specific Use Permit (SUP) if the use is expected to 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. City of Owasso Zoning Code, Adopted via Ord. 1249 102 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 of a 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. 16.1.10 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. 16.1.11 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 proceed in development or construction, by either obtaining a Building Permit or Certificate of Occupancy (C/O) (if required) or filing an approved final plat for the property (if required), within one (1) year; c. The approved use is not in operation for more than one (1) year; or d. 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 this Section. 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 follows the Any extension requests 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 request. SUPs may be extended one (1) time for a maximum of one (1) additional year, provided a letter is submitted to the Community Development Director or their designee asking for the extension no less than one (1) month prior to the one (1) year expiration date. Said letter must indicate the following: a. Reason for the extension; b. That there are no changes to the original SUP approved by the Owasso City Council; and c. Expected date by which a Building Permit or C/O will be obtained or the office. 16.2 Temporary Use Permits. 16.2.1 Purpose. This Section provides a discretionary approval process 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 be developed separately from the permanent structures on a property and typically do not require a full site plan package review due to their temporary non-permanent nature. Care should be taken to integrate temporary land uses with other uses in the area and to prevent adverse impacts on the community at-large. The procedure outlined in this section encourages careful administrative review and evaluation of a City of Owasso Zoning Code, Adopted via Ord. 1249 103 This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this Code. 16.2.2 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. A TUP shall only be allowed within non-single-family residential districts, unless otherwise indicated in this Chapter. TUPs shall be 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 the requirements of this Code. Pop-up and off- premise tent sales are prohibited within Owasso City Limits. 16.2.3 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 a Temporary Use Permit (TUP), provided that the proposed temporary use complies with the general requirements below and comply with all other applicable City of Owasso regulations: 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; c. Temporary office space and equipment storage, when accessory to an approved construction project, provided that: 1. Such uses shall be located on the site no more than thirty (30) days prior to the start of construction and removed no more than thirty (30) days after completion of such project; 2. Shall meet any applicable Fire or Building Codes and shall submit permits for any electrical, mechanical, and plumbing work; and 3. A Site Plan depicting the location of the structure shall be submitted for review to the Community Development Department. d. Sales offices on residential development sites are permitted in any zoning district until all lots or houses are sold or leased, provided that, the use of the sales office for sites outside of the project is prohibited; e. Tent sales and other small special events occurring in parking lots, provided that: 1. All businesses wanting to have a tent sale and/or be involved in the special event must submit an administrative Site Plan to the Community Development Director or their designee; 2. All submitted administrative Site Plans for the event and/or sale must be accompanied by a permission letter from the owner of the property where the tent sale will be located. All tent sales must be directly affiliated with the permanent principle use on the site. 3. No single tent sale and/or event may last longer than three (3) days. Sales and/or events lasting longer than three (3) days shall be required to secure a Temporary Use Permit; 4. Any signage associated with a tent sale and/or must comply with the City of Owasso Zoning Code, Adopted via Ord. 1249 104 5. No amplified sound is permitted in association with a tent sale and/or event; 6. Tent sales are only permitted for the products and/or services normally sold by the business; 7. Under no circumstances may a tent sale and/or event be located within nor encroach upon a fire lane, public sidewalk, public street, or placed in any location that creates a hazard to traffic or public safety; 8. Any lighting associated with a tent sale and/or event must comply with 9. The sale and discharge of fireworks within City Limits shall not be permitted; and 10. Any tent in excess of four hundred (400) square feet must comply with the International Fire Code adopted by the City of Owasso. f. Expansion or replacement facilities consisting of transportable buildings that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites, and meet all applicable fire and/or building Codes, including but not limited to: 1. Expansion of existing religious assembly facilities, health care facilities, and government offices following the approval of filed plans and applications for the permanent alteration/expansion of these facilities; 2. Temporary classroom space for existing schools; 3. Temporary office space for construction and security personnel during the construction of an approved development for which a Grading or Building Permit has been issued; 4. Temporary space for recreational uses provided in connection with an approved residential development under construction; 5. Temporary space for a non-residential use following the destruction of a building by fire or other catastrophic event; 6. Temporary office space (one (1) per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a Building Permit for the construction; and 7. Temporary buildings are allowed for periods not to exceed one (1) year. However, the Community Development Director or their designee may grant additional one (1) year extensions up to a maximum of three (3) extensions. g. Temporary uses that occur wholly within an enclosed permanent building; h. Temporary uses located on or utilizing City-owned property through a contracted agreement with the City; i. Temporary storage structures that are reflected on the approved site plan for the site. Any temporary storage structures not shown on the approved site plan shall proceed through the Temporary Use Permit process as defined in this Chapter; j. Temporary uses that are present on a property for less than seventy-two (72) consecutive hours; City of Owasso Zoning Code, Adopted via Ord. 1249 105 k. Temporary uses that are classified as Mobile Food Vendors in nature where their business is operated out of a structure with wheels, such as a truck, trailer, or cart; and l. Accessory uses that are allowed by right and that follow all other applicable Non-Residential Accessory Uses and Structures 16.2.4 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, such as the extension of utilities and other services, with the exception of permitted temporary power poles, 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 any applicable conditions of approval that apply to a principal use on the site; d. The temporary use standards of this Section do not exempt the applicant or operator from any other required Permits, such as Health Department Permits; e. A letter from the record property owner giving permission for the temporary use; f. If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any paved hard-surface parking and traffic movement that may be associated with the temporary 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 temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability; h. The temporary use may have an outdoor patio/seating area in conjunction with their structure, as long as the proposed seating area is shown on the submitted site plan with the TUP application, is located on a hard surface, and would not encroach or create a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability; i. Temporary structures shall be located not to interfere with the normal operations of any permanent use located on the property; j. Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary facilities and services shall be available to serve employees, patrons, or participants as determined by Community Development, Public Works, and Health Department Officials; k. A Site Plan shall be submitted to the Community Development Department indicating placement of structures; and l. 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 the following additional standards: a. The design and installation of all practicable temporary traffic control devices including signage will be used to minimize traffic congestion; City of Owasso Zoning Code, Adopted via Ord. 1249 106 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 d. Signage shall be placed and not within the public right-of-way; e. Sign shall not be spray painted; and f. All other applicable requirements in the Chapter titled Signs in the Owasso Zoning Code shall apply. 16.2.5 Permit and Application Fees. Fees for Temporary Use Permits (TUPs) are established on 16.2.6 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 c. Signature from the Community Development Director or their designee; d. e. Proof of a valid and current Health Department License for Food Vendors, if applicable; and f. City of Owasso Zoning Code, Adopted via Ord. 1249 107 CHAPTER 17 TELECOMMUNICATION TOWERS AND ALTERNATIVE ENERGY SYSTEMS 17.1 Telecommunication Towers. 17.1.1 Specific Use Permit Required. A Specific Use Permit (SUP) shall be required for all telecommunication towers and accessory facilities or equipment. All SUP requests for telecommunication towers shall be reviewed by the Owasso Planning Commission and forwarded to the Owasso City Council for consideration and action per the Chapter 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 a minimum of 2:1 distance from residential property to tower height. c. Tower Height. Tower height, excluding antenna array, shall not exceed two- hundred (200) feet. d. Array Height. The antenna array shall not exceed the tower height by more than ten (10) feet. e. Guy Wires. All guy wires and guy anchors shall be set back a minimum of twenty (20) feet from any property line. f. Tower Type. The tower is of monopole design, or one of equal or lesser impact, if located within three hundred and fifty (350) feet of any RS (Single-Family Residential) district. g. Co-Location. A telecommunication tower must be designed and built so as to be capable of use by at least five (5) wireless communication providers such as cellular or 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. The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least four (4) other wireless telecommunication providers on a reasonable and non-discriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the Building Permit application. h. Security Fencing. The base of the tower shall be enclosed by opaque security fencing with a minimum height of eight (8) feet. i. 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. j. Distance from Other Towers. New telecommunication towers must be a minimum distance of half (1/2) a mile from any other telecommunication tower. City of Owasso Zoning Code, Adopted via Ord. 1249 108 k. Removal of Tower. Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner. 17.1.2 Replacement of Existing Poles. Telecommunication towers erected to replace existing poles are permitted in all zoning districts, provided that: a. The pole replaced is a functioning utility pole or light standard within an established utility easement or public right-of-way, recreational facility light pole, or telecommunication tower; b. 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 (10) feet; and 2. The height of the original telecommunication tower and antenna array. 17.1.3 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 if a non-whip type or fifteen (15) feet if a whip type; c. Telecommunication antennas located on existing structures are not subject to the half (1/2) mile 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 require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso. 17.1.4 Roof Mounted Telecommunication Antennas. Roof-mounted telecommunication antennas 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) feet 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 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 façades 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. City of Owasso Zoning Code, Adopted via Ord. 1249 109 17.1.5 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 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 for a Building Permit to locate a telecommunication antenna on an 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 the existing structure as it would appear viewed from the closest residential property. The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna. 17.1.6 Distance Measurement. Distances in this Section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or single-family residential or a more restrictive zoning district or use. For the purposes of applying restrictions set forth in this single-family residential or more restrictive zoning d 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) or more restrictive residential uses; d. Used as a cemetery; or e. Occupied by non-residential, non-conforming uses. 17.1.7 Exceptions and Exemptions. A telecommunication tower that fails to meet the requirements of this Section may be authorized by obtaining a Specific Use Permit (SUP) through the Owasso City Council with additional site design standards imposed per the Section titled in the Owasso Zoning Code. 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. Small cellular network facilities located within public rights-of-way or easements, that meet all other applicable Rules and Regulations, shall be exempt from the requirements of this Section. All other small cellular network facilities require an approved SUP. City of Owasso Zoning Code, Adopted via Ord. 1249 110 17.2Wind Energy Systems. 17.2.1Purpose. 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 small wind energy systems and utility-scalewind energy systems as defined herein to ensure the safe installation of wind towers in the City of Owasso; and b.Promote energy savings and the use of green infrastructure. 17.2.2Applicability. The requirements of this Code shall apply to all small wind energy systems and utility-scalewind 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 installedand 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. 17.2.3Wind 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 17.1 Wind Energy System Total Height City of Owasso Zoning Code, Adopted via Ord. 1249111 17.2.3.1Location.No wind energy system shall be located in any front or side setbacks. 17.2.3.2Setbacks.The following setbackswill 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. 17.2.3.3Design Standards.The following design standards will be adhered to: a.Monopole or FreestandingDesign.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 thirty (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 17.2) 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 17.3). Figure 17.2 Wind Energy System Minimum Blade Height Figure 17.3 Wind Energy System Setbacks City of Owasso Zoning Code, Adopted via Ord. 1249112 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 violate the adopted City of Owasso Noise Ordinance. Should a wind tower produce an undulating pattern of noise or vibrations, said tower may be deemed a public 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 that is non-reflective. No wind energy system shall be lighted unless required by the FAA. No advertising signs of any kind or nature whatsoever shall be permitted on any wind energy system. No transmission equipment shall be installed on the tower. All equipment shall be screened with either a six (6) foot opaque fence or with evergreen vegetation not less than six (6) feet in height. f. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements. g. Signal Interference. Efforts shall be made to site wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the wind energy system owner and the individual receiving interference shall make reasonable efforts to resolve the problem. No wind energy system shall cause permanent and material interference with television or other communication signals. h. Over-speed Controls. Every wind energy system shall be equipped with both manual and automatic over-speed controls. i. Federal Aviation Administration (FAA). All wind towers shall meet Federal Aviation Administration (FAA) regulations. Documentation shall be provided that indicates the proposed wind tower meets FAA regulations. 17.2.3.4 Permit Requirements. Applications for utility-scale wind energy systems in all zoning districts shall be approved with a Specific Use Permit through the Owasso City Council following the procedures outlined in the Section titled in the Owasso Zoning Code. However, small wind energy systems that are fifteen (15) feet or less in height, that requirements of this Section, are allowed by right in all zoning districts. All applications shall include the following information upon request: a. Site Plan. A Site Plan shall be drawn to scale based off a survey showing the location of the proposed wind energy system and the locations of all existing buildings, structures, and property lines along with distances. City of Owasso Zoning Code, Adopted via Ord. 1249 113 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 the type, size, rotor material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. f. Safety Measures. Emergency and normal shutdown procedures shall be provided as part of the application for a wind energy system. g. Electrical Connection. A line drawing of the electrical components 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.) 17.2.4 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 system shall be deemed a violation of this Code. Any small wind energy system or commercial wind energy system which is non- conforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Code. 17.2.5 Private Covenants. Private covenants or deed restrictions may prohibit the installation of wind energy systems. The City of Owasso does not enforce private covenants and this Code shall not preempt private covenants. 17.3 Solar Energy Systems. 17.3.1 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 small solar energy systems and utility-scale solar energy systems as defined herein to ensure the safe installation of solar energy systems in the City of Owasso; and b. Promote energy savings and the use of green infrastructure. 17.3.2 Applicability. The requirements of this Code shall apply to all small solar energy systems and utility-scale solar energy systems proposed after the effective date of this Code. Solar 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. City of Owasso Zoning Code, Adopted via Ord. 1249 114 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. 17.3.3 Solar Energy System Requirements. All solar energy systems must comply with applicable building and electrical Codes. Additionally, all solar energy systems must comply with all rules and regulations governing the zoning district in which said system is located. Solar energy systems are also subject to the following additional requirements: a. Location. No solar energy systems shall be located in any required setback. No solar energy systems shall be located within any utility easement. b. Bulk, Area, Height, and Setbacks. Solar energy systems are required to meet the bulk, area, height, and setback requirements of the zoning district in which said system is located. c. Screening. Utility-scale solar energy systems and equipment shall be screened from all adjacent residential uses and/or zoning districts wither either a six (6) foot opaque fence or with evergreen vegetation not less than six (6) feet in height at time of installation. d. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements. e. Building-Mounted Solar Energy Systems. Building-mounted systems may be mounted on any principal and/or accessory structure, and should be mounted flush, when possible. Only flush-mounted systems may be placed on front building facades or roof slopes facing the front of the site. Systems on roofs shall not extend three (3) feet parallel to the roof surface. Accessory materials for the system shall be of a color that is architecturally compatible with the roof or façade surface on which it is mounted. f. Canopy Solar Energy Systems. Canopy systems shall be installed at a minimum height to allow for clearance of emergency vehicles, but no higher than the height of the primary structure on the property. 17.3.3.1 Exceptions and Exemptions. A solar energy system that fails to meet the requirements of this Section may be authorized by obtaining a Specific Use Permit (SUP) through the Owasso City Council with additional site design standards asso Zoning Code. 17.3.4 Permit Requirements. Applications for utility-scale solar energy systems in all zoning districts shall be approved with a Specific Use Permit through the Owasso City Council following the procedures outlined in the Section titled in the Owasso Zoning Code. and meet all applicable requirements of this Section, are allowed by right in all zoning districts All applications shall include the following information upon request: City of Owasso Zoning Code, Adopted via Ord. 1249 115 a. Site Plan. A Site Plan shall be drawn to scale based off a survey showing the location of the proposed solar energy system(s) and the locations of all existing buildings, structures, and property lines along with distances. b. Elevations. Elevations shall be provided of the site drawn to scale showing the height, design, and configuration of the solar energy system and the height and distance to all existing structures, buildings, electrical lines, and property lines. c. Foundations and Geotechnical. A standard foundation and anchor and/or fastener design along with existing soil conditions and specifications for the soil conditions at the site. d. Panel Specifications. Specific information on the type, size, material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. e. Safety Measures. Emergency and normal shutdown procedures shall be provided as part of the application for a solar energy system. f. Electrical Connection. A line drawing of the electrical components 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.) 17.3.5 Non-Use. Any solar 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 system shall be deemed a violation of this Code. Any small solar energy system or utility-scale solar energy system which is non- conforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Code. 17.3.6 Private Covenants. Private covenants or deed restrictions may prohibit the installation of solar energy systems. The City of Owasso does not enforce private covenants and this Code shall not preempt private covenants. 17.4 Battery Energy Storage Systems. 17.4.1 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 small battery energy storage systems (BESS) and utility-scale BESS as defined herein to ensure the safe installation of said systems in the City of Owasso; and b. Promote energy savings and the use of green infrastructure. 17.4.2 Applicability. The requirements of this Code shall apply to all small BESS and utility-scale BESS proposed after the effective date of this Code. BESS 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. City of Owasso Zoning Code, Adopted via Ord. 1249 116 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. 17.4.3 Battery Energy Storage System Requirements. All BESS must comply with applicable building and electrical Codes, as well as comply with all applicable regulations found in the International Fire Code (IFC) and National Fire Protection Associations (NFPA) rules and regulations. Additionally, all BESS must comply with all rules and regulations governing the zoning district in which said system is located. BESS are also subject to the following additional requirements: a. Location. No BESS shall be located in any required setback. No BESS shall be located within any utility easement. b. Bulk, Area, Height, and Setbacks. BESS are required to meet the bulk, area, height, and setback requirements of the zoning district in which said system is located. c. Screening. Utility-scale BESS and equipment shall be screened from all adjacent residential uses and/or zoning districts wither either a six (6) foot opaque fence or with evergreen vegetation not less than six (6) feet in height at time of installation. d. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements. e. Emergency Access and Signage. Required signage to comply with the relevant fire and building Codes shall be displayed prominently on site. f. Access. All access doors or access ways to BESS and electrical equipment shall be lockable 17.4.3.1 Exceptions and Exemptions. A BESS that fails to meet the requirements of this Section may be authorized by obtaining a Specific Use Permit (SUP) through the Owasso City Council with additional site design standards imposed per the Section 17.4.4 Permit Requirements. Applications for utility-scale BESS shall be allowed in Commercial, Industrial, and/or Public Facility districts with an approved Specific Use Permit through the Owasso City Council following the procedures outlined in the Section titled in the Owasso Zoning Code. applicable requirements of this Section, are allowed by right in the Commercial, Industrial, and Public Facilities zoning districts without a Specific Use Permit. All applications shall include the following information upon request: a. Site Plan. A Site Plan shall be drawn to scale based off a survey showing the location of the proposed solar energy system(s) and the locations of all existing buildings, structures, and property lines along with distances. b. Elevations. Elevations shall be provided of the site drawn to scale showing the height, design, and configuration of the BESS and the height and distance to all existing structures, buildings, electrical lines, and property lines. City of Owasso Zoning Code, Adopted via Ord. 1249 117 c. Foundations and Geotechnical. A standard foundation and anchor design along with existing soil conditions and specifications for the soil conditions at the site. d. Equipment Specifications. Specific information on the type, size, material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. e. Safety Measures. Emergency and normal shutdown procedures shall be provided as part of the application for a BESS. f. Electrical Connection. A line drawing of the electrical components 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.) 17.4.5 Non-Use. Any BESS 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 system shall be deemed a violation of this Code. Any small BESS or utility-scale BESS which is non-conforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Code. 17.4.6 Private Covenants. Private covenants or deed restrictions may prohibit the installation of BESS. The City of Owasso does not enforce private covenants and this Code shall not preempt private covenants. 17.5 Electric Vehicle Charging Systems. 17.5.1 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 electric vehicle (EV) charging systems as defined herein to ensure the safe installation of said systems in the City of Owasso; and b. Promote energy savings and the use of green infrastructure. 17.5.2 Applicability. The requirements of this Code shall apply to all EV charging systems and proposed after the effective date of this Code, excepted as otherwise noted in this Code. the Owasso Zoning Code for more information. EV charging 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. City of Owasso Zoning Code, Adopted via Ord. 1249 118 17.5.3 Electric Vehicle Charging System Requirements. All EV charging systems, regardless of Level, must comply with all applicable building and electrical Codes. Additionally, all EV charging systems must comply with all rules and regulations governing the zoning district in which said system is located, including but not limited to screening, landscaping, site design, and other requirements found elsewhere in this Code. EV charging systems as a principle use on a site shall be allowed by-right in all commercial and industrial zoning districts. EV charging systems as an accessory use shall be allowed by-right within the entirety of the City of Owasso, regardless of zoning district. EV charging systems are also subject to the following additional requirements: a. Location. No EV charging systems shall be located in any required setback or utility easement. EV charging systems and associated equipment shall not be located in such a manner that would impede pedestrian or motor vehicle travel or create trip hazards; this includes associated charging cords, which shall not cross a driveway, sidewalk, passenger unloading area, or other walkway. Parking stalls associated with EV charging systems are encouraged to not be located in the most convenient spots, with the exception of ADA spaces, in order to discourage use by non-electric-vehicle-users. b. Bulk, Area, Height, and Setbacks. EV charging systems are required to meet the bulk, area, height, and setback requirements of the zoning district in which said system is located. c. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and other requirements unless underground electrical would pose a financial impediment to the project and the above-ground design does not create a safety or traffic hazard. d. Lighting. With the exception of private use EV charging systems on private property, adequate lighting must be installed adjacent to or in conjunction with all EV charging systems, in order to ensure safe operation of said systems. e. Signage. With the exception of private use EV charging systems on private property, directional and/or instructional signage installed adjacent to or in conjunction with an EV charging system shall follow all applicable rules and regulations outlined in the Chapt f. U.S Access Board Compliance. With the exception of private use EV charging systems on private property, all EV charging systems shall meet the technical requirements set forth by the U.S. Access Board. All other applicable Americans with Disabilities (ADA) requirements shall also be met. Accessible EV charging systems shall not be installed on top of or behind curbs. 17.5.3.1 Exceptions and Exemptions. An EV charging system that fails to meet the requirements of this Section may be authorized by obtaining a Specific Use Permit (SUP) through the Owasso City Council with additional site design standards 17.5.4 Permit Requirements. Applications for EV charging systems in all zoning districts shall be reviewed and acted upon by the Community Development Director or their designee. All other applicable building permits, including but not limited to electrical permits, shall also be secured prior to the installation of any EV charging system. All EV charging system permit applications shall include the following information upon request: City of Owasso Zoning Code, Adopted via Ord. 1249 119 a. Site Plan. A Site Plan shall be drawn to scale based off a survey showing the location of the proposed EV charging system(s) and the locations of all existing buildings, structures, and property lines along with distances. b. Elevations. Elevations shall be provided of the site drawn to scale showing the height, design, and configuration of the EV Charging system(s) and the height and distance to all existing structures, buildings, electrical lines, and property lines. c. Foundations. A standard foundation and anchor or fastener design shall be provided. If a foundation and anchor is not included in the design for the charging system, reasoning shall be provided. d. Panel Specifications. Specific information on the type, size, material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. e. Safety Measures. Emergency and normal shutdown procedures shall be provided as part of the application for an EV charging system. f. Electrical Connection. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes shall be provided. 17.5.5 Non-Use. Any EV charging system which is non-conforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Code. City of Owasso Zoning Code, Adopted via Ord. 1249 120 CHAPTER 18 SIGNS 18.1 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 while still preserving the constitutional right to freedom of speech and expression; c. To provide for the issuance, revocation, inspection, and identification of signs within the City; and d. To provide for the removal of any sign that is in violation of or non-conforming with the intent and purpose of this Code. 18.2 Calculating the Area of a Sign. The area of a sign shall be computed to include the entire area within a sign, whether such sign is a parallelogram, triangle, circle, or semi- circle, including all of the display area of one side and any part of the surface of any cornice, hood, awning, wall, or similar ornamental or structural feature that blends with the sign in such a manner as to appear to be the background of the sign, and including all of the elements of the matter displayed, regardless of the angle at which such sign is placed in relationship to the building frontage; provided, however, that the area of a wall sign shall be computed to include only the area in which characters, letters, illustrations, insignia, or logos are depicted. 18.2.1 Determining Sign 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 18.1). 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 a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized 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 18.1). City of Owasso Zoning Code, Adopted via Ord. 1249 121 Figure 18.1 Sign Area and Dimensions Minor appendages to a particular regular shape, such as an apostropheor small decorative protrusion, as determined by the Community Development Directoror their designee, shall not be included in the total area of a sign. 18.2.1.1Freestanding Signs.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 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 18.2). City of Owasso Zoning Code, Adopted via Ord. 1249122 Figure 18.2 Calculating Sign Area for Freestanding Signs Open Space (Part of Sign Area) Sign Area Minor Protrusion (Not Included in Sign Area) Sign Area #1 Sign Area #1 Sign Area #2 Air under Sign Not Base under Sign Not Counted in Sign Area Counted as Sign Area 18.2.1.2Multi-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 18.3). Figure 18.3 Multi-Faced Signs City of Owasso Zoning Code, Adopted via Ord. 1249123 18.2.3Determining Sign 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 grade of the nearest pavement or top of any 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 from the adjacent roadway grade level to the highest point of the freestanding sign or sign structure (see Figure 18.4). 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. 18.3Signs Not Requiring Permits. A Permit shall not be required for the following types of signs, provided that said signs shall be subject to all other provisions of this Code. 18.3.1Business Signs.One (1) non-illuminated, non-activated nameplate or occupational sign not exceeding two (2) square feet in area and attached flat against a building, providing only the name, address, and occupation of Figure 18.4 the building tenant or ownerdoes not require a Permit. Sign Height 18.3.2Historical Markers.Non-illuminated, non-reflective memorial signs or signs bearing the name of the building and date of erectiondo 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. 18.3.3Legal Notices.Legal noticesandidentification, informational, or directional signs constructed by government agencies or in compliance with their regulationsdo not require a Permit. 18.3.4Service Station Signs.Signs that are attached to gasoline pumps or other similar dispensing or servicing devices are allowed, as well as signs and required regulatory information that are lit or non-lit and are an integral part of the service station operation.Signson canopiesthat display gas prices up to twenty (20) square feetdo not require a Permit. 18.3.5Awning or Canopy Lettering.Non-illuminated vinyl or plastic lettering affixed to any awning or canopy, and conforming to the provisions of the Section related to awnings/canopy type signsdo not require a Permit.All such awnings/canopiesshall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the sidewalk and fifteen (15) feet above a drive or alley.All such structures must be suspended from the building and not resting upon the sidewalk. 18.3.6Window Signs.Signs that are posted on windows and not designed to be read from a point off the propertydo not require a Permit. Flashing signs are not permitted. City of Owasso Zoning Code, Adopted via Ord. 1249124 18.3.7Light Pole Banners and Bracket Signs.Banners which are Figure 18.5 attached to light poles which do not accommodate a Light Pole Banners and traffic signal or electrical distributiondo not require a Permit. Bracket Signs The light poles must be private poles located on private property. Utility poles in the public right-of-way shall not have any signage posted at any time. Said signs shall be in a metal type bracket and the sign shall be no greater than eight(8) square feet(2 foot wide by 4 foot long). A maximum of two such signs may be placed ona light pole (see Figure 18.5). 18.3.8Community Interest Signs.Banners or signsdisplaying information from the City of Owassoor another Public entity that are erected for the express purpose of public safety or public welfare do not require a Permit and will not be required to follow the provisions of this Code.Temporary signs at City recreational facilities or school sports fields do not require a Permit and will not be required to follow the provisions of this Code.Any other sign that the Community Development Director or their designee deems of a public or community wide interestdoes not require a Permit. 18.3.9Projecting Signage.Signage which is affixed at a right angle beneath a canopy or marquee or along a fence, wall, or similar structure, shall not require a Permit. Said signs may beerected over a public sidewalk, so long as it does not extend beyond a point within two (2) feet of the front edge of the canopy or marqueeor structureand shall maintain a minimum clearance of eight (8) feet between the bottom of the sign and the public sidewalk. A maximum of one (1) sign, with a maximum area of three (3) square feet, is allowed per parcel.Such signs shall not be constructed or located that it will obstruct the view of traffic or within the public right-of-way.Such signs shall be allowedfor nonresidential, mixed-use, or multifamily uses only. 18.3.10Sandwich Board Signs (A-Frame Signs).Sandwich board signs, also known as a-frame signs, are allowed only on the sidewalk in front of the business in Commercial zoning districts during business hoursand 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 notinterrupt pedestrian activity. 18.3.11Vehicle Wrap Signs. Signs that are shrink-wrapped on personal vehicles do not require a Permit. 18.3.12Small Directional and Bulletin Signs. Signs that are small enough as to not be visible and/or legible from off of the property do not require a Permit. 18.3.13Structure Banners. Banners affixed to buildings, fences, and other structures within non- single-family residential zoning districts, that are less than or equal to ten (10) percent to the total structure area, shall not require a permit. Figure 18.6 18.3.14Gooseneck Reflectors.Gooseneck reflectors and lights Gooseneck Reflectors (see Figure 18.6)shall be permitted only on ground signs, wall signs, and works of art,providedthatthe reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. Gooseneck Reflectors are not allowed on pole signs. City of Owasso Zoning Code, Adopted via Ord. 1249125 18.4Prohibited Signs. The following signs classified by location, type, and content are prohibited. 18.4.1Location.No sign shall be permitted to extend into, above, or be placed in or on any portion of the publicproperty or public right-of-way limits of anystreet, avenue, or alley. No signshall 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 limitsof 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, as identifiedin the Chapter . No sign shall be constructed so as to obstruct any fire escape, fire department connection, required exit, window, or door openingintended 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 or underground water. No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes the potential impediment to rescue personnel in the event of an emergency, or which constitutes a public nuisance. No signs shall be constructed or displayed within any sight triangle. 18.4.2Type.Any sign not specifically permitted ina zoning district, includingtemporary signs, shall be prohibited within such zoning district. 18.4.2.1Portable Signs.Portablesigns, unless allowed as permitted temporary signs elsewhere in this Code,are not permittedwithin Owasso City Limits, regardless of zoning district (see Figure 18.7). Figure 18.7 Portable Signs 18.4.2.2Billboards.Billboards are not permitted within OwassoCity Limits, regardless of zoning district. 18.4.2.3Spotlights and Searchlights. Lights designed to shine up into the sky to draw attention to a place or business are prohibited within Owasso City Limits, regardless of zoning district. Lights at the base of flagpoles are excluded from this provision. 18.4.2.4Moving and FlashingSigns.No movingor flashingsigns shall be permitted in Owasso City Limits, regardless of zoning district. 18.4.2.5Nuisances.No sign shall be permitted that emits audible sound, vapor, smoke, odor particles, or gaseous matterin the Owasso City Limits, regardless of zoning City of Owasso Zoning Code, Adopted via Ord. 1249126 district. 18.4.2.6 Placards, Leaflets, and Handbills. No placards, leaflets, handbills, or similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, public property, or placed on vehicles in the Owasso City Limits, regardless of zoning district. 18.4.2.7 Off-Premise Signs. It shall be unlawful for any person to construct, erect, or maintain any off-premises sign, regardless of zoning district, within Owasso City Limits. Area Markers are exempted from the provisions of this Section. 18.4.2.8 Roof Signs. Roof signs are not permitted within Owasso City Limits, regardless of zoning district. 18.4.2.9 Balloons and Inflatable Signs. Balloons, inflatables, ribbons, streamers, 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 not permitted within the Owasso City Limits, regardless of zoning district, except when allowed for a special event by the Community Development Director or their designee. 18.4.3 Content. 18.4.3.1 Obscene Matter. No person shall display upon any sign or other advertising structure an obscene, indecent, or immoral matter, or matter that advertises unlawful activity or true threats. 18.4.3.2 Traffic Safety. No sign shall be erected or constructed in any district within the City reasonably be confused with traffic signs. No sign shall be erected or constructed in any district which would, by its color or nature, tend to be confused with or obstruct sight of traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person. 18.5 Permitted Sign Types and Regulations. Tables 18.1, 18.2, and 18.3 below identify permitted signs for each zoning district and the specific restrictions for each sign type. Each sign type is still subject to all other applicable regulations of this Code. Refer to permitting requirements and regulations. Examples of each type of sign can be seen in Figures 18.8, 18.9, 18.10, 18.11, 18.12, 18.13, 18.14, 18.15, 18.16, 18.17, 18.18, and the Owasso Zoning Code may be applicable and supersede the regulations contained within this Section. City of Owasso Zoning Code, Adopted via Ord. 1249 127 128 RequiredRequired Permit Type Allowed/None Allowed/None Temporary Sign Permanent SignPermanent Sign . the date of way.way.way.way ---- ofofofof ---- , fence, wall, or other 3 Districts within the public rightwithin the public rightwithin the public rightwithin the public right - family uses are exempt from these - extend extend extend extend 2, and RS - 1, RS - via Ord. 1249 Adopted Requirements use, or multifamily uses only; single - 0) feet above ground level when affixed to a building are prohibited. are prohibited. 2 ( long as it is located at the entryways of a neighborhood. Sign Requirements for the AG, RE, RS City of Owasso Zoning Code, - twenty .1 8 for nonresidential, mixed Table 1 square feet. feet. per development, one (1) additional sign may be allowed when the development is bounded by two or 0) square feet. eight (48) square feet. 5 - ( fifty (50) . setback at least fifteen (15) feet from ROW. Maximum cumulative sign area of one hundred (100) square feet.Must be Such signs shall not be constructed or located that it will obstruct the view of traffic or Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years frominitial construction, whichever comes first.Maximum height of ten (10) feet.Maximum area of fortySuch signs shall be permitted requirements.Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum of one (1) signmore public street frontages.Maximum height of eight (8) feet.Maximum area of fiftyResidential uses are permitted such a sign so May be illuminated.Digital, LED, full message boards, or similar signs Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum area of Maximum of one (1) sign.Residential uses are permitted such a sign so long as it is located at the entryways of a neighborhood.May be illuminated.Digital, LED, full message boards, or similar signs Such signs shall not project higher than structureMaximum height of six (6) Maximum area of eight (8) square feet.Such signs shall not be constructed or located that it will obstruct the view of traffic or Wall Yard Type Banner Monument Area Marker 129 Required Permit Type Allowed/None Temporary SignTemporary SignTemporary Sign Permanent SignPermanent Sign . omplex. the date of way.way.way.way.way. ----- ofofofofof ----- , fence, wall, or other Districts within the public rightwithin the public rightwithin the public rightwithin the public rightwithin the public right family uses are exempt from these Legacy- extend extend extend extend extend via Ord. 1249 use, or multifamily uses only. Adopted - RD, RNX, RM, and RMH Requirements use, or multifamily uses only; single - 0) feet above ground level when affixed to a building are prohibited. are prohibited. 2 ( family residential, mixed - City of Owasso Zoning Code, Sign Requirements for the twenty - single - .2 8 for nonresidential, mixedfor non Table 1 square feet. per development, one (1) additional sign may be allowed when the development is bounded by two or 0) square feet. eight (48) square feet. 5 - ( fifty (50) . Maximum cumulative sign area of one hundred (100) square feet.Must be setback at least fifteen (15) feet from ROW.Such signs shall not be constructed or located that it will obstruct the view of traffic or Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years frominitial construction, whichever comes first.Maximum height of ten (10) feet.Maximum area of fortySuch signs shall be permitted requirements.Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum of one (1) signmore public street frontages.Maximum height of eight (8) feet.Maximum area of fiftyResidential uses are permitted such a sign so long as it is located at the entryways of a neighborhood or other residential cMay be illuminated.Digital, LED, full message boards, or similar signs Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum height of nine (9) feet.Maximum area of sixteen (16) square feet.Such signs shall be permitted Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum area of Maximum of one (1) sign.Residential uses are permitted such a sign so long as it is located at the entryways of a neighborhood or residential complexMay be illuminated.Digital, LED, full message boards, or similar signs Such signs shall not project higher than structureMaximum height of six (6) feet.Maximum area of eight (8) square feet.Such signs shall not be constructed or located that it will obstruct the view of traffic or Wall Yard Type Banner Feather Monument Area Marker 130 SignSign Required Permanent Permanent Permit Type Allowed/None Temporary SignTemporary SignTemporary Sign five - equal to nty above the s the date of way.way.way.way.way.way. ------ ne hundred and ofofofofofof ------ District PF and , Legacy within the public rightwithin the public rightwithin the public rightwithin the public rightwithin the public rightwithin the public right .. extend extend extend extend extend extend , DM, IL, IM, IH via Ord. 1249 0) square feet in area. Legacy 10 ( , CH Adopted Legacy Requirements one hundred , CS, CG O either a pylon/pole sign or a monument sign either a pylon/pole sign or a monument sign -- City of Owasso Zoning Code, in excess of the first one hundred (100) feet of said tract up to a maximum of one hundred and fifty per parcelper parcel in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to signsign Sign Requirements for the - frontage eight (48) square feet. - .3 frontage 8 ground ground Table 1 Maximum cumulative sign area of one hundred (100) square feet.Must be setback at least fifteen (15) feet from ROW.Such signs shall not be constructed or located that it will obstruct the view of traffic or Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years frominitial construction, whichever comes first.Maximum height of ten (10) feet.Maximum area of fortySuch signs shall not be constructed or located that it will obstruct the view of traffic or Maximum height of nine (9) feet.Maximum area of sixteen (16) square feet.Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum of one (1) Properties zoned Office or Downtown Mixed shall not be permitted a pole/pylon sign.May be illuminated.Such signs shall not be constructed or located that it will obstruct the view of traffic or Such signs shall be limited to twenty (20) feet in height and If the lot or tract has a thirty (30) percent of the (150) square feet.All such structures shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feetlevel of the public sidewalk and fifteen (15) feet above a public drive or alley.No portion of such signs shall extend beyond the property line.Structural components of such signs, including the pole(s) or structure(s) to which said sign is attached, may not exceed twe(25) percent of the width of the sign cabinet.Maximum height of six (6) feet.Maximum area of eight (8) square feet.Such signs shall not be constructed or located that it will obstruct the view of traffic or Maximum of one (1) Maximum height of eight (8) feet.Such signs shall be limited to one hundred (100) square feet in area.Such signs shall not be constructed or located that it will obstruct the view of traffic or May be illuminated.No portion of such signs shall extend beyond the property line. If the tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the signthirty (30) percent of the front footage in excess of the first one hundred (100) feet of said tract up to a maximum of ofifty (150) square feet. / Marker Pole Type Yard Pylon Banner Feather Monument Area 131 Permit Type Permanent SignPermanent Sign above the t, Illuminated signs may not way, the - s (Continued) of - Such District PF and . , Legacy commercial or industrial districts. use or district IM, IH . office, commercial or industrial districts. , DM, IL, via Ord. 1249 way. - to which it is attached or one hundred and fifty (150) square of - t no sign shall exceed four hundred and fifty (450) square feet. Legacy , office, use or district Adopted right , CH Requirements Legacy total façade area O, CS, CG unit complex is allowed one (1) wall sign for each leasable space up to a maximum of - City of Owasso Zoning Code, . site advertisement. - per parcel Sign Requirements for the serve as an off - .3 8 all signs may be permitted on the exterior of any wall facing other must be suspended from the building and not resting upon the sidewalk. Table 1 signs may be permitted on the exterior of any wall facing othersigns all signs may not be placed on the side or rear wall if said wall abuts to a residential Maximum of one (1) signSuchbe placed on the side or rear wall if said wall abuts to a residential Such signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred and fifty (150) square feewhichever is less.All such structures shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feetlevel of the public sidewalk and fifteen (15) feet above a public drive or alley.Such No marquee shall May be illuminated.Such signs shall be attached to a wall that fronts or faces a street Illuminated wwSuch signs shall be limited to ten (10) percent of the feet, whichever is less. For each one hundred (100) foot increment the structure is set back from the public rightmaximum area may be increased by fifty (50) percent, provided thaEach leasable space in a building or multiten (10) percent of store front space. Wall Type Marquee Figure 18.8 Figure 18.9 Area Marker Sign Awning Sign Figure 18.11 Figure 18.10 Business Sign BannerSign Figure 18.12 Canopy Sign City of Owasso Zoning Code, Adopted via Ord. 1249132 Figure 18.14 Figure 18.13 FeatherSign Pole Sign Figure 18.16 Marquee Sign Figure 18.15 Projecting Sign Figure 18.17 Monument Sign City of Owasso Zoning Code, Adopted via Ord. 1249133 Figure 18.18 Figure 18.19 YardSign Wall Sign 18.5.1Illumination.If a sign is illuminated, said illumination must be constant, shielded, and Illumination shall be directed away from any adjacent residential use within two hundred (200) feet.If illuminated, signs in direct view of traffic signals shall not be red, green, or amber in color. 18.5.2 Digital Signage. 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; f.No digital signage facing any residential use or district shall be allowed within two hundred (200) feet; and g.No such signs shall be allowed within any Agriculture or Residential zoning district. Any nuisance caused by digital signage shall be subject to relevant Code Enforcement action. 18.6Unified 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 through architectural integration of the site, buildings, and signs. City of Owasso Zoning Code, Adopted via Ord. 1249134 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; 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 prohibited sign. 18.7 Administrative Provisions. Except where otherwise provided, the administrative provisions herein described shall govern all signs located within the City of Owasso. 18.8 Permits Required. No person shall construct, structurally alter, rebuild, enlarge, extend, relocate, attach to or support by a building or structure any sign unless a Permit for such sign has been issued by the City of Owasso, or unless such sign is specifically exempted from Permit requirements. A permit is not required for a change of copy on an existing permanent sign (face change-out), nor for the painting or general maintenance or cleaning of a permanent existing sign, provided that said existing permanent sign was previously permitted and will not be structurally altered. It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a Sign Permit. 18.8.1 Temporary Sign Permits. For those signs deemed to be allowed under a Temporary Sign Permit according to Tables 18.1, 18.2, and 18.3 of this Code, the following conditions will apply: a. No off-site temporary signage of any kind is allowed; b. A maximum of two (2) temporary signs, as permitted under this Code, may be allowed per parcel; c. Establishments within multi-tenant non-residential developments are limited to two (2) temporary signs per establishment, at any given time; d. A total of four (4) non-consecutive display periods shall be permitted per parcel, or per establishment in the case of multi-tenant buildings, per calendar year; and e. A display period shall not exceed thirty (30) days and shall be followed by at least thirty (30) days where temporary signage is not displayed. After a sign has been constructed and/or erected, the applicant shall notify the Community Development Director or their designee, who shall inspect such sign and approve the same if it is in compliance with the provisions of this Code. The Community City of Owasso Zoning Code, Adopted via Ord. 1249 135 Development Director or their designee may, from time to time as they deem necessary, inspect all signs or other advertising structures regulated by this Code, for the purpose of ascertaining whether it is secure or whether it is in need of removal or repair. 18.9 Permit Revocable. All rights and privileges acquired under the provisions of this Section or any amendment thereto are mere licenses revocable by the Community Development Director or their designee for violation of the provisions of this Code. 18.10 Construction, Inspection, and Maintenance Standards. Provisions related to construction requirements of permanent signage shall be as follows. 18.10.1 Materials. a. Awnings. Awnings may be constructed of cloth or metal. All frames and supports shall be constructed of metal. b. Canopy. Canopies must be constructed of fireproof material. c. 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 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. 18.10.2 Letters, Bracing, Anchorage, and Supports. a. Awnings. Every awning shall be securely attached to and supported by the building. b. Ground Sign/Pole Mounted. All letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to, or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This does not exclude the use of standardized, changeable lettering securely mounted on sign forms. All ground signs/pole mounted shall be securely built, constructed, and erected upon foundations, posts, standards, or supports designed to adequately support the sign. c. Ground Sign/Surface Mounted. All letters, figures, characters, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. All ground signs/surface mounted shall be securely built, constructed and erected upon foundations, posts, standards, or supports designed to adequately support the sign. City of Owasso Zoning Code, Adopted via Ord. 1249 136 d. Marquees. Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support. e. Wall Signs. All wall signs shall be safely and securely attached to the building wall. 18.10.3 Maintenance. All signs affixed or attached to the ground or surface and the premises surrounding the same shall be maintained by the owner or occupant thereof in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, and weeds. Furthermore, all signs or other advertising structures governed by this Code, upon inspection by the Community Development Director or their designee and upon a finding that a sign is damaged or in need of repair, the Community Development Director or their designee may order the repair or removal of said sign. 18.10.4 Other Requirements. All signs governed under this Code shall be designed and constructed according to the City Building Code. 18.11 Permanent Sign Permit Fees. Before being granted a Permanent Sign 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 Permanent Sign Permit shall not be issued until a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000) and a that is in conformity with the statutory requirements of the laws of the State of Oklahoma. All fees are exclusive of required Electrical and Building Permit Fees. Fees for all signs are included in the Comprehensive Fee Schedule as adopted by the Owasso City Council. If a Permanent Sign 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. 18.12 Validity. If any Section, Subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 18.13 Sign Maintenance. All signs permanent, temporary, or otherwise shall be maintained in good working order at all times. Torn or tattered temporary signs shall be replaced or removed immediately. Lighted signs shall have all bulbs and fixtures in working order. City of Owasso Zoning Code, Adopted via Ord. 1249 137 CHAPTER 19 LANDSCAPING, SCREENING, AND FENCING REQUIREMENTS 19.1 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. These minimum requirements will: a. Further enhance the quality of life for Owasso residents and visitors; b. Reduce soil erosion and increase infiltration in permeable land areas essential to storm water management and aquifer recharge; c. Mitigate air, dust, noise, heat, and chemical pollution; d. by cooling and shading the surface area and breaking up large expanses of pavement; e. Establish landscape theme throughout the City that promotes the overall character and identity of the community; f. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping while encouraging water and energy conservation; g. Promote planting techniques that ensure the long-term health of plant materials; h. Screen unsightly equipment, material, or uses from public view and adjoining properties; and i. Buffer uncomplimentary land uses. 19.1.1 Concept Illustration. Landscape requirements are based on the illustration shown below, which depicts the different yard areas referenced in the subsequent Sections of this Chapter. Figure 19.1 is meant to provide a visual reference for each of the required planting yards. City of Owasso Zoning Code, Adopted via Ord. 1249 138 Figure 19.1 Typical Planting Yards 19.1.2General Provisions. a.Retention of Existing Vegetation.Existing healthy trees, shrubs, and ground cover shall be retained and incorporated into the Landscape Planto the maximum extent possible. b.Design and Installation.Landscape materials shall be installed in conformance with an approved Landscape Planprepared in accordance with this Chapter . c.Irrigation. Irrigation is required to be installed in all landscape areas. d.New Development.This Section shall apply to all new development unless specifically exempted by the SubsectiontitledExemptionsbelow. e.Change of Use or Enlargement of Existing Development. ThisSection shall apply to all applications for Building Permits for projects that involve one or more of the followingor in any other instance where a new or revised site plan package is required to be reviewed and approved, per the Chapter : 1.An increase in the number of stories in an existing building on the lot; City of Owasso Zoning Code, Adopted via Ord. 1249139 2. An increase in the impervious area by more than two thousand (2,000) square feet; 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, landscaping shall be reviewed and approved on a case-by-case basis as determined by the Community Development Director or their designee. Requirements outlined in this chapter must be met, to the Development Director or their designee to the requirements outlined in this chapter, as mentioned above, should be made taking this into consideration. 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. Alternative designs, materials, or methods may be brought to the Community Development Director or their designee for consideration, but the intent of the regulations shall be met with each project. Any decision made by the Community Development Director or their designee may be appealed to the Owasso Board of Adjustment (BOA). h. Exemptions. The following development types are exempted from the requirements of this Chapter: 1. Individual single-family and two-family dwellings on separate lots, where such residential use is the primary use on the lot; 2. New single-family detached and two-family subdivisions with four (4) or fewer lots and four (4) or fewer dwellings; and 3. Temporary uses approved pursuant to this Chapter. 19.1.3 Interpretation of Landscaping Terms. Where necessary to interpret the precise meaning of technical landscaping terms used in this Section, reference shall be made to American Nursery and Landscape Association. The definitions in the Chapter titled Definitions in the Owasso Zoning Code shall apply to the regulation and control of landscaping within this Section. Figure 19.2 illustrates common tree descriptions and shall be used to interpret any issues relating to the planting, care, and maintenance of City of Owasso Zoning Code, Adopted via Ord. 1249 140 trees.Figure 19.3 and the SubsectiontitledSize Standardsbelow shall be used to interpret plant sizes as part of the requirements of this Chapter. Figure 19.2 Tree Descriptive Terms Figure 19.3 Typical Sizes of Landscaping Plants 15 6-15 < 4 19.2Landscape Plan. 19.2.1General Requirements.These following standards shall apply to all areas where landscaping is required: a.Required landscaping shall not include artificial plants or trees or other artificial vegetation; City of Owasso Zoning Code, Adopted via Ord. 1249141 b. Landscape areas shall be kept free of trash, litter, and weeds; c. Materials other than plants may be proposed to meet some of the landscape requirements. Hardscaping, xeriscaping, and water features may be 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 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. 19.2.2 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 location of property lines and dimensions 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 and alleys, existing and proposed utility easements, and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot; d. The location, size, and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscaped areas; e. Planting details and/or specifications; f. The location, size (caliper and height), condition, and common name of any existing tree for which tree protection credit is requested shall be indicated. The method of protecting the existing trees which are to be retained from damage 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, City of Owasso Zoning Code, Adopted via Ord. 1249 142 19.2.3 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 one-hundred-and- twenty (120) 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 stth recommended that planting of trees occur from October 1 to December 15, or from stth March 1 to May 15. 19.2.4 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. 19.2.5 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. 19.3 Street Yards. 19.3.1 Purpose. The purpose of street yards is to provide continuity of vegetation along the street right-of-way, creating a pleasing view from the road, and establishing a transition from vehicular thoroughfares, pedestrian areas, or the built environment. Minimum dimensions shall apply and shall be measured horizontally. Widths shall be measured from the respective right-of-way/property line. Where street yards turn at street corners, the length measurements determining plant quantities shall not be required to overlap. Table 19.1 below summarizes the street yard requirements. 19.3.2 Standards for Non-Residential and Multi-Family Uses. Development of all non- residential (commercial, office, industrial, public facilities), multi-family, and mixed-use type uses shall provide a street 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. The street yard shall 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 public improvements. 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 utility 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 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 City of Owasso Zoning Code, Adopted via Ord. 1249 143 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 that will be continuous in nature with no gaps in between the plantings. Shrubs shall be maintained to a height of no more than four (4) feet during their life span. 1. 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 fifty (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 (2) years after installation. All material shall provide a year-round opaque screen. 3. All screening material shall be placed in such a way as to not obscure the vision of motorists and must be out of the sight triangles as defined in the Site Design Standards. Landscape plants that are within the sight triangles shall not reach a mature height of more than eighteen (18) inches. d. Location of Required Plantings. Required plantings should be planted an adequate distance, at least five (5) feet or more as required by the utility company in question, from buried utility lines. Conflict with buried utility lines does not waive a property owner from these regulations, but the Community Development Director or their designee may allow for the relocation of required tree plantings elsewhere on the site in the event that buried utility lines prevent the desired location of these plantings as described by Code. 19.3.3 Standards for Single-Family Residential Uses. 19.3.3.1 Subdivision Standards. A Landscape Plan is required for the arterial entrance(s) to single-family, duplex, or townhome residential developments unless otherwise exempted within this Chapter. The location and types of landscaping shall be reviewed by the Technical Advisory Committee at the time of plat review to ensure upon. All landscaping 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 HAssociation (HOA) shall be required to provide perpetual maintenance of the landscaped areas. 19.3.3.2 Street Yard. All developments of single-family residential 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 City of Owasso Zoning Code, Adopted via Ord. 1249 144 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. In the event that overhead utility 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; 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. 19.3.3.3 Landscape Reserve. If a "landscape reserve" is designated on the plat next to an arterial street, the building setback line for lots adjacent to the landscape reserve may be measured from the planned right-of-way. 19.4 Interior Parking Lots. 19.4.1 Non-Residential and Multi-Family Uses. For all non-residential (commercial, office, industrial, public facilities), multi-family, and mixed-use type uses, landscaped areas shall be established and maintained in off-street parking areas as follows: a. For non-residential uses, at least one (1) shade tree and six (6) small shrubs shall be planted for every fifteen (15) parking spaces. For multi-family uses, at least one (1) shade tree and (8) small shrubs shall be planted for every ten (10) parking spaces; b. The number of required trees shall be rounded up to the nearest whole number. Landscape material shall be planted inside or within fifteen (15) feet of the edge of the back 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 plantings within internal and entry landscape islands. City of Owasso Zoning Code, Adopted via Ord. 1249 145 19.4.2Entry 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 tothe property (see Figure 19.4). Length of said islands may be required to be longer than eighteen (18) feet depending upon the size and intensity of the use. Entryislands shall contain at least one (1) shade tree. In addition, entryislands shall be landscaped with shrubs, lawn, ground cover, and other appropriate material not to exceed three (3) feet in height.All landscaping within entry islands may count towards the required number of Interior Parking Lot plantings, as outlined in this Chapter. Figure 19.4 Entry Islands Landscaped Islands along Entry Aisle 19.4.3Internal Planting 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 19.5). Figure 19.5 Internal Islands All Parking Rows Must Terminate in a Maximum 15 Landscaped Island Landscaped Entry Spaces in a Row Drive City of Owasso Zoning Code, Adopted via Ord. 1249146 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.All landscaping within internal islands may count towards the required number of Interior Parking Lot plantings, as outlined in this Section. 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 areashall be three hundred (300) square feet. 19.4.4Litter 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. 19.4.5Sites 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 SubsectiontitledEntry Islandsabove. b.Internal Islands. Thereshall 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. 19.4.6Pedestrian Island. For parking lots in excess of two hundred and fifty (250) spaces, a pedestrian landscape island (see Figure 19.6) 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) feetwide with a five (5) foot unobstructed sidewalk along oneside. 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. Figure 19.6 Pedestrian Island City of Owasso Zoning Code, Adopted via Ord. 1249147 19.4.7Landscaping 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. 19.4.8Alternative Parking Lot Island Design. Parking lot islands as described in the SubsectiontitledInternal Islandsabove may be constructed as rain gardens in order to reduce costs associated with detention and storm water infrastructure. Figures 19.7 and 19.8 provide examples of such techniques.If such techniques are employed, the number of required parking stalls may be reduced by twenty-five (25) percent. Figure 19.7 Bioswale Figure 19.8 Alternative Parking Lot Design City of Owasso Zoning Code, Adopted via Ord. 1249148 19.4.9 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. 19.4.10 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 19.1 below summarizes the parking lot yard requirements. 19.5 Buffer Yards. 19.5.1 Purpose. Buffer yards are intended to ensure that an area of appropriate size and density of plantings is planted or preserved between zoning districts and/or uses. Buffer yard widths shall be measured from the respective property line, except where buffer yards are permitted to straddle property lines, as set forth in the Subsection titled Reductions in Required Buffer Yard Permitted below. Where buffer yards turn at property corners, the length measurements determining plant quantities shall not be required to overlap. Table 19.1 below summarizes the buffer yard requirements. City of Owasso Zoning Code, Adopted via Ord. 1249 149 150 N/AN/AN/AN/AN/A (1) shade tree and one (1) Single Family Development ornamental tree and three (3) of frontage along arterial street. Minimum ten (10) feet wide, one large shrubs per fifty (50) linear feet , via Ord. 1249 wide. Adopted round opaque - Residential and - ) Development Type Family, Industrial Buffer Yard Requirements - .1 19 Residential Development spaces. - requirements. residential uses. Table every fifteen (15) parking spaces. Family -Multi Civic/Public Facilities power lines are present. City of Owasso Zoning Code, uses. Screening methods vary. family districts: twenty (20) feet - material, walls or berms to achieve the Single the square footage of the building. - screen no less than six (6) feet in height. Multi family districts: at least one (1) tree and (8) small Non - (Commercial, Office, Multi plant residential districts: at least one (1) tree and six (6) section titled - One (1) shade per fifty (50) linear feet or two (2) Required if street yard is less than thirty (30) feet. shrubs shall be planted for every ten (10) parking small shrubs for more than 15 parking spaces, at intervals between For all other districts: ten (10) feet wide for all other. parking and, when a single row of parking contains each terminus for lots more than 2.5 acres. (See the ornamental trees per fifty (50) linear feet if overhead Sub Opaque screen no higher than four (4) feet. May use Ten (10) feet for commercial and office uses abutting Twenty (20) feet for industrial Uses abutting residential Multi Fencing or vegetation to provide year Planting islands at each terminus of each single row of Non Foundation plantings required. Widths vary in relation to Areas Interior Element Loading Screening Buffer Yard Parking LotStreet YardParking Lot Landscape Service and Building Yard 19.5.2 Buffering of Development Adjacent to Residential Uses. 19.5.2.1 Multi-Family, Commercial, Office, and Public Facility Uses. Whenever a non - residential use 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 residential use or district shall provide a screening fence or wall at least six (6) feet in height along the entire property frontage abutting the residential use. Additionally, all multi-family uses shall be screened from adjacent single- and two- family uses by a screening wall or fence and these buffer yard planting requirements. 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) linear feet or portion thereof of adjacent exposure to the adjoining lot; b. One (1) medium to large evergreen tree plus five (5) large shrubs for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot; c. One (1) large evergreen tree plus one (1) large shade tree or two (2) ornamental trees for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot; d. 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 or shade tree or two (2) ornamental trees, plus five (5) small or medium shrubs for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot; or e. One (1) medium or large evergreen tree, plus (5) five 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 listed above may be reduced fifty (50) percent subject to approval by the Community Development Director or their designee. Specific Use Permit (SUP) uses adjoining 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. 19.5.2.2 Industrial Uses. Whenever an industrial use is proposed adjacent to property with a residential use or residential district, the non-residential use shall provide a landscaped buffer of at least twenty (20) feet in width within the non-residential property. Any industrial use that abuts a residential use or district 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; 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; City of Owasso Zoning Code, Adopted via Ord. 1249 151 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 be 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. 19.5.3 Standards for Buffer Yard Development. 19.5.3.1 Prohibited Uses. The construction of any building or the placement of any mechanical equipment within the landscape buffer yard is not permitted except for equipment necessary for the provision of utilities. Signs may be placed within the buffer yard consistent with the Chapter titled Signs in the Owasso Zoning Code. Active recreational uses, such as play fields, swimming pools, racquetball and tennis courts, or other active, structured recreational uses, or circulation drives and parking lots, shall not be permitted in the buffer yard. 19.5.3.2 Permitted Uses. The following other uses may be permitted in a buffer yard provided that none of the required plant material is eliminated, the intended screening is accomplished, the total width of the buffer yard is maintained, and all other requirements of this Section are met: a. Passive recreation; b. Sculpture, outdoor furniture, picnic areas, golf courses, or pedestrian, bike or equestrian trails; c. Storm water detention or retention basins; and d. Parks and open space. 19.5.3.3 Reductions in Required Buffer Yard Permitted. Where a dedicated buffer yard exists on an abutting property, a reduction or elimination in a buffer yard for a property 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 c. Section. The net buffer shall include the cumulative total for both required buffers. 19.5.3.4 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 City of Owasso Zoning Code, Adopted via Ord. 1249 152 existing plants. Only plants required to meet the provisions of this Chapter shall be required to be listed. 19.5.3.5 Application toward Setback Requirement. Buffer yard areas shall be counted towards the required building setbacks. 19.5.3.6 Designation of Buffer Yard as Landscaped Area. Buffer yards shall be designated as landscaped areas on the application for development approval and as landscape easements when shown on a subdivision plat. The buffer yard shall be recorded with the title of the property as a landscape buffer yard easement. 19.5.3.7 Buffer Yard on Property Line. When platting abutting lots, the applicant may dedicate a buffer yard that straddles the property line, provided the cumulative buffer width is maintained for both yards. 19.5.3.8 Existing Fences. It is the responsibility of the non-residential or multi-family, whichever the case may be, developing property to provide the buffer yard. Existing perimeter fences that may be present in an existing single-family neighborhood, for example, do not relieve the developing property owner(s) from providing the required buffer yard. If existing fences are present on adjoining properties the fencing requirement may be waived, if the developing property owner can secure in writing letters from adjoining property owners supporting the continuance of the existing fence. However, this does not relieve the applicant from future repairs or maintenance should said fence be damaged or need replacement. 19.5.4 Exemptions. Certain uses are exempt from the buffer requirements as described in this Section. Exemptions include, but are not limited to the following: a. Lots or parcels on which the uses or buildings demonstrate compatible design elements and are linked to adjacent lots or buildings by a common system of sidewalks or other pedestrian walkways across property lines; b. Lots or parcels separated by a public street right-of-way greater than thirty (30) feet in width; c. Lots or parcels separated by a railroad right-of-way; and d. Between similar land uses if one (1) of the following scenarios exists: 1. In 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 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. City of Owasso Zoning Code, Adopted via Ord. 1249 153 19.6 Building Yards. 19.6.1 Purpose and Applicability. For all non-residential (commercial, office, industrial, public facilities), multi-family, and mixed-use uses, building yard plantings shall be required. 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. Table 19.2 summarizes the building yard requirements. 19.6.2 Yard Types. There shall be three (3) different categories of building size for purposes of determining the building yard type. The Community Development Director or their designee may allow for alternative compliance to the required building yards. Such alternatives may include, but are not limited to, 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 large planters. Buildings less than three thousand (3,000) square feet are exempt from the requirements of this Section. a. Category 1. Buildings 3,000 square feet to 9,999 square feet of building footprint. 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. 19.6.3 Building Yard Calculations. Table 19.2 identifies the building yard requirements based on the size of the structure around which the building yard is to be located. Table 19.2 Building Yard Landscaping Requirements Building Required Required Required Small Width Yard Shade Trees Ornamental or Medium Evergreen Shrubs (Minimum) Category (Minimum) Trees (Minimum) (Minimum) 1 4 feet N/A 1 per 30 linear feet 8 per 30 linear feet 2 6 feet 1 per 50 linear feet 1 per 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 19.7 Screening Required. 19.7.1 Mechanical Equipment and Service Areas. Mechanical equipment, trash and recycle bin 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 19.9). Additionally, the following standards shall apply to all trash enclosures, recycle bins, and/or dumpster areas: a. A concrete approach loading pad shall be constructed in front of all refuse enclosures. Such pad shall be at least twelve (12) feet wide by twelve (12) feet long, and a minimum of six (6) inches thickness of concrete; and City of Owasso Zoning Code, Adopted via Ord. 1249 154 b.An unobstructed approach path of not less than fifty (50) feet in length shall be required to allow a thirty-five (35) foot long collection truck to access the refuse structure, unless the Community Development Director or their designee determines that the property is constrained by unique size or location. A turn- around area of sufficient length shall be provided to allow the collection truck to exit without backing out onto public right-of-way (see Figure 19.10). Figure 19.9 Trash Enclosures and Dumpster Areas Figure 19.10 Dumpsters and Recycled Material Bins 19.7.2Utilities.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 ground utility boxes shall be screened. All screening materials shall meet the utility company standards. City of Owasso Zoning Code, Adopted via Ord. 1249155 19.7.3Rooftops.The architectural design of buildings shall incorporate design features which screen, contain, and conceal all rooftop heating, ventilation, air conditioning units, or similar units around all sides (see Figure 19.11). This can be accomplished using parapets or screening boxes around the individual units, or a combination of the two. Figure 19.11 Mechanical Equipment Screening on Roofs Rooftop Equipment Parapet Wall Equal to Equipment Height Rooftop Equipment Screening Equal to Equipment Height Materials Match Primary Façade 19.7.4 Outdoor Storage Areas. When permissible outdoor storage is utilized, such storage shall be visually screened from properties zoned office or residential, public streets, and alleys by an opaque fence not less than six (6) feet in height or by a building structure. Outside storage areas shall be placed on an all-weather surface. An aggregate base course (ABC) may be used so long as separator fabric is placed beneath the ABC to reduce weeds and grass. The required screening fence may be part of theLandscape Plan requirement outlined in this Chapter. 19.7.5Outdoor Display Areas. In all districts where the outside display of merchandise for sale is permitted, such display shall be allowed only as an accessory use to the primary use on the same lot or tract of land. In all districts where the outside display of goods is permitted, such display of goods for sale incidental to a retail use shall not be required to be screened in accordance with the provisions in this Chapter. In all districts where the outside display of goods is permitted, such display shall conform to all of the following requirements: a.Where outside display is located adjacent to a building, an unoccupied area of not less than four (4) feet in width shall be provided for pedestrian access between any outside display and vehicle overhang areas of any adjacent parking lot; b.In no instance shall outside display of merchandise be located within, nor encroach upon, a fire lane, maneuvering aisle, unimproved surface, or landscaped area; c.Outside display shall be situated so as not to create a visibility obstruction to moving vehicles within a parking lot; d.The area devoted to outside display shall not exceed five (5) percent of the total floor area of the building occupied by the use to which such outside display is accessory; e.Outside display shall not block or impede access to a fire connection; f.Outside display shall be prohibited in any right-of-way except where allowed by a license agreement with the City; and City of Owasso Zoning Code, Adopted via Ord. 1249156 g.Any parking stalls covered by outdoor display areas shall not be included in the parking calculations for the proposed use. 19.8Tree Preservation Credits. 19.8.1Tree 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. 19.8.2 Earth ChangePermit.An Earth Change Permit may be required per the adopted Engineering Design Criteria and Construction Standards of the City of Owasso.Clear- cutting should be avoided at all costs as the preservation of existing trees provides a benefit to the community. 19.8.3Tree 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 SubsectiontitledLandscape Maintenancebelow shall be considered for credit. The Table 19.3below references the caliper of the tree measured at Diameter Breast Height (DBH): Table 19.3 Tree Preservation Credits Diameter Breast HeightCredit Less than 2 inchesNo credit 2 to 3 inches1 tree 4 to 16 inches2 trees 17 to 30 inches3 trees Larger than 30 inches4 trees 19.9Design Considerations. 19.9.1Overhead UtilityLines.The presence of overhead utilitylines requires street yard trees to be ornamental trees. In the event that overhead utilitylines 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.Larger shade tree varieties are encouraged where overhead utilitylines are not present or in situations where the crown of the tree will not interfere with the utilitylines (see Figure 19.12). Figure 19.12 Trees and UtilityLines 19.9.2Sight 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 SectiontitledSight Trianglesin the Chapter titledSite Design Standardsin the Owasso Zoning Code). City of Owasso Zoning Code, Adopted via Ord. 1249157 for information regarding required plantings and their relation to sight triangles. 19.10 Specifications for Plant Materials. 19.10.1 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 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 installation. 19.10.2 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. 19.10.3 Inorganic Ground Cover. Inorganic ground cover consisting of river rock or similar materials may be used provided they do not exceed twenty (20) percent coverage of the required landscape planting area. Pea gravel is prohibited in any parking lot island, buffer yard, or street yard. 19.10.4 Selection of Plant Materials. All plant material except ground cover shall be those plants that are accustomed to growing and thriving in USDA plant hardiness zones 6b or 7a and are capable of withstanding extended periods of heat and/or drought. Whenever possible, the planting of native species shall be prioritized over non-native species. Consideration 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 Material. The Community Development Director or their designee shall 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 the 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 relocation of more than twenty-five (25) percent of the plant materials shall require a new Landscape Plan and approval through the plan review process. City of Owasso Zoning Code, Adopted via Ord. 1249 158 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. c. Prohibited 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. Species listed by the Oklahoma Invasive Plant Council should be avoided. The following trees are not allowed to be counted towards landscaping requirements and are not recommend to be planted: 1. Cottonwood (Populus deltoides) 2. Bradford Pear ( 3. Tree of Heaven (Ailanthus altissima) 4. Osage Orange (Maclura pomífera) 5. American Elm (Ulmus americana)* 6. Silver Maple (Acer saccharinum) 7. Box Elder (Acer negundo) 8. Norway Maple (Acer platanoides) 9. Mimosa (Albizia julibrissin) 10. Lombardy Poplar (Populus nigra) 11. Black Locust (Robinia pseudoacacia) 12. Golden Bamboo (Phyllostachys aurea) *Note: Certain species that are resistant to Dutch Elm Disease may be permitted. 19.10.5 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 Section. Spray or drip irrigation is required for all planting areas. All required landscaping shall be maintained 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 of trash, litter, weeds, and other materials or plants not a part of the landscaping. After initial installation, it shall be the responsibility of the owner and/or tenant of the property upon which the landscaping is installed to maintain all required plantings in a healthy, vigorous, and attractive state, or to replace dead, diseased, or deteriorated plants. Within residential subdivisions, the maintenance of street trees in planting strips between curbs and sidewalks which are within the street right-of-way shall be the responsibility of the respective HAssociation, or the abutting homeowner in the absence of a HAssociation. If after three (3) years following installation of required screening plant materials the plants have not formed an effective screen, or if an effective screen is not maintained, the Community Development Director or their designee may require that another type City of Owasso Zoning Code, Adopted via Ord. 1249 159 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 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. 19.10.6 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. 19.11 Fencing Requirements. All residential uses (including but not limited to single-family attached and detached, duplexes, multi-family, mobile homes, etc.) that back up to any arterial road shall be screened with a solid opaque fence to provide screening of the rear yards of the residential property. Parks, swimming pools, and other amenities included within a residential subdivision and adjacent to an arterial may be bordered with a decorative fence, approved by the Community Development Department, in lieu of a screening fence. Screening fences shall not be less than six (6) feet nor more than ten (10) feet in height; provided that such fences shall not be permitted in any stormwater drainage easement, established floodplain, sight triangle areas, nor block ingress and egress. All non-residential uses shall be screened from any adjacent residential uses by a screening wall or fence. Additionally, all multi-family uses shall be screened from adjacent single- and two-family uses by a screening wall or fence. Such screening wall or fence: a. Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation; b. Shall not be less than six (6) feet in height; c. Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance; d. Shall be constructed prior to the occupancy of the building or initiation of the use required to screen; and e. Shall be of the type of materials compatible with the surrounding area. All new wooden screening fences, including replacements for existing wooden screening fences that are required by the Zoning Code or are constructed as perimeter fencing for new subdivisions, shall have the vertical support posts constructed of permanent building materials that may include but not be limited to a minimum of schedule forty (40) galvanized steel posts with an outside diameter equal to or larger than two and three-eighths (2 3/8) inch, masonry columns at least one (1) foot square, or PVC fencing using dual extruded PVC posts. Required screening fences, as well as privacy fences that are not required by this Code, shall be constructed with all braces and supports on the interior. The Community Development Department may permit alternative support posts as part of any Site 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 City of Owasso Zoning Code, Adopted via Ord. 1249 160 materials. Any existing fence otherwise lawful at the time of construction and thereafter maintained may continue throughout its useful life; however, the replacement of such fence or other repair of more than thirty (30) consecutive linear feet shall require the replacement or repair to conform to the standards listed herein. Unless otherwise approved by the Community Development Department, all fencing shall be uniform in height. Replacement fencing/screening, excluding support posts, shall retain its original height and material and the top elevation shall match the adjoining elevation. The exterior of required screening fences shall be uniform for the entire length of the development. 19.11.1 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 within the Owasso Zoning Code. Fences shall not be constructed in the street right-of- way. If additional fences are constructed on the residential lot, such fences adjoining any arterial, collector, or minor street, shall be not less than six (6) feet or more than eight (8) feet in height. Fences adjoining a highway shall be not less than six (6) feet or more than ten (10) feet in height. Fences in residential areas may be constructed on property lines, in side yards, and rear yards. However, no fences higher than forty-eight (48) 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 such fence built between the building setback line and the property line must be so constructed as to allow the driver of a vehicle on the neighboring lot to have a clear view of the street and all traffic thereon, for a distance of seventy-five (75) feet in each direction from the point of entrance into the street right-of-way from the neighboring lot. For the purpose of this Subsection, the rear portion of the corner lot will be deemed to abut a neighboring side yard only if the two (2) yards form a common boundary along the majority of their length. 19.11.2 Fences in Flood and Drainage Areas. No fencing shall be allowed in the floodway. No fences, other than open split rail, chain-link, or barbed wire shall be constructed in any 100-year floodplain area, including the city-regulatory floodplain. No fences other than open split rail, chain-link, or barbed wire shall be constructed in drainage easements that are not in the 100-year floodplain area unless the owner has been given the written approval of the Public Works Department following their investigation of the consequences to the drainage. City of Owasso Zoning Code, Adopted via Ord. 1249 161 CHAPTER 20 OUTDOOR LIGHTING 20.1General Description. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort. Outdoor lighting shall be designedto ensure maximum light levels that do not create or cause glare onto nearby properties and public street rights of way; and to minimize up-light. 20.2Light 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). 20.3General Standards for Outdoor Lighting. 20.3.1All Zoning Districts exceptRE, RS, and RD.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 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 be provided during hours of operationfor non-residential developments. Unless fully shielded, all flood lights shall be installed such that the fixture shall be aimed down at least forty-five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. Flood lights and display lights shall be positioned such that any such fixture located within fifty (50) feet of a public street right-of-way is mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed fifteen (15) degrees from perpendicular to the right-of-way (see Figure 20.1). Figure 20.1 Floodlights City of Owasso Zoning Code, Adopted via Ord. 1249162 Lights on porches, above doors, in outdoor living spaces, and other similar lighting fixtures installed in conjunction with multi-family residential uses shall be shielded and directed away from adjacent single-family districts or uses. All parking areas shall be illuminated for safety, including those constructed in conjunction with multi-family residential developments. 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 within public rights-of-way or easements by public agencies, their agents, or contractors for the purpose of illuminating public streets or other general public good, 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 fixtures. The applicability of this provision may be reviewed on an individual basis for multi-family residential developments. All temporary lighting erected in conjunction with permitted temporary or special events, or temporary decorative lighting, shall be exempt from the requirements of this Chapter. 20.3.2 RE, RS, and RD Districts. The requirements for outdoor lighting outlined within this Chapter shall not apply to single-family residential or duplex uses. It is recommended that adequate lighting be provided in association with all single-family residential and duplex developments. 20.3.3 LED Lighting. For all districts, the use of LED lighting is strongly encouraged. 20.4 Parking Lot Lighting. Any light pole adjacent to residential districts shall not be higher than twenty (20) feet and shall be shielded. Any light pole higher than thirty (30) feet must be LED, regardless of adjacent zoning district. The applicability of this provision may be reviewed on an individual basis. All non-cutoff fixture open-bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit up-light. All parking lot lighting requirements listed in this Section may be modified by the Community Development Director, or their designee, 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. 20.5 Outdoor Sports Field/Outdoor Performance Area Lighting. 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. 20.6 Sign Lighting. Lighting fixtures illuminating signs shall be aimed and shielded so that direct illumination is focused exclusively on the sign. The lighting of any signs must also comply with the Chapter titled Signs in the Owasso Zoning Code. 20.7 Lighting of Commercial Buildings and Landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building façade, 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. City of Owasso Zoning Code, Adopted via Ord. 1249 163 20.8 Lighting Plans Required. The applicant for any Site Plan approval, as outlined in the shall be required to submit a plan for all work involving outdoor lighting. Said lighting plan shall be submitted at time of Site Plan submission and shall attest 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 indicate compliance with the maximum maintained foot-candles required by this Code. The Community Development Director or their designee may require a Photometric Plan for the development that shall contain but not be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in this Code: a. Description of the illuminating devices; b. Fixtures; c. Lamps; d. Supports; e. Reflectors; f. Poles; g. Raised foundations; h. Other devices including but not limited to manufacturers or electric utility catalog specification sheets and/or drawings; and i. Photometric Plan indicating fixture classification (cutoff fixture, wall pack, flood light, etc.). City of Owasso Zoning Code, Adopted via Ord. 1249 164 CHAPTER 21 ACCESS GATES FOR GATED COMMUNITIES 21.1 Access Gate Requirements and Standards. 21.1.1 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 review and recommendation of the Owasso Planning Commission and, in the case of Final Plats, the approval of 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 gates. 21.1.2 Distance between Gates and Public Streets. Any gate shall be located a sufficient distance from a public street to allow two (2) cars to line up at the gate so as to completely clear the right-of-way of the abutting public street without interfering with vehicles utilizing the public street. An adequate queuing distance on the opposite side of the gate, to allow two (2) cars to line up at the gate in anticipation of entering the public right-of-way, shall also be provided. A turn around lane shall be provided for vehicles unable to enter the gated development. 21.1.3 Prohibition of Tire Damaging Devices. Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on gates shall also be prohibited. 21.1.4 Validity of Other Ordinances. Use of controlled access does not negate other City of Owasso ordinances, including but not limited to those enforceable by the City of Owasso Code Enforcement Officer. 21.1.5 A HAssociation (HOA) or a similar entity shall be established and the name, addresses, and emergency contact numbers provided to the Owasso Fire Department and Owasso Police Department. The HAssociation shall be responsible for the following: a. Maintenance and repairs of the private streets and fire lanes, and to provide the funds for such; b. Maintenance testing and repairs of all functions of the gates; c. Accompanying the Fire Department officers during annual inspection and testing of the opening systems; and d. Maintaining a service agreement with a qualified contractor to insure year- round maintenance. 21.1.6 Gate Width. The minimum gate opening width, including clearance for all improvements related to the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress and egress gates. 21.1.7 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 H Association. An emergency release or hitch pin shall be installed on the control arm. City of Owasso Zoning Code, Adopted via Ord. 1249 165 21.1.8 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. 21.1.9 Access System. The gate shall be equipped with access systems as approved by the Owasso Fire Department and Owasso Police Department. 21.1.10 Design Standards for Streets. All streets in the development shall meet the requirements, including inspections and testing, of the Subdivision Regulations and the Engineering Design Criteria and Construction Standards of the City of Owasso, unless an alteration is approved by the Public Works Director or their designee. 21.1.11 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. 21.1.12 Minimum Covered Entry Height and Width. When a covered entry structure is requested, the minimum height shall be no less than sixteen (16) feet. The width shall be no less than twenty (20) feet. 21.1.13 Access and Easements Required. Any developer, HAssociation, 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. All private roadways, and associated access gates, shall be placed within a Reserve Area, as established on the subdivision plat. 21.1.14 Inspections and Maintenance Required. The developer, HAssociation, or other responsible property owners shall provide for annual inspection of each gate to ensure that each gate is tested to meet all of the construction requirements prior to it being approved for operation or continued operation at any point the gate fails to meet the standards. The verification of the access agreement and a copy of the latest inspection form will be kept on file with the Owasso Fire Marshal including the -hour-a-day telephone number(s). The developer, HAssociation representative, or responsible property o address, and telephone number shall be a minimum requirement for approval of the annual inspection of the gate. City of Owasso Zoning Code, Adopted via Ord. 1249 166 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. 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 Adjustment (BOA). Abutting: In the context of a screening or enclosure requirement, abutting shall mean contiguous or separated there from only by a non-arterial street or alleyway. 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 shall 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 residential unit. Accessory Uses or Structure: A structure or use that: a. Is subordinate in area, extent, and purpose to the principal use; b. Contributes to the comfort, convenience, or necessity of the principal use; and c. Is located on the same lot and in the same zoning district as the principal use. Active Recreation: A developed space or area catering to team-oriented sports played on fields or courts or a motorized sport activity. Said recreation would include but not be limited to tennis facilities, ball fields, ATV 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. All-Weather Surface: A hard surface material that is dust-free (asphalt/cement), during ordinary use, of withstanding without substantial deterioration, normal weather conditions. 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 Community Development Director or City of Owasso Zoning Code, Adopted via Ord. 1249 167 their designee shall determine if an amenity meets the intent of this language. In most cases, parking should be provided for the amenity. 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. Applicable Law: All applicable Federal State, and City laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. Applicant: Any person submitting an application. 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 a position flat against building when not in use. Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. Battery Energy Storage Systems (BESS): One (1) or more devices capable of storing energy at a fixed location in order to supply said electrical energy at a future time. Board of Adjustment: The Board of Adjustment of the City of Owasso, Oklahoma. Building: A structure which is permanently affixed to the land, has one or more floors and a roof, and is bounded by either another 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 wall to the highest horizontal point of the structure. Spires, religious ornamentation, and other minor ornamental architectural features shall not be included in the measurement of vertical dimensions for this purpose. Building Official: The officer or other designated authority charged with the administration and enforcement of this Code or a duly authorized representative. Building Setback: The horizontal distance from the point of measurement, such as the centerline of an abutting street or 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. Carport: A permanent roofed structure permanently open on at least three (3) sides, designed and constructed specifically for the storage of one or more automobiles. City of Owasso Zoning Code, Adopted via Ord. 1249 168 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: The City of Owasso, Oklahoma. 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. 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 Sign: Signs that denote the architect, engineer, contractor, lending institution, or other related business when placed upon work site under construction. Copy Area: The net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, 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 roof line, including eaves and other roof overhang. Critical Root Zone (CRZ): A circular region measured outward from a tree trunk representing the The critical root zone is one foot (1) of radial 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 of this Code. DBH (Diameter at Breast Height): 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: 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. City of Owasso Zoning Code, Adopted via Ord. 1249 169 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 branch extending from the outermost edge to the ground. Dust Free Surface: Surface constructed of double bituminous concrete or asphaltic concrete. Dwelling: A building or structure used in whole or in part for human inhabitation. Dwelling, Apartment: A room or suite of rooms with toilet and culinary accommodations, used or designated for use as a residence by a family. Dwelling, Apartment/Bungalow Court: A group of three (3) or more attached or detached one (1) story residential dwellings having a common court or yard. Each dwelling will have a separate entrance. Dwelling, Condo: A multiple dwelling development containing individually-owned dwelling units with jointly owned and shared areas and facilities. Dwelling, Duplex: A residential structure containing two (2) dwelling units, sharing a common wall(s), each of which has direct access to the outside, and certified as complying with the Building Code of this jurisdiction. Dwelling, Manufactured: A factory-built, single-family structure that is manufactured under the authority of The National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, has undergone at least partial prefabrication or preassembly under 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 following sub-classes: a. Pre-Cut: A manufactured dwelling involving no preassembly but all components have been cut and fabricated 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: 1. 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 City of Owasso Zoning Code, Adopted via Ord. 1249 170 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, containing one (1) dwelling unit, certified as complying with the Building Code of this jurisdiction whether constructed on or off site. This shall include, but is not limited to, manufactured homes, tiny homes, container homes, modular homes, stick-built homes, and mobile homes. 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 other in individual units. Dwelling Unit: One (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner or renter occupancy, and containing independent cooking and sleeping facilities and sanitary facilities. Oklahoma Fair Housing Law standards shall apply. Dwelling Unit per Acre (DU/AC): 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: The projecting lower edges of a roof overhanging the wall of a building. Egress: A means or place of going out; an exit. Electric Vehicle: A vehicle that is powered either partially or exclusively by electrical energy contained within an on-board battery or other similar device. Electric Vehicle Charging Systems: A battery charging device, and all associated equipment, often installed in conjunction with a public or private parking stall, whose primary purpose is to transfer electrical energy to a battery or other energy storage device within an electric vehicle. Energy Efficient: Delivering more services for the same energy input or the same 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. Exterior Insulation Finishing System EIFS: A non-load-bearing exterior wall cladding system that consists of an insulation board attached either adhesively or mechanically, or both, to the substrate; an integrally reinforced base coat; and a textured protective finish Façade: 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. City of Owasso Zoning Code, Adopted via Ord. 1249 171 Façade, Front: Those building façades 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 façades. 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. 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 adjoining a watercourse or drainage way which would be inundated by the floodwater of the regulatory flood based on full urbanization of the watershed. Floodway: The channel of a watercourse or drain way and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood. Floodway Fringe: Those portions of the floodplain which are not reasonably required to carry and discharge the floodwater of the 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 separating two (2) buildings. Provided that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off-street parking areas shall not be included. Floor Area Ratio: The floor area of a building or buildings on a lot divided by the lot area. Food Truck/Trailer Mobile Food Vendor: A Mobile Food Vendor operating from a vehicle, trailer, or cart that is designed and equipped to prepare, cook, and serve open food products. Typically moves to different locations daily and operates in non-residential areas. Does not stay in one (1) location longer than seventy-two (72) hours. Footprint, Building: The physical ground-level boundaries of a structure or building, covering the area included within its outer-most walls. In the absence of surrounding exterior walls, the footprint Foster Home: A dwelling used in 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. 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. City of Owasso Zoning Code, Adopted via Ord. 1249 172 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 an approved thickness, or other 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 by the resident thereof, provided that the use is limited in extent and is incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. Home Occupation: Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes. Horticulture: The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. One Hundred Year-Frequency Flood: A flood having an average frequency of occurrence once in one hundred (100) years, although the flood may occur in any year. It is based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and runoff characteristics in the general region of the watershed. Ingress: A means or place of entering; the act of coming in; an entrance. In-Home Daycare: A dwelling in which a permanent occupant of the dwelling provides the care of children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and who are not dependents of the occupant do not reside on the site. For the purpose of this Ordinance, such activities shall meet all requirements for home occupations. If children are the primary clients of the use, the home must meet all state standards for registration and 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. Level, Electric Vehicle Chargers: The standardized indicators of electrical force or voltage, at are the most common standard EV charging levels, and including the following specifications- a. Level 1 is considered the slowest charging, where voltages range from 0 to 120. City of Owasso Zoning Code, Adopted via Ord. 1249 173 b. Level 2 is considered to be a medium charging speed, where voltages range from anything greater than 120 to 240. c. Level 3 is considered the fastest charging, where voltages exceed 240. 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. Loft Apartment: A dwelling unit that is typically found in previously non-residential buildings. 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. Where the lot abuts more than one (1) street, the owner may select the front lot line. Lot Line, Rear: The boundary of a lot which is most distant from and most nearly parallel to the front lot line. Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot line. Lot of Record: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Clerk of the County in which the lot is located, or a parcel of land the deed of which is recorded in the office of the County Clerk of the County in which the parcel is located. Lot Width: The average horizontal distance between the side lot lines. Marquee: A roof-like structure of a permanent nature that projects from the wall of a building and may overhang a public way. Changeable lettering may be a part thereof. Masonry Material (as on a building façade): Masonry that are laid up unit by unit and set in mortar. Includes materials like brick; natural or manufactured stone; structural clay tile; indented, hammered or split-face concrete masonry unit, or a combination of these materials. Masonry-Like Construction Materials (as on a building façade): Masonry-like construction materials 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 a Building Permit even though their property does not comply precisely with the requirements of the Zoning Code or Subdivision Regulations. City of Owasso Zoning Code, Adopted via Ord. 1249 174 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. N/A: Not Applicable. Non-Combustible Material: Any material that will not ignite at or below a temperature of one thousand and two hundred (1200) degrees Fahrenheit and 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 use is a use of land, buildings, or other structures, or any combination thereof, that is non-conforming to this permitted or specific uses listed by the zoning districts identified in this Code. Non-Living Materials: Landscaping materials used to complement plants such as river rock, stone, bark, and similar materials. Non-Profit Organizations: For the purposes of this Code, non-profit organizations are those that have received the 501c3 designation. Nuisance: An interference with the enjoyment and use of property. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter that is in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Opaque: Not able to be seen through. 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. 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. Parking Space, On-Street: A space within and/or on the public right-of-way, available to all users. Such space shall permit safe ingress or egress of an automobile. Pavement: Surface constructed of double bituminous concrete or asphaltic concrete. City of Owasso Zoning Code, Adopted via Ord. 1249 175 Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind suspended from a rope, wire, or string, usually in series, designed to move in the wind. Permanent Accessory Building: A building separate from the main structure that is set on a permanent-type foundation with plumbing, electrical, or gas service connections. Place of Assembly: A building or structure, or group of buildings or structures, intended primarily for the conducting of organized assembly. May include, but is not limited to religious facilities, assembly halls, and fraternal/social clubs. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions. Planning Commission: The City of Owasso, Oklahoma Planning Commission. Planned Unit Development: A discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards. Planting Yards: The required installation of landscaping and/or screening material between zoning districts and certain individual uses. The four types of planting yards are as follows: a. Buffer Yard: A planting yard comprised of a strip of land containing landscaping and/or screening materials, having a varying minimum width, located along side and rear property lines between zoning districts and/or between certain individual uses. b. Building Yard: A planting yard comprised of a strip of land containing landscaping materials located along the front and/or sides of a building and having a varying minimum width. c. Parking Lot Yard: A planting yard comprised of a strip or strips of land containing landscaping materials located around and within a parking lot and having a varying width. d. Street Yard: A planting yard comprised of a strip of land containing landscaping materials located along the parallel to a public street, or streets and having a varying minimum width. 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 Sign: 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). Pre-Packaged Mobile Food Vendor: A Mobile Food Vendor operating from vehicle or trailer that is limited to the sale of commercially manufactured pre-packaged products or products that are prepared and packaged at a licensed food service establishment. These vendors typically travel into residential areas. Does not stay in one (1) location longer than seventy-two (72) hours. 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. City of Owasso Zoning Code, Adopted via Ord. 1249 176 Regulatory Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year based upon the full potential urbanization of the contributing watershed considering the Land Use Master Plan, adopted Floodplain Management Policies and the watershed Master Drainage Plan where adopted. Screen or Opaque Screen: Vegetation, fence, wall, berm, or a combination of any or all of these which partially or completely block the view of and provide spatial separation of a portion or all of a site from an adjacent property or right-of-way. Setback: A horizontal distance determining the location of a building with respect to a street, use district boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area", the setback shall in its application include but not be limited to buildings. Senior Housing: A multi-family structure, controlled by a public body, institutional body, or non- profit corporation, eighty (80) percent of whose occupants shall be sixty-five (65) years of age or over. Senior Housing, Assisted Living: A home or residential complex licensed for the aged or chronically or incurably ill persons in which five (5) or more of such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick. Senior Housing, Attached: Typically one (1) and two (2) bedroom apartments or condominiums designed to meet the needs of persons sixty-five (65) years of age and older. Senior Housing, Independent Living: A residential complex containing multi-family dwellings designed for and principally occupied by senior citizens. No nursing care or institutional care is provided on-site. These offer minimal convenience services, but focus on attracting elderly residents so as to provide a social support system among the residents. Shrub, Large: An upright plant growing to a mature height of more than six (6) feet for use as natural ornamentation or screening. Shrub, Medium: An upright 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 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, Banner: A temporary sign constructed of cloth, flexible plastic, or fabric of any kind with only such non-rigid material for background, usually supported by two or more poles driven into the ground. Sign, Bulletin: A sign or board constructed in connection with a non-profit, community or neighborhood center, public building, church building, or educational institution on its premises for announcement purposes. Sign, Business: A sign that directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is attached. City of Owasso Zoning Code, Adopted via Ord. 1249 177 Sign, Directional: A sign providing directions to the general public to a specific site or address in the City. Sign, Feather: A temporary sign constructed of cloth, flexible plastic, or fabric of any kind with only such non-rigid material for background, usually supported by a single pole driven into the ground. Sign, Flashing: Any sign that incorporates in any manner apparent movement achieved by electrical pulsation, contains intermittent lighting, or by other means such as sequential light phasing. Sign, Ground / Pole Mounted: A sign that is supported by one or more poles, uprights, or braces in the ground and that is not a part of a building. Sign, Ground / Surface Mounted: A sign that is mounted flush with the ground or is supported by one or more poles, uprights, or braces in the ground and that is not a part of a building. Sign, 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 light deriving from any source that is intended to cause such light or reflection. Sign, LED: An LED sign is a flat panel display which uses an array of light-emitting diodes as pixels to create a video display. Sign, Moving: Any sign, or 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, Portable: A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar object, whether in the public right-of-way or not. Sign, Roof: A sign constructed upon or above a roof or parapet of a building whether extending beyond the highest point of the building or not. Sign, Sandwich Board (A-Frame): 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 -like shape, hinged or not hinged at the top. Sign, Structure: The supports, uprights, bracing, and framework for a sign or outdoor display. Sign, Temporary: A sign that is not intended to be used or installed permanently and/or that the Community Development Director or 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. Sign, Yard: A temporary sign that is not permanently affixed or attached to the ground or another structure, which can be removed without special handling, and which can be placed on a street- facing lawn or elsewhere on a property by means of stakes or posts. Significant 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 may be among the earliest grown species of the area; or c. Which have been identified by the community in a particular area. City of Owasso Zoning Code, Adopted via Ord. 1249 178 Small Battery Energy Storage Systems (BESS): A BESS designed with storage capacity to serve only the principle use on the site, and not the overall electrical power grid. A BESS which will be used primarily as an accessory use to reduce on-site consumption of utility power. Small Solar Energy System: A solar energy system consisting of solar panels or other photo- capturing devices and associated control or conversion electronics, which will be used primarily as an accessory use to reduce on-site consumption of utility power. Small Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, fifteen (15) feet or less in height, which will be used primarily as an accessory use to reduce on-site consumption of utility power. Solar Energy System: A device/structure whose primary purpose is to harvest energy by transforming solar energy into another form of energy, to be used immediately or stored. Solar Energy System, Building-Mounted: A solar energy system that is structurally mounted/attached to a building or other permitted structure, including limited accessory equipment associated with the system (which may be mounted on the ground). Solar Energy System, Canopy: A solar energy system that consists of elevated solar capture devices/panels, installed above parking areas, on carports, and above other paved areas. 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 Adjustment (BOA). State Statute: An act of a legislature that declares, proscribes, or commands something; a specific law expressed in writing. Stationary Food Vendor: A non-permanent Mobile Food Vendor serving in one (1) location for a temporary period of time. Can be a truck, trailer, or cart. Stationary Food Vendors stay in one location (1) for longer than seventy-two (72) hours and therefore must obtain a Temporary Use Permit (TUP) from the Community Development Department. 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 location on 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 sustained 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 repair, 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 has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration affects the external 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 safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places. Telecommunications Antenna: An antenna used to provide a telecommunications service. City of Owasso Zoning Code, Adopted via Ord. 1249 179 Telecommunications: The transmission, between or among points specified by the user, or 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. 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 Storage Container: A structure separate from the main structure, whose primary purpose is to store materials or items for a limited amount of time. Often use in conjunction with renovations, moving in/out of a structure, etc. Also known as a POD. 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, or hot dog stand, etc. stationed at one (1) location); b. Short-term, temporary retail uses, also known as pop-up shops or pop-up retail; and c. Temporary outdoor activities that are carried out primarily out-of-doors for a fixed period of time, including flea markets, fireworks, displays, speeches, farm stands, seasonal sales, swap and shop market, racing meets, circuses, carnival, concerts, and parades. Some such uses may require a Special Event Permit. 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 dwelling of four hundred (400) square feet or less in floor area, excluding lofts, built within Owasso City Limits after the date of passage of this Zoning Code. This house is a permanent structure that is constructed on- or off-site and shall meet all applicable Building Code requirements. Top Plate: The horizontal timber directly carrying the trusses of a roof or the rafters. Total Height, Wind Turbine: In reference to wind turbines, the distance measured from ground level to the blade extended at its highest point. Tree, Ornamental: A small to medium tree, growing 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 tree growing to a height of forty (40) feet or more at maturity, usually deciduous, and characterized by its ability to provide shade. Utility-Scale Battery Energy Storage Systems (BESS): A BESS consisting of one (1) or more storage devices and associated equipment, that serve as the primary use on a given property, parcel, or site. A BESS system which will be used to store power for off-site consumption. Utility-Scale Solar Energy System: A solar energy system consisting of one (1) or more solar capture devices/panels and associated equipment, that serve as the primary use on a given property, parcel, or site. A solar energy system which will be used for off-site consumption of power. Utility-Scale Wind Energy System: A wind energy conversion system consisting of one (1) or more wind turbine(s) and tower(s), measuring over fifteen (15) feet in height, that serve as the primary City of Owasso Zoning Code, Adopted via Ord. 1249 180 use on a given property, parcel, or site. A wind energy conversion system which will be used for off-site consumption of power. Variance: A relaxation of a restriction of the Code, granted by the Owasso Board of Adjustment (BOA), where by reason of exceptional 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. Veterinary Clinic: A building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building but excluding outside animal runs or boarding services. Vines: A woody plant that spreads 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 (6) inches in diameter. Wind Energy Conversion System (WECS): 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. 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: 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 deemed to exist when its size exceeds sixteen (16) square feet. For the purpose of this Code, a o the business conducted therein shall be considered as a wall sign. Xeriscape: Landscaping with native plants that utilize the existing environmental conditions to the best advantage, conserving water and protecting the native environment. Yard: An open unoccupied space on a lot between a building and a lot line. Yard, Front: A yard extending along the full length of the front lot lines between the side lot lines. Yard Required: The minimum permitted distance of open unoccupied space between a building and a lot line. Yard, Rear: A yard extending along the full length of the rear lot line between the side lot lines. Yard, Side: A yard extending along a side lot line between the front yard and the rear yard. Zero Lot Line: A common lot line on which a wall of a structure may be constructed. Zero Lot Line Development: Single-family dwellings arranged on individual lots as detached structures with one or more side walls on a side property line. City of Owasso Zoning Code, Adopted via Ord. 1249 181 APPENDIX A OWASSO PLANNING COMMISSION ARTICLE I. Name. The name of this Commission shall be the Owasso Planning Commission hereinafter referred to as the "Commission". ARTICLE II. 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. Term. 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 member in 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. Section 4. 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, shall 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: chair and vice-chair. Section 1. Election of Officers. Election of said officers shall be held on an annual basis. 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. Chair. The Chair shall have the following duties: 1. Preside at all meetings; 2. Assist in preparing the agenda; 3. Follow the agenda; and 4. Allot all sides of a case to be heard. b. Vice-Chair. The Vice-Chair shall preside at all meetings in the absence of the Chair. ARTICLE IV. 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 City of Owasso Zoning Code, Adopted via Ord. 1249 182 subject to be reviewed by a standing committee and may also be outlines and passed by an affirmative vote of three members. ARTICLE V. 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 relevant State Statute. Special meetings may be held on call of the Chair at such time and place as may be designated. Section 2. Quorum. Three (3) members shall constitute a quorum. ARTICLE VI. 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 VII. For the purposes of rulings from the chair or other parliamentary decisions, Robert's Rules of Order Newly Revised shall control. ARTICLE VIII. Amendment of Bylaws. Any proposed amendment to these by-laws shall be presented in writing to the members of the Commission at a meeting and shall require an affirmative vote of three (3) members. City of Owasso Zoning Code, Adopted via Ord. 1249 183 APPENDIX B OWASSO BOARD OF ADJUSTMENT ARTICLE I. Name. Oklahoma State Statute provides for the creation of a Board of Adjustment (BOA) of the City of Owasso, Oklahoma. 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 City Limits and shall be nominated by the Mayor and confirmed by the City Council of Owasso. Section 3. Term. 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 member in 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. Section 4. Code of Ethics. Any member to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning the Board, shall 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 matter. 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: Chair and Vice-Chair. Section 1. Election and Officers. Election of said officers shall be held on an annual basis. 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 Board for the unexpired term only. Section 2. Duties and Responsibilities. a. Chair. The Chair shall be responsible for presiding at the meeting of the Board and ensuring that all requirements of the ordinances of the City of Owasso and the laws of the State of Oklahoma are met. The business of the Board shall be conducted in an orderly manner keeping in mind at all times that each member of the Board is an equal. This position shall be in the nature of a moderator and as a spokesperson to the public for Board statements, policy, or procedures for the conduct of Board business. b. Vice-Chair. The Vice-Chair shall serve as Chair in the absence of the Chair and at those times comply with the responsibilities and duties of the Chair. City of Owasso Zoning Code, Adopted via Ord. 1249 184 c. Board Members. 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. Notice of Public Hearing. The Owasso Board of Adjustment (BOA) shall give notice in compliance with the adopted Oklahoma State Statute and then conduct a public hearing before acting on any appeal from a determination of a City of Owasso Administrative Official, interpretation or before granting any Special Exception or Variance. The responsibility of giving proper and timely notice and paying all costs thereof shall be that of the applicant. Any action taken by the BOA on an application at a public hearing shall become null and void if the applicant fails to comply with requirements set forth herein. ARTICLE V. Meetings. Section 1. Time and Place. The meetings of the Board shall be held in the City Council Chambers at City Hall, unless otherwise set by relevant State Statute. 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 Chair at such time and place as may be designated. Section 2. Quorum. Three (3) members shall constitute a quorum. ARTICLE VI. 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), a majority vote of the members present at the meeting shall be decisive. The vote shall be by roll call. ARTICLE VII. Parliamentary Procedure. For purposes of rulings from the chair or other parliamentary decisions, Robert's Rules of Order Newly Revised shall control. ARTICLE VIII. Meeting Procedure. Section 1. Opening Procedure. a. The Chair, or in the absence of the Chair the Vice-Chair, shall call the meeting to order noting the time and date, and shall call the roll indicating those members absent. Before order of business shall be conducted on any Board of Adjustment application, or any item that requires publication, the Chair shall check to assure that all requirements 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 Chair in the order that it appears on the published agenda unless otherwise agreed to by a majority vote of the Board members present. City of Owasso Zoning Code, Adopted via Ord. 1249 185 Section 2. Public Hearing Procedure. a. The Chair shall call on Staff for a detailed statement and history of the item under consideration. b. The Chair shall call on applicant or applicant's representative for presentation of the application. c. After presentation of the application as above set out, the Chair shall provide all persons present an opportunity to speak for or against the application. The order of speaking opportunity shall be determined by the Chair. The Board may by majority vote at any time call a halt to speaking opportunity when it appears the statements are repetitious. 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 Chair, 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 Chair 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. ARTICLE IX. Amendment of Bylaws. Any proposed amendment to these by-laws shall be presented in writing to the members of the Board at a meeting and shall require an affirmative vote of three (3) members. ARTICLE X. Fees. Application fees for a Board of Adjustment application shall be paid to the City of Owasso. The amount of the fees shall be established by resolution adopted by the Owasso City Council. ARTICLE XI. Appeals from the Community Development Department or City of Owasso Official. Section 1. General. An appeal to the Owasso Board of Adjustment (BOA) may be taken by any person aggrieved 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. Section 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). 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. Section 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. City of Owasso Zoning Code, Adopted via Ord. 1249 186 The Board shall make its decision within thirty (30) days after the final hearing, and the decision shall be in writing and filed of record in the office of the City Clerk. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Community Development Department. Section 4. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Owasso Board of Adjustment (BOA), after the notice of appeal shall have been filed with them, that by reason of facts stated in the certificate, a stay would in their opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board or by the Court of proper jurisdiction on due and sufficient cause shown. ARTICLE XII. Interpretation. Where a question arises as to the zoning district classification of a particular use, or the applicability of any adopted City Codes or Standards, the Owasso Board of Adjustment (BOA), upon written request of the Community Development Director or their designee, shall determine the classification of the use or zoning district in question or whether Staff interpretation of the Code is appropriate. ARTICLE XIII. Variances. Section 1. General. The Owasso Board of Adjustment (BOA), upon application and after notice (when notice is required) and public hearing, may grant Variances from the terms of this Code only upon a finding that the Variance will not cause substantial detriment to the public good or impair the spirit, purposes, and intent of this Code or the Land Use Master Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of this Code will result in unnecessary hardship. The Board shall act only within the confines as outlined in Oklahoma State Statute. Section 2. Application. A 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. Section 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; 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. Section 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. City of Owasso Zoning Code, Adopted via Ord. 1249 187 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. ARTICLE XIV. Minor Administrative Variances. Section 1. General. A Minor Administrative Variance is a small variation from the requirements of the Zoning Code. A Minor Administrative Variance approval is essentially a certificate of permission, because it allows the property owner to obtain a Building Permit or 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 Administrative Variance, the applicant shall meet with the Community Development Director 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 Administrative Variance. Section 2. Authorized Administrative Adjustments. A Minor Administrative Variance can be granted for the following: a. A decrease in the required front setback of up to ten (10) percent. b. A decrease in the required rear setback of up to ten (10) percent. c. An encroachment into a required side setback building setback of up to two (2) feet. d. A decrease in in the required minimum lot width of up to five (5) percent. e. A decrease in the required minimum lot size of up to ten (10) percent. Section 3. Hearing and Criteria. A request for a Minor Administrative Variance shall be submitted in the same manner as other Variance requests requiring Board approval, including application, supporting materials, and fee. An administrative hearing shall be held by the Community Development Director or their designee who shall determine, based on the evidence provided, whether to approve or deny the Minor Administrative Variance request. The Community Development Director, or their designee, shall consider whether: a. The granting of the Minor Administrative Variance will ensure the same general level of land use compatibility as the otherwise applicable standards, b. The granting of the Minor Administrative Variance will not adversely impact adjacent land uses and/or the physical character of uses in the immediate vicinity of the subject property; and c. The granting of the Minor Administrative Variance will be consistent with the purpose and intent of the Owasso Zoning Code, Subdivision Regulations, and the most recently adopted Land Use Master Plan. Section 4. Notice Requirements. Notice of hearings regarding requests for Minor Administrative Variances shall be done in compliance with the adopted Oklahoma State Statute. Section 5. Appeals. An appeal of a decision made by the Community Development Director, or their designee, may be made to the Board of Adjustment. Said appeal must be filed with the Community Development Department and with the Secretary of the Owasso Board of Adjustment within ten (10) days of the initial administrative hearing. The Board shall consider such an appeal in the standard manner in which they consider Variance requests. City of Owasso Zoning Code, Adopted via Ord. 1249 188 ARTICLE XV. Special Exceptions. Section 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 and/or expansion of a non-conforming use as provided in the Chapter titled Non-Conform b. The restoration of a partially destroyed structure containing a non- conforming use as provided in the Chapter titled Non-Conform Owasso Zoning Code; c. The restoration of a partially destroyed non-conforming structure as provided in the Chapter titled Non-Conform Code; d. Carports as described in the Section titled Accessory Uses and Structures in 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 Accessory in the Chapter titled Residential District Provisions in the Owasso Zoning Code. Section 2. Application. A request for a Special Exception shall be initiated by the filing of an application with the Community Development Department and shall be set for public hearing by said Department in accordance with the rules established by the Owasso Board of Adjustment (BOA). Section 3. Procedure. Submit application to the Community Development Department. The Community Development Director or their designee shall consider these factors when evaluating a request for a Special Exception: a. Will the placement of the structure impact parking and circulation patterns? b. What is the nature of any protests to the request? c. Will the placement of the structure impact any above or below ground utilities? Section 4. Board of Adjustment Action. The Owasso Board of Adjustment (BOA) shall hold the public hearing and may, upon the concurring vote of three (3) members, grant the Special Exception after finding that the Special 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 Exception, shall prescribe appropriate conditions and safeguards and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached. Section 5. Time 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 void, provided that the Board has not extended the time for utilization. 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. City of Owasso Zoning Code, Adopted via Ord. 1249 189 ARTICLE XVI. Appeals to the District Court. Section 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 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. Section 2. Stay of Proceedings. An appeal to the District Court stays all proceedings in furtherance of the action appealed unless the Chair of the Board certifies to the Court Clerk, after notice shall have been filed, that by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the District Court. City of Owasso Zoning Code, Adopted via Ord. 1249 190 CHAPTER 3 SUBDIVISION REGULATIONS Section 12-301 Subdivision Regulations SECTION 12-301 SUBDIVISION REGULATIONS There is hereby adopted by the City Council of the City of Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community in accordance with the adopted Land Use Master Plan; a Code known as the Subdivision Regulations of the City of Owasso, Oklahoma, and the whole thereof, and the same are hereby adopted and incorporated as full as if set out at length herein and from and after the effective date of this Ordinance and all provisions thereof, shall be controlling, as set out therein within the corporate limits of the City. The City Manager shall from time to time promulgate additional Rules and Regulations for said Subdivision Regulations, or changes to existing Rules and Regulations for said Subdivision Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. (Ord. No. 310, 9/1/81; Ord. No. 480, 10/18/94; Ord. No. 931, 11/04/08) 6 CHAPTER 4 FLOOD DAMAGE PREVENTION Section 12-401 Findings of Fact Section 12-402 Statement of Purpose Section 12-403 Methods of Reducing Flood Losses Section 12-404 Definitions Section 12-405 Lands to Which Special Flood Hazard Applies Section 12-406 Basis for Establishing the Areas of Special Flood Hazard Section 12-407 Establishment of Development Permit Section 12-408 Compliance Section 12-409 Abrogation and Greater Restrictions Section 12-410 Interpretation Section 12-411 Warning and Disclaimer or Liability Section 12-412 Designation of the Floodplain Administrator Section 12-413 Duties and Responsibilities of the Floodplain Administrator Section 12-414 Permit Procedures Section 12-415 Variance Procedures Section 12-416 Provisions for Flood Hazard Reduction; General Standards Section 12-417 Provisions for Flood Hazard Reduction; Specific Standards Section 12-418 Standards for Subdivision Proposals Section 12-419 Standards for Areas of Shallow Flooding (AO/AH Zones) SECTION 12-401 FINDINGS OF FACT 1. The flood hazard areas of the City of Owasso, Oklahoma are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. (Ord. No. 367, 3/17/87; Ord. No. 799 11/16/94) SECTION 12-402 STATEMENT OF PURPOSE It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and 7 generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. (Ord. No. 367, 3/17/87; Ord. No. 799, 11/16/2004) SECTION 12-403 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this chapter uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; or 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (Ord. No. 367, 3/17/87) SECTION 12-404 DEFINITIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter it’s most reasonable application. The following terms as used herein will mean: 1. "Appeal" means a request for a review of the flood plain administrator's interpretation of any provision of this chapter or a request for a variance; 2. "Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where 8 velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; 3. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1%) or greater change of flooding in any given year. The area may be designated as zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V; 4. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; 5. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised; 6. "Development" means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 7. "Elevated building" means a non-basement building: a. Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1- 30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and pliers), or shear walls parallel to the floor of the water; and b. Adequately anchored so at not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood; In the case of zones A1-30, AI, A, A99, AO AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the Nation Flood Insurance Program regulations; 8. "Existing construction" means for the purpose of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures;" 9. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or b. The unusual and rapid accumulation or runoff of surface waters from any 9 source; 10. "Flood Insurance Rate Map (FIRM)" means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city; 11. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map; 12. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding); 13. "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards; 14. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities; 15. "Habitable floor" means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor"; 16. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure; 17. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding; 18. "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices; 19. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations; 10 20. "Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles; 21. "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which the base flood elevations shown on a community's flood insurance rate map are referenced; 22. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community; 23. "Start of construction" means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation of basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure; 24. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home; 25. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 742, 3/18/03) 26. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred; For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the 11 building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; 27. "Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For full requirements see Section 60.6 of the National Flood Insurance Program regulations; 28. "Violation" means the failure of a structure of other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided; and 29. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, here specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 367, 3/17/87) SECTION 12-405 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or occupancy permits for property within the areas of special flood hazard in the city. (Ord. 367, 3/17/87; Ord. 815, 06/21/05) SECTION 12-406 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas,” dated April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be part for this chapter. Copies for public review shall be available in the Community Development Department of the City. (Ord. No. 367, 3/17/87; Ord. No. 815, 06/21/05) SECTION 12-407 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required to ensure conformance with the provisions of this 12 chapter. (Ord. No. 367, 3/17/87) SECTION 12-408 COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. (Ord. No. 367, 3/17/87) SECTION 12-409 ABROGATION AND GREATER RESTRICTIONS This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 367, 3/17/87) SECTION 12-410 INTERPRETATION In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor appeal any other powers granted under state statutes. (Ord. No. 367, 3/17/87) SECTION 12-411 WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 367, 3/17/87) SECTION 12-412 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The city's floodplain administrator is appointed to administer and implement the provisions of this chapter and other appropriate sections of 44 CRF (National Flood Insurance Program Regulations) pertaining to floodplain management. (Ord. No. 367, 3/17/87) SECTION 12-413 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the floodplain administrator shall include, but not be limited 13 to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter; 2. Review permit application to determine whether proposed building site will be reasonably safe from flooding; 3. Review, approve or deny all applications for development permits required by adoption of this chapter; 4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation; 6. Notify, in riverain situations, adjacent communities and the state coordinating agency which is the Oklahoma Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; 8. When base flood elevation data has not been provided in accordance with Section 12-406, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 12-416, 12-417 and 12-418 of this chapter; and 9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. No. 367, 3/17/87) SECTION 12-414 PERMIT PROCEDURES 14 A. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; 3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Paragraph 2 of Section 12-417; 4. Description of the extent of which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and 5. Maintain a record of all such information in accordance with Paragraph 1 of Section 12-413. B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 8. The necessity to the facility of a waterfront location, where applicable; 15 9. The availability of alternative locations, not subject to flooding or erosion damage, for proposed use; and 10. The relationship of the proposed use to the comprehensive plan for that area. (Ord. No. 367, 3/17/87) SECTION 12-1415 VARIANCE PROCEDURES A. The appeal board, which is the board of adjustment of the city, shall hear and render judgment on requests for variances from the requirements of this chapter. B. The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. C. Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction. D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter. F. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Paragraph 2 of Section 12-414 have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases. G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter as set out in Section 12-402 herein. H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. I. Prerequisites for granting variances: 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 16 2. Variances shall only be issued upon: a. Showing a good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and 3. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the costs of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. J. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: 1. The criteria outline in Subsections A through I of this section are met; and 2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. No. 367, 3/17/87) SECTION 12-416 PROVISIONS FOR FLOOD HAZARD REDUCTION; GENERAL STANDARDS In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 17 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood water; and 7. On-site waste water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 367, 3/17/87) SECTION 12-417 PROVISIONS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 12-406, Paragraph 8 of 12-413 or Subsection D of 12-418, the following provisions are required: 1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Subsection A of Section 12-414 is satisfied; 2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation, in relation to mean sea level, to which such structures are flood proofed shall be maintained by the floodplains administrator; and 3. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to the flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; 18 b. The bottom of all openings shall be no higher than one foot above grade; c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and 4. Manufactured homes: a. All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces; b. All manufactured homes shall be in compliance with paragraph 1 of this section; c. All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of this paragraph 4. (Ord. No. 367, 3/17/87) SECTION 12-418 STANDARDS FOR SUBDIVISION PROPOSALS A. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 12-401, 12-402 and 12-403 of this chapter. B. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 12-407, 12- 414 and the provisions of Sections 12-416 and 12-417. C. Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Sections 12-406 or 12-413(8) of this chapter. D. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. E. All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 367, 3/17/87) SECTION 12-419 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) 19 Located within the areas of special flood hazard established in Section 12-406 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); 2. All new construction and substantial improvements of nonresidential structures have the following: a. The lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy; 3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in paragraph 1 of this Subsection A of Section 12-414, are satisfied; and 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (Ord. No. 367, 3/17/87) 20 CHAPTER 5 TAX INCREMENT FINANCING DISTRICTS Section 12-501 Owasso Redbud District – Increment District No. 1 SECTION 12-501 OWASSO REDBUD DISTRICT-INCREMENT DISTRICT NO. 1 1. In order to develop the eligible Project Area, the City elects to utilize Article 10, Section 6C of the Constitution of the State of Oklahoma and the Act, which authorize the use of local taxes for specific public investments and assistance in development financing, and which provide for the direction of apportionment of local taxes to plan, finance, and carry out development of unproductive, undeveloped, underdeveloped, or blighted areas as determined by the governing body of a city, town or county. 2. The Project Plan is hereby adopted and approved, as recommended by the Owasso Planning Commission and the Review Committee. As used herein “Owasso Redbud District Project Plan” or “Project Plan” shall mean the document dated December 20, 2016, and comprised of one cover sheet, six pages of text, four exhibits labeled Exhibits A, B, C, and D, and titled “Owasso Redbud District Project Plan.” 3. The membership of the Review Committee and all actions taken and all recommendations and findings made in connection with the Project Plan by the Review Committee and the Owasso Planning Commission are hereby ratified and confirmed. 4. For identification purposes, the name of the increment district, which is an ad valorem and sales tax increment district, shall be Increment District No. 1, City of Owasso. 5. Increment District No. 1 is hereby created as of the date of the adoption of this ordinance. 6. The boundaries of the Project Area and the boundaries of Increment District No. 1 are shown on Exhibit A of the Project Plan and are hereby designated and adopted as follows: Project Area and Increment District No. 1 Legal Description Section A Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of 21 said Lot 1, Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a point on the east right-of-way line of the Southern Kansas Oklahoma Railroad right-of-way, Thence north along said railroad right-of way a distance of 994.2 feet, Thence continuing north along said railroad right-of-way a distance of 385.2 feet, Thence north a distance of 55 feet along the quarter section line to a point on the east right-of-way of said railroad, thence northwest along said railroad right-of-way a distance of 95.2 feet, Thence west a distance of 35.7 feet along said railroad right-of-way, Thence northwest along said railroad right-of-way a distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right-of-way of said railroad, also a point on the south right-of-way of West Broadway Street, Thence northwest along said railroad right-of-way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the south right-of-way of West Third Street North, a street in the City of Owasso, Thence east along said right-of-way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the east right-of-way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right-of-way line of West Fourth Street North, a street in the City of Owasso, Thence east along said south right-of-way line a distance of 121.2 to a point on the west right-of-way line of North Main Street, a street in the City of Owasso, Thence south along said west right-of-way line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right-of-way line of North Main Street, a street in the City of Owasso, Thence south along the said east right-of-way line a distance of 5 feet, Thence west 75 feet to a point on the west right-of-way of said street, Thence south along the said west right-of-way a distance of 95 feet, Thence east along said west right-of-way a distance of 5 feet, Thence south along said west right-of-way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right-of-way line, Thence south along said east right-of-way a distance of 150 feet, also a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1 of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, 22 Thence east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a point on the west right-of-way of the Mingo Valley Expressway, Thence south along said right-of-way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south along the right-of-way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along said right-of- way a distance of 235.4 feet, thence southwest along said right-of-way a distance 159.1 feet, Thence west along said right-of-way a distance of 208.3 feet, Thence south along said right-of-way a distance of 113.2 feet, Thence west 247.8 feet along said right-of-way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1, Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a point on the west right-of-way line of Mingo Valley Expressway, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right-of-way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right-of-way line of Fifth Avenue, a street in the City of Owasso, Thence south along the west right-of-way of Mingo Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, the Point of Beginning, containing 207 acres, more or less. And Section B Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right-of-way a distance 619.4 feet to a point on the north right-of-way of East 76th Street North, a street in the City of Owasso, Thence continuing southeast along the said railroad right-of-way a distance of 88.7 feet to a point on the south right-of- way of East 76th Street North, Thence continuing southeast along the said railroad right-of- way a distance of 510.6 feet, thence east along said railroad right-of-way a distance of 23 19.6 feet to the east line of the N/2 NW/4 of Section 31, T-21-N, R-13-E, Thence south a distance of 785.3 feet to the SE corner of said N/2 NW/4, Thence west along the south line of said N/2 NW/4 a distance of 2,633.6 feet to a point on the east right-of-way of North Mingo Road, a street in Tulsa County, Thence north along said east right-of-way of North Mingo Road a distance of 1261.4 feet to a point on the south right-of-way of East 76th Street North, Thence east along said south right-of-way line a distance of 1318.1 feet, Thence north along said south right-of-way line a distance of 10.00 feet, Thence east along said south right-of-way line a distance of 215.0 feet, Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less. 7. The City Council hereby finds and determines: A.That part of the Project Area, including Increment District No. 1, is within an enterprise area as defined by the Act; B.That the Project Area, including Increment District No. 1, is a reinvestment area as defined by the Act; C.That the financial impacts of the Project Plan and Project on the affected taxing jurisdictions and business activities within Increment District No. 1 are positive and that the economic benefits for the community as a whole offset any adverse impacts; D.That the improvement of the Project Area is likely to enhance the value of other real property in the area and to promote the general public interest; E.That the Project Plan complies with the guidelines of 62 O.S. §852, including specifically paragraphs 1 and 2; F.That the aggregate net assessed value of the taxable property in all increment districts within the City, as determined pursuant to the Act, does not exceed 35% of the total net assessed value of the taxable property within the City; G.That the aggregate net assessed value of the taxable property in all increment districts within the City, as determined pursuant to the Act, does not exceed 25% of the total net assessed value of any affected school districts located within the City; H.That the land within all increment districts within the City does not exceed 25% of the total land area of the City; and I.That the Project Plan is feasible and conforms to the GrOwasso 2030 Land Use Master Plan. 8. The following Project and Increment District No. 1 authorizations are hereby approved: 24 A.The City is designated as the principal entity responsible for implementation and is authorized to carry out and administer the provisions of the Project Plan and to exercise all powers necessary or appropriate thereto pursuant to Section 854 of the Act, and the City reserves the power to make minor amendments to the Project Plan in accordance with Section 858(D) of the Act. Changes in project costs incurred pursuant to Section VIII(B) of the Project Plan (those not to be financed with apportioned tax increments) do not require an amendment; and B.The Owasso Public Works Authority, a public trust with the City as its sole beneficiary, shall have the authority to carry out certain provisions of the Project Plan, including the authority to: (1) issue tax apportionment bonds or notes, or both; (2) pledge revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section VIII of the Project Plan; (4) provide funds to or reimburse the City for the payment of project costs and other costs incurred in support of the implementation of the Project; and (5) incur the cost of issuance of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with them; and C.The City Manager in office shall be the person in charge of implementation of the Project Plan in accordance with the provisions, authorizations, and respective delegations of responsibilities contained in the Project Plan. 9. The sales tax increment is a portion of the City’s sales taxes generated within Increment District No. 1, to be determined by a formula to be approved by resolution of the City Council in accordance with the Act. The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in accordance with the Act), i.e., the new revenue attributable to increases in the value of property within Increment District No. 1. 10. The increment of the taxes generated by Increment District No. 1 may be used to pay project costs authorized by Section VIII of the Project Plan for a period not to exceed twenty-five (25) years from the effective date of Increment District No. 1, as provided by law, or the period required for payment of the project costs authorized by Section VIII of the Project Plan, whichever is less. 11. During the period of apportionment, the tax apportionment fund (a) shall be available to pay project costs under Section VIII of the Project Plan, (b) shall constitute special funds of the City or, at the direction of the City, the Owasso Public Works Authority, a public trust, and (c) shall not be subject to annual appropriation as a part of the general fund of the City. 12. Pursuant to Section 6C of Article X of the Constitution of the State of Oklahoma and the Act, the direction of apportionment shall continue beyond the current fiscal year for the duration of Increment District No. 1 or the period required for the payment of project costs authorized by the Project Plan, whichever is less. 13. The Project Plan is hereby determined to be desirable and is approved. 25 Adopted December 20, 2016 OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1, CITY OF OWASSO PREPARED BY: THE CITY OF OWASSO, OKLAHOMA WITH THE ASSISTANCE OF: CENTER FOR ECONOMIC DEVELOPMENT LAW 301 North Harvey, Suite 100 Oklahoma City, Oklahoma 73102 (405) 232-4606 econlaw@econlaw.com OWASSO REDBUD DISTRICT PROJECT PLAN I.INTRODUCTION The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local Development Act, 62 O.S. §850, et seq., and is referred to here as the “Project Plan.” The project is being undertaken by the City of Owasso, Oklahoma (“City”) to develop the area surrounding Main Street, known as the Redbud District, achieve the City’s development objectives, improve the quality of 26 life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is the creation of the Redbud District as a special and unique place within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that time, through several planning documents, including approval of the Downtown Overlay District promoting smart development in the area, and robust branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is continuing its effort to revive its downtown and make the Redbud District a destination area for residents and visitors. The effort to create such a place requires public assistance to stimulate private development. This Project Plan is a critical element in fostering public-private partnerships to create the type of development that the City seeks but can achieve only by means of the financing tools available under the Oklahoma Local Development Act, including tax increment financing. An increment district provides funding for public sector costs to stimulate private development and provide improvements to and beautification of the area to create the dense, high-quality development that the City contemplates. The project will be financed from a combination of public and private sources, including apportionment of ad valorem and sales tax increments from Increment District No. 1, City of Owasso. II.BOUNDARIES OF PROJECT AREA AND INCREMENT DISTRICT The Project Area is the area in which project activities will take place and is generally located within the following boundaries: beginning at the western terminus of North Carlsbad Street, east along West 3rd Street to the east side of North Atlanta Street, north one lot, then east one lot, then north to West 4th Street, then east along West 4th Street to North Main Street, south to one lot north of West 3rd Street, then east along West 3rd Street to one lot before Cedar Street, south to East 2nd Street, then east along East 2nd Street to the west Owasso Expressway service road, then south along Owasso Expressway to East 71st Street, west generally along East 71st Street to South Main Street, north to West 5th Avenue, west to North Mingo Road, north along Mingo Road to West 2nd Avenue (E 76th St N), east along West 2nd Avenue to the western side of the Owasso Sertoma Center, north to the railroad tracks, then across the railroad tracks back to North Carlsbad Street and West 3rd Street. The Increment District is designated Increment District No. 1, City of Owasso, and is the area from which the increment is generated. Increment District No. 1 is the same area as the Project Area. The Project Area and Increment District No. 1 boundaries are depicted on Exhibit A. The Project Area and Increment District No. 1 boundaries are described on Exhibit B. 27 III.ELIGIBILITY OF PROJECT AREA Most of the Project Area is an enterprise area, as defined by the Oklahoma Local Development Act. It lies within an enterprise zone, designated by the Oklahoma Department of Commerce to be a disadvantaged portion of the City of Owasso. All of the Project Area is a reinvestment area, as defined by the Oklahoma Local Development Act. Public improvements are required to reverse economic stagnation or decline, to serve as a catalyst for expanding employment, to attract investment, and to preserve and enhance the tax base. Investment, development, and economic growth in the area are difficult, but possible if the provisions of the Oklahoma Local Development Act are used. The Project Area is unproductive, undeveloped, underdeveloped, or blighted within the meaning of Article 10, §6C of the Oklahoma Constitution, and suffers from conditions inhibiting development. IV.OBJECTIVES The principal objectives of the project and Increment District No. 1 are: A.To achieve development goals and objectives for the Redbud District contained in the Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030 Land Use Master Plan. B.To preserve and enhance the tax base and make possible investment, development, and economic growth that would otherwise be difficult without the project and the apportionment of incremental ad valorem and sales tax revenues. C.To support the creation of attractive, high-quality, and viable mixed-use developments to draw residents and visitors. D.Where appropriate, to support the development, improvement, and/or expansion of light industry to increase employment. E.To encourage existing property and business owners in the Redbud District to invest and to attract new investment and business to the Project Area. F.To provide start-up and incubator space to new and expanding businesses and to promote small-business-friendly opportunities for innovation and collaboration in the Project Area. G.To stimulate and promote the Redbud District as a walkable, vibrant destination. H.To provide a public benefit through the construction of public infrastructure and improvements to allow for the development of the area. V.STATEMENT OF PRINCIPAL ACTIONS Implementation actions for the project, including all necessary, appropriate and supportive steps, will consist principally of the following: 28 A.Project planning, design and approval. B.Public infrastructure improvements. C.Development of mixed-use projects, as well as retail, restaurant, residential, and office projects. D.Enhancement of existing businesses and encouragement of new businesses. E.Creation of start-up and incubator spaces for new and expanding businesses. VI.ESTABLISHMENT OF INCREMENT DISTRICT NO. 1, CITY OF OWASSO A.This Project Plan creates Increment District No. 1, City of Owasso, an ad valorem and sales tax increment district. B.The sales tax increment is a portion of the City’s sales taxes generated within Increment District No. 1, to be determined by a formula to be approved by resolution of the Owasso City Council in accordance with the Oklahoma Local Development Act. C.The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases in the value of property within Increment District No. 1. D.The ad valorem and sales tax increment may be used to pay Project Costs authorized by Section VIII of this Project Plan for a period not to exceed twenty-five (25) fiscal years from the effective date of Increment District No. 1, as provided by law, or the period required for payment of the Project Costs authorized by Section VIII, whichever is less. During the period of apportionment, the tax apportionment fund (1) shall be available to pay Project Costs under Section VIII, (2) shall constitute special funds of the City, or, at the direction of the City, the Owasso Public Works Authority, a public trust, or another public entity designated by the City, and (3) shall not be subject to annual appropriation as a part of the general fund of the City. VII.PROJECT AND INCREMENT DISTRICT AUTHORIZATIONS A.The City is designated and authorized as the principal public entity to carry out and administer the provisions of this Project Plan and to exercise all powers necessary or appropriate thereto as provided in the Oklahoma Local Development Act, 62 O.S. §854. B.The Owasso Public Works Authority (OPWA), or another public entity designated by the City pursuant to Section VI, is authorized and designated to carry out implementation actions for the project, including all necessary, appropriate, and supportive steps pursuant to development agreements with private developers. Such public entity is also authorized and designated to carry out those provisions of the project related to issuance of bonds or notes as provided in Sections 854(B) and 863 of the Oklahoma Local Development Act, subject to approval of the governing body of the City of any 3 specific notes or bonds. OPWA is authorized to assist in carrying out this Project Plan and to exercise all powers necessary or appropriate thereto pursuant to Section 854 of the Oklahoma Local Development Act, except for approval of this Project Plan and those powers enumerated in paragraphs 1, 2, 3, 4, 7, 13 and 16 of Section 854. As a public entity designated by the City, OPWA or another public entity designated by the City is authorized to: (1) issue tax apportionment bonds or notes, or both; (2) pledge revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section VIII of this Project Plan; (4) provide funds to or reimburse the City for the payment of Project Costs and other costs incurred in support of the implementation of the project; and (5) incur the cost of issuance of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with them. Project Costs shall mean (a) the public costs authorized to be paid pursuant to Section VIII of this Project Plan, and (b) costs necessary or appropriate to implement this Project Plan other than costs authorized by Section VIII, which may be authorized without amendment to this Project Plan. C.The City Manager, Warren Lehr, or his successor in office shall be the person in charge of implementation of the Project Plan in accordance with the provisions, authorizations, and respective delegations of responsibilities contained in this Project Plan. VIII.BUDGET OF ESTIMATED PROJECT COSTS TO BE FINANCED BY TAXES APPORTIONED FROM INCREMENT DISTRICT NO. 1, CITY OF OWASSO A.The Project Costs will be financed by the apportionment of ad valorem and sales tax increments from Increment District No. 1. The Project Costs categories are: Assistance in Development Financing $ 13,800,000.00 Public Infrastructure, Facilities, and Improvements $ 3,000,000.00 Implementation and Administration $ 200,000.00 TOTAL Project Costs $ 17,000,000.00 Plus any financing costs, costs of issuance, necessary or appropriate reserves, and interest on repayment of Project Costs. B.Additional costs necessary or appropriate to implement this Project Plan that are to be financed by other than apportioned tax increments may be approved by the City at any time. The provisions of this Section VIII are not a limitation on Project Costs to be financed by other than apportioned tax increments. C.Assistance in Development Financing will be provided only for projects that are determined, in the City’s and/or OPWA’s discretion: (1) to meet the City’s approved development goals and objectives for the Project Area, as expressed from time to time in the City’s plans and policies, and (2) to provide adequate consideration and public benefit in return for the public investment. 4 IX.FINANCING PLAN AND REVENUE SOURCES A.Financing Plan. Some public improvements, in anticipation of private investment, will be funded by the City from sources other than apportioned tax increments, which may be reimbursed once increment is generated by the development within Increment District No. 1. Private developers within the Project Area may be required to construct the necessary improvements for specific projects at their initial expense. The financing of private developments will be provided by private equity and private financing. Most Project Costs incurred in connection with the implementation of the Project Plan will be financed on a pay-as-you-go basis. B.Financing Authorizations. Without assistance, development of this type and on this scale within the Project Area would not occur. The implementation of the Project Plan shall be financed in accordance with financial authorizations, authorized from time to time by the City. C.Financing Revenue Sources. The revenue sources expected to finance Project Costs authorized by Section VIII are the incremental ad valorem and sales tax revenues attributable to investment and development within Increment District No. 1. D.Financial Reports and Audits. The development activities undertaken by the City, pursuant to this Project Plan, shall be accounted for and reported by the appropriate and necessary annual fiscal year audits and reports. E.Other Necessary and Supporting Costs. OPWA or another public entity designated by the City pursuant to Section VI, is authorized to issue bonds and notes and to apply for and obtain grants from other sources for costs incurred or to be incurred in connection with the project and the construction of improvements therein in addition to Project Costs to be financed pursuant to Section VIII. X.PRIVATE AND PUBLIC INVESTMENTS EXPECTED FOR THE PROJECT A.Private and Public Investments Expected from the project and Increment District No. 1. The total private investment in the Project Area if fully realized is estimated to exceed $100,000,000.00. Private investment in Increment District No. 1 is expected to consist of new mixed-use developments, expansion of existing businesses, creation of new businesses, development of new retail, restaurant, residential, and office projects, and light industrial development (where appropriate). Public investment will include public infrastructure improvements and assistance in development financing to support private investment and enhance new and existing businesses. 5 B.Public Revenue Estimated to Accrue from the Project and Increment District No. 1. The estimated incremental increases in tax revenue, which will serve as the revenue source for financing the Project Costs authorized by Section VIII, is the public revenue directly attributable to the project described herein. Both the City and the State will experience increases in tax revenues that are not a part of Increment District No. 1. Ad valorem taxing entities will experience additional revenues from increasing values within the surrounding area but outside of Increment District No. 1. Incremental sales tax revenues are estimated to range between $35,000 and $75,000 annually. Incremental ad valorem revenues are estimated to range between $280,000 and $1,350,000 annually. Total incremental revenues estimated to be generated over the 25-year lifespan of Increment District No. 1 range between $18,000,000 and $25,000,000. The developments anticipated by the project will not result in a measurable increase in demand for services by or in costs to the affected taxing entities. The economic benefits of the project for the affected taxing jurisdictions indicate positive financial impacts for the entire community. The aggregate impacts from implementation of the Project Plan are positive and include the achievement of the objectives set forth in Section IV. XI.LAND USE Existing uses and conditions of real property in Increment District No. 1 are shown on the attached Exhibit C. A map showing the proposed improvements to and proposed uses of the real property in Increment District No. 1 is attached Exhibit D. Implementation of the Project Plan requires no changes to the GrOwasso 2030 Land Use Master Plan or zoning. The Project Plan complies with the objectives and priorities of the GrOwasso 2030 Land Use Master Plan. 6 Exhibit A Project Area and Increment District No.1 Boundaries A B Exhibit B Project Area and Increment District No. 1 Boundaries Legal Description Section A Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of said Lot 1, Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a point on the east right-of-way line of the Southern Kansas Oklahoma Railroad right-of-way, Thence north along said railroad right-of way a distance of 994.2 feet, Thence continuing north along said railroad right-of-way a distance of 385.2 feet, Thence north a distance of 55 feet along the quarter section line to a point on the east right-of-way of said railroad, thence northwest along said railroad right-of-way a distance of 95.2 feet, Thence west a distance of 35.7 feet along said railroad right-of-way, Thence northwest along said railroad right-of-way a distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right-of-way of said railroad, also a point on the south right-of-way of West Broadway Street, Thence northwest along said railroad right-of-way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the south right-of-way of West Third Street North, a street in the City of Owasso, Thence east along said right-of-way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of 1 Owasso, Tulsa County, Oklahoma, Thence north along the east right-of-way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right-of-way line of West Fourth Street North, a street in the City of Owasso, Thence east along said south right-of-way line a distance of 121.2 to a point on the west right-of-way line of North Main Street, a street in the City of Owasso, Thence south along said west right-of-way line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right-of-way line of North Main Street, a street in the City of Owasso, Thence south along the said east right- of-way line a distance of 5 feet, Thence west 75 feet to a point on the west right-of-way of said street, Thence south along the said west right-of-way a distance of 95 feet, Thence east along said west right-of-way a distance of 5 feet, Thence south along said west right-of-way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right-of-way line, Thence south along said east right-of-way a distance of 150 feet, also a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1 of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a point on the west right-of-way of the Mingo Valley Expressway, Thence south along said right- of-way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south along the right-of-way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along said right-of-way a distance of 235.4 feet, thence southwest along said right-of-way a distance 159.1 feet, Thence west along said right-of-way a distance of 208.3 feet, Thence south along said right-of-way a distance of 113.2 feet, Thence west 247.8 feet along said right-of-way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the 2 northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1, Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a point on the west right-of-way line of Mingo Valley Expressway, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right-of-way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right-of-way line of Fifth Avenue, a street in the City of Owasso, Thence south along the west right-of-way of Mingo Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, the Point of Beginning, containing 207 acres, more or less. And Section B Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right-of-way a distance 619.4 feet to a point on the north right-of-way of East 76 th Street North, a street in the City of Owasso, Thence continuing southeast along the said railroad right-of-way a distance of 88.7 feet to a point on the south right-of-way of East 76 th Street North, Thence continuing southeast along the said railroad right-of-way a distance of 510.6 feet, thence east along said railroad right-of-way a distance of 19.6 feet to the east line of the N/2 NW/4 of Section 31, T-21-N, R-13-E, Thence south a distance of 785.3 feet to the SE corner of said N/2 NW/4, Thence west along the south line of said N/2 NW/4 a distance of 2,633.6 feet to a point on the east right-of-way of North Mingo Road, a street in Tulsa County, Thence north along said east right-of-way of North Mingo Road a distance of 1261.4 feet to a point on the south right- of-way of East 76 th Street North, Thence east along said south right-of-way line a distance of 1318.1 feet, Thence north along said south right-of-way line a distance of 10.00 feet, Thence 3 east along said south right-of-way line a distance of 215.0 feet, Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less. 4 Exhibit C Existing Uses and Conditions Planning, Zoning and Development Exhibit D Proposed Improvements and Uses Page 12-6