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HomeMy WebLinkAbout2011.01.11_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Special DATE: January 11, 2011 IJAN b7 2011 TIME: 6:00 p.m. City PLACE: Old Central Building Cleft 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, January 07, 2011. ' '&'em Sherry Bisho , City Clerk AGENDA 1. Call to Order Mayor Bonebrake 2. Presentation by Alaback Design Associates on the Quality of Life Initiative Karl Fritschen Dan Alaback and Mike Peters 3. Discussion relating to Operational Items Mr. Lehr Attachment # 3 A. Bid Review - Meadowcrest Gravity Sewer Relief Line B. Re-hearing of PUD 04-01 -The Reserve at Elm Creek 4. Discussion relating to City Manager Items Mr. Ray Attachment # 4 A. Police Department Strategic Plan B. Proposed Amendments to the Special Exception Review Process C. Political Campaign Signage D. City Manager Report 1. Sales Tax Report 5. Report from City Councilors 6. Adjournment The City Wit"cui [..units. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Daniel Dearing, P.E. Senior Civil Engineer SUBJECT: Bid Review Meadowcrest Gravity Sewer Relief Line Extension Project Improvements DATE: January 7, 201 1 BACKGROUND: The Meadowcrest lift station was constructed in 1976. The lift station is currently operating at approximately 800 of its rated capacity and provides service to the Meadowcrest and Maple Glenn I subdivisions. Additional development in this area is anticipated to occur over the next five to fifteen years, at which time the projected sanitary flow to the lift station would be 1.0 mgd, (one million gallons per day and 490% over its rated capacity). In May 2009, City of Owasso engineering and operations staff began discussions with Kellogg Engineering concerning needed improvements to the Meadowcrest lift station in order to accommodate residential and commercial development. Two alternatives were analyzed: (1) upgrading existing infrastructure (pumps, force main, gravity sewer) and (2) eliminating the lift station and constructing gravity sewer line to connect to the Ranch Creek Interceptor. Following staff discussions of both alternatives, it was realized that the construction of a new gravity sewer line from the Southwest corner of the Meadowcrest subdivision through the new phase of the sports complex to East 106th Street and Mingo was the best viable option (See Attachment A). Benefits of this proposed project include: Provision of access for sewer service to approximately 530 non-developed acres Provision of several access points for Sports Park users Reduction of wet weather sanitary sewer overflows, as noted in Consent Order (No. 10-036) provided by ODEQ Elimination of electrical, mechanical, and maintenance costs associated with the Meadowcrest Lift Station In March 2010, the Meadowcrest Gravity Sewer Relief Line Extension Project and engineering service agreement with Kellogg Engineering in the amount of $38,370 was given approval by the trustees. CONSTRUCTION COST: The estimated construction cost is $571,144, which consists of the installation of approximately 5,900 LF of sewer line and appurtenances. Owasso Land Trust Development has agreed to contribute approximately $180,000 towards these improvements. Thus, the construction cost for the Owasso Public Works Authority is approximately $391,144, which does not include utility easement and design cost. Advertisements for public bidding were placed beginning December 8, 2010. A mandatory pre- bid meeting was held at City Hall on December 28, 2010, and the bid opening will be on Thursday, January 6, 2011. Staff intends to make a recommendation to City Council for award of the contract at the January 18, 2011 City Council meeting. FUNDING: The project will be funded through a joint public /private partnership. RECOMMENDATION: Staff will review the bids received on January 6, 2011, verify documents are complete, and contact project references. A bid tally sheet will be provided to the City Council at the January 11, 2011 Work Session. Staff intends to recommend City Council award the contract to the lowest responsive, responsible bidder. ATTACHMENT: A. Site Map JRlX+6 F r x- as a ~M SR..n - r^ I a r '.k.'. + h IWO r_ T w .Y ' r. h. 4 +Rf. a i' "A r rk k ~ 4s'~P9 ~ c_Fr lrt ~ ' _ rf(12~ is -kc a~. ~ zo•, ^ , r pr r r= 7,* tp+yl 1/y - r r y `ice r ~f:ir ~~C2 Li1 'A LrS. I ~~r• ~ W17 4 t J ~ f.:Kt .S ! ~ t _ _F * ~ ~ } f f ~n F- T - ~ Y Z ~t I • } / i •R!. jj ~a T_ i ~ ~ jE~'a~r\ ~~Q. ~ T.,swN ♦ Ni n y7: c ~~i 1!~!? m y VIP 5TATI7N fir- V~ IMF _ ;f r r -0 x I 1~r~ t=s '^i kI" y'~s 1 MEADOWCREST RELIEF SEWER CITY OF OWASSO SITE MAP 1/6/11 Legend 111 N. Main Street P.O. Box 180 MEADOWCREST RELIEF SEWER LINE 0 Owasso, OK 74055 North THIS MAP IS FOR INFORMATION F URPOSI_. ONLY tiNIU IS NOT iNTENI)i„D TO 918.376.1500 RFPRI SENT AN ACC'URATC:AND TRUE SC ALE. USE, OF THIS MAP IS WIiFIOIJ'T WARRAN"FY OR R:Ek RHS]3NTA TION BY C:`I'I'Y OP O~'VASSO OI`' I':CS ACCT (RACY. The cify wrvit'out Lirnits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, Community Development Director SUBJECT: Rehearing of PUD 04-01, The Reserve at Elm Creek DATE: January 1 1, 201 1 BACKGROUND: On May 10, 2004, the Owasso Planning Commission approved OPUD 04-01 for a 19.75 acre residential development consisting of duplex and single family lots. On June 1, 2004 Ordinance number 782 was approved, officially adopting OPUD 04-01. The project consists of a total of approximately 19.75 acres, with 12 acres used for single-family detached residential development and 7.75 acres used for duplex residential development. The property is located at the northwest corner of the intersection of 66th Street North and 129th East Avenue. The applicant has submitted engineering drawings and a preliminary plat for review. Since it has been over five years since OPUD 04-01 was approved and several deadlines have passed with no development activity or any permits issued, staff is bringing the proposal back to the Planning Commission and City Council for action, which will bring the project up to date. SURROUNDING LAND USE: North: Floodplain, AG Zoning - Tulsa County South: Large Lot Single Family Homes and church, AG-R Zoning - Tulsa County East: Undeveloped, AG Zoning - Tulsa County West: Undeveloped, AG Zoning - Tulsa County PROPERTY CHARACTERISTICS: The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land to the west is agricultural in nature. The subject property and properties to the north, east, and west are zoned AG Agricultural. Tracts to the south are zoned AG-R Agricultural/Residential by Tulsa County. DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoninq The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, Platting A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots to be included, right-of-way widths, easements, and other physical characteristics that must be provided to the City for review. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control, and where a detailed development plan outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. LEGAL PLANNING CONSIDERATIONS OF PODS ALLOWED BY CODE: USES PERMITTED - The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests two uses - single-family residential and duplex residential. BULK AND AREA REQUIREMENTS - As stated earlier, the applicant requests an RS-3 residential single-family designation for 12.7 acres, and an RD residential duplex designation for 7.75 acres. The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS-3 PUD. This requirement would allow up to 62 lots on the 12.7 acres portion of the property. The applicant requests 51 lots. The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant requests 80 dwelling units on 40 lots. Within an RS-3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. BUILDING HEIGHT AND YARDS -There is no set maximum building height or minimum yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of two stories and a minimum yard size of 15 feet (by 50 feet). SCREENING AND LANDSCAPING REQUIREMENTS - The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. ANALYSIS: OPUD 10-01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres. The development concept behind the Project Two PUD is residential. The applicant intends to develop single family and duplex residential homes on the subject site. The overall concept of the project remains the same as approved in 2004; however the applicant intends to only develop the 51 single family lots on the 12 acre portion of the property at this time. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. As the market has evolved, the property owners feel it is appropriate and marketable to develop the area for residential purposes, as prescribed by the Master Land Use Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential development would be consistent with the development pattern taking hold in Owasso, and this pattern of growth is compatible with the Owasso 2025 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicant to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The area in the vicinity of the intersection at 66th Street North and North 129th East Avenue has been identified as a non-commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non-commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. As mentioned, the applicant has engineering plans currently under review and has submitted a preliminary plat reflecting those plans. Should the applicant decide to amend the PUD, then sections 840.1 and 840.2 of the zoning code shall apply. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right-of-way along the west side of North 129th East Avenue and along the north side of 66th Street North. Sidewalks will be required along all public right-of-ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On-site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer from the City of Owasso and water from Rogers County Rural Water District 2. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, staff has not received any opposition concerning the request. The Owasso Planning Commission will re-hear OPUD 04-01, currently identified as OPUD 10-01, at their January 10, 2011 Regular Meeting. RECOMMENDATION: Staff intends to recommend City Council approval of OPUD 10-01. ATTACHMENTS: A. General Area Map B. OPUD 10-01 Development Outline Plan C. Ordinance #782 D. Staff report dated May 12, 2004 Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com RESERVE @ ELM CREEK LOCATION MAP N W E S 1/12/11 WC4 LW CAP OZ rIIkIDN' Am w . 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"vm "ri11`i1 w aL"z me v rmv 3K 1t we 3L' 11eS1 wwoir Yf Mal r10i"a Will w COW tic w IN 1%%4, 4r 009 4 a 1w-wx or twill /(ZS ra W mm sit] #I'C W4& 5vt GF 30: wim Mll'3lYon FL voc or r1% ah Will we/a WA or R+VM 31 a pp"Cl MC' rw IF +�Ilwalp C%MQW & of VW SSG DWAU WMw71 IV sitl(Sa 3Y1 lFrw 4JM 19 VO SAIL Or `!4 (M' 3S 4:1S1t(c✓ mr qr FeKom Ylav PC OT %W or SAW Ms wm Q Imso fw aiA 0W0f6Af* /0 ar Rkd€ 4 i o IV* w ftwx 10 WE var ira[ or SAO 31/4: wour Selo x-0 we e 7w wrfq a 09to .t w IM46 rw as" pm" .a W.M 1+a aOaM�! i#Ml #F 1g" ><'K �V'4 �^L sa a 9 Tulsa County Clerk - EARLENE WILSON ooc# 04065753 rgs 1 a!Y 7307/2093-2093 I` ` i f f 1 Receipt # 731261 06/03/04 10:53:12 I I~llll I~III ~IIII "III I'II~ III'I III! ~I~I' illll II~II illll ~~Ill Illl I~il 13.00 0,000731261008A CITY OF OWASSO ORDINANCE NO. 782 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD-04-01, PROVIDING GLIIDFIANFS FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND CONTAINING APPROXIMATELY 19.75 ACRES, LOCATED IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUN'T'Y, OKLAHOMA AND REPEALING ALL ORDINANCES IN C~! CONFLICT HEREWITH. 'Aq EREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS; the Owasso City Council has considered the reconunendation of the Owasso Planning Conunission and all statements for and against the requested approval of OP UD-04-01. NOW, THEREFORE, BE IT ORDAINED BY 114E CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section I. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to voit: A tract of land located in the E/2 of the SE/4 of Section 32, T-21-N, R-14-E of the Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: The E/2 of the SE/4 of the SE14 AND the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; LESS AND EXCEPT Beginning at the Northeast corner of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32; THENCE S 00° 10'35" W along the Easterly line of the SE/4 of Section 32 a distance of 318.67 feet; THENCE N 87045'31" W a distance of 566.88 feet; THENCE N 00° 10'35" E and parallel with the east line of the S/2 of the SE/4 of the NE/4 of the SE/4 of Section 32 a distance of 296.46 feet to the Northerly line of the S12 of the SE/4 of the NEA of the SEA of Section 32; THENCE. N 89°59'49" F along the Northerly line of the S12 of the SEA of the NE14 of the SE/4 of Section 32 a distance of 5661 feet to the `Point of Beginning'; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32: THENCE N 00°10'35" E along the east line of the SEA of Section 32 a distance of 827.00 feet to the `Point of Beginning'; THENCE N 89149125" W and perpendicular to the east line of said SE/4 a distance of 326.40 feet; THENCE N 00°10135" E and parallel with the east line of said SEA a distance of 165.40 feet; THENCE 89° 49'25" E and perpendicular to the east line of said SE/4 a distance of 326.40 feet to the east line of said SE/4; THENCE S 000 10'35" W along the east line of said SE/4 a distance of 165.40 feet to the `Point of Beginning'. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a part of such Outline Development Plan and included therewith. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this I" day of Dime. 2004. ATTEST: Sherry Bisho~City Clerk/! APPROVED AS TO FORM: Ronald D Cates, City Attorney City of Owasso, Oklahoma Susan Kunball.,ivlayo?- Cily of Owasso Aim: Juliumi Stev-,3ts 1 1 1 X. :1211!1 ~lI CCt ?crassc. C )kiahoana 7 lilii i~ r u ~ l r w.a N MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: OPUD 04-01, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT DATE: MAY 12, 2004 BACKGROUND: The City of Owasso has received a request for the review and rezoning of 19.75 acres. The applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed OPUD 04-01 will follow the standards found under the RS-3 Residential Single-Family and RD Residential Duplex zoning designations so as to guide the development of single-family homes and duplexes. Twelve acres would be used for single-family detached residential development and 7.75 acres would be used for duplex residential development. The property is located at the northwest corner of the intersection of 66"' Street North and 129th East Avenue. The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land the west is agricultural in nature. The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts to the south are zoned AG-R Agri cultural/Residential by Tulsa County. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE: USES PERMITTED - The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests two uses - single-family residential and duplex residential. BULK AND AREA REQUIREMENTS - As stated earlier, the applicant requests an RS-3 residential single-family designation for 12 acres, and an RD residential duplex designation for 7.75 acres. The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS-3 PUD. This requirement would allow up to 62 lots on the 12 acres. The applicant requests 60 lots. The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant requests 80 dwelling units on 40 lots. Within an RS-3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. BUILDING HEIGHT AND YARDS - There is no set maximum building height or minimum yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of two stories and a minimum yard size of 15 feet (by 50 feet). SCREENING AND LANDSCAPING REQUIREMENTS - The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. ANALYSIS: OPUD 04-01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres. The development concept behind the Project Two PUD is residential. The applicant/owners of the property intend to develop single family residential homes and duplex homes on the subject site. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. As the market has evolved the property owners feel it is appropriate and marketable to develop the area for residential purposes, as prescribed by the Master Land Use Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential development would be consistent with the development pattern taking hold in Owasso and this pattern of growth is compatible with the Owasso 2010 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space, and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants/owners to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The area in the vicinity of the intersection at 66a' Street North and North 129'}' East Avenue has been identified as a non-commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non-commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right-of-way along the west side of North 129a' East Avenue and along the north side of 66th Street North. Sidewalks will be required along all public right-of-ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On-site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer by the City of Owasso and water by the City of Owasso. The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, the staff has no opposition from one person concerning the request. OWASSO PLANNING COMMISSION At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to recommend approval of OPUD 04-01 with no conditions. RECOMMENDATION: The staff recommends approval of OPUD 04-01. ATTACHMENTS: 1. General Area Map 2. OPUD 04-01 Development Outline Plan 3. Legal Notice 4. OPUD 04-01 Application Awwft The City Wit Taut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Change of the Special Exception Review Process DATE: January 7, 2011 BACKGROUND: Over the last few months, staff introduced the idea of taking special exception uses, currently being heard by the Board of Adjustment, to the Planning Commission as Specific Use Permits. Below is a recap of the information that has been presented regarding this topic. The City of Owasso, Community Development Department currently allows certain uses believed to have unique or widely varying operating characteristics or unusual site development features to be permitted in base zoning districts as special exceptions as opposed to those permitted "by-right". These Special Exception uses are approved or denied by the Board of Adjustment (BOA) rather than the Planning Commission. Once a decision is rendered by the Board of Adjustment, no further action is taken by any public body on the item and the applicant may submit a site plan and subsequent building permit. Owasso is unique in the way Special Exceptions may be allowed in zoning districts where the requested use (i.e. church) would not be allowed "by-right". This is problematic for several reasons. First, the Board of Adjustment is a quasi-judicial board that does not operate under the authority of the City Council. Second, because the Board of Adjustment is quasi-judicial, any appeals, whether from the applicant or citizens, may be disputed in District Court. For this reason, Staff believes it is in the best interest of the City to require some of the uses currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits". Specific Use Permit applications would be considered by the Planning Commission and the City Council, which would serve as a check and balance system. This would be beneficial given that the staff and the Planning Commission can require additional measures be taken to ensure the proposed use is of high quality and designed appropriately. Also, with a Specific Use Permit, the City Council would hear and approve or deny the item at their regularly scheduled meetings, thus ensuring a well reviewed application. DISCUSSION: In the past, many of the Special Exception uses currently shown in the zoning code may have been appropriate without the need for a more stringent review procedure. However, the City has grown to a point where many Special Exception uses have the potential to create negative impacts to adjoining residential, commercial, and public areas. These m ay not have been foreseen as a problem several years ago. Some Special Exception uses can be fairly complex and intense, thus having a high impact on neighborhoods. For example, in a residential district, the following uses are currently allowed by Special Exception in the City of Owasso with approval from the Board of Adjustment: Church ➢ Hospital ➢ School ➢ Post office ➢ University The following uses are allowed by Special Exception in commercial districts: ➢ Outdoor shooting range ➢ Drag strip ➢ Fuel oil sales ➢ Auto sales lots ➢ Truck Rental ➢ Race Tracks The following uses are allowed by Special Exception in light industrial districts: ➢ Hydroelectric generation plant ➢ Sanitary landfill ➢ Sewage disposal facility ➢ Juvenile delinquency center As mentioned earlier, all of the above uses, as well as many others, currently go before the BOA for approval or denial. It is important to remember that if the request is approved, it does not go before any other decision making body, and the applicant may proceed with preparing a site plan and then securing a building permit. If the applicant is denied, they have the option to appeal the decision in district court. In either case, neither the Planning Commission nor the City Council has a chance to review or act upon the request. Staff is concerned that many Special Exceptions are beyond the scope of the BOA's purpose and that many of these uses should be subject to a more thorough review process. Looking at the BOA's function in relation to the aforementioned issues, Staff believes that many Special Exceptions should go before the Planning Commission and then be forwarded to the City Council for final approval, similar to the way other zoning applications are processed. Typically, the BOA, acting as a quasi-judicial body, is appointed for the purpose of considering requests for relief from the requirements of the zoning ordinance or staff interpretations of the zoning ordinance. There are typically three types of applications the BOA considers: variances, appeals of administrative decisions, and non-conforming situation permits. Below are excerpts from other Cities' zoning codes describing the purpose and duties of their Board of Adjustment: Statesville, North Carolina The Statesville Board of Adjustment is a quasi-judicial board appointed by the Statesville City Council. A quasi-judicial hearing is similar to a court hearing in that witnesses are sworn in and decisions are based on evidence and factual testimony rather than opinions. The Board's responsibilities include granting variances and hearing appeals from decisions or interpretations made by the zoning administrator. The Board meets monthly to hear requests. Moore, Oklahoma In Moore, Oklahoma, the Board of Adjustment concerns itself with questions arising from the City's zoning regulations. Business of the Board includes hearing appeals from citizens who have been the subject of enforcement of zoning regulations; deciding map interpretations; and authorizing exceptions and variances to the zoning regulations. Edmond, Oklahoma Edmond, Oklahoma's Board of Adjustment was created to hear variances on Title 22 Zoning Ordinance for such items as height and setback. The Board of Appeals hears variances from the Building Code, Fire Code and Title 13 Utility Code for all other zoning codes. Olathe, Kansas Olathe, Kansas has a Board of Adjustment which will receive, hear, and decide appeals to official decisions pertaining to zoning requirements, and to consider applications for variances. In essence, the BOA is composed of lay-persons and business owners who are not accustomed to hearing many of the planning related items such as subdivision plats, easement closures, rezoning cases, and lot splits that the Planning Commission hears. Additionally, the Planning Commission is more accustomed to acting on related site issues such as driveway access, utilities, impacts on adjoining neighborhoods, and storm water impacts. Considering this, it makes better sense to take many of the special exception items to the Planning Commission rather than to the Board of Adjustment. Below is a list of the pros and cons of changing the current procedure for Special Exceptions: Pros The Planning Commission and City Council will have an opportunity to provide input and thus be able to mitigate any negative impacts to adjoining development. r Many of the Special Exception uses will get another layer of review, ensuring better safeguards in the process. ➢ The procedure will encourage more public review and evaluation of a use's operating characteristics and site development features. The review process will provide better assurance to the community that such uses will be compatible with their locations and surrounding land uses. Cons > The process has the potential to become more political, as the City Council will be required to take final action on specific use permits. Approval times will be lengthened. SUMMARY: It is recognized that the community is growing and, as such, has become more complex in terms of the proximity of uses in certain locations. A Special Use Permit (SUP) allows a use that may be appropriate in some locations in a given district with additional conditions such as, but not limited to, site modifications, additional landscaping, driveway location, hours of operation, building modifications, etc. Some common examples of an SUP are day care centers, private clubs, churches, bed and breakfasts, and congregate care housing in residential districts, as well as several other uses. An SUP also allows the Planning Commission or City Council to request additional conditions as part of the proposed development. Specific Use Permits, sometimes called special use permits or conditional use permits, are being used in most communities in our region as well as many other cities throughout the nation to address uses that, without modifications, tend to more intensely dominate the area in which they are located than do other permitted uses in the district. It is important that care is taken to integrate specific land uses with other uses in certain areas in order to prevent adverse impacts to the community at- large. PROPOSED ACTION: Staff has provided the proposed amendments to the Zoning Code Rules and Regulations along with this memo. The proposed changes are outlined by chapter and are shown in-line to illustrate proposed insertions and deletions to the current text. The following table outlines the process for considering the proposed amendments to the Zoning Code Rules and Regulations: Action Date Presentation of proposed amendments to Owasso January 11, 2011 City Council Work City Council Session Presentation of proposed amendments to Owasso February 7, 2011 Planning Commission Planning Commission Regular Meeting Public Hearing on proposed amendments February 7, 2011 Planning Commission Regular Meeting Recommendation b Planning Commission B February 11, 201 1 City Council consideration of Ordinance adopting February 15, 2011 City Council Regular the revised Owasso Zoning Code Meetin ATTACHMENTS: A. Proposed amendments to Zoning Code Rules and Regulations: Chapters 3, 4, 5, 6, 7, 12, 13, 14, 15, and 17 CHAPTER 3 AGRICULTURE DISTRICT PROVISIONS 300 Purposes 310 Principal Uses 320 Accessory Uses 330 Bulk and Area Requirements SECTION 300 PURPOSES OF AGRICULTURE DISTRICT SECTION 310 USES PERMITTED IN THE AGRICULTURE DISTRICT The principal uses permitted in the Agriculture Districts are: animal and poultry raising, arboretum, chick hatchery, cultivation, dairy farming, electrical regulation station (excluding storage or service garages and yards), farming, fishery, flood management project, forestry, grazing, guest or dude ranch, horticulture nursery, planting, pressure control station (gas or liquid, excluding storage or service garages and yards), ranching, reservoir, riding stable or academy, shelter (civil and storm), single-family detached dwelling, transmitting tower (excluding amateur radio tower), water storage facility NEC, wildlife preserve. ror~ ~ im a-F n e~l a ~ r e v - b us stati us o n r° C~ hemp r eet erv chi ldFe ~s Fl ~uc~- rarrr~ i r ~ g cr ~ y vcccr vr r r c , GOMM c YR t crm , c~ ~ > > > r r em ater cultural > fa cilit N y da EC , cam d , Fa stri rlriv o_i n thea f ter > ai r = U m y, rlc Fr1 Ch e~ ol ol ~f f y rep irsn , e=ca y p rt t r' c* , g, n I# p, ~ - , te r c ~ g g r a , gQ , ma ~se leum minis} Fe t > ra n m ck nnct •t~ G r ORst ictin n f acil , t it T,-~ eu ~ T er re T T , cre ff7TTfLfCt atiGR N F1~ 00 EC 0tG ar k l T~ , aneta-riu TiLCJC , m nest f ice F c - OITJCY ~T e_ N rr CG~ F eks (aut T o T y, y, , p , , , sewa e di s o sal faG ilit ska te be aFd stadi um s , g p y, 7 , c:eu t, wat eF s lide, w ater t rea tm e nt plant The following uses require a Specific Use Permit in the Agricultural District: Airport Frisbee Golf Course Rodeo Aquarium Go-Cart Track Sanitarium Arena Golf Course San. Landfill Art Gallery Government Services School Bus Station Gun Club Sewage Disp, Cemetery Halfway House Skate Park Child Care Center Heliport Stadium Church Hospital Tennis Court College Commercial Camp Ground Community Center Convent Construction Trailer Crematory Cultural Center Day Camp Drag Strip Drive-in Theater Fairgrounds Family Care Home Juvenile Delinquency Ctr Library Marina Mausoleum Monastery Park Planetarium Post Office Power Plant Pre-Release Center Racing Tracks (auto, horse, dog) Rifle/Skeet Range Water Park Water Trtmnt. Plant The Specific Use Permit uses permitted in the Agriculture District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the-Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the Agriculture District. saf e uar ds > g , a Yea rani 11YemeRt S of th riG k % Dist FiEt e A g SECTION 320 ACCESSORY USES IN THE AGRICULTURE DISTRICT 320.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in an 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 agriculture districts, subject to the following provisions: A. Location: Home Occupation shall be conducted only within the principal structure. B. Area: The maximum floor area utilized for home occupation purposes shall not exceed twenty-five percent (25%) of the total floor area of the principal structure. C. Employees: The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed in the home occupation other than a member of the immediate family residing on the premises. D. 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 premises shall be permitted. 1. Disturbances: No mechanical or electrical equipment or other activities shall be allowed which create a noise, dust, odor, or electrical disturbance. Traffic and Parking: No home occupation shall generate more than 15 trips per day to and from the premises and all parking needs generated shall be accommodated by off-street parking which does not alter the non-commercial character of the premises. 320.2 Accessory Use Conditions General Conditions 1. 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. 2. Accessory buildings shall meet the minimum yard or building setback requirements. SECTION 330 BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT Table 3 Bulk and Area Requirements in the Agriculture District AG District Lot Width (Min. Feet) 200 Lot Area (Min. Acres) 2 Land Area (Min. Acres per Dwelling Unit) 2.2 Front Yard and Any Yard Abutting a Right of Way Arterial 35 Not an Arterial 25 Side Yard (Min. Feet) One Side Yard 15 Other Side Yard 15 Rear Yard (Min. Feet) 40 Building Height (Max. Feet) N/A CHAPTER 4 RESIDENTIAL DISTRICT PROVISIONS 400 Purposes 410 Principal Uses 420 Accessory uses 430 Bulk and Area Requirements 440 Sperial ExGentieR Uses, Requirements Specific Use Permit, Requirements 450 Site Plan Review SECTION 400 PURPOSES OF RESIDENTIAL DISTRICTS 400.1 General Purposes The residential districts are designed to: (A) Achieve the residential objectives of the Comprehensive Plan. (B) Protect the character of residential areas by excluding inharmonious commercial and industrial activities. (C) Achieve a suitable environment for family by permitting in residential areas appropriate neighborhood facilities, such as churches, schools, and certain cultural and recreational facilities. (D) Permit a variety of dwelling types and densities to meet the varying needs of families. (E) Control the density of residential development to facilitate the planning for an economical provision of streets, utilities, and other public facilities. 400.2 Purposes of the RE Residential Estate District The RE District is designed to permit the development and conservation of single- family detached dwellings in a suitable environment for family life on large parcels of land at a low population density. 400.3 Purposes of the RS Residential Single-Family Districts. The RS-1, RS-2, and RS-3 districts are designed to permit the development and conservation of single-family detached dwellings in suitable environments in a variety of densities to meet the varying requirements of families. 400.4 Purposes of the RD Residential Duplex District The RD district is designed to permit a more intense yet compatible use of tracts in or near single-family residential and other neighborhoods which, because of size, topography, or adjacent land use are not ideally suited for single-family use. 400.41 Purposes of the RTH Residential Multi-Family Townhouse District The RTH district is designed to permit the development of attached single-family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single-family dwellings. 400.5 Purposes of RM Residential Multi-Family District The RM district is designed to permit the development and conservation of multi- family dwelling types, such as garden apartments and townhouses, in suitable environments in a variety of densities to meet the varying requirements of families. 400.6 Purposes of the RMH Residential Mobile Home Park District The RMH district is designed to recognize mobile home living as a residential use necessitating location in residential areas yet requiring regulation to insure a suitable living environment. SECTION 410 PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS 410.1 Uses within the RE and RS Residential Estate and Single-Family Districts The principal uses permitted in the RE and RS Residential Districts are: single- family detached dwellings, open land uses (i.e. arboretum, flood management project, reservoir, wildlife preserve), passive agricultural uses (i.e. cultivation, forestry, planting). The s ecial exce tion us es er mitte d iR the RE and RS Reside Rtial Distri cAs aFe- p ambulaRce p p d . > at , rvtecci f ' acilit e[f O ceuFs e i F s ill-1 - ir a r L ° T~'° z~~~irc p control stati y, g as or on ( c, r . p 1 t P ~P c schoet g > teR RiS water , ster , facility. > > > age The following uses require a Specific Use Permit in the RE and RS Residential Districts: Ambulance Service Child Care Center Church College Community Center Electrical Regulation Station (excluding storage storage or service garages Fire Station Golf Course Hospital Tennis Court Library University Park WaterStorage Post Office Facility Pressure Control Station (CNG, excluding storage or service garages and yards) School Storm Shelter The Specific Use Permit uses permitted in the RE and RS Districts shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the RE and RS Districts. 410.2 Uses within the RD Residential Duplex District The principal uses permitted in the RD Residential Duplex District are: duplex dwellings and all the principal uses listed in Section 410.1. uIa rye sepAEe F R GW F Se FGh G o G G Ie eMM Rit r eet er - , - yam , - g~ ~ y ~ FeteGtiOR f acitit ' elf eurs G e ho s ital li bra-F aFI t of i ce ressu Fe p GGR491 stati g y, OR ( as er k - uid , exc [ p , WiR stor y, a e or 4, p se * es , p aRd sGheel shelt g er (civil def q , ense a - Rd St g GFM) tPm g Air G sit w ater steFa , , faGikties , , y, ge The following uses require a Specific Use Permit in the Residential Duplex (RD) District: Ambulance Service Hospital Universitye Child Care Center Library WaterStorage Church Park Facility College Community Center Electrical Regulation Station (excluding storage or service garages and yards) Post Office Pressure Control Station (CNG, excluding storage or service garages and yards) School Fire Station Storm Shelter Golf Course Tennis Court The Specific Use Permit uses permitted in the RD District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the RD District. 410.3 Uses within the RTH Multi-family Townhouse District The principal uses permitted in the RTH Residential Townhouse District are: townhouses, duplex dwellings, and all the principal uses listed in Section 410.1. are ; 7 7 7 7 reectivR f adl , elf G eurs e, hes it a" -c' vr ~r a rk - ost 7 ressw re p tty, g li uid pp - , r p s, p p Scheel q , teRRi s w ater stera 7 e , faGility.' J 7 7 g The following uses require a Specific Use Permit in the Residential Townhome (RTH) District: Ambulance Service Child Care Center Church College Community Center Electrical Regulation Station (excluding storage or service garages and yards) Fire Station Golf Course Hospital Library Park Post Office Pressure Control Station (CNG, excluding storage or service garages and yards) School Storm Shelter Tennis Court University/College Water Storage Facility The Specific Use Permit uses permitted in the RTH District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the RTH District. 410.4 Uses within the RM Multi-family District The principal uses permitted in the RM Multi-family District are: multi-family dwellings, fraternity or sorority houses, rooming/ boarding house, townhouse, duplex dwellings, and all the principal uses listed in Section 410.1. The s ecial ex -ou}tGR uses °r~ he DAM uti_fa mil DictFi Eta Fe_ p p C y OMMU Rit 7 y 7 Feter f t~-n if aGi 8 r-~s o h } }~I li brar na ~ S - f } t r e 1 ~ ~S~ pro p prvz:cc r r acy , r c r , ~r ~ , y, , ~ Gt - - c -j ~ c rr c shelt Ghe er (civil def 7 eRse a Rd teR RiS w ater stepa ) ) faGility. ) 7 ) ge The following uses require a Specific Use Permit in the Residential Multi-family (RM) District: Ambulance Service Child Care Center Church College Community Center Electrical Regulation Station (excluding storage Or service garages and yards) Fire Station Golf Course Hospital Library Park Post Office Pressure Control Station (CNG, excluding storage or service garages and yards) School Storm Shelter Tennis Court University/ College Water Storage Facility The Specific Use Permit uses permitted in the RM District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the RM District. All multi-family dwellings shall be located within an approved Planned Unit Development (PUD). 410.5 Uses within the RMH Mobile Home Park District The principal uses permitted in the RMH Mobile Home Park District are: mobile home dwellings (excluding travel, camp or recreational vehicles) and all the principal uses listed in Section 410.1. hi l } ~i ld n'r n ur r h t m mi mild r + or ance s~ c a-m,~, Fe se y ~u,~cr - ~ G c:e S ege; E -~en ~ m 7 facility, pFeteGtieR gelf 7 7 ) p aFk, pest 7 pressu re li uid q , > scheel, shelter (ci fly. vil defense aRd > > water sterage The following uses require a Specific Use Permit in the Residential Mobile Home Park (RMH) District: Ambulance Service Child Care Center Church College Community Center Electrical Regulation Station (excluding storage or service garages and yards) Fire Station Golf Course Hospital Library Park Post Office Pressure Control Station (CNG, excluding storage or service garages and yards) School Storm Shelter Tennis Court University/ College Water Storage The Specific Use Permit uses permitted in the RMH District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the RMH District. SECTION 420 ACCESSORY USES IN RESIDENTIAL DISTRICTS 420.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in a residential district are permitted in such district. In addition, the following uses set forth in Table 1 are permitted accessory uses. Table 1 Accessory Uses Permitted in Residential Districts Uses Districts 1. Home Occupations All R Districts 2. Roomers and Boarders (two persons maximum) All RE Et RS Districts 3. Shelters All R Districts 4. Swimming Pool All R Districts 5. Management Office and Private Recreation, Laundry and Storage Facilities I RM, RMH, RMT --J1 420.2 Accessory Use Conditions (A) General 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. 2. A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to carports, provided the minimum required front yard or side yard or setback line is observed. 3. Within the rear yard, a detached accessory building shall be located at least five feet from any interior lot line. 4. One unoccupied recreational vehicle or boat, a length of 30 feet or less, may be parked upon a lot as an accessory use, provided that the vehicle is parked upon a paved surface. (B) 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: 1. Location: Home Occupation shall be conducted only within the principal structure. 2. Area: The maximum floor area utilized for home occupation purposes shall not exceed twenty-five percent (25%) of the total floor area of the principal structure. 3. 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. 4. Merchandise: The home occupation shall not involve the retail sale of merchandise manufactured off the premises. 5. Visibility of Merchandise: No merchandise shall be displayed in such a manner as to be visible from outside. 6. Outdoor Storage: No outdoor storage shall be allowed in connection with any home occupation. 7. Maintenance of Residential Character: No alteration of the residential character of the premises may be made, including the removal of garage doors. 8. Signs: No signs, display, or advertising on premises shall be permitted. 9. Disturbances: No mechanical or electrical equipment or other activities shall be allowed that create a noise, dust, odor, or electrical disturbance. 10. Traffic and Parking: No home occupation shall generate more than 5 trips per day to and from the premises and all parking needs generated shall be accommodated by off-street parking which does not alter the residential character of the premises. 11. Customers: No home occupation shall be allowed where it is expected that customers will visit the location. C) Roomers and Boarders In a dwelling unit occupied as a private residence, one or more rooms may be rented or table board furnished, to not more than two persons who are non- members of the family occupying said premises as a permitted accessory use. However, no window display or sign board shall be used to advertise such use. SECTION 430 BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS 430.1 Bulk and area requirements in the RE, RS, RD, RTH and RM districts are shown on Table 2 and 3 on the following two pages. Table 2 BULK AND AREA REQUIREMENTS SINGLE-FAMILY DISTRICTS RE RS-1 RS-2 RS-3 Lot Width (Ft) 150* 100 75 65 Lot Area (Sq Ft) 24,000 131500 9,000 71000 Land Area Per Dwelling (Sq Ft) 28,375 16,000 10,875 81400 Livability Space (Sq Ft) 121000 7,000 5,000 41000 Front Yard Setback (Arterial) 35 35 35 35 Front Yard Setback (Non-Arterial) 35 35 30 25 Corner Yard Setback (Arterial) 20 20 20 20 Corner Yard Setback (Non-Arterial) 15 15 15 Rear Yard Setback 25 25 25 iij] Side Yard Setbacks (Both Listed) 16- 15/15 5/5 5/5 Side yard setbacks will be measured from the point of the wall that is nearest to the property line of the adjacent property. TOWNHOUSE DEVELOPMENT Development Width (min. feet) 70 Lot Width (min. ft.) 20 Lot Area (min.sq. ft.) 11600 Land Area (of development) per dwelling (min. sq. ft.) 3,600 Table 3 BULK AND AREA REQUIREMENTS MULTI-FAMILY DISTRICTS RD RTH RM Lot Width (Ft) One and Two Family 60 40 60 Multi-Family (Other than RTH) 100 Lot Area (Sq Ft) One and Two Family 6,900 5000 7,000 Multi-Family (Other than RTH) 6,000 Land Area Per Dwelling (Sq Ft) One Family 8,400 6,500 7,500 Two Family 41200 4,000 41200 Multi-Family (Other than RTH) First Two D. U . 4, 200 Each Additional D.U. Less than Two 2,400 Bedrooms Two or More Bedrooms 3,100 Livability Space (Sq Ft) 2,000 1,000 800 Front Yard Setback (Arterial) 35 35 35 Front Yard Setback (Non-Arterial) 25 25 10 Corner Yard Setback (Arterial) 15 20 15 Corner Yard Setback (Non-Arterial) 15 15 15 Rear Yard Setback 20 20 10 Side Yard Setbacks (both Listed) 5/5 N/A 10/10 Any multi-family developments within the RM district must be located within an approved Planned Unit Development. 430.2 Bulk and Area requirements in the RMH District A. The Mobile Home Park Development: Tract Area (Min) 5 acres Tract Width (Min) 200 feet Land Area per Dwelling Unit (Min) 6,000 square feet Livability Space per Dwelling Unit 300 square feet Livability space shall be provided in common areas of not less than 7,500 square feet, located so as to be conveniently accessible to the mobile homes it is intended to serve. Front yards and any yards abutting a Public Street: Measured from centerline, and 1/2 of right-of-way width designated on Major Street Plan or 25 feet if not designated on Major Street Plan (Min.) Abutting an Arterial 35 feet Abutting a Non-Arterial 25 feet Side Yard (Min) 10 feet Rear Yard (Min) 10 feet Height (Max) One Story B. Internal Requirements Mobile Home Space (Min), exclusive of streets, required off-street parking, and required livability space 3,000 square feet Separation between Mobile Homes (Min) 15 feet Mobile Home Setback from Centerline of a Private Internal Street (Min) 25 feet All interior private streets must comply with Owasso Engineering Design Criteria. C. Mobile Home Subdivisions A mobile home park development containing a tract area of not less than 5 acres 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 Planning Commission and filed of record in the office of the County Clerk where the property is located. Land Area per Dwelling Unit (Min) 6,000 square feet Lot Size (Min) 4,000 square feet Livability Space per Dwelling Unit (Min) 1,000 square feet Height (Max) One Story Front yards and any yards abutting a Public Street: Measured from centerline, add 1 /2 of right-of-way width designated on the Major Street Plan or 25 feet if not designated (Min) Abutting an Arterial 35 feet Abutting a Non-Arterial 25 feet Side Yards (Both Min. Listed) 5/5 feet Rear Yard (Min) 10 feet SECTION 440 5oreGI.A1 E X G E R I nu SPECIFIC USE PERMIT USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS The SpeGia ExceptiGR Uses Specific Use Permit, permitted in the residential districts, as desigRated iR Tab ~ , are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Board of AdjustmeRt Planning Commission. A. In the RE and RS districts, children's nurseries shall comply with the lot width, lot area, height, and yard requirements for single-family use and, in addition, a maximum floor area ratio of .5 (50%) shall apply. B. Sp is eptiGR Specific Use Permit uses shall comply with the least restrictive yard and height requirements of the district in which located, and, in addition, shall comply with the following requirements: 1. Maximum floor area ratio of .5 (50%). 2. Maximum lot size of 10,000 square feet. 3. Minimum frontage of 100 feet. 4. A minimum building setback of 25 feet from abutting properties located within an R district. Provided that if the use unit requirements are greater, the use unit requirements shall control. SECTION 450 SITE PLAN REVIEW - MOBILE HOME PARKS AND MULTI- FAMILY COMPLEXES OVER 10 UNITS 450.1 Purpose By reason of potential adverse effects on public services or to neighboring land uses, site plan approval by the Community Development Department is required for all mobile home parks and multi-family complexes over four units for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan. 450.2 Application for Site Plan Review An application for site plan review shall be filed with the Community Development staff. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances. Appeals from denial of the Community Development staff shall be made to the City Council. Site Plan application packets must be submitted to the Community Development Department no later than the 1st Business Day of the Month in which the Owasso Technical Advisory Committee will address the Site Plan. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, in the following format and with the following information: Fifteen (15) Full Size Copies (24"x 36")* Ten (10) 1/2 Scale Copies* One 8 1/z" x 11" Copy *Plans should be folded to be no larger than 9"x12" in size • One Digital Copy (dwg. Format) • Completed application, $25.00 fee. • Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: Date, Indication of the scale (Minimum Scale V=100', V=20' preferred), bar scale, north arrow and location map (does not have to be drawn to scale). Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed based on topographic and/or ALTA survey or previously approved site plan. The base information should include, but not be limited to, the existing topographic character of site including trees, mass vegetation, wetland delineation, etc., extending onto adjacent property a minimum of 40 feet. • Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated. • 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. • Location and dimensions of required building setbacks, landscape setbacks and\or easements. • Zoning and land uses of all adjacent properties. • Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths. • The location and dimension of all existing and proposed curb lines, driveways and neighboring street intersections within 150' of project. • The location of all existing and proposed storm water conveyance structures. 0 Proposed stormwater detention facilities and structures. Outdoor Lighting Plan Included on the site plan or as a separate sheet, if necessary, locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation /footing and other device (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.). For projects that will likely impact nearby residential developments, a photometric plan (a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices) will be required. Site Plans must show and/or dimension the following information: • Existing and Proposed Right-of-way and easements should be shown and dimensioned. • Parcel/Lot Dimensions. (Tie to street monument) • Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways). • Driveway locations and widths. • Existing and proposed street names and classifications. • Existing and proposed driveways along with size of drive. • Raised islands, existing and proposed traffic signals and other traffic control devices. Site Plans must show the following information on all existing and proposed buildings and structures: • Location • Dimension and square footage. • Building height. • Proposed building finished floor elevation • Dimension building(s) to property lines and distances between buildings • Label each building with the proposed use Site Plans must show the following information regarding existing streets adjacent to the development site: • Right-of-way and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required on arterial streets). • Traffic Island and other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected. • Pedestrian walkways or sidewalks including curb ramps where required. • Location and length of queuing areas for drive through service areas. • Location of proposed retaining walls (include detail and cross-section). • Show and label screening/ buffering from adjacent Residential uses. • Trash enclosure (include detail). • Location, height and material of fences. • Location, height, size, and type of any proposed ground sign (signs are approved by separate permit). • Show all phases of development for each lot/site plan (if applicable). • Location of all planned landscape areas. Plan data table including the following information: • Site Area (Gross and Net) • Gross Building Area • Percent of Lot Coverage (show calculation) • Parking Required and Provided (including ADA accessible) Site Plans must also provide a narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc). CHAPTER5 OFFICE DISTRICT PROVISIONS 500 Purposes 510 Principal Uses 520 Accessory Uses 530 Bulk and Area Requirements 540 SpeGia EXC=ePti9R I Ifaf Specific Use Permit, Requirements 550 Site Plan Review SECTION 500 PURPOSES OF THE OFFICE DISTRICT 500.1 General Purposes The Office Districts are designed to preserve and promote the development of efficient office facilities and to maximize the compatibility with other land uses by: A. Establishing bulk and area controls. B. Requiring off-street parking and loading facilities. C. Establishing the districts necessary to meet the need for a variety of office types. 500.2 Purposes of the OL Office Low Intensity District The OL District is designed to facilitate the development and preservation of low intensity office development. 500.3 Purposes of the OM Office Medium Intensity District The OM District is designed to provide areas for offices, together with certain community facilities normally compatible with primary office uses. It is designed to preserve existing medium intensity office development and to facilitate the development of new medium intensity office areas. SECTION 510 PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS 410.6 Uses within the Office Districts The principal uses permitted in the Office Districts are: abstract company, advertising agency, ambulance service, artist's studio, broadcasting or recording studio, church, college, community center, computing service, copying service, data processing service, drafting service, dental clinic and laboratory, employment agency, financial institution (other than pawn shop), fire protection facility, funeral home, general business offices excluding on-premise sale of merchandise, hospital, interior design (no retail sales), library, medical offices, medical clinics, medical laboratories, optician or optical offices, optician or optical laboratories, park, photography studio, post office, prescription pharmacy (provided that no sundry or other merchandise is sold or offered for sale), school, studio for teaching ballet, dance, drama, fine arts, music, language, business, or modeling, tennis court, transportation ticket office, travel agency, and veterinary office (excluding boarding services). bee sho steFe Gan d ster e ch ikdr eR'S IFser eati la R ce el t l p, , y , elrc g - p , ec r}Eit li uor i t t b te baGGe 7 q 7 pr va e c u 1 1 The following uses require a Specific Use Permit in the Office Districts: Beauty/Barber Shop Book Store Candy Store Child Care Center Eating Place Electrical Regulation Station (excluding storage Or service garages and yards) Florist Golf Course Newstand Gift Shop Golf Course Newstand Nut Store Pressure Control Station (CNG, excluding storage or service garages and yards) Liquor Store Private Club Stationary and Office Supply Store Tobacco Store Water Storage Facility The Specific Use Permit uses permitted in the Office Districts shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the Office Districts. SECTION 520 BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS Table 3 BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS REQUIREMENT OL OM Lot Area Minimum (Sq. Ft.) N/A N/A Frontage (Min Ft.) Arterial and Freeway Service Road 75 100 Non-Arterial 50 50 Floor Area Ratio (maximum) .25 .50 Setback from Centerline of Abutting Street (Min. Ft.): To the setback distance shown, add 1/2 of the right-of-way width designated on the Major Street Plan, or 25 feet if the street is not designated. 30 50 Arterial and Freeway Service Road 20 25 Non-Arterial Setback from Abutting AG or R District boundaries 10 10* Building Height (Max. Ft.) 18 N/A * Plus 1 foot of setback for each 1 foot of building height exceeding 18 feet, if the abutting property is within an RE, RS, or RD District. SECTION 530 _54CIAi _EvrroTSPECIFIC USE PERMIT USES IN OFFICE DISTRICTS, REQUIREMENTS The Special ExGeptieR Specific Use Permit uses permitted in the Office Districts are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the BeaFd of AdjustmeR+ Planning Commission: 1. Shopping Goods and Services in the Office districts shall comply with the following requirements: A. The permitted span, exceptiOR Specific Use Permit shopping goods and services listed below shall be located entirely within the principal building and shall have their pedestrian entrance and exit through the principal building. B. Permitted special exceptieR Specific Use Permit shopping goods and services in the Office districts are limited to the following uses and use groupings: Barber Shop Beauty Shop Book Store Florist Gift, Novelty Liquor Store Newsstand Medical, Dental, Optical, and Orthopedic Supplies Stationary and Office Supplies Tobacco, Candy, and Nut Store C. Each accessory use shall be limited to a maximum of 4,000 square feet of floor area per specific use grouping (1-10) listed above. 2. A minimum frontage of 100 feet is a requirement of the Special €xc:eptieg Specific Use Permit uses. SECTION 550 SITE PLAN REVIEW By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Community Development Department, after review by the Technical Advisory Committee, is required for all office developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued, nor use commenced within an office development, except in accordance with an approved site plan. 550.1 Purposes By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Community Development Department, after review by the Technical Advisory Committee, is required for all commercial developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued, nor use commenced within this development, except in accordance with an approved site plan. 550.2 Application for Site Plan Review An application for site plan review shall be filed with the Community Development staff. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances. Appeals from denial of the Community Development staff shall be made to the City Council. Site Plan application packets must be submitted to the Community Development Department no later than the 1St Business Day of the Month in which the Owasso Technical Advisory Committee will address the Site Plan. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, in the following format and with the following information: • Fifteen (15) Full Size Copies (24"x 36")* • Ten (10) '/z Scale Copies* • One 8 ''/z" x 11" Copy *Plans should be folded to be no larger than 9"x12" in size • One Digital Copy (dwg. Format) • Completed application, $25.00 fee. • Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: Date, Indication of the scale (Minimum Scale V=100', V=20' preferred), bar scale, north arrow and location map (does not have to be drawn to scale). Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed based on topographic and/or ALTA survey or previously approved site plan. The base information should include, but not be limited to, the existing topographic character of site including trees, mass vegetation, wetland delineation, etc., extending onto adjacent property a minimum of 40 feet. Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated. 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. • Location and dimensions of required building setbacks, landscape setbacks and\or easements. • Zoning and land uses of all adjacent properties. • Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths. • The location and dimension of all existing and proposed curb lines, driveways and neighboring street intersections within 150' of project. • The location of all existing and proposed storm water conveyance structures. • Proposed stormwater detention facilities and structures. • Outdoor Lighting Plan Included on the site plan or as a separate sheet, if necessary, locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation /footing and other device (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.). For projects that will likely impact nearby residential developments, a photometric plan (a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices) will be required. Site Plans must show and/or dimension the following information: • Existing and Proposed Right-of-way and easements should be shown and dimensioned. • Parcel/Lot Dimensions. (Tie to street monument) • Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways). • Driveway locations and widths. • Existing and proposed street names and classifications. • Existing and proposed driveways along with size of drive. • Raised islands, existing and proposed traffic signals and other traffic control devices. Site Plans must show the following information on all existing and proposed buildings and structures: 0 Location • Dimension and square footage. • Building height. • Proposed building finished floor elevation • Dimension building(s) to property lines and distances between buildings • Label each building with the proposed use Site Plans must show the following information regarding existing streets adjacent to the development site: • Right-of-way and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required on arterial streets). • Traffic Island and other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected. • Pedestrian walkways or sidewalks including curb ramps where required. • Location and length of queuing areas for drive through service areas. • Location of proposed retaining walls (include detail and cross-section). • Show and label screening/ buffering from adjacent Residential uses. • Trash enclosure (include detail). Location, height and material of fences. • Location, height, size, and type of any proposed ground sign (signs are approved by separate permit). • Show all phases of development for each lot/site plan (if applicable). Location of all planned landscape areas. Plan data table including the following information: • Site Area (Gross and Net) • Gross Building Area • Percent of Lot Coverage (show calculation) • Parking Required and Provided (including ADA accessible) Site Plans must also provide a narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc). CHAPTER 6 COMMERCIAL DISTRICT PROVISIONS 600 Purposes 610 Principal Uses 620 Accessory Uses 630 Bulk and Area Requirements 640 SpeGia' ExreptieR "Specific Use Permit, Requirements 650 Location of Sexually Oriented Businesses 660 Site Plan Review SECTION 600 PURPOSES OF COMMERCIAL DISTRICTS 600.1 General Purposes The Commercial Districts are designed to: A. Achieve the commercial objectives of the Comprehensive Plan. B. Meet the needs for commercial services and goods of the trade area. C. Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land issues 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. 4. Protecting the character of commercial districts and their peculiar suitability for commercial uses. 600.2 Purposes of the CS Shopping Center District The CS District is designed to accommodate convenience, neighborhood, sub- community, community, and regional shopping centers providing a wide range of retail and personal service uses. 600.3 Purposes of the CG General Commercial District The CG District is designed to: A. Accommodate existing development of mixed commercial uses which are well established, while providing a degree of protection to adjacent residential areas. B. Accommodate the grouping of certain commercial and light industrial uses which are compatible with one another. 600.4 Purposes of the CH Commercial High Intensity District The CH District is designed to accommodate high intensity commercial and related uses. SECTION 610 USES PERMITTED IN COMMERCIAL DISTRICTS 610.1 Uses within the CS Commercial District The principal uses permitted in the CS Commercial District are: abstract company, advertising agency, ambulance service, antique shop, appliances store or repair, art gallery, artist supply store, artist's studio, automotive parts and accessories store, bakery (retail), barber shop, bicycle shop, billiard parlor, book store, bowling alley, broadcasting or recording studio, bus station, business machine sales, candy store, cafeteria, caterer, church, clothing store, coffee shop, college, community center, computing service, confection shop, copying service, cosmetic shop, costume or uniform rental, dairy store, dance hall, data processing service, delicatessen, dental clinic and laboratory, department store, drafting service, dressmaking shop, drug store, dry cleaning, dry goods store, employment agency, enclosed recreation establishments, financial institution, fire protection facility, florist, food specialty store, funeral home, furniture store, garden supply, gasoline service station, general business offices, gift shop, grocery, gunsmith, gymnasium, hardware, health club, health food store, hobby shop, home furnishing store, hospital, hotel, ice cream store, interior decorating or design, jeweler, leather goods, library, laundry, liquor store, locksmith, medical offices, medical clinics, medical laboratories, motel, motion picture theater (enclosed), music store, newsstand, novelty shop, nut shop, office machine sales, optician or optical offices, optician or optical laboratories, paint store, park, pawn shop, pet shop, photographic supply store, photography studio, post office, prescription pharmacy, racquet ball club, restaurant, rifle range (enclosed), school, shoe repair, shoe store, skating rink (enclosed), slot car track, souvenir shop, sporting goods, stationary store, studio for teaching ballet, dance, drama, fine arts, music, language, business, or modeling, swimming pool (enclosed), tailor, tavern, tennis court, tobacco store, toy store, transportation ticket office, travel agency, variety store, veterinary clinic (excluding outside animal runs), wallpaper store, and weight reduction center. sa tes s ales was h , sh o ba , ker r , beat sale bett s ted as sale s cabiRet mak er ca p, m er > , g , , p isi Rfee , ti c ~QC s es , ~E e F > M;Rat; /^p - T S f ~n eR , e ~ / ORS F U N C TOf J . , C7 TLTp ) "GTT e GTt G~ c G C 7 establishme Rt fuel sat eil es FeeR heuse , ) , g ) ent, -jaRitG Fiat se wi ce, keRR el, l iReR SU PPty, m beF yaF d, mA"i im°eRt 7 s ales, plas tic mate rials sales, ) sale s, ) Fu g 7 1 taxid ermis t, vehiGle ) vending sale s and S eWiGe S) \ / indeW c iea ii Rg) aRd \A/AAA\AIAYI /IYIA c h p The following uses require a Specific Use Permit in the Commercial Shopping Center (CS) District: Agricultural Implement Sales Air Conditioning/ Heating Service Aircraft Sales Auctioneer Auto Wash Auto Rental Auto Sales Bait Shop Bakery (wholesale) Bindery Boat Sales Bottled Gas Sales Cabinet Maker Camper Sales Carpet Store Monument Sales Construction Contractor Motorcycle Sales Office Plastic Material Copying Service Sales Disinfecting Services Plumbing Shop Drapery Service Portable Storage Exterminating Service Building Sales Fence Construction Co. Printing and Frozen Food Locker Publishing Fuel Oil Sales Rug Cleaning Greenhouse (retail) Store Heating Equipment Taxidermist Janitorial Services Vehicle Repair Kennel Vending Sales Linen Supply and Services Lumber Yard Window Cleaning Shop Woodworking Shop The Specific Use Permit uses permitted in the CS District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the CS District. 610.2 Uses within the CG Commercial District The principal uses permitted in the CG Commercial District include all the principal uses permitted in the CS Commercial District plus: agricultural implement sales, air conditioning and heating service, aircraft sales, auctioneer, auto wash, automobile rental, automobile sales, bait shop, bakery (wholesale), bindery, boat sales, bottled gas sales, cabinet maker, camper sales, carpet store, contract construction service, copying services, disinfecting services, drapery service, exterminating services, fence construction establishment, frozen food locker, fuel oil sales, greenhouse (retail), heating equipment, janitorial service, kennel, linen supply, lumber yard, monument sales, motorcycle sales, plastic materials sales, plumbing shop, portable storage building sales, printing and publishing, rug cleaning, taxidermist, vehicle repair, vending sales and services, window cleaning, and woodworking shop. , ' E°niarc ~e~ a-eart tFac!, ~ getf oH +~g F ~g~o m inimsa t~+re ante - rn t~-uc nr eait~lc~ k recFeatiG R, race tracks ( aute, d og, and h eFse), Fe dee grounds, ska teb eard tFack-, establish rne44ts. stad ium , > The following uses require a Specific Use Permit in the Commercial General (CG) District: Arena Commercial Camp Drag Strip Drive-In Theater Fairgrounds Frisbee Golf Course Go-Cart Track Golf Driving Range Miniature RC Auto Track Outdoor Recreation Racing Tracks (auto, horse, dog) Rodeo Grounds Skateboard Track Shooting Range (outdoor) Stadium Truck Rentals Water Park Wholesale Businesses Fuel Oil Sales The Specific Use Permit uses permitted in the CG District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the CG District. 610.3 Uses within the CH Commercial District The principal uses permitted in the CH Commercial District include all the principal uses permitted in the CG Commercial District plus: truck rental, trucking establishments and warehouses. , Go ~rcvgr go-EQtt tra&, gH tf dti Vi Rg-Fa ~g°1rni' i .attire- ante tF'ltc k, E)a nr > race tracks (a ut e, d eg, aRd h e-11 I- - 51-9W REISI s kateb eard , ShGGtiRg range-(e utdeep), st adiu m, a Rd wa teFslide. The following uses require a Specific Use Permit in the Commercial High Intensity (CH) District: Arena Commercial Camp Ground Drag Strip Drive-In Theater Fairgrounds Frisbee Golf Course Go-Cart Track Golf Driving Range Miniature RC Auto Track Outdoor Recreation Racing Tracks (auto, horse, dog) Rodeo Grounds Skateboard Track Shooting Range (outdoor) Stadium Water Park The Specific Use Permit uses permitted in the CH District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the CH District. SECTION 620 ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS 620.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in a Commercial District are permitted in such district. 620.2 Accessory Use Conditions A. Accessory buildings shall meet the minimum building setback lines of the applicable district. B. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. SECTION 630 BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS Table 1 BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICT REQUIREMENTS CS CG CH Frontage (Min. Ft.) Arterial and Freeway Service Road 150 150 N/A Non-Arterial 50 50 N/A Floor Area Ratio (maximum) .50 .75 N/A Setback from Centerline of Abutting Street (Min Ft.): To the setback distance shown, add 1/2 of the right-of-way width designated on the Major Street Plan, or 25 feet is the street is not designated. Arterial and Freeway Service Road 50 40 N/A Non-Arterial 10 10 N/A Setback from Abutting R District Boundary (Min. 20* 20* 20* Ft. ) Building Height (Max. Ft.) n1 / n N /n, N! / n * Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if the abutting property is within an RE, RS, RD or RTH District. SECTION 640 corrini GvrroTinu SPECIFIC USE PERMIT USES IN COMMERCIAL DISTRICTS, REQUIREMENTS All special exceptiGR Specific Use Permit uses shall comply with the bulk and area requirements of the use district in which located. SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES 650.1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; B. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; C. Masturbation, and; D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 2. Specified Anatomical Areas includes the following: A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. For the purpose of this Ordinance, sexually-oriented businesses are defined as follows: 1. 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. 2. 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. 3. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4. 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. 5. 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. 6. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 7. 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. 8. 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. 9. 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. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CH" and "CG". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, 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 nonarterial street which provides access to a residentially zoned area. Provided further that the Board of djustmeRt Planning Commission may permit by a SpeGia' ExGe tiGR Specific Use Permit sexually oriented businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance limitations set forth herein. 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 Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION 660 SITE PLAN REVIEW 660.1 Purposes By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Community Development Department, after review by the Technical Advisory Committee, is required for all commercial developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued, nor use commenced within this development, except in accordance with an approved site plan. 660.2 Application for Site Plan Review An application for site plan review shall be filed with the Community Development staff. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances. Appeals from denial of the Community Development staff shall be made to the City Council. Site Plan application packets must be submitted to the Community Development Department no later than the 1St Business Day of the Month in which the Owasso Technical Advisory Committee will address the Site Plan. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, in the following format and with the following information: • Fifteen (15) Full Size Copies (24"x 36")* • Ten (10)'/z Scale Copies` • One 8 '/z" x 11 " Copy *Plans should be folded to be no larger than 9"x12" in size • One Digital Copy (dwg. Format) • Completed application, $25.00 fee. • Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: Date, Indication of the scale (Minimum Scale 1"=100', 1"=20' preferred), bar scale, north arrow and location map (does not have to be drawn to scale). Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed based on topographic and/or ALTA survey or previously approved site plan. The base information should include, but not be limited to, the existing topographic character of site including trees, mass vegetation, wetland delineation, etc., extending onto adjacent property a minimum of 40 feet. • Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated. • 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. • Location and dimensions of required building setbacks, landscape setbacks and\or easements. • Zoning and land uses of all adjacent properties. • Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths. • The location and dimension of all existing and proposed curb lines, driveways and neighboring street intersections within 150' of project. • The location of all existing and proposed storm water conveyance structures. • Proposed stormwater detention facilities and structures. • Outdoor Lighting Plan Included on the site plan or as a separate sheet, if necessary, locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation /footing and other device (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.). For projects that will likely impact nearby residential developments, a photometric plan (a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices) will be required. Site Plans must show and/or dimension the following information: • Existing and Proposed Right-of-way and easements should be shown and dimensioned. 0 Parcel/Lot Dimensions. (Tie to street monument) • Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways). • Driveway locations and widths. • Existing and proposed street names and classifications. • Existing and proposed driveways along with size of drive. • Raised islands, existing and proposed traffic signals and other traffic control devices. Site Plans must show the following information on all existing and proposed buildings and structures: • Location • Dimension and square footage. • Building height. • Proposed building finished floor elevation • Dimension building(s) to property lines and distances between buildings • Label each building with the proposed use Site Plans must show the following information regarding existing streets adjacent to the development site: • Right-of-way and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required on arterial streets). • Traffic Island and other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected. • Pedestrian walkways or sidewalks including curb ramps where required. • Location and length of queuing areas for drive through service areas. • Location of proposed retaining walls (include detail and cross-section). • Show and label screening/ buffering from adjacent Residential uses. • Trash enclosure (include detail). • Location, height and material of fences. • Location, height, size, and type of any proposed ground sign (signs are approved by separate permit). 0 Show all phases of development for each lot/site plan (if applicable). • Location of all planned landscape areas. Plan data table including the following information: • Site Area (Gross and Net) • Gross Building Area • Percent of Lot Coverage (show calculation) • Parking Required and Provided (including ADA accessible) Site Plans must also provide a narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc). CHAPTER 7 INDUSTRIAL DISTRICT PROVISIONS 700 Purposes 710 Principal Uses 720 Accessory Uses 730 Bulk and Area Requirements 740 Site Plan Review SECTION 700 PURPOSES OF INDUSTRIAL DISTRICTS 700.1 General Purposes The Industrial Districts are designed to: A. Achieve the industrial objectives of the Comprehensive Plan. B. Meet the needs for industrial services and goods of the City of Owasso trade area. 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. Protecting the character of industrial districts and their peculiar suitability for industrial uses. 700.2 Purposes of the IL Industrial Light Manufacturing, Research, and Development District The IL 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 industrial activities which have no objectionable environmental influences. 700.3 Purposes of the IM Industrial Moderate District The IM District is designed to group together a wide range of industrial uses which may produce moderately objectionable environmental influences in their operation and appearance. 700.4 Purposes of the IH Industrial Heavy District The IH District is designed to provide areas for manufacturing and other industrial activities which may constitute substantial objectionable environmental influences or hazards. SECTION 710 PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS 710.1 Uses within the IL Industrial District The principal uses permitted in the IL Industrial District are: abstract company, advertising agency, agricultural implement sales, air conditioning and heating, aircraft sales, ambulance service, arena, armored car service, artist's studio, auctioneer, auto wash, automobile rental, bakery, bait shop, bindery, broadcasting or recording studio, bottled gas, bottling plant, building contract construction service and storage, cabinet maker, carpentry, carpeting, cesspool cleaning, church, computing service, concrete construction service, copying service, data processing service, decorating, drafting service, dental clinic and laboratory, drapery service, electrical regulation station, electrician, employment agency, enclosed scientific research and testing and development, exterminator, fence, financial institution, fire protection facility, frozen food locker, fuel oil, funeral home, gasoline service station, general business offices, general merchandising establishment, grain elevators, greenhouse, heavy construction contracting service, hospital, ice plant, janitorial service, kennel, landscape contractor, laundry, linen supply, lumber yard, machine repair, masonry, medical offices, mini storages, mobile home sales, monument shaping and sales, oil well drilling and cleaning establishments, optical offices, outdoor recreation, painting contractor, paper hanging contractor, pawn shop, plastering contractor, plastic materials trade establishment, photography studio, pharmacy, plumbing, portable storage building construction and sales, post office, pressure control station, printing and publishing, race tracks (auto, dog, horse), reupholstery, roofing, rodeo grounds, rug cleaning, school, sheet metal, shelter (civil defense and storm), sign painting, skateboard track, stone work, stadiums, storage, temporary open air facilities (such as a carnival, Christmas tree sales, circus, and tent revival), taxidermist, tile setting, transportation ticket office, travel agency, trucking establishments, truck rentals, vehicle repair, vehicle sales, vending sales and service, veterinary office, warehouses, water storage facility, water well drilling and cleaning, welding shop, wholesale establishments, window cleaning, and woodworking shop. The s eGi ai ex ce tien uses ermi tted i R the IL 'Rd ustFia l Distric t ape- baFbe p F p p ce ; meter , Sh9 > y, p, , > HR C11 , 16 , g , laRdfil l s ewa e dis e sal f aGilit teba Gee s ter e w ater tFeatM , eRt ! At a nd r'cccc~' , strde g . p y, , P - The following uses require a Specific Use Permit in the Light Industrial (IL) District: Airport Barber Shop Beauty Shop Bus Station Cafeteria Candy store Cemetery Coffee Shop Construction Contractor's Office Convict Prerelease Ctr. Crematory Delicatessen Dairy Store Drag Strip Drive In Theater Dry Cleaning Fairgrounds Florist Frisbee Golf Go Cart Track Golf Driving Range Governmental Services Grocery Store Gun Club Heliport Juvenile Delinquency Ctr. Liquor Stores Mausoleum Newstand Restaurant Retail Trade not Otherwise Classified Rifle and Skeet Range Sanitary Landfill Sewage Disposal Tobacco Store Water Treatment Plant Water Park Gift Shop The Specific Use Permit uses permitted in the IL District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the IL District. 710.2 Uses within the IM Industrial District The principal uses permitted in the IM Industrial District include all the principal uses permitted in the IL Industrial District plus: manufacturing of: acetylene gas, aluminum, bleaching powder, brass, brick, cellophane, celluloid, chlorine, coke, copper, creosote, dextrin, disinfectant, dyestuff, fertilizer, gas (heating or illuminating), gelatin, glucose, grease, hair, insecticide, lamp black, lard, linoleum, matches, oil, oilcloth, paint, paper, pickle, printing ink, rayon, rubber, sausage, sauerkraut, soap, soda ash, starch, tallow, turpentine, terra cotta, varnish, vinegar, washing compound, and yeast; blast furnace; boiler works; concrete ready mix plant; recreational uses such as: drag strip, fair grounds, frisbee golf course, go-cart track, golf driving range, gun club, rifle and skeet range, and waterslide; iron or steel foundry; rolling mill; sugar refining; tanning or curing of leather; and wool scouring. barber sh o bea ut bus G aRd She p, y 7 c ent er 7 7 dair y d 7 elic atess 7 eR p, theate r d r AG FiS t , ift e 7 yeFri y meRt at se 7 A , h dre- , ete y e -trie 7 ReFa - i e - , g Ia t 7 g i uy l ~i e d e ~ . ~i UeRG - E 7 erite r li 7 ueF st 7 $r y rr~crr~ cc ccrr g rrcr cr cT ~r ~ m ~ c c- g~ facil G acrn it , q retail t r Fa 7 sa riitaF y, sew a e 7 dis osal zCki~E s teFe7 aR d wat er tY eat mek 7 plant y 7 g p 7 The following uses require a Specific Use Permit in the Industrial Medium Intensity (IM) District: Airport Barber Shop Beauty Shop Bus Station Cafeteria Candy store Cemetery Coffee Shop Construction Contractor's Office Convict Prerelease Ctr. Crematory Delicatessen Dairy Store Drag Strip Drive In Theater Dry Cleaning Retail Trade not Fairgrounds Otherwise Florist Classified Frisbee Golf Rifle and Skeet Gift Shop Range Go Cart Track Sanitary Landfill Golf Driving Range Sewage Disposal Governmental Services Tobacco Store Grocery Store Water Treatment Gun Club Plant Heliport Water Park Juvenile Delinquency Ctr. Liquor Stores Mausoleum Newstand Restaurant The Specific Use Permit uses permitted in the IM District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the IM District. 710.3 Uses within the IH Industrial District The principal uses permitted in the IH Industrial District include all the principal uses permitted in the IM Industrial District plus: auto salvage; manufacturing of: acid, ammonia, asphalt, cement, explosives, glue, gypsum, time, and plaster of paris; distillation of bones, coal, tar, or wood; fat rendering; incineration or reduction of dead animals, garbage, offal or refuse; junk yard; refining of petroleum or other crude materials; refuse dump; slaughtering of animals; smelting; and stock yards; baFbeF sh o bea ut sho b6IS StAti OR Ga feteFia c aRd ste Fe ceme co ter ffee p, y p, , y , y, , , Sa RitaF sew a e dis osal faci li L esp., ,~tibaGc t e s }ter e, aR d wateF tr eatment , plaRt y , g p 4 Y The following uses require a Specific Use Permit in the Industrial High Intensity (IH) District: Airport Bus Station Construction Contractors Office Convict Prerelease Ctr. Crematory Drag Strip Go-Cart Track Golf Driving Range Governmental Services Gun Club Heliport Juvenile Delinquency Ctr. Rifle/Skeet Range Sanitary Landfill Sewage Disposal Facility Water Park Water Treatment Facility The Specific Use Permit uses permitted in the IH District shall follow the process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to the requirements, safeguards, and conditions as may be imposed by the Planning Commission. Further, the Specific Use Permit uses shall conform to the bulk and area requirements of the IH District. SECTION 720 ACCESSORY USES PERMITTED IN INDUSTRIAL DISTRICTS 720.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in an industrial district are permitted in such district. 720.2 Accessory Use Conditions A. Accessory buildings shall meet the minimum building setback lines of the applicable district. B. An accessory building erected as an integral part of the principal building shalt be structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. C. Accessory storage of materials, equipment, or products within 200 feet of an abutting R or AG district shall be screened by the erection of a screening wall or fence along the lot line or lines in common with the abutting R district. SECTION 730 BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS Table 1 BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS REQUIREMENTS IL IM IH Frontage (Min. Ft.) Arterial and Freeway Service Road 150 200 200 Non-Arterial 100 100 Floor Area Ratio (Max.) N/A N/A N/A Setback from Centerline of Abutting Street (Min. Ft.) To the setback distance shown, add'/z of the right-of- way width designated on the Major Street Plan, or 25 feet if the street is not designated. Arterial and Freeway Service Road 50 50 50 Non-Arterial 25 25 25 Setback from Abutting AG, R, or 0 District boundary lines (Min. Ft.)* 50 75 100 Building Height (Max. Ft.) N/A N/A N/A Does not apply when lot abuts a freeway zoned AG, R, or 0; however, in those instances a 10 feet setback shall be required. SECTION 740 SITE PLAN REVIEW 740.1 Purposes By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Community Development Department, after review by the Technical Advisory Committee, is required for all industrial developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued, nor use commenced within this development, except in accordance with an approved site plan. 740.2 Application for Site Plan Review An application for site plan review shall be filed with the Community Development staff. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances. Appeals from denial of the Community Development staff shall be made to the City Council. Site Plan application packets must be submitted to the Community Development Department no later than the 1St Business Day of the Month in which the Owasso Technical Advisory Committee will address the Site Plan. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, in the following format and with the following information: Fifteen (15) Full Size Copies (24"x 36")* Ten (10) 1/2 Scale Copies* One 8 1/2"x 11" Copy *Plans should be folded to be no larger than 9"x12" in size One Digital Copy (dwg. Format) Completed application, $25.00 fee. Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: • Date, Indication of the scale (Minimum Scale 1"=100', 1"=20' preferred), bar scale, north arrow and location map (does not have to be drawn to scale). Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed based on topographic and/or ALTA survey or previously approved site plan. The base information should include, but not be limited to, the existing topographic character of site including trees, mass vegetation, wetland delineation, etc., extending onto adjacent property a minimum of 40 feet. • Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated. • 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. • Location and dimensions of required building setbacks, landscape setbacks and\or easements. Zoning and land uses of all adjacent properties. • Location and size of all existing and proposed parking areas including driving, maneuvering lanes, and loading areas or berths. • The location and dimension of all existing and proposed curb lines, driveways and neighboring street intersections within 150' of project. • The location of all existing and proposed storm water conveyance structures. • Proposed stormwater detention facilities and structures. • Outdoor Lighting Plan Included on the site plan or as a separate sheet, if necessary, locate all illuminating devices and include a description of each device, fixture, lamp, support, reflector, pole, foundation /footing and other device (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.). For projects that will likely impact nearby residential developments, a photometric plan (a point-by-point footcandle array in a printout format indicating the location and aiming of illuminating devices) will be required. Site Plans must show and/or dimension the following information: • Existing and Proposed Right-of-way and easements should be shown and dimensioned. • Parcel/Lot Dimensions. (Tie to street monument) • Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways). • Driveway locations and widths. • Existing and proposed street names and classifications. • Existing and proposed driveways along with size of drive. • Raised islands, existing and proposed traffic signals and other traffic control devices. Site Plans must show the following information on all existing and proposed buildings and structures: • Location • Dimension and square footage. • Building height. • Proposed building finished floor elevation • Dimension building(s) to property lines and distances between buildings • Label each building with the proposed use Site Plans must show the following information regarding existing streets adjacent to the development site: • Right-of-way and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required on arterial streets). • Traffic Island and other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected. • Pedestrian walkways or sidewalks including curb ramps where required. • Location and length of queuing areas for drive through service areas. • Location of proposed retaining walls (include detail and cross-section). 0 Show and label screening/ buffering from adjacent Residential uses. • Trash enclosure (include detail). • Location, height and material of fences. • Location, height, size, and type of any proposed ground sign (signs are approved by separate permit). • Show all phases of development for each lot/site plan (if applicable). • Location of all planned landscape areas. Plan data table including the following information: • Site Area (Gross and Net) • Gross Building Area • Percent of Lot Coverage (show calculation) • Parking Required and Provided (including ADA accessible) Site Plans must also provide a narrative statement explaining the character of the development (i.e. eating place, convenience goods, intensive outdoor recreation, etc). CHAPTER 12 BOARD OF ADJUSTMENT 1200 Establishment of the Board 1210 Powers of the Board 1220 Proceedings of the Board 1230 Notice of Public Hearing 1240 Fees 1250 Appeals from the Building Inspector 1260 Interpretation 1270 Variances 1280 Special Exceptions 1290 Appeals to the District Court SECTION 1200 ESTABLISHMENT OF THE BOARD OF ADJUSTMENT This is hereby established a Board of Adjustment of the City of Owasso, Oklahoma, with the powers and duties hereinafter set forth. The Board of Adjustment shall consist of five members who shall be residents of the City of Owasso, Oklahoma and appointments of said members shall be made by the City Council of Owasso, Oklahoma. Each member shall serve without pay for a term of three 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 public hearing, may be removed by the appointing council for any one of the following causes: (1) failure to attend three consecutive regular or special meetings, or failure to attend two-thirds of the regular or special meetings held during any six- month period; (2) actions and conduct unbecoming to a public official of the City of Owasso, Oklahoma, and (3) repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Owasso. The Board shall organize, elect its chairman, vice-chairman, and secretary, and adopt rules necessary to the conduct of its affairs. SECTION 1210 POWERS OF THE BOARD The Board of Adjustment shall have the power to: 1. Hear and decide appeals, if it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance; 2. Hear and decide special exceptions to the terms of the ordinance upon which the Board of Adjustment is required to pass subject to said ordinance; 3. Authorize in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided for herein. The minutes of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the District Court. 1210.1 Conflict of Interest Any member of the Board who shall have an interest in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the Board, shall be disqualified from participating in the discussion, or proceeding of the Board in connection therewith. SECTION 1220 PROCEEDINGS OF THE BOARD Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the vice-chairman, or acting chairman may administer oaths and compel attendance of witnesses. All meetings, deliberations, and voting of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. In all matters, the Board shall decide within 90 days after the filing of an application for relief. The quorum, notice, filing and substantive requirements of the Board shall be as set forth in the following sections concerning the Board's exercise of a particular power. SECTION 1230 NOTICE OF PUBLIC HEARING The Board of Adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the Community Development Department, or before granting any Special Exception or Variance. Ten (10) days notice of public hearing shall be given as follows for a Special Exception, Variance or Appeal from a determination of the Community Development Department: By publication in a newspaper of general circulation; and, 2. By mailing written notice to all owners of property within a three hundred (300) feet radius of the exterior boundary of the subject property. The notice shall contain: A. The legal description of the property and the street address or approximate location of the property. B. The present zoning classification of the property and the nature of the relief sought. C. The date, time and place of the hearing. The responsibility of giving proper and timely notice and paying all costs thereof shall be that of the applicant. Any action taken by the Board of Adjustment on an application at a public hearing shall become null and void if the applicant fails to comply with requirements set forth herein. SECTION 1240 FEES Application fees for a Variance or Special Exception shall be paid to the City Clerk of the City of Owasso the amount of which shall be established by resolution adopted by the City Council. SECTION 1250 APPEALS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT 1250.1 General An appeal to the Board of Adjustment 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 in the enforcement of this code. 1250.2 Notice of Appeal An appeal shall be taken within ten days from the determination complained of by filing with the Community Development Department and with the Secretary of the Board a notice of appeal, specifying the grounds thereof. 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. 1250.3 Board of Adjustment Action The Board shall hold the public hearing. The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The Board shall make its decision within 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 members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Community Development Department. 1250.4Stay 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 Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his 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. SECTION 1260 INTERPRETATION A. The Board shall interpret the text of this code or the Official Zoning Map upon an appeal from a determination of the Building Inspector after compliance with the procedural standards of Section 1350. B. Where a question arises as to the zoning district classification of a particular use, the Board of Adjustment, upon written request of the Building Inspector, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing. SECTION 1270 VARIANCES 1270.1 General The Board of Adjustment, 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 Comprehensive 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 the code will result in unnecessary hardship. The Board shall not vary any jurisdictional requirements such as notice. 1270.2Application A request for a variance shall be initiated by the filing of an application with the City Clerk and shall be set for public hearing by the City Clerk in accordance with the rules established by the Board. 1270.3Board of Adjustment Action The Board shall hold the public hearing and, upon the concurring vote of three members, may grant a variance only upon a finding that: 1. The application of the ordinance to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; and, 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Plan. Provided that 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. 1270.4Time Limitation on Variances. A variance which has not been utilized within one year from the date of the order granting the variance shall thereafter be void. For the purpose of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. SECTION 1280 SPECIAL EXCEPTIONS 1280.1 General The Board of Adjustment, 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 r i~~f ;i vninrnrrggr-diStFiCAS.. B. The change of a nonconforming use as provided in Chapter 11, Nonconformities. C. The restoration of a partially destroyed structure containing a nonconforming use as provided in 11, Nonconformities. D. The restoration of a partially destroyed nonconforming structure as provided in Chapter 11, Nonconformities. E. The if rzattion of a rrrcrce g-rer'g irer"~'reRt,-as pFeyid in Sec i"crGR 50, Chapter 2, D•isst-riGt PFevisiees! GeReF-;;[ The modification of the screening requirement as provided in Chapter 2, Section 240.2 (c) F. Off-street parking use of property located within a residential district, when the property is abutting an office, commercial or industrial district. 1280.2Application A request for a Special Exception shall be initiated by the filing of an application with the City City Planner and shall be set for public hearing by the City City Planner in accordance with the rules established by the Board. 1280.3Board of Adjustment Action The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three members, may 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. Provided that 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. 1280.4Time Limitation on Special Exceptions A Special Exception which has not been utilized within one year from the date of the order granting same 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. SECTION 1290 APPEALS TO THE DISTRICT COURT 1290.1 Procedure An appeal from any action, ruling, decision, judgment, or order of the Board of Adjustment 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 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, 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 or in bad faith, or with malice in making the decision being appealed. 1290.2Stay of Proceedings An appeal to the District Court stays all proceedings in furtherance of the action appealed unless the chairman of the Board certifies to the Court Clerk, after notice shall have been filed, that 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. CHAPTER 13 AMENDMENTS 1300 General 1310 Policy on Zoning Map Amendments 1320 Zoning Text Amendments 1330 Zoning Map Amendments SECTION 1300 GENERAL The regulations, restrictions, prohibitions, and limitations imposed and the districts created by Chapters 1-16 and Appendices may from time to time be amended, supplemented, changed, modified, or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the Planning Commission shall adopt procedural rules for the conduct of zoning public hearings. SECTION 1310 POLICY ON ZONING MAP AMENDMENTS It shall be the policy of the City of Owasso, Oklahoma that in consideration of proposed amendments to this code that: Amendments will be adopted to recognize changes in the Comprehensive Plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally. Zoning map amendments must be in compliance with the Owasso Land Use Master Plan. SECTION 1320 ZONING TEXT AMENDMENTS The Planning Commission, upon its own motion, may, or at the direction of the City Council shall, hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the Planning Commission shall within 30 days transmit its report and recommendation to the City Council. SECTION 1330 ZONING MAP AMENDMENTS 1330.1 Application and Fees A. An amendment to the Zoning Map shall be initiated by the filing of an application with the Community Development Department. An application shall be in such form and content as the Planning Commission may by resolution establish and shall be accompanied by the payment of a fee, the amount of which shall be established by resolution adopted by the Planning Commission and approved by the City Council. Costs of notice and posting of signs shall be billed to the applicant. The applicant shall be required to pay an ordinance publication fee if the application is approved. B. An application shall be filed with the City Clerk and shall be set for public hearing. 1330.2Notice Required The Planning Commission shall give twenty (20) days 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. Twenty (20) days notice of public hearing shall be given by mailing notice to all owners of property within in 300 feet radius of the exterior boundary of the subject property. In addition, twenty (20) days notice of public hearing shall be given by posting the property sought to be zoned. The notice shall contain: A. Date, time, and place of the public hearing. B. Legal description of the property and the street address or approximate location of the property. C. By whom the public hearing will be conducted. D. Proposed use of the property. E. Present zoning district classification of the property and the proposed zoning district classification, provided: 1. Notice of a proposed RM-2 rezoning shall confer jurisdiction on the Planning Commission to consider and act upon RM-2, RM-1, RTH, RD, RS-3, RS-2, RS-1, and RE, or combinations thereof in the disposition of the application, and in like manner, notice of any R District, including RMH, shall confer jurisdiction to consider any less dense R District, except RMH. 2. Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CS1 OM, and OL or combination thereof in the disposition of the application, and in like manner, notice of any C District shall confer jurisdiction to consider any less intense C District or any 0 District, and notice of any 0 District shall confer jurisdiction to consider any less intense 0 District. 3. Notice of a proposed IH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon IH, IM, IL or combination thereof in the disposition of the application, and in like manner, notice of any I District shall confer jurisdiction to consider any less intense I District. 4. Specific notice of a proposed AG, PUD or RMH district shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, PUD, or RMH District. 1330.3Planning Commission Action on Zoning Map Amendments After notice and public hearing, the Planning Commission shall vote to: A. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification or, B. Recommend to the City Council that the application be denied, and: An application recommended for approval or approval subject to modification, shall be transmitted, with the report and recommendations of the Planning Commission, to the City Council within 15 days from the date of Planning Commission action. 2. An application recommended for denial shall not be considered further unless the applicant within 15 days from the date of the Planning Commission, files a written request with the City Clerk for a hearing by the City Council. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendation to the City Council. C. In the event that the Planning Commission arrives at a tie vote it shall be transmitted, with a report and notation of the tie vote, to the City Council within 15 days from the date of Planning Commission action. 1330.4City Council Action on Zoning Map Amendments The City Council shall hold a hearing on each application transmitted, and after the public hearing shall approve the application as submitted or as amended or deny the application. When the City Council has denied an application to amend the zoning classification of a particular tract of land, no subsequent application on such tract or portion thereof, shall be set for public hearing by the Planning Commission until 180 days have elapsed from the date of the Planning Commission action on the original application. Prior to the adoption and publication of a rezoning ordinance, the applicant shall remit to the office of the City Clerk the payment necessary to cover the cost of the ordinance publication. The City Clerk shall not cause the ordinance to be published prior to such payment. 1330.5 SPECIFIC USE PERMITS A. Purpose This section provides a discretionary approval process for Specific Use Permits, which are required for uses that have unique or widely varying operating characteristics or unusual site development features. The uses classified as specific uses tend to more intensely dominate the area in which they are located than do other permitted uses in the district. Care should be taken to integrate specific land uses with other uses in the area and to prevent adverse impacts on the community at-large. The procedure encourages public review and evaluation of a use's operating characteristics and site development features. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this Ordinance. B. Relationship to Site Plan Requirements A conceptual site plan shall be submitted with specific use permit application. The formal site plan that is submitted later shall be in substantial compliance with the conceptual site plan approved by the City Council. C. Procedure The following review procedure shall be followed for Specific Use Permits. With the exception of the following modifications, the standard development review procedures for zoning map amendments shall apply. Step 1 A Pre-Application Conference shall be held with the Community Development Department prior to submitting an application Step 2 Development Application Submittal Step 3 The Community Development Department Staff shall make a Determination of Application Completeness Step 4 Notice Published Step 5 Staff Report Step 6 Public Hearing Step 7 Decision and Findings - The following additional procedures shall apply: D. Planning Commission's Review and Recommendation The Planning Commission shall hold a public hearing on the proposed application and, within thirty (30) days from the date of receipt of the completed application take one of the following actions: 1. Recommend approval 2. Approve with modifications and/or conditions 3. Deny the request The Planning Commission may place 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 approval and shall be included as part of the site plan. The Commission may continue the hearing on the decision for a maximum of sixty (60) days. The recommendation shall be referred to the City Council for final action. A. City Council Review and Action Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve with modifications and/or conditions, or deny the application, or request that the application be further reviewed by the Planning Commission. B. Indication on Zoning Map Required A zoning change is not required for Specific Use Permits; however, the location of each approved Specific Use Permit shall be indicated on the zoning map as follows: "SP-( ) (the number of the request for a specific use permit)". Step 8. Approval Criteria Applicable, as follows: A Specific Use Permit may be approved only if the City Council finds that all of the following criteria have been met: a. The proposed use is consistent with the comprehensive plan and all applicable provisions of this Ordinance 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 Specific Use Permit 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; g. Adequate assurances of continuing maintenance have been provided; and Step 9. Conditions of Approval a. Any of the conditions imposed by the permit shall be considered as conditions precedent to the granting of a building permit for the specific use allowed. b. Following approval, a site plan meeting the conditions specified in the Specific Use Permit shall be required of the applicant and shall be submitted and processed. c. The Specific Use Permit is valid only for the use for which it was approved. Any changes or alterations of the use, other than what the Specific Use Permit allows, shall constitute a violation of the zoning code and be subject to penalties as described in Chapter 11, Enforcement. Step 10. Amendments No approved Specific Use Permit 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 Specific Use Permit as set out in the Zoning Ordinance. Step 11. Lapse a. In the event of noncompliance by the applicant with the Specific Use Permit or any conditions of approval, or if the specific use is not in operation within one year after the date of its approval, the Specific Use Permit shall expire. An applicant may file an application to renew the Specific Use Permit. Such renewal shall occur in the same manner as for original approval as provided in this section. b. Should the Specific Use cease operation for a period longer than one (1) year, the permit shall be considered void and shall require a new application. CHAPTER 14 DEFINITIONS 1400 Definitions SECTION 1400 DEFINITIONS Abutting: In the context of a screening or enclosure requirement, abutting shall mean contiguous or separated there from only by a non-arterial street. In other instances, abutting shall mean contiguous. Accessory Uses or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Alley: A permanent public way providing a secondary means of access for service and emergency vehicles, and not intended for general traffic circulation. Arterial: A street designated on the Major Street Plan as a primary arterial or secondary arterial. Board of Adjustment: The Board of Adjustment of the City of Owasso, Oklahoma. Building: A structure which is permanently affixed to the land, and 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. 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. Care Home: Premises used for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes. Cemetery: Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Certificate of Occupancy: An official certificate issued by the City through the enforcing official which indicated conformance with the zoning regulations and 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 form their parents, guardians, or custodians for regular periods of time for compensations; provided, however, that the term "child center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. City Council: The governing and legislative body of the City of Owasso, Oklahoma. Copy Area: The net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters, and delineations contained in the sign. 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. 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. 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 nonilluminated background, display surface area shall mean copy area. 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, Duplex: A building containing two dwelling units, designed for occupancy by not more than two families. Included are all forms of manufactured duplex dwellings but excluding mobile homes. Dwelling, Manufactured: A structure designed and intended for human occupancy on a year-round or temporary seasonal basis which has ;undergone at least partial prefabrication or preassembly under indoor factory conditions, excluding dwellings utilizing only prefabricated or preassembled sublements 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 or more sections, none of which are habitable individually, permanently joined together and, utilize customary residential siding and roofing materials, 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, d. Mobile Home - a manufactured dwelling, either a portable or mobile living unit used or designed for human occupancy, having been manufactured to the Federal Manufactured Home Construction and Safety Standards and bearing a HUD label red in color, identifying the home as a "Manufactured Home." Dwelling, Multifamily: A building containing three or more dwelling units. Included are all forms of manufactured multifamily dwelling but excluding mobile homes. Dwelling, Single Family: A building, other than a mobile home, containing one dwelling unit designed for occupancy by not more than one family, and certified as complying with the building code of this jurisdiction whether constructed on or off site. Dwelling Unit: A room or group of rooms arranged, intended, or designed as a habitable unit, containing kitchen, bath, and sleeping facilities, for not more than one family living independently of any other family. Family: One 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 persons, but further provided that domestic servants may be housed on the premises without being designated as a family. 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 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. Foster Home: A dwelling used in whole or in part as living quarters for three (3) persons who are not members of the family occupying said dwelling, but are under their supervision. 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 curbed nonarterial street or cul-de-sac. Habitable Floor: Any floor usable for living purposes, which includes working, sleeping, heating, cooking or recreation or a combination thereof. A floor used for storage purposes only is not a "habitable floor." 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. Height, Building: See Building Height. Height, Sign: The vertical distance measured from the curb level to the highest point of the sign. 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. Hundred Year-Frequency Flood: A flood having an average frequency of occurrence once in 100 years, although the flood may occur in any year, 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. 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 or 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. Livability Space: The open space of a lot which is not allocated to or used for off-street parking or loading areas or for paved access to the off-street parking or loading area. Loading Berth, Off-Street: A space of at least 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. 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 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. 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 as described in Use Unit 17. Mobile Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. NA: Not Applicable. NEC: Not Elsewhere Classified. 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 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. Overspeed 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, purpose and 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 to be of at least nine (9) feet in width by twenty (20) feet in length, together with a driveway connecting the space with a street or alley and permitting safe ingress or egress of an automobile. Pavement: Surface constructed of double bituminous concrete or asphaltic concrete. 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. Private Club: Reference is hereby made to that section of the code of the City of Owasso, Oklahoma defining "private club." Recreational Vehicle: A vehicular structure, portable or self propelled, designed as a temporary dwelling for travel use or recreational use not exceeding 35 feet in length. 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 Comprehensive Plan, adopted Floodplain Management Policies and the watershed Master Drainage Plan where adopted. 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. Special Exception: A useer a-desigRetemeRt of a-use `"'hiGh is Ret permit if rentrelled in the partieular instance as to its relntienshin to the neighbeFheed-awe-the geeeFal welfare, may be permitted -ay the R the bstaRt ee aRd ece&Fal sta; t"e-r_-e 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 Board of Adjustment. Specific Use Permit: A permit approved and issued for use or development, which must be acquired before a specific use can be constructed or started. 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. Provided that, for the purposes of Chapter 10, Floodway Zoning District "structure" means a walled and roofed building that is principally above ground, as well as a mobile home. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement of repair is started, or (2) 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 (1) 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 (2) any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places. Supplemental District: A zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development of flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed. Top Plate: The horizontal timber directly carrying the trusses of a roof or the rafters. Townhouse Development: A row of at least two attached dwelling units each separated by a party wall on individual lots and designated for separate ownership of the individual dwelling units with no separate dwelling unit constructed above anther dwelling unit. Travel or Recreation Vehicle: A vehicular portable structure or a self propelled structure designed as a temporary dwelling for travel use or recreational use, not to exceed 35 feet in length. Variance: A relaxation of a restriction of the code, granted by the Board of Adjustment, 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 restriction 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. Wind Energy Conversion System: (WECS, wind turbine, wind generator, windmill, and wind machine)-- a machine that converts the kinetic energy in 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. 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. CHAPTER 15 TELECOMMUNICATION TOWERS 1510 Definitions 1520 Telecommunication Towers SECTION 1510 DEFINITIONS For the purpose of this section, the following words and phrases shall have the meaning ascribed to them as follows: 1. The term "telecommunications tower" means a structure more than ten feet tall, built primarily to support one or more telecommunications antennas. 2. The term "telecommunications" means the transmission, between or among points specified by the user, or information of the user's choosing, without change in the form or content or information as sent and received. 3. The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 4. The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels or dishes, and omni-directional antennas, such as whips, but not including satellite earth stations. 5. The term "telecommunications antenna" means an antenna used to provide a telecommunications service. 6. The term "antenna array" means a structure attached to a telecommunication tower that supports telecommunication antennas. 7. The term "whip antenna" means an omni -directional dipole antenna of cylindrical shape that is no more than six inches in diameter. 8. The term "non whip antenna" means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc. 9. The term "EIA-222" means Electronic Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" 10. The term "historically significant landscapes" and "architecturally significant structures" shall apply to those areas identified as such within the National Register of Historic Places. SECTION 1520 TELECOMMUNICATION TOWERS (A) NO SPEC -1n1 EXCEPTION SPECIFIC USE PERMIT REQUIRED (1) Permitted By Right - Telecommunication towers are a permitted use in all CG, CH, IL, IM, and IH if proposed towers satisfy the following requirements. Telecommunication towers permitted under this subsection may exceed compatibility and base district height restrictions. (a) Aesthetic Protection Telecommunication facilities shall be so located to ensure that historically significant landscapes are protected. The views of vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (b) Setback Tower shall be a minimum of 200' from any RS-3 or more restrictive district. (c) Height Tower height, excluding antenna array, does not exceed: (1) 75 feet, if the tower is at least 200 feet but less than 250 feet, from any RS-3 or more restrictive district. (2) 100 feet, if the tower is at least 250 feet but less than 350 feet, from any RS-3 or more restrictive district. (3) 120 feet if the tower is 350' or greater, from any RS- 3 or more restrictive district. (d) Antenna Array Height The antenna array does not exceed the tower height by more than 10 feet. (e) Setback of Guy Wires All guy wires and guy anchors are setback a minimum of 20 feet from any property line. (f) Tower Type The tower is of monopole design, or one of equal or lesser impact, if located within 350' of any RS-3 or more restrictive district. (g) (h) (J ) Co-Location A telecommunication tower must be designed and built so as to be capable of use by at least three wireless communication providers such as cellular or PCS providers using antenna arrays of 9 to 12 antennas each within 15 vertical feet of each other with no more than three degrees twist and sway at the top elevation. The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least two other wireless telecommunication providers on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the building permit application. Security Fencing The base of tower is enclosed by security fencing. Compliance with Applicable Regulations The tower is constructed and operated in compliance with current Federal Communication Commission and other applicable federal and state standards. Neighborhood Impact The proposed tower location will not cause a negative impact on any residential neighborhood. In determining neighborhood impact, the Director shall consider the opinion of record property owners within 300', but the Director shall not be bound by such opinions expressed. (k) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant /owner. (2) Replacement of Existing Poles - Telecommunication towers erected to replace existing poles are permitted in all zoning districts, provided that: (a) The pole replaced is a functioning utility pole or light standard within an established utility easement or public right-of-way, recreational facility light pole, or telecommunication tower. (b) Replacement tower height, including antenna array does not exceed: (1) The height of the original utility, light standard, or recreational facility light pole by more than 10 feet; or (2) The height of the original telecommunication tower and antenna array. (c) The pole replaced does not obstruct a public sidewalk, public alley, or other public right-of-way, and (d) Pole appearance and function, except for antenna, are not significantly altered. (3) Placement on Existing Poles - permitted in all zoning districts, provided that: (a) Telecommunication antennas are permitted on existing utility, lighting, telecommunication towers, and sign structures at or exceeding 50 feet in height. (b) Provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip type or fifteen (15) feet if a whip type. (c) Telecommunication antennas located on existing structures are not subject to the 5,000 feet separation requirement. (d) If any additions, changes, or modifications are to be made to the monopole, the Director of Community Development shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso. (4) Roof Mounted Telecommunication Antennas - allowed on non- residential buildings in all districts, provided that: (a) Non-whip antennas do not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway. (b) Whip antennas do not exceed the height of the building by more than fifteen (15) feet and are located no closer than fifteen (15) feet to the perimeter of the building. Prior to the installation of a roof mounted antenna, the Community Development Department shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted antennas and equipment. Roof mounted antennas and associated equipment may either be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so they are not visible from an adjacent public roadway. (5) Building Mounted Telecommunication Antennas of the nonwhip type are allowed on non-residential buildings in all zoning districts, provided that: (a) The antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached. (b) The antenna's appearance is such as to blend with the surrounding surface of the building. (c) Associated equipment shall be place either within same building or in a separate building that matches the existing building in character and materials or blends with landscaping and other surrounding material adjacent to the separate building housing the equipment. Associated equipment for roof mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (6) When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the Community Development Department shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure as it would appear viewed from the closest residential property. The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna. (7) Distance Measurement - distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or RS-3 or more restrictive district or use. For the purposes of applying restrictions set forth in this section, "RS-3 or more restrictive zoning district or use" excludes property that is: (a) Used as public or private primary or secondary educational facility; (b) Used as a college or university educational facility; Owned by the US, State of Oklahoma, Tulsa County, or the City of Owasso, and not used for RS-3 or more restrictive residential uses; Used primarily for religious assembly; Used as a cemetery; Occupied by non-residential, non-conforming uses; or Any other site similar to those listed above and determined by the Director of Community Development to be consistent with the purposes of this section. (8) Exceptions and Exemptions (a) A telecommunication tower that fails to meet the requirements of this section may be authorized by obtaining a Specia' Exception Specific Use Permit through the Owasso Board of djustmeRt planning Commission. (b) Towers erected by a public agency for police, fire, EMS, 911 or other similar public emergency communication shall be exempt from the requirements of this section. (g) SPECIAL EXCEPTION SPECIFIC USE PERMIT REQUIRED (1) This section is designed to encourage placement of telecommunication towers in permitted areas. If a proposed telecommunication tower is not to be located in a permitted by right district, a Speeia' ExGeptieR Specific Use Permit is required. (2) All Speda EXCe tiOR Specific Use Permit requests for telecommunication towers may be so authorized by the 9wasse BE)aFd of Adjustment planning Commission, subject to the following additional requirements: (a) Setback from Historical Property The tower shall not be on, or within 300 feet, or property recognized as a historical property or a property of historical significance. (b) Setbacks General The telecommunication tower must be a minimum of 200 feet, or 3 to 1 distance to height ratio, whichever is greater, from structures used for residential purposes. (c) Height Tower height, excluding antenna array, shall not exceed: (1) 75 feet if the tower is at least 75 feet, but less than 100 feet, from any RS-3 or more restrictive zoning district. (2) 100 feet if the tower is at least 100 feet, but less than 200 feet, from any RS-3 or more restrictive district or use. (3) 120 feet if the tower is at least 200 feet, but less than 300 feet, from any RS-3 or more restrictive district or use. (4) Maximum height shall be an appropriate height set by the Board of Adjustment, if the tower is in excess of 300 feet from any RS-3 or more restrictive zoning district or use. (d) Array Height The antenna array shall not exceed the tower height by more than 10 feet. (e) Guy Wires All guy and guy wires shall be set back a minimum of 20 feet from any property line. (f) Monopole Required Any tower within 200 feet of any RS-3 or more restrictive district shall be of a monopole design, or one of equal or lesser impact. (g) Security Fencing The base of the tower shall be enclosed by security fencing at a height of 8 feet. (h) Compliance with Applicable Regulations The tower is constructed and operated in compliance with the current Federal Communications Commission and other applicable federal and state standards. (i) Distance from Other Towers New telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower, unless in a by right district. (j) Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner. CHAPTER 17 FLOOD HAZARD REGULATIONS 1710 Statutory Authorization, Findings of fact, and Statement of purpose 1720 Definitions 1730 Scope of controls; use and conditions 1740 Areas of special flood hazard defined 1750 Lands to which special flood hazard applies 1755 Basis for establishing the areas of special flood hazard 1760 Floodplain manager action 1765 Flood development permits 1770 Standards for floodways 1775 Standards for areas of shallow flooding 1780 Variance procedures 1785 Exemptions 1790 Enforcement and Penalties SECTION 1710 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND STATEMENT OF PURPOSE STATUTORY AUTHORIZATION - The Legislature of the State of Oklahoma has in (statutes) 82 O.S. 551601-1618, as amended, Chapter 23 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Owasso, Oklahoma, does ordain as follows: FINDINGS OF FACT - 1) The flood hazard areas of the City of Owasso, Oklahoma are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. STATEMENT OF PURPOSE - It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. SECTION 1720 DEFINITIONS For the purpose of this chapter the following terms shall have the meanings respectively ascribes to them in this section: 1. "Area of special flood hazard" means that land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year; 2. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; 3. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 4. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source; 5. "Flood boundary and floodway map (FBFM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the areas within the boundaries of special flood hazards have been designated; 6. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor"; 7. "Mean sea level" means the average height of the sea for all states of the tide; 8. "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be user with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers; 9. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home; and 10. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 304, 6/2/81) SECTION 1730 SCOPE OF CONTROLS; USE AND CONDITIONS This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. Uses normally permitted in applicable zoning districts shall be permitted providing the following provisions have been met: 1. All new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall: a. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; b. Be constructed with materials and utility equipment resistant to flood damage; and c. Be constructed by methods and practices that minimize flood damage; 2. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 3. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; 4. All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; 5. All new construction and substantial improvements of residential structures shall have the lowest floor elevated to or above the base flood level calculated on the basis of one hundred percent (100%) upstream urbanization or development; 6. All new construction and substantial improvements of non-residential structures shall have the lowest floor flood-proofed or elevated to or above the base flood level calculated on the basis of one hundred percent (100%) upstream urbanization or development; 7. Any altered or relocated water course shall maintain its original flood carrying capacity; 8. No man-made change to improved or unimproved property, including filling, grading, paving, or excavating shall be commenced until a building permit or zoning clearance permit has been obtained for each change; and 9. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and ground ties to anchors. Specific requirements shall be: a. Over-the-top ties at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one additional tie per side; b. Frame ties at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than fifty (50) feet long requiring four (4) additional ties per side. C. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and d. Any additions to the mobile home be similarly anchored. e. For new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, require: (1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect or land surveyor shall submit a certification to the building inspector or zoning officer that the standards of this paragraph complies with this section; (2) Adequate surface drainage and access for a hauler are provided; and (3) In the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten (10) feet apart, and (3) reinforcement is provided for pilings more than six (6) feet above the ground level. (Ord. No. 304, 6/2/81) SECTION 1740 AREAS OF SPECIAL FLOOD HAZARD DEFINED A. The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or zoning clearance permits for property within the areas of special flood hazard in the city. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated September 22, 1999, with accompanying flood insurance rate maps and flood hazard boundary floodway maps, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the city. B. It is the responsibility of the city manager, through the floodplain manager, to determine, on request for a building permit or zoning clearance permit, if a particular tract of land is in part or in whole within the areas of special flood hazard as shown on the flood hazard boundary and floodway maps. SECTION 1750 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or occupancy permits for property within the areas of special flood hazard in the city. SECTION 1755 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas," dated April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this chapter. Copies for public review shall be available in the Public Works Department of the City. SECTION 1760 FLOODPLAIN MANAGER ACTION The building inspector or zoning officer shall act upon all such applications on which he is authorized to act under these regulations within thirty (30) days, after these are filed in compliance with the provisions hereof. He shall either issue a building permit or zoning clearance permit within the thirty (30) day period or he shall notify the applicant, in writing, of his refusal of such a permit and set forth the reason therefore. Failure to notify the applicant in case of such refusal within thirty (30) days shall entitle the applicant to the building permit or zoning clearance permit, unless the applicant consents to an extension time. Under such rules as may be adopted by the board of adjustment, the building inspector or zoning officer may issue a temporary building permit or zoning clearance permit. He shall also: 1. Review all permits to determine whether proposed building sites will be reasonably safe from flooding; 2. Maintain a record of all lowest habitable floor elevations submitted to him; 3. In the absence of other Federal Emergency Management Agency base flood elevation data, consider other available data basis for determining lowest permitted floors; 4. Notify adjacent communities of all proposed water course alterations; 5. Require that all other state and federal permits are obtained; and 6. Review all applications and determine their conformance with the subdivision regulations of the city as applicable. SECTION 1765 FLOOD DEVELOPMENT PERMITS A request for the processing and issuance of a flood development permit pertaining to property situated within the boundary of the defined areas of special flood hazard shall be accompanied by such plans as may be necessary, including, at the discretion of the floodplain manager, plans in duplicate, drawn to scale in black line or blueprint, showing: 1. The actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; 2. The exact location, size and height of any building or structure to be constructed or altered; 3. The existing and intended use of each building or structure or part thereof; 4. The number of families, dwellings, or housekeeping units the building is designed to accommodate; 5. When no buildings are involved, the location of the present use and proposed use to be made on the lot; 6. When the property lies within the area of special flood hazard, the elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures; and 7. Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of these regulations. One copy of any such plan or plans shall be returned to the owner when such plans have been approved by the floodplain manager, together with such flood development permit as may be granted. All dimensions shown on these plans relating to the location of the buildings thereon shall be staked out on the ground before construction is started. Whenever a lot is not provided and is not proposed to be provided with public sewers, the application for flood development permit shall be accompanied by a certificate of approval by the county health officer of the proposed method of water supply or disposal of sanitary wastes. SECTION 1770 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 12-404 of this code are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; 2. If paragraph 1 hereof is satisfied, all nr construction and substantial improvements shall comply with all applicable flood hazard reduction provisions in Section 12-403 of this code; and 3. Prohibit placement of any mobile homes, except in an existing mobile home park or subdivision. SECTION 1775 STANDARDS FOR AREAS OF SHALLOW FLOODING Located within the areas of special flood hazard established in Section 12-404 of this code are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to above the depth number specified on the flood boundary and floodway map; 2. All new construction and substantial improvements on non-residential structures shall: a. Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the flood boundary map; and b. Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. A registered professional engineer or architect shall submit a certification to the building inspector or zoning officer that the standards of this section and Sections 12-405 through 12-407 of this code are satisfied. SECTION 1780 VARIANCE PROCEDURES The board of adjustment as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter in accordance with the provisions of the zoning code of the city. SECTION 1785 EXEMPTIONS Provisions of this chapter shall not be applicable to: 1 Any building permit, zoning clearance permit, zoning special exc:ePtiOR Specific Use Permit approval, zoning variance approval, site plan approval, license, permit, or other approval granted prior to the initiation of the development controls hereby enacted; however, nothing herein contained shall limit the city's right to revoke any building permit, certificate of occupancy, license or other approval previously issued when such revocation is in the best interest of the health, safety and welfare of the community; 2. Agricultural activities, except for new construction of structures or substantial improvements to structures; 3. Home gardening; and 4. Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where is would be impossible to obtain prior building permit or zoning clearance permit. However, such repairs shall not be considered as being exempt from the provisions of this chapter and they shall be conclusively deemed temporary and non-permanent unless subsequently authorized by an appropriate building permit or zoning clearance permit approval. SECTION 1790 ENFORCEMENT AND PENALTIES A. Any building permit or zoning clearance permit may be revoked or suspended by the city council after a public hearing. Ten (10) calendar days advance written notice shall be given to the grantee specifying the grounds for such contemplated revocation or suspension and advising the grantee of the date, place and time of the hearing before the city council; the permits may be revoked or suspended upon occurrence of any one of the following events: 1. Violation of any condition of the approval; 2. Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the work authorized by building permit or zoning clearance permit approval; or 3. Existence of any condition or the doing of any act constituting or creating a nuisance, hazard, or endangering human life or the property of others. B. Any person, firm or corporation or other legal entity violating the requirements of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished as provided in Section 1-108 of this code. C. In addition to any fine, the city may institute appropriate actions or proceeding at law or equity for the enforcement of the provisions of this chapter, or to correct the violations thereof. If applicable and appropriate, the city may institute appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the grantee's performance as authorized by the sp a exception Specific Use Permit approval. The City wit ;out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Rodney J. Ray City Manager SUBJECT: Political Campaign Signage DATE: January 6, 201 1 BACKGROUND: The current sign code for the City of Owasso defines a political sign as one that makes known the name or information about a person running for an office or contains information concerning a political campaign or election issue. The current rules and regulations allow political campaign signs to be placed on private property, with the express permission of the property owner, as early as six weeks prior to an election and prohibits the placement of campaign signs in or on public rights-of-way. Historically, and by virtue of a policy that curtails enforcement of the sign ordinance during the election period, the City has allowed the placement of campaign signs in the rights-of-way ten days prior to Election Day as long as they do not block the view of traffic, and are removed the day following the election. As the community continues to grow, campaign signage is becoming a mounting problem in terms of aesthetics for the community and an increasing concern to Owasso residents. Following the 2010 elections, the city staff received numerous citizen complaints relating to the excessive amount of campaign signage overpopulating the city's intersections and rights-of-way, and on occasion obstructing the view of motorists attempting to make a turn onto the city's arterial streets. As a result of these complaints, the staff began a review of the sign ordinance and policy to determine if a change from the current ordinance and policy should be undertaken. The intent of reviewing the existing policy was not to prohibit the use of campaign signs in a citizen's yard or on private property, but to focus on the impacts of the multitude of signs being placed on public property. These impacts include community aesthetics and perception, cost of clean-up, and intersection traffic safety. To aid in reviewing the sign regulations and policy, the staff developed a web based survey tool in order to gather citizen comments about the placement of campaign signage around the city. The election sign survey was launched on the city's website on October 20, 2010. Paper copies of the survey were also available at the Court and Utility Billing departments located inside City Hall. ELECTION SURVEY RESULTS: The survey ran for approximately two weeks and yielded 105 participants. 91 citizens participated on-line and 14 paper surveys were returned to City Hall. The survey results are provided as an attachment for your review, along with additional comments provided by survey participants. Eighty-six of the total respondents felt that election signs posted in the right-of-way did not provide useful information while ninety respondents acknowledged that election signs did not influence their voting decision in any given election. The survey addressed the question of "where" election signage should be allowed and the response was split between participants preferring election signs to be placed only on private property and limiting the number of campaign signs permitted to be placed in the public right of way. Ninety-six survey participants proposed a fee be assessed to any candidate who does not remove their campaign signage immediately following an election. CONCLUSION: After reviewing citizen input and looking at the proliferation of campaign signage during a five week period surrounding the last election, I spoke with local elected officials to inquire their opinion on the placement of election signage and the City's desire to address both citizen and staff concerns. Some were concerned with restricting a campaign's ability to promote a name or issue, however most concurred that as long as the rules and regulations were consistently enforced no one candidate or campaign would have an advantage over another. RECOMMENDATION: The staff recommends strict enforcement of the City's current rules and regulations relating to political signs. The impact of strict enforcement will have the net effect of prohibiting the placement of political signs in the public rights of way. It is important to note that if this recommendation is implemented, political signage placed in the public right-of-way will be removed without notification to the candidate or campaign committee. If the City Council concurs with this recommendation, the staff will notify every individual or committee who files a declaration of candidacy with the Tulsa and Rogers County Election Boards by certified letter of the City's political sign rules and regulations. ATTACHMENT: A. Election Sign Survey Results City of Owosso Election Sign Survey - 2010 1. Election signs pasted in public right of way provide useful information 4 Create Chart * Download Strongly Disagree Not Agree Strongly Rating Response Disagree Sure Agree Average Count Useful information 57.1%(60) 24 8% (26 4.8% 10.5% 2-90/.(3) 1 77 105 (5) (11 answered question 105 skipped question 0 2. Election signs influence my voting decision CshCreat e Chart + Download Strongly Disagree Not Agree Strongly Rating Response Disagree Sure Agree Average Count Influence Decision 65.7%(69) 20.0% (21) 5.7% 5.7% 1.9%(2 1.53 105 (7) , (6) answered question 105 skipped question 0 3. The City should allow election signs (select one) Continue to allow signs inside the public right of way along city streets Allow signs only on private property Never allow signs in the public right of way Limit the nurnber of signs allowed in public right of way not collected after an election Strongly Disagree Disagree Pick Up fee 2.9% (3) 4.8%(5) Response Response Percent Count 7.6% 8 324% 34 24.8%a 26 35.2% 37 answered question 105 skipped question 0 has to pick up CACreate Chart + Download Not Agree Strongly Rating Response Sure Agree Average Count 1.0% 9.5% 81.9% 4 63 105 (1 } . (10} (86) answered question 105 skipped question 0 I . 1 think question 74 is a very good idea. Tue, Nov 9, 2010 4:27 PId 2. So many signs get posted that it is distracting and potentially dangerous to Tue, Nov 9, 2010 4:25 Pfil drivers. I doubt seeing John Doe` fitytlme_ In a row is very effective. It makes the community look trashy. fvlany candidates have good teams of volunteers that pick up signs after 7pm. if the City has to pick up -lie signs, the candidate should definitely be charged a fee. 3. ',',Whatever is for Green or helps City for future costs Tue, Nov 9, 2010 4:22 PPA 4. 1 litre onlythem only on public land within 10 days of the election, butthen they Tue, Nov 2, 2010 9:41 A,141 should be charged a small fee if the sign is not removed within a few days of the election. 5. They are a tremendous eyesore when all you see is a long line of signs down the street. It is a distraction that drivers don't need. I am okay with one or two on a corner but not completely lining the street ;vvith them--such as in front of 'A'31-Mad where it is one right after the other. I also hate to see them still up days after the election. It is irresponsible of the candidate ortheir supporters to put them up and then forget about them. Charge them a fee or fine for the days after the election Thai the,; are still out. Mostly, the abundance of signs and 3nneging CGi-n ierclals and phone calls really makes me want to NOT vote for that particular candidate. Thanks for giving us an option to voice our opinions. 6, ',"pie need jobs and vvork in our city. Placing election signs means gas has to be bought, signs need to be printed, and that's moneyfor Owasso. People need to feel like they can contribute in the process of the peoples government without haying to be limited. A. fee should be charged in the clean up process. This should be in the campaign managers plan 3n,.Pvay but if not collected in a timely manner should be charged. 7, Signs should be removed within 2 da;=s of election... If not city y ill charge to pickup. Additionally, signs should be limited as to when they can be put up even on private propert,,i around election time. There are all sorts of rules regarding other advertising and hoax much, etc.... Similar rules to apply for elections. S. 1 see no harm in letting candidates put out signs so Iona as the clean them up in a timely manner. 9_ i don't really mind the sugns, i just wish people wouldntvote on how many names they see and vote off information, from the paper and other research to make better decisions. I like having the freedom of a good compaign and signs are apart of that. Its something I don't want governamen to take away. It doesn't take all that long to pick up signs after the election and its okwith me for the city to take care of that. Its part of doing business and taking care of the city. 6Aon, Nov 1, 2010 12:47 Pki Mon, Nov 1, 2010 10:42 AM Fri, Oct 29, 2010 2:40 P1,l Fri, Oct 29, 2010 1:54 Pfvl Thu, Oct 28, 2010 7:02 A10 10. Maybe one sign per corner per candidate. Fifty signs per candidate per half mile is 'Wed, Oct 27, 2010 7:45 AM too excessive (trashy looking). Definitely need to limit number of signs. All signs do for me is remind me to vote. 11, TO me it is a distraction in the non private sector. For example if I'm driving down Wed, Oct 27, 2010 7:26 AM 76th and trying to focus on traffic i don't need 10 -loud' signs catching my eye. 12, If signs are placed in front of my sidewalk, I"II remove them. fvion. Oct 25.2010 2:57 PM 13. Charge a fee of $50.00 per sign after the 2 day grace period. AJI the signs along futon, Oct 25, 2010 6:21 AM the right-of-,way's do make the roads look trashy. How many signs does one candidate need along the entrance ramp to 169? 14. S 10 per sign thats up day after election.... Sun, Oct 24, 2010 9.41 Pfaff 15, The signs make our city look cluttered. Especially when there are ten on one Sun, Oct 24.2010 7:04 Plot corner! 16. City property Is not for election signs. Charge them a fee period. Sun, Oct 24.2010 6:55 Pf 1 Private propert, is obviousl, up to the owner. 17= rAre`re tired of having signs put in our yard without permission. We live on a corner Sun, Oct 24, 2010 5:53 PM lot, and it happens often. 1©,. Charge a good amount for the city pickup fee. Sun. Oct 24, 2010 5:3$ P10 19. The ;'confetti`. approach to setting up signs is annoying and curbing the amount Sun. Oct 24.2010 5:32 Pfv1 allowed per block might be a good way of getting around it. I believe signs should absolutely be allowed, however. it has gotten out of hand of late. 20. Sometimes the signs, are a signal to me as to -,vho to Vote against Sun, Oct 24, 2010 5:29 Pf,1 1 ',,wish that the business of Owasso with a computer controlled sign would remind people the day of the election to vote. 21. 1 believe real estate, garage sale, and election signs should have their place Sun. Cet24.. 2010 5:20 P141 within the community. Election signs :SHOULD BE LIIr11TED to so many within a certain locale. There is no reason to have twenty in one spot. There should be a harsher penalty for one opponent tampering (touchinamovinaremovingldefacing)the sign of another. 22. Limit the number per candidate (1 per right ofwayy, decrease the number of days Sun, Oct 24, 2010 5:21 PM prior to an election from 10 to 5. Fine candidates who breaV the law and charge for picking up the signs, if not done so by the deadline. 23. Election signs posted in the public right of way are excessive and make the Sun, Oct 24. 2010 10:35 AM streets look trashy. They are not a benefltto the public. They also waste time and money, because they are not properly picked up afterthe election. 24. It is ridiculous how many signs in a 5 foot area 1 candidate will have. Many Thu, Oct 21, 2010 12:22 Pfat candidates place signs on private property even when they are told not to and when theer signs are removed they do it again. There needs to be stricter rules on where the signs can be place, how many can be placed, and the size of the signs. 25. Election signs are unsightly and dominated by those with the most money to :',red, Oct 20, 2010 4:57 PM spend. Signs on private property is at the discretion of the owner. However the abuse of the right-of-ways by candidates andfor their supporters is at the discretion of nobody. 26. There have been times when I've feltthe signs are a distraction to drivers as they Wed, Oct 20, 2010 2:59 Ptvt look at the signs instead' of where the traffic is going. 27. These signs clutter the city and make it look run down. Wed, Oct 20, 2010 1:02 Pto 28. Election signs have no purpose but to be distracting and in essence littering Dyed, Oct 20, 2010 12:47 Ptyl prior to an election postelection. 29, They should only be allowed where private individuals support candidates on Wed. Oct 20, 2010 11:56 AM their own property, but not if they cause issues with traffic. For example obstruction of view. 34. Seeing 35 signs in the public right of way on my way to vote will not make me Wed, Oct 20, 2010 11:42 AM want to vote for person running for office. I just think they donut spend their money very well. And if they don't pick them up they are irresponsible and they should diffenetly pay the city per sign that has to be removed by city employees. May-be that could be afund raiser for a school club. 31. Forvears this privilege has been a_.use l all o}fthe can slates It is high time ,Ved, Oct 20, 2010 11:40 AM someone did something andthe people were alloy edto--weigh in on this suD:Ject. Persoanlly I find the overuse ofthese signs distasteful and downright unbeautif,°ing to the scenery. 32. Since candidate signs rarely truly' influence voters, only VOTE (no candidate specified) signs shoud be allc,.•+.ied, to remind: people tovote. 33. Private prOperbi only & w, the owners permission. 34. Its all part ofthe election process. Don't change athing. 35. 1 hate the signs! 1 get SO TIRED of seeing them! If you allow them, I would love to see a time limit on hoer long they may be up. Something like one or two weeks prior to the election. I don "t know. And PLEASE limit how many may be up in any given stretch. Fifty signs in a 10 foot zone makes me more likely to t-JOT vote for that person. Really though.... does anyone vote based on what sign they saw? Cu-7 if signs are influencing people's voting decisions THAT F.IUCH, I'm afraid for the future. Wed, Oct 20, 2010 11::38 ALL Wed. Or_t20, 2010 1 1:34AM Wed, Oct 20, 2010 11:28 AN We d, 0rt 20, 2010 10:53 AR 36. 1 believe thatthe signs contain no info rrn atio 1. useful to making a decision on 'Aged, Oct 20. 2010 14:52 AM what candidate to vote for and only serve to make my beautiful town look extremely trashy. 37. 1 find it annoying to drive down the road and there be signs all over the place.'r'!e 'v ed, Oct 20. 2010 10:51 AM have enough auto accidents without people having total to read those signs. Its especially agrivating when they can post political signs all over the place but organizations have to have a business approve their sign and allow them to put it on the business property. 38. People go overboard with the signs. It gets totally riduculous. I aim going to vote ;+Ved, 0 ct'10, 2010 10:38 M;l for whoever I Want and the signs are not going to change my mind. I feel that if the-y, have to put out alot of signs then they must': e hard up to win. 1 am against the signs andyes the city should charge if the signs need to be taken down and charge them a big fee of $35 per sign. That will make the city of Owasso more money. If they have to put up signs at least have them 12 feet away from the sidewalk. They are very distracting. 39. We the tax payer should not have to pay to pick up these signs. The city should '.need, Oct 20, 2010 10:32 AM charge a BIG fee to clean these signs Up. Maybe the fee should be charged for each hour and for each employee picking the signs up. 40. There is absolutely NO need for someone to line a single block with 40 signs in Wed, Oct 20, 2010 10:30 AM a row. I feel that possibly one per blockwould be sufficient. 41. As defined....... ....Public right of way in this example is defined bythe City as the Wed, Or_120, 2010 10:21 Afv1 designated area that lies between private property lines on the side that parallels the street. For example; from a sidewalk in front of a home to the street would be considered public right of way. I strongly disagree with the above example, while the letter of law defines this area as "public", I don't believe that anyone, except the home owner, has the right to place any signage on properly that the home owner is responsible for. This is to say, if I as a home owner must upkeep the grass, edging and pickup trash in this area then i should at the very least have a say so in what can be placed on that area of land. Not to mention; it lends itself to misrepresenting the home owners opinions. My opinion is this. election signs are awaste of landfill space. They are an insult to the educated,Xter. They should be banned? 42. 1 feel there should be a size limit and number limit on the placement of election Wed, Oct 20, 2010 10:13 AM signs. Signs should be no larger than. for example, 2'tall by Twide. they should also not be placed, within 50 feet of an intersection or any traffic control sign. (to avoid blind spots and other hazards) There should be a limit of 30 signs total for each candidate permitted to be posted within the city. This will help keep things even for the candidates and also avoid having an excessive number of signs posted throughout the city. Signs placed within the city Right of Way should also be charged a small fee. like $10 per sign, to cover for the placement of the sign and any, damage or concerns it might create for city services, such as roadside cleaning, grass trimming.. or other such concerns. Any sign left snore than 2 days after the election should be charged a $100 clean-up and disposal fee. Michael Stone 11002 N. 109th E. Pl. Collinsville, OK 43, I'm all for electioneering. I think its extremely important in a democmcw.'."ghat Wed, Oct 20, 2010 10.13 AM about a limit on the time they can be out? Maybe only for a week? I realize the candidates are trying to get their name out there, but we must balance the aesthetics of the communittwith their rightto campaign. 44. There needs to be some regulation on the amount and placement of election Ned. Oct 20, 201010:09 AM signs-As elections draw closer, the signs seem to take over the right of ways in our town. it looks very cluttered and unsightly. I would definitely support any, measure to keep the clutter from happening. 45. Thank you for asking our opinion on this - in the past - the signs have been V1. ed. Oct 20, 2010 10:03 AL1 excessive, I believe they should be alloyed just at a limit. 46. Other cities charge a substantial deposit for the placement of signs then return ; ed, Oct 20, 2010 9:59 AN the deposit if the signs are picked up in a timely manner. If not then the city utilizes the money to pay for the expense of removing the signs. Iwould suggest $100.00 47. Ivey understanding is that signs for businesses are not allowed in the public right }Ned, Oct 20, 2010 9:57 ANN of way - election signs should not be allowed as well - they are an eyesore, and encourage voting by ignorance. 48. Establish a rule providing distance requirement between signs. Maybe 300 ft 'Ned, Oct 20, 2010 9:55 AN between single candidates signs ie, Smith...300'..... Smith.... 300'.... Smith. No signs within 50 ft of any intersection. 49. If allowed to continue new rules should be considered. First should be a limit on 'Ned, Oct 20, 2010 9:49 AM the number of signs from the same candidate in one location, i.e. set a minimum distance of separation, etc. Second limit the size of each sign. Third establish a distance from an intersection that signs must be placed in order to reduce impairing the visibility of drivers. 50, 1 think limiting the number would be a huge improvement. Having the same Wed, Oct 20, 2010 9:44 AN candidate sing more than twice in the same space is really ridiculous andjust makes the area look trashy. It brings down the value of their message.