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HomeMy WebLinkAbout2002.12.10_Worksession Agenda 3. Discussion Relating to Planning Items. A. Proposed Changes to Zoning Code (Mini-Storage) B. Proposed Changes to Sign Ordinance C. Other Planning Items Mr. Wiles Attachment #3 2. Discussion Relating to Appointments for the Purpose of Replacing Former Councilor/Mayor Brogdon on the INCOG Board of Directors and Legislative Consortium. Mayor Helm Attachment #2 1. Call to Order Mayor Helm AGENDA bulletin on the and the office of the 2002. and filed at 4:00 p.m. on Friday, Special December 10, 2002 6:00 p.m, Owasso City Hall Main Conference Room TYPE OF MEETING: DATE: TIME: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL 7. Review of Applications for the Office of Ward I City Councilor. Mayor Helm 6. Report from City Manager A. Briefing Regarding Radar Trailer B. Amendment to Commercial Waste Code C. Other Items Mr. Ray Attachment #6 5. Discussion Relating to Financial Items A. Financial Reports Ms. Bishop __~,~~~_~_^_,__~~,~~__~~~.___~_~~~~'~~_~~~~~."~~~___..___m~~_<<_.~_.,~__~_~.~___.~_.~.~___~_~_.~~'U~~~~___~'_ 4. Discussion Relating to Public Works Items. A. Residential Street Repair PriOlities B. Other Items. Mr. Carr Attachment #4 Owasso City Council December 10, 2002 Page 2 9. Adjournment. The will request Council approval of an executive session for the purpose of reviewing and discussing the Manager's 2003 contract for 8. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purpose of Discussing Personnel Matters Relating to the Office of the City Manager, Such Executive Session Provided for in Section 307(B)(1). Mayor Helm Attachment #8 Owasso City Council December 10, 2002 Page 3 T H If you have questions, please call Mayor Helm. Mayor Helm plans to initiate discussion relative to these two vacancies with the City Council during the work session as a preliminary action prior to his official nomination during the December 17th City Council meeting. Traditionally, the City has been represented on the INCOG Board of Directors by the Mayor (with the City Manager as the alternate), and I have recommended to Mayor Helm that practice continue. In the same manner, the City, until recently, has been represented on the Legislative Consortium by the City Manager, and I have indicated to the Mayor that I am eager to accept that role once again. However, both of those suggestions are simply for the purpose of providing a starting place for the Mayor's nomination process, followed by the City Council's review and action. Former Mayor Brogdon's resignation from the City Council has left two positions on key boards and committees vacant. As Owasso's representative, Mayor Brogdon served on the INCOG Board of Directors and on the Legislative Consortium. I have discussed with Mayor Helm the need to fill those vacancies, and he has requested an agenda item for the purpose of discussing with the City Council those nominations and appointments. BACKGROUND: December 6, 2002 DATE: COUNCIL THE HONORABLE CITY OF OWASSO TO: MEMORANDUM A HM The possibility of potentially valuable sales tax generating property being occupied by mini-storage units is not desirable. Many major intersections in Owasso are zoned CG or CH. These districts are designed to accommodate a wide variety of commercial uses such as retail, lodging, dining, and others. Uses such as these constitute a major economic impact in the community. The staff finds that the location of mini-storage units in commercial areas should be considered on a case by case basis so that the potential affect on the city's sales tax base might be taken into account. REASONS FOR THE PROPOSED CHANGE: The staff finds various reasons to consider the Board of Adjustment review for all mini-storage developments in commercial districts. The proposed change is two-fold. The first change, which would occur on all future zoned or rezoned commercial property, would permit mini-storage units in CS, CG, and CH districts by Special Exception only. The second change would allow a two-year window on all property that is currently zoned commercial for the current regulations to apply. In short, the Special Exception requirement would not go into effect on all property that is currently zoned CG or CH until two years from the date of publication of the ordinance. PROPOSED CHANGE TO THE REGULATIONS: The staffbelieves a change in the zoning code that would require the Board of Adjustment to approve mini-storage units by Special Exception in all commercial districts is appropriate. It would allow the City to review each proposal on a case by case basis, consider the development trends ofthe area, the future development potential of the subject and surrounding property, and allow for public input on a process that is currently restricted in two of the three commercial zoning code classifications. BACKGROUND: The City of Owasso currently permits mini-storage units in CG (Commercial General) and CH (Commercial High Intensity) districts outright, while it requires approval from the Board of Adjustment by means of a Special Exception in a CS (Commercial Shopping Center) district. It appears that at the time of establishing the zoning code, mini-storage units were not as widely popular as they are today for the consumer, nor was there any thought given to the amount of growth that the City of Owasso would experience. November 21,2002 ERIC WILES COMMUNITY THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM RECOMMENDATION: The staff recommends Council approval of a text amendment to the Owasso Zoning Code, Section 610 to pelmit mini-storage units in CS, CO, and CH Districts by Special Exception only. If approved, the staff would present an ordinance reflecting such change to the City Council on the consent agenda of the next council meeting. PLANNING COMMISSION: . The Planning Commission considered the proposed amendment in a slightly different form in June, and unanimously recommended City Council approval of the change in the zoning text. 'The integrity of established commercial neighborhoods could also impacted by the development mini-storage units. Further, the ambiance and desirability residential neighborhoods could impacted by an adjacent mini.,storage use. In some cases, they could provide a suitable buffer between residential and commercial properties. other cases, mini-storage units could supply a service to an area that has a demand for storage Under the proposed change, the of Adjustment the ability to make sure that the demand mini-storage uses could appropriate while protecting the business districts (and adjacent residential areas) that might house the mini-storage uses. Typically, there is minimal supervision of the types of equipment and materials stored in mini-storage units. Fumiture, lawn maintenance equipment, chemicals, and all manners of other household items are placed in the facilities. The storage of such a wide anay of things would be an appropriate use of industrial land, but might be inappropriate or even hazardous in some commercial areas. 1. Existing Sign Ordinance. 2. Proposed Sign Code. ATTACHMENTS: Upon approval by the Planning Commission, this item will likely be formally presented at the December 17, 2002 City Council meeting. As mentioned above, City Council also requested that non-commercial flags be permitted without any associated permitting fees. Non-commercial flags are governed by Section 17.5 - SIGNS NOT REQUIRlNG PERMITS and will not require a permit. 1. Said banners must be permitted by the City Planner and must contain a site plan indicating the location of said banner. 2. Said banners must accompany a permanent ground, pole or wall sign. 3. The requested time period for the banner must be listed on the application and may be modified by the City Planner. 4. Said banners shall be limited to one (1) banner per location. 5. Said banners must be attached to the primary building and not free standing, when applicable. Pal1icu1ar to City Council's request, language prohibiting commercial banners has been removed entirely from the proposed code. Commercial banners, under the proposal, would be allowed subject to the following conditions: Staff is proposing to replace the existing sign ordinance with an updated ordinance. On November 12, 2002 the Owasso City Council reviewed the proposed sign ordinance and instructed staff to accommodate commercial banners and waive the permitting requirements for non-corporate flags. The requested changes have been made and will be heard by the Planning Commission on December 9, 2002. A copy of the existing and proposed sign code are included with your packet. BACKGROUND: 3, ROBERT MOORE PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM SIGNIFICANT CHANGES Below, please find a summary of the major changes between the existing ordinance and the proposed code (listed by the proposals corresponding section number). In addition to providing a more "user-friendly" format, several sections of the existing code have been modified either by new language, the rewording of some language and/or the exclusion of wording entirely. Staff understands the impact that an ordinance such as this may have on the City, however staff has made every effort to accommodate each and every individual who has provided comments. Staff has visited with several area community leaders, businesses and citizens concerning the proposed amendment. And, although staff and area leaders or residents may not always agree on every issue, staff has encouraged each individual to provide comments at the various public hearings throughout the process. Although there are a number of varying businesses within the City of Owasso, staff has made a good-faith effort to accommodate the different needs of those businesses. However, staff also understands that in a City such as Owasso, with its rapid growth, certain restrictions are necessary to ensure that the growth that does occur is controlled by the City and not vice versa. Staff has fielded several complaints from citizens concerning the existing code and has noted a high level of inconsistency with the code's format. Given the difficulties in the interpretation of the rules by staff and area businesses, staff felt that an update was in order. Difficulty in interpreting the code by staff leads to an inconsistent level of enforcement, thereby leaving local businesses with the impression that a particular sign may be allowed when in fact, it may not. BACKGROUND The Community Development Department is proposing to replace the existing sign ordinance with an updated code in an effort to protect the local business environment. The sign code not only controls the location, size and type of signs allowed within the City, but also how those signs relate aesthetically to the City as a whole. Staff feels that by clarifying the code with a new format, a level playing field will be created which will help local businesses flourish. 3, PLANNING COl\tlMISSION OF OWASSO MEMORANDUM 17.5.9 Service Station Regulatorv Signs. Signs and required regulatory information that are an integral part of, and not simply attached to gasoline pumps or other similar dispensing or servicing devices. 17.5.8 Garage Sale Sign. A maximum of two (2) signs not to exceed four (4) square feet each shall be permitted to advertise a garage sale. Any such sign shall not be placed in the public right-of-way, shall not be placed or located farther than the nearest major arterial roadway from the site of the sale and shall be removed immediately at the conclusion of the garage sale. 17.5.7 Political Signs, Political signs, not exceeding sixteen (16) square feet in area, which makes known the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than six (6) weeks before the general election and are to be removed no later than one (1) day following the general election, that no political sign shall be placed in or on the public right -of-way, that no political sign shall be placed or erected in or on any private property without the express permission of the owner or occupant of such property. 17.5.6 Legal Notices. Legal notices, identification, informational or directional signs constructed by government agencies or in compliance with their regulations. 17.5.5 Historical Markers, Non-illuminated, non-reflective memorial signs or signs bearing the name of the building and date of erection, provided that said signs do not exceed twelve (12) square feet in area and are either carved into, embossed on or permanently embedded in masonry, bronze or other non-combustible materials, in such a way that they are an architectural detail of a building. Flags. Flags and insignias of any government agency that do not exceed thirty-five (35) feet in height. 17.5.3 Business Signs. One (1) non-illuminated, non-activated nameplate or occupational sign not exceeding two (2) square feet in area and attached flat against a building, providing only the name, address and occupation of the building tenant or owner. (1) directional or open house sign not exceeding two (2) square feet in area located on the private property of the premises upon which the sale is located. 1 One (1) real estate sign not exceeding eight (8) square feet in area for residentially zoned areas or thirty,.two (32) square feet for commercial or industrial areas which is "daub le- faced" ad vertises sale, rental or upon which such are A permit shall not be required for the following types of signs, provided that said signs shall be subject to all other provisions this Code. 17.4. SIGNS NOT REQUIRING PERt\HTS. (Pages 4 ~ 5) (b) Portable, Snipe, Mobile, or Vehicular Signs. No portable, mobile, vehicular or snipe signs shall be permitted within the City, and no motorized vehicle or trailer shall be parked upon public or private property within the City for the obvious purpose of advertising; provided that conunercial vehicles may be identified only by business name, type of business, business address, business telephone number, and contractor's state / county I city license number when required. (a) Any sign not specifically permitted within a zoning district, to include temporary signs, shall be prohibited within such zoning district. 17.6.2 IYllih (e) No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes the potential impediment to rescue personnel in the event of an emergency or which constitutes a public nuisance. (d) No sign shall be constructed in a manner that interferes with any surface or underground utility structure. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water. (c) No sign shall be petmitted within any easement whether the City retains access rights or not. (b) No sign shall be constructed so as to obstruct any fire escape, required exit, window, or door opening intended as a means of ingress or egress, nor shall any sign be placed in such a manner as to interfere with any opening required for ventilation. (a) No sign shall be permitted to extend into, above or be placed in or on any portion of a public street, avenue or alley, nor shall any sign be painted, pasted, posted, printed or nailed to or on any curb, sidewalk, tree, light standard, utility pole, hydrant or bridge, or in any manner displayed within the public property or public right-of-way lines of any street, avenue or alley except legal notices, identification, informational or directional signs erected by a government agency and in compliance with their regulations. 17,6.1 Location following signs classified by location, type and content are prohibited. 5 ~ 7) or community wide interest. deems of a public Any other sign that the 11 rontractor Si~ Contractor signs not exceeding twenty-four (24) square feet m area and placed within the area to be constructed. 17.5.10 Awning or Canopy Letterin~ Vinyl or plastic lettering affixed to any awning or canopy, and conforming to the provisions of the section related to awnings/canopy type signs. (l) Service Station Si~ It shall be unlawful for any person to attach or maintain any sign (k) Roof Signs. It shall be unlawful for any person to construct or maintain any roof sign in any zoning district in the City. (j) Advertising Signs (off-premises). It shall be unlawful for any person to construct any off- premises advertising sign in any zoning district in the City. (i) Work of Art. No work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of Owasso without first being submitted to and approved by the Planning Commission. The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, location, appearance, color, texture, general design, use material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City Council may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the highest character of community development and would not be detrimental to the stability of value and the welfare of surrounding property, structures, and residents, and to the general welfare and happiness of the community. (h) Corporate or Commercial Fla~. No corporate or commercial flags shall be permitted in any zoning district that exceed thirty-five (35) feet in height and/or fifteen (15) square feet in area to include those corporate or commercial flags containing logos. Additionally, corporate or commercial flags shall be limited to one (1) flag per business entity. (g) Placards, Leaflets, Handbills. No placards, leaflets, handbills or similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any district. (0 Nuisance. No sign shall be permitted that emits audible sound, vapor, smoke, odor particles or gaseous matter. No moving signs shall be permitted any district except for pennants used in connection with real estate House" and maintained for less than forty-eight (48) hours. No flashing signs shall be permitted in any district except those signs displaying flashing or intermittent lights, or lights of changing degrees of intensity of color except signs indicating time, temperature, barometric pressure, air pollution index or THI, but only when the sign does not constitute a public safety or traffic hazard in the judgment of the Community Development Director or his/her designee. (d) .spomghLand~_ It shall be unlawful for any person to maintain any sign or work of art that extends over public property that is wholly or partially illuminated by floodlights or spotlights. (c) Gooseneck Reflectors, Gooseneck reflectors and lights shall be permitted only on ground signs, roof signs, wall signs, and works of art, provided the reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. (4) Unified Sign Plans may not propose a total sign square footage exceeding three (3) square feet of signage per everyone (1) linear foot of street frontage of the subject property. (3) Unified Sign Plans shall include all signage to be located within the perimeters of the subject site whether in excess of the provisions of the current sign code or not. (2) All unified sign plans shall be reviewed by the City of Owasso Planning Commission and shall conform to all conditions imposed by said Commission prior to the issuance of a sign permit. (1) All unified sign plans shall include the location, size, height, construction material, color, type of illumination and orientation of all proposed signs. All unified sign plans are subject to the following restrictions: National or international franchises shall be given reasonable consideration with respect to company standard logos and lettering styles that are an integral part of the franchise image and identity. The consideration shall not be without restriction and shall be within the boundaries of sound zoning practice and planning and in harmony with the general purpose and intent of the unified signage plan. A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location and design of signage on property being developed as a unit. The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of this Code. The intent of the USP section is to provide for some flexibility in the sign criteria of this Code that promotes superior design through architectural integration of the site, buildings and signs. PLAN (Page 18) UNIFIED (b) Traffic SafetL, No sign shall erected or constructed in any district within the City that states, "stop", "go", "slow", "danger" or any other similar term which could reasonable be confused with traffic signs. Furthermore, no sign shall be erected or constructed in any district which would by its color or nature, tend to be confused with or obstruct sight of traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person. struct11re or No display an obscene, indecent or immoral matter. (m) Balloons and Inflatable Signs, It shall be unlawful for any person to construct, erect or maintain any balloon, inflatable device or image for the purpose of advertising or directing attention to the location from which the device is attached. on gasoline pumps or any other dispensing or servicing equipment, which do not contain required regulatory information. Staff advertised the amendment in the November 14, 2002 edition of the Owasso Reporter. Staff has received no phone calls or correspondence concerning the amendment after legal publication. (6) That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities. (5) That the granting of the variance will not be detrimental to the public welfare, will not constitute a public nuisance or adversely affect public safety. (4) That the granting of the variance shall result in greater convenience to the public III identifying the business location for which a sign code variance is sought. (3) That the variance as granted represents the least deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. (2) That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. (1) That the variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography, or location of the subject property. The City of Owasso Board of Adjustment may grant a variance to the requirements of this Code only if the applicant demonstrates compliance with the following criteria: 17,14 SIGN VARIANCES, (pages 23 - 24) (3) Permanent, non-conforming signs that are damaged or partially destroyed by any means to the extent of more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this ordinance. (2) Permanent, non-conforming signs may not be moved, altered or enlarged in any way without conforming to the provisions of this Code. (1) within ninety (90) days the this are not limited to banners, snipe mobile sIgns. A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non-conforming. Said signs shall remain nonconforming and may continue subject to the following provisions: 17.13 NON-CONFORl'HNG SIGNS (Page 23) (5) Unified Sign Plans may not include any sign that is prohibited in Section 17.6. Owasso Sign Ordinance. 1. City of Owasso Zoning Code, Appendix 20 of Owasso Zoning Chapter 3. Amendment RECOMl\;IENDA TION Staff recommends approval of a text amendment to the Owasso Zoning Code, repealing Appendix F, Owasso Sign Ordinance and replacing it with Chapter 17, Owasso Sign Code. If this Commission approves the text amendment, this item does require City Council approval. B. Awninqs. Any structure made of cloth or metal with a metal frame attached to a building and projecting over public property when so erected to permit its being lowered to a position over public property and to permit its ~eing raised to a position flat against building when not in use. A. Area Marker. A sign which designates or identifies a subdivision or development. Section II. DEFINITIONS, Definitions of terms as used in this article, unless the context. otherwise requires, shall be as follows: Section I. PURPOSE. The purpose of this article is to regulate signs, bulletin boards and other advertising devices in the city; to regulate or prohibit ~uch devices in zoning districts; to control location, size, number, illumination and construction where these devices are permitted; and to regulate certain works of art in the city. This sign ordinance also intends to promote traffic safety by reducing accidents on public ways, eliminate distractions to drivers, eliminate obstructions of vision at curves and other traffic hazard areas; promote the convenience and enjoyment of public travel; .promote the protection of pedestrians, preserve property values; promote the establishment of high qu~lity business and commercial districts; promote the attraction of tourists and visitors to the community; eliminate obatruction3 to vision and diversions of motorists' atr.ention by such devices; facilitate safety of travel; preserve and improve physical environments; all of which are for the purpose of promoting the general welfare. This sign ordinance permits only those signs essential for the conduct of business and is intended to prevent needless clutter in appearance within the city by signs unreasonable in number, location, area and illumination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. GWASf;~ eRDHH\NCE NO 3M ~endcd by 000 IN1l.NCE N'~ As Arnended by ORDINANCE 424 CITY OF OWASSO MroJJOl fr I ,. , 2 SiGn, Flashinq, Any sign which incorporates in any manner apparent movement achieved by electrical pulsation or by other means such as sequential light phasing. ~., o. fl N. SiGn, DirectionaL A sign providing directions to the general pu~lic to a specific site or address in the city. L. SiGn, Business. A sign which directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A "for sale" or "for rent" or "for lease" sign relating to the property, the name, address, and occupation of the occupant shall also be deemed a business sign. I M. siqn, Community Interest. A sign giving information of an histori- calor informational nature that does not advertise a business, profession or product. _I K, SiGn, Bulletin. A sign or board erected by a church, school, community center, public agency or institution on its premises for announcement purposes. J. Siang Advertising. A sign which directs the attention of the public to any goods, merchandise, property (real or personal), business, service, entertainment or amusement conducted, produced, bought or sold, furnished, offered or dealt in elsewhere than on the prem~Be8 where such sign is located or to which it is affixed. I. Siqn. A sign includes any billboard or other device which disp1ays or includes any letter, work, model, banner, flag, pennant, insignia, propeller balloon, device or representation used as~ or which is in the nature of an advertisement or announcement or which directs attention to an object, product, place, activity, person institution, organization, or business, but the term shall not include display of official notice, nor flag, pennantu emblem or insignia of any nation or group of nations u or of any stat.S: or political unit. is px::o~essional Nameplate. A s states the name and or profession of the person the where the s located, xL at or (1200") at that which will not two hundl,~ed continue to burn or G. ectB Marquee. A roof~like structure of a nature which from the wall of a building and may a public way. able lettering may be a ]', E. Front l"OO1::~g~, The lot frontage on which the sign is located. D, Establishment. A place of business which has a separate identity, separate entrances, and separate recorda and books of its business transactions, C. Canopy. A roof~like structure of a permanent nature which projects over a public way. 3 BE. Work of Art. The term ."work of art" shall apply to all mural paintings or decorations, inscriptions, mosaic, painted glass and similar art forms of a permanent character intended for' permanent or corgrnemoration that are applied to, erected or placed upon the exterior walls of any building. For the purpose of this ordinance, a "work(s) of art", whether singular or in aggregate, shall be deemed to exist when ita size exceeds sixteen (16) square feet or exceeds the maximum area for a wall sign allowed in the applicable zoning district, whichever is larger, For the purpose of this ordinance , a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. M. Wall. The exterior aurface of a building or structure. For purposes of this ordinance, other than size limitations, wall shall be determined to include mansard-type or sloped roof structures. Z. SiGn, Wall. A sign painted, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall. W, SiGnff Roof. A sign erected upon or above a roof or parapet of a building which extends above the highest point of the building, X. Sign. Structure. The supports, uprights, bracing and framework for a sign or outdoor display. Y. SiGn, Temporary. A sign, banner, valance, advertising display or special flag used for commercial or political promotion and constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be dis- played for a specified short period of time only. V, ~gn. Proiecting. A sign other than a wall or ground sign suspended from or supported by a building and projecting out therefroffiw "Projection" means the distance by which a sign extends ever public property or beyond the building line. U, ~iqn2 Political. A sign which makes known the name of and informa~ tion about a person running for an office or any other information concerning a political campaign or election issue of any nature. T, Siq~,~Moving. Any sign, or of a sign, whether illuminated or unilluminatedo that does not remain stationary at all times less of power source which affects movement. used to advertise an establishment or to trucks, automobiles, trailers or or displav such sians while Eusiness s are an or ether vehicles used SD artificial any source to light or' reflect Sig~ed. light, or designed which is intended to cause R, P. SLemp Ground/Pole Mounted. A sign which is supported by one or more poles, uprights or braces in the ground having a minimum ground clearance of eight (8) feet, and which is not a part of a building. Q, Sign, GroundjSurface Mounted, A sign which is mounted flush with the ground or is supported by one or more poles, uprights, or braces in the ground, rising not higher than four (4) feet above the adjoining ground level, and which is not a part of a building, """'" 4 Real estate signs not exceeding eight (8) square feet in area which advertise only the sale, rental or lease of the premises upon which such signs are located. Provided, however, if the property is commercial or industrial and haa a frontage that exceeds 100 feet, then the size of the sign may be enlarged eight (8) square feet for each additional one hundred (100) feet or portion thereof, but not to exceed sixty-four (64) square feet in area. .1 I _.J __J L c. Exemptions. A permit shall not be required for the foLlowing listed signs. These exemptions, however, shall apply only to the requirement for a permit and shall not be construed as relieving the owner of such sign from the responsibility for its erecti.on and maintenance in a safe condition, If a permit is requested for signs in different categories as out- lined above, whether for one or more businesses, the full cost for the permit in each category shall be charged, 3. Wall roof sign, marquee (non~electrieal). . ., 10,00 4,. Ground sign/pole or surface mounted {non~electricall, w 12,50 Any applicant requesting a permit to install a sign with either internal or external lighting will be required to purchase an electric permit in addition to the above fee scheduled A single permit will be issued for multi.ple wall signa erected under" provisions of this ordinance as long as the permit may be issued for the sign at the same time. The cost of such permit shall be ten dollars ($10,00)@ 5.00 Work of Art w . 2. Permit Fees. Every applicant before being granted a under shall pay to the Building Inspector the following for each sign or "work of art" regulated by this articIe, L Advertising, awning D or temporary sign (non~electr ieal), ~ $ 5.00 here~ fee B~ A. Permit Required, Except as provided in paragraph "e" of this sectioD, no 9 ign or "work of art" shall hereafter be erected I constructed, or altered except as provided by this article and until a permit has been issued by the city Building Inspector. Application for a sign .Q!: "work of art" permit shall be made in writing upon forma furnished by the City Building IiJl13pectcr and shall include such information as he may ire for a complete understanding of the proposed work. A shall not be issued until a certificate of public liability in the amount of one hundred thousand dollars ($100,000) and a certificate of , s and worker' B insurance in an that is in with the irelments of the of the of Oklahoma has been filed and Clerk. A double fee shall for faLlure to ication for a as The insurance of this ElectLon be "toiork of art B , Sect.ion III, GENERAL REQUIREMENTS. provisions relating to the general requirements of the Sign Ordinance shall be as follows: 5 E. Inspection. Aa aoon as a sign or work of art has been erected, the permittee shall notify the Building Inspector, who shall inspect such sign or work of art and approve the same if it is in compliance with the provisions of this article. The Building Inspector may, from time to time as he deems necessary, inspect all signa or other advertising structures or works of art regulated by this ordinance, for the purpose of ascertaining whether it is secure or whether it is in need of removal or repair. D. Permit Revocable. All rights and privilege9 acquired under the provisions of this article, or any amendment thereto, are mere licenses revocable by the Building Inspector for violation of the provisions of this ordinance and all such permits ahall contain a statement of this limitation, 11, Mobile signs, as permitted in Section IV, Subsection Hu of this ordinance. 10. Political signs not exceeding sixteen (16) square feet in area, which make known the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than six ( 6) weeks before the applicable election or campaign and shaLl be removed no later than two (2) weeks after the general election, that no political sign shall be placed in ox on the public right~of-way, that no political sign shall be placed or erected in or on any pri.vate property without the express permission of the owner or occupant of 9uch property. the Signs of community interest which are Council. 9. s. Traffic or other municipal signsg legal notices, railroad crossing signso danger, temporary or emergency signs, '7. Memorial signa or tablets", historical markers; names of build~ ings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials. only the name of an building, institutional square feet in in bu or area. 6, u contractor, when upon sixteen (16) square feet S denot the architectg institutionp or other related under construction and not in area, 5. 4, Bulletin boards not over twelve (12) square faet in area for public charitable or reI institutions when the same are located on the premises such institutions, ), Professional nameplates not exceeding two (2) square feet in area. 2. Directional and open house signs providing they do not exceed two (2) square feet in area and are located on private property, 6 Unsafe and Unlawful SiGns or Works of Art. If the Building Inspect~ or ahall find that any sign or other advertising structure or work of art regulated herein is unsafe or insecure, or is a menace to the public, he shall give notice to the permittee or owner thereof ordering removal or alteration of the structure within three (3) days so as to comply with the standard herein set forth. Failure to comply with such order shall constitute a violation of this article, The erection or maintenance of a sign as defined in this ordinance for the purpose of evading any provision of this ordinance shall be held to be an unlawful act. If such violation is not removed or abated within ten (10) days, the Building Inspector shall cause the same to be removed and abated, and shall report the cost to the city Clerk. The cost of or removal or abatement shall be charged against the lot or part of ground fronting of such violation or the expense may be collected from the person causing such violation. Number, Date and Voltaqe to be on siqn or Work of Art. Every sign or other advertising structure or work of art hereafter erected """' -' B. ! j A. Provisions relating to the design Section IV. DESIGN REQUIREMENTS. requirements shall be as follows: J. 1icense Required. No persons firm or corporation shall engage in the business of sign hanging or the erection of signs within the corporate limits of the city without complying with the provisions of this article. There shall be an initial yearly license fee of fifty dollars ($50) for each such person, firm or corporation engaged in the business of sign hanging and the erection of signs. There shall aleo be a yearly license renewal fee of fifty dollars ($50). All persons engaged in the business of sign hanging and the erection of signs must obtain such a license except those who are employed by contractors carrying a license. There shall be a separate license for each place of business in the city conducted by any person, firm or corporation. Nothing in this section shall prevent any person, firm or corporation from hanging or erecting any sign or 8igns to be used in advertising the business or merchandise offered. for sale of such a person, firm or corporation, but strict compliance with the provisions of this article must be made at all times in the hanging and maintenance of such signs. upon Obscene Matter. It shall be unlawful for any to any sign Or other advertising structure Or of art indecent or Lmmoral matter. which p or a written removed of the bona sold, shall hrithin notification from the Bu the owner, or person or structure upon which no G. Maintenance, All signa or works of art, together with all their supports, braces, guys and anchors, ahall be kept in good repair and in a proper state of preservation. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this article. The appearance of the work of art shall be maintained in good physical condition as determined by the Building F. Alterations. A sign or wo~k of art which was erected before the adoption of this article shall not be rebuilt or relocated without conforming to the requirements set forth herein. 1. Ii. 7 1. MovinG and FlashinG SiGns Prohibited. No moving signa shall be permitted in any district except for pennants used in connection witb real estate "open House" and maintained for less than forty- eight (48) hours. No flashing signs shall be permitted .in any district except those signa displaying flashing or intermittent lights, or lights of changing degrees of intensity of color except signs indicating time, temperature, barometric pressure, air pollution index or THII but only when the sign does not constitute 3. That the mobile sign designation does not apply to business identification signs on company vehicles used in daily opera- tion of the business. Vehicles with signs cannot be parked and used as advertisements. 2. That the height on mobile signs (including trailer) be six (6) feet and that the maximum sign face be four (4) feet in height and eight (8) feet in width. 1. That mobile signe be located only on privately owned property advertising products or services on the property where the sign is located. H. Mobile signs may be located in zoning districts where permitted under the following conditions: F. Gooseneck Reflectors. Gooseneck reflectors and lights shall be permitted only on ground signs, roof signs, wall signs, and works of art. Provided the reflectors shall be equipped with proper glaBs lenses concentrating the illumination upon the area of the sign or work of art sa as to prevent glare upon the street or adjacent property. G, S~otliqht and Floodliqht Prohibited. It shall be unlawful for any person to maintain any sign or work of art which extends over public property which is wholly or partially illuminated by floodlights or spotlights. Em B~gn or structure or art as this article shall be erected at the intersection of any streets such a manner as to obstruct free and clear or at location where, reason of the intensity, position, shape or it may interfere with, obstruct the view, or be confused with any author~ ized traffic sign, signal Ot' device; or which makes use of the words "Stop", "Look" Q "Drive~In", "Danger", or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuss traff ic . DG Obstruction to DoorBk ~indow~ or Fire EscaQes, No sign erected, relocated or maintained sa as to fee B from any door, window or fire escape. No B 1 be attached to a or fire escape. Co Wind Pressure Re~irements. All signa and other advertising ~tructurBs or works of art shall be designed and constructed to conform to the city building codes, shall have painted in a conspicuous place thereon, in letters not less than one (~) inch in height, the date of erection, the permit number, the voltage of any electrical apparatus used in connection therewith and the name and telephone number of the sign owner. 00,'" ~ J 8 M. Specifications Generally, Canopies of permanent and substantial design and fireproof construction may be erected in front of or project from any building in the City to be used as a hotel or theater, upon the terms and conditions listed below. 1. canopies must be constructed of fireproof material and under the supervision of the Building Inspector of the City. 2. Canopies may project from such building over the sidewalk not to exceed the width of the sidewalk measured from the lot line and shall have a clearance of not less than eight (8) feet above the sidewalk and fifteen (15) feet above the drive or alley, K.. Nuisance: Abatement; Assessment. When any such condition exists as is referred to in Section IV(J), the Council may declare such a nuisance and order itB removal and abatement. The Building Inspector shall give the owner or occupant of the grounds fronting thereon, or the person causing a nuisance mentioned in Section IV(J) u a written notice that such a nuisance must be removed within ten (10) days. If such nuisance is not removed or abated within ten (10) days, the Building Inspector shall cause the same to be removed and abated, and shall report the cost thereof to the City Clerk. The cost of removal or abatement shall be charged against the lot or parcel of ground fronting on such nuisance or the expense may be collected from the person causing such nuisance. L. Construction Permit Required: In!:l1~ection of Plans, Before any person shall construct any canopy, he must exhibit to the Building Inspector a draft of the plans and specifications for the same and receive from the Building Inspector a permit 'for such construction. Before the Building Inspector shall grant the permit required by this section, he shall carefully inspect the plans of the proposed structure and satisfy himself that the same is safe and that the building from which it is to be suspended is sufficiently strong to safely carry the weight of such structure. :3 . That said appl ication be granted after the filing of Ii bond or insurance in a sufficient amount to protect the public and hold the city harmless from all claims and damages of any kind. .:2 'I'hat if the banners or decorations be affb:ed to , it be done so after the written consent of the owner is obtained. decorat ions be or icant for said banners or a benevolent, charitable, or nonprofit That tIle :1. J. Proiection Deemed Nuisances. All canopies, ropes~ networksp banners, holiday decorations, posts, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this article. Provided, that permission may be granted by the majo~ik~~ ~~ ~~e~~~ Board of Adjustment to maintain a banner or holiday decoration acrosS a 8treet for a limited period of time upon the following terms and conditions: a public safety or traffic hazard in the judgement of the Building Inspector. 9 3. Height Limitation. It shall be unlawful to erect any ground sign/pale mounted whose total height is greater than thirty (30) feet above the level of the ~treet upon which the sign faces, or above the adjoining ground level, if such ground 1. Material Required. All ground signs/pole mounted, for which a permit is required under this article, shall have a surface or facing of noncombustible materials, or material approved by the City Building Inspector. Provided, that combustible structural trim may be used thereon, 2. Letters, etc., to be Secured. All letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This doss not exclude the use of standardized, changeable lettering securely mounted on sign forms. c. ~rou~q~ign1Pole Mounted. 4. Support. Every awning shall be securely attached to and supported by the building, 2. Height Above Sidewalk. All awnings shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the public sidewalk and fifteen (15) feet above a drive or alley. 3. Setback from Curbline. No awning shall be pecnitted to extend beyond a point two (2) feet inside the curbline. 1. Materials. Awnings may be constructed of cloth or metal. Provided, that all frames and supports shall be of metal. B. ~. 2. Premises to be Kept Free of Weeds. All area markers and the premises surrounding t.he same shall be maintained by the owner or occupant thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds. Design, material, location, sizeu of area markers shall the Pl Comrrlission as a of development or the si.te Construction shall be the Inspector as to the at other of in a manner and L A. Section V. CONSTRUCTION R;EQUJREMENTS. Provisions relating to construc- tion requirements shall be as follows: 4, A canopy when erected must be so drained as not to discharge water upon the sidewalk, nor upon streets except by a closed drain, 3. All canopies must be suspended from the building and not resting upon the sidewalk. 10 L_ 5. Space between Ground/Surface Mounted and other Signs and Structures. The nearest point of any ground sign/surface mounted shall be no closer than ten (10) feet to any sign, Visual Obstruction. No ground sign/surface mounted located on the triangle formed by two (2) curblinea at the Intersection of two (2) streets, and extending for a distance of fifty (50) feet each way from the intersection of the curblines on any corner lot within the city, shall be permitted to exceed a height 'of more than thirty-six (36) inches aboT/e the road level of any street, avenue, or alley, in order that the view of the driver of a vehicle approaching a street intersection shall not be obstructed. f! , 4. 3. Height Limitation. It shall be unlawful to erect any ground sign/surface mounted whose total height is greater than four (4) feet above the level of the street upon which the sign facesu or above the adjoining ground level, if such ground level is above the street level. 2. Letters, etc., to be Secured. All letters, figures, characters, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. 1. Material required. All ground signs/surface mc::runted for which a permit is required under this article shall be constructed of materials approved by the Building Inspector. D. . 7. Premises to be Kept Free of Weeds 9 etc, All ground signs/pole mounted and the premises surrounding the same shall be maintained by the owner or occupant thereo:f in a clean d sanitary and inoffensive conditionw free and clear of all obnoxious Elubstancesg rubbish and weeds. 60 Bracing u Anc110rage ana ",Ul?l?UL""'. All mounted shall be built, constructed and foundationsu posts, standards or supports designed adequately support the sign, In no case shall this section be construed to allow "A-frame" signs. ine, No Setback !",ine. shall extend 5. mounted s 4, space Between Ground/Sign pole Mounted and Ground, other Signs or structures. Ground sign/pole mounted shall have an open space not less than eight (8) feet between the bottom of the sign and the ground level. The nearest point on any ground sign/post mounted shall be no closer than four (4) feet to any sign, building or structure unless constructed of level is above the street level. If the adjoining ground level is below the street level, the total height of the sign may exceed thirty (3D) feet by an amount sufficient to allow the highest point of the sign to be thirty (30) feet above the street level upon which the sign faces when measured on a line perpendicular to the street passing through the sign location 0 11 G. BQQLSignB. 1. Projection over Public Property. No projecting sign shall be maintained 113138 than eight (8) feet above the sidewalk over which it is erected. No projecting sign shall project beyond six (6) feet of the face of a building and shall not extend over any public driveway, alley or thoroughfare llsed for vehicular traffic, except as provided for in section VI of the ordinance~ F. Projection Siqns. 8. Live Loads. Marquees shall be constructed in accordance with the building code. 6. Bracing, Anchoring, and Supports. Marquess, shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support therefor. 7. Advertising Matter. No marquee shall display any advertising matter, except those goods and services offered for sale upon the premises or public service messages of a communitywide interest. 4. Height above Sidewalk. No portion of a marquee shall be leS8 than eight (8) feet above the level of the sidewalk or fifteen (15) feet above a drive or'alley. S. Setback from Curbline. No marquee shall be permitted to extend beyond a point two (2) feet inside the curblLne. 3. Rooisq Use. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof, 2. Drainage. The roofs of all marguees shall be constructed so as not to permit water to flow on any sidewalk. 1. Material Required, All marquees, including the anchors, bolts.. supports 0 rodE! and braces thereof 0 shall be constructed of noncombustible materials and approved by the Building Inspector. E, 8. Premises to be Kept Free of WeedE!g etc. All s surface mounted and the the saX!1e be maintained the owner or thereof in a cleanff and condition, free and clean of all obnoxious substances, rubbish and weeds. 6. Setback Line, No portion of any ground sign/surface mounted shall extend beyond the property line. 7. Bracing, Anchorage and Supports. All ground signe/surface mounted shall be securely built, constructed and erected upon foundations. posts, standards, or supports designed to adequately support the sign. In no case shall this section be construed to allow "A~fraroe" signs. constructed entirely of building or structure unless noncombustible material, 12 5, Advertising Permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry or use conducted on or within the premises on which such sign is Duration of Permits. Permits for temporary signs shaLl authorize erection and maintenance of such signs for a period not exceeding thirty (3D) days. 4. 2. Projecting from Wall aver Public property. No temporary sign." except one approved by the ~ Council Board of Aajustment, shall extend over or into any street, alleyu sidewalk or other public thoroughfare a distance greater than four (4) inches from the wall upon which it is erected, and shall. not be place or project over any wall opening. Anchorage and Support. Every temporary wall sign shall be attached to the wall with wire or steel cables; no stringBF ropes, or wood slats far anchorage or support purposes shaLl be permitted. 3. Materials and Area Limitations. No !'dgn Bha1.l exceed sixty (50) square feet in area. D that if the sign is to be located on a tract or lot having a frontage Ln excess of one hundred (100) feet and is the only sign to be located on the tract, additional square footage may be allowed on each side of the sign equal to thirty (3D) percent of the front footage in excess of the first one hundred (100) feet up to a maximum of ninety (90) square feet. Provided further? that no political sign shall exceed sixteen (16) sguare feet in area. Provided furtherg that such sign in excess of sixty (60) square feet shall be made of rigid materials approved by the Building Inspector. 10 6. Bracing, Anchorage and Supports. Every roof sign shall be thoroughly secured to the building by iron or other meta.l anchorsu boltSg Bupports, rods or braces. on the as to other Prohibited Obstructions, No roof s shall. be roof of any building or Btructure such a manner prevent free passage from one part of the roof to any part thereof or interfere with openings in the roof, !L All roof shall have a bet\"een t.he baBe of t,he have at least five (5) feet:. 8 thereof. Between and Roof, at least five 5) feet in and the roof , and clearance between the vertical 4, 3. Setback from Roof Edge, No roof sign over four (4) feet j~ height shall be erected or maintained wit.h the face thereof nearer than five (5) feet to the outaids wall toward whtch the faces. 2. Height and Area Limitation, No roof sign shall have a surface or facing exceeding two hundred (200) square feet nor have its highest point extend mare than fifteen (IS) feet above the roof level. 1, Material Required, Every roof sign, including the supportsr braces and structural trim, shall be constructed entirely of noncDmbustible materials. t ~ '. l.! H. 13 Hereafter no work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of OWasso without first being submitted to and approved by the Gity Council. The City Council ffi;J.y refer the propooed work of art to the Planning Commio:Jion for ita re'lie\, and recommendation Planning Commission. x. Work of Art. 1. No placards, leaflets, handbills or other similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any district. All persons placing such materials, and all occupants and owners of buildings upon which such materials are placed shall be responsible for violations hereunder, J. ~~acards, Leafletsg Handbills Prohibited. 5. Supports and Attachments. All wall signs shall be safely and securely attached to the building wall. 4. Obstructions to Doors, Windows, or Fire Escapes. No wall sign shall be erected, relocated, or maintained as to prevent free ingress to or egress from any door, window or fire escape. 3. Projection above Sidewalk and Setback Line: No wall sign shall be permitted to extend more than eighteen (18) inches beyond the building line, nor shall be attached to a wall at a height of less than eight (8) feet above any public or private sidewalk or walkway. If more than one establishment is located on a tract, lot, or unified shopping center, wall signs may be placed on each business. Provided, that the total area of all wall signs on the tract, lot, or unified shopping center shall not exceed ten (10) percent of the wall to which they are attached, or one hundred fifty (150) square feet. whichever is ISBS as provided for ln section VI Be and VI C, of this ordinance. 2. Limitation shall cover who 1 or ect the ends or of the wa.l No wall shall exceed ten (10) percent of the wall to which it attached, or one hundred fifty (150) square feet. whichever is lesB. Individual letters witb no background shall be measured by the minimum rectangular area necessary to encompass Buch letter or by a combination of rectangles as arB necessary to encompass a letter of irregular dimensions. 1. Materials. All wall aigns for which a permit ia required under this article shall have a Burface or facing of noncombustible materials, Provided that combustible structural trim may be used thereon. However, the surface or facing and structural trim of a wall sign 'VJbich i8 attached to a stone; brick, or masonry \"a11 may be of exterior grade plywood having a thickness of not less than one half (~) inch. No plywood sign shall be illuminated or in any manner be or serviced bv electr I. Wall Signs. located except as provided in Section III C. of this ordinance, 14 Real estate signs, single or double faced, advertising "for sale" or "for rent" or "for lease" of the premises upon which the sign is located subject to the following conditions: b, r I l 1 a. Professional or occupational nameplates not over two (2) square feet in area and showing only the name and/or address and occupation of the occupant. There shall be only one (I) nameplate for each dwelling. The nameplate shall be affixed to the principal building flat against the walL 3. Business signs unilluminated, in residential districts, subject to the following conditions: One bulletin board may be erected on each street frontage of an educational f religious, institutional, or similar use requiring announcement of its acti.vities provided that such institutions occupying a corner lot shall permitted no luore than two (2) eigns. The bulletin board shall not exceed 12 square feet in surface area nor a height of four (4) feet above normal grade, and illuminaticm, if any, shall be by constant, indirect lighting directed away from adjoining residential uses. No bulletin board shall be located closer than eight (8) feet from any side or rear property line, nor located closer than ten (10} feet to the front property line. A sign or bulletin boardg affixed to a building, shall not project higher t.han ten {IO} feet above t.he ground level, Buildings construct.ed on the property line shall be allowed one ident.ification sign only when the sign is a flat wall sign permanently at.tached to the building. One corner lot.so no sign shall be BO constructed or so located that it will obstruct t.he view of traffic approaching street intersection, .20 320,2 Accessory Use Conditions Ie Area Marker for identification of a subdivision or development are subject to approval of the goYcr~f the Gity'~ ~ Planning commission. A. SECTION 320 ACCESSORY USES IN THE AGRICULTURAL DISTRICTS in each in t.l1e and conditione of the OWASSO Section VI. DISTRICT SIGN REGULATIONS. dist.rict are set forth below. The signs listed districts subject to all of the in this ordinance. The shall be amended to read as followsz The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, also location, appearance, coloro texture, general design, use of material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City Council may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the high character of community development and would not be detrimental to the stability of value and the welfare of surrounding property, structures, and residents, and to the welfare and happiness of t.he co~nunity, 15 Accessory Use Conditions 520.2 C. SECTION 520 ACCESSORY USES PERMITTED IN OFFICE DISTRICTS forth in Business Signs, unilluminated, as set Subsection A.b.3. of this sectione 3. 2. Bulletin boards, as set forth in Subsection A.b.2e of this section. 1. Area Markers as set forth in Subsection A.b.l, of this section, b. Signs '420.2 Accessory Use Conditions B. SECTION 420 ACCESSORY USES IN RESIDENTIAL DISTRICTS e, One (1) wall 8 ign may be attached to a wall of an apartment building located in RM or RD zones. Provided, that such sign shall not exceed ten (10) percent of the wall to which it is attached or ninety (90) square feet g whichever is leS8. Providedp further, that the wall to which such sign is attached shall front or face upon a public right-ot-way. Provided, further p that in no case shall more than one (1) such sign be permitted for any apartment complex. d, A sign or signs advertising a subdivision each not exceeding one hundred (100) square feet in area may be placed in a subdivision during the initial sales and development. Provided, that the sign or signs are located at least twenty~five (25) feet from any right- of-way or street linew and are removed within ninety (90) days after completion of the last house or sale of the last lot in the subdivision or three (3) years from the date of initial construction, whichever comes first. (16 ) (.30 ) One 11) the architect, contractor, w or other related concern upon the si.te while a structure 1", construction provided doee not exceed sixteen square feet in area and is removed within thirty days after construction is complete. c@ anchored to the than five (5) Ground shall be shall not above the 4, 3. When a sign is affixed to a building, it shall not project higher than one (1) story or ten (10) feet above the ground level 2, No sign shall exceed eight (8) square feet in area, 1. Only one (1) sign for each real estate company shall be permitted per 10tF or for each sixty- five (65) feet of street frontage. t.,J 16 The applicant presents a detailed plan to the Building Inspector showing the location of the signs on the building, size of I;: 1 1, Wall signs which advertise or indicate only services or products which are sold Dr offered for sale within the building to which the sign is attached shall be permitted. Provided that: fl ~,j d. Temporary signs shall be permitted, subject to the general restrictions set forth elsewhere in this ordinance. c. Illuminated signs shall be permitted. Provided that such signs in direct view of traffic signals are not red, green or amber in color, and providing such signs are illuminated only during business hours or until eleven o'clock (11:00) p.m., whichever is later. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential district or into any street, " L; b. If a unified shopping center is located on a tract or lot bounded by two (2) or more public streets, such unified shopping center ~hal1 be permitt.ed to erect one (1) additional ground sign~ pole or surface mounted, at a secondary entrance facing a different public street than the original ground sign permitted in this section. Provided that, in no case shall such additional ground sign exceed fifty (50) sqtHl.re feet in area. One (1) ground signe pole or surface mountedp may be erected in an office complex, a unified shopping center v or industrial tract for aea of identifying the development. The sign 1 only the name and the location of the and na~mea of atores, ions or businesses located in the deve 0 The size of the shall not exceed (30) feet in or one hundre~(100) in area, Howeverq if the a front footage in excess of one (100) fest, additional area may bs allowed on each side of the sign equal to thirty (30) of the front footage in BXCBSS.of the first one hundred (100) feet of said tract or lot. Provided that the size of the sign ahall not exceed one hundred fifty _ /J.50~ squars feet and shall conform to the requirements for ground eigne set forth elsewhere in the ordinance. a, 2. Business signs, illuminated and unilluminated, subject to the following conditions: 1. Bulletin boards, as set forth in Subsection A,b.2. of this section. d, Business Signs 17 1. Eusiness signs, illuminated and unilluminated, subject to the following conditions: a. One (1) ground sign, pole or surface mounted~ may be erected in an office complex, a unified shopping center, or industrial tract for purposes of identifying the development. The sign shall display only the name and location of the development and names of stores i occupations or businesses located in the development. The size of the sign shall not exceed thirty (30) feet in height or one hundred (100) square feet i.n area. However, if the development has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (3D) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot. Provided that the size of the sign shall not exceed one hundred fifty (150) square feet and shall conform to the requirements for ground signs set forth elsewhere in the ordinance. The following shall be permitted signs in the CS and IL D~strict: CS and IL District Use Conditions 1021. 5 All signs and outdoor advertising included as permitted uses in Sections I through Vi Ordinance 309, otherwise known as the OwaSBO Sign Ordinance~ Included Uses 1021. :2 D. SECTION 1021 USE UNIT 21 BUSINESS SIGNS AND OUTDOOR ADVERTISING 3. A temporary rea.!. estate sign aaver~y ..us saLe, rental or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed 32 square feet in surface area nor 15 feet in height, and illuminatioflp if any, shall be by constant light. T1:1e roaxirnum area felr \'1<1,11 ahall be ~~mited to ten (10 the wall to which it is hundred f (150) square feet? whichever is less. For one hundred (100) feet increment the wall is Bet back from_the pubJic way? the maximum area maybe increased by fifty (50) percent, provided that no sign shall exceed four hundred (450) square feet. 2. Wall signs are permitted for each wall which faces or fronts onto a public xight~ of-way and such sign is attached to the corresponding wall, except that no wall sign shall be permitted upon any ;.lall other than the front wall which faces or fronts cnto a public right-at-way when such public right~of~way is bounded on thp aide by properly .~Qnea s dwell' nella ~ letters and clearance between the walla and signs. 18 1. Awnings, subject to the provisions set forth in Section V of this ordinance, The following shall be permitted s ign8 in the CG, CH and IM Districts: CG and CH and IM District Use Conditions 102'1.6 3. The maximum area for wall signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. For each one hundred (100) feet increment the wall is set back from the public right-of-way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty (450) square feet. 2. Wall signs are permitted for each wall which faces or fronts onto a public right-of~way and such sign is attached to the corresponding wall, except that no wall sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right=af-way when such public right-of-way is bounded on the opposite side by properly zoned single family dwellings. the the and The applicant presents a detailed plan to Building Inspector shewing the location of signs on the building, size of letters clearance between the walls and signa. L d. Wall signs which advertise or indicate only services or products which are sold or offered for sale within the building to which the sign is attached shall be permitted. Provided that: permitted f subj act to the forth elsewhere in this be set Temporary signa shall general restrictions ordinance. c. b. Illuminated s shall be that such in view of traffic B not red, or amber in Golor~ and are business hours or eleven o'clock om" whichever is later. When the s is a light or light reflected ~~ff direct rays of 1 shall not beaII1 upon any ial district or into any street. No ground sign, pole or surface mounted, shall be permitted to project into a right~of~way and ehall be located in a manner not to constitute a traffic hazard. If a unified shopping center is located on a tract or lot bounded by two (2) or more public streets, such unified shopping center shall be permitted to erect one (1) additional ground sign, pole or surface mounted, at a secondary entrance facing a different public street than the original ground sign permitted in this section. Provided that, in no case shall such additional ground sign exceed fifty (50) square feet in area. 19 1. A sign erected beneath a canopy shall not exceed three (3) square feet in area and shall be hung at right angles to the building. A minimum clearance of eight (8) feet shall be maintained e. Projecting signs below a canopy or marquee erected over a public sidewalk shall be permitted subject to the following conditions: Multi Establishment: If more than one (1) establishment is located o~ a tract or lot, one (1) ground sign, pole or surface mounted, may be installed to display names of stores, occupations or businesses located on the tract or lot. The size of the sign shall not exceed one hundred (100) square feet in area. d, projecting signs shall be pennitted subject to the provisions set forth in Section V,F. of this ordinance. c. Single Establishment: One P) ground sign, pole or surface mounted, shall be permitted. Provided that the size shall not exceed sixty (60) square feet in area. However, if an establishment is located on a tract or lot having a front footage in excess of one hundred (100) feet and is the only establishment located on the tract or lot, additional square footage may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred ( 100) feet of said tract or lot $ Provided further I that the size of the sign shall not exceed ninety (90) square feet0 a. Wall signs are permitted for each establishment on a wall which faces or fronts an adjoining and abutting public right~of-way. Provided that where a building facBs more than one public right~of~way, two walla may be used for signa. Provided furtherp that no wall signa shall be permitted any wall other than the front wall which faces or only a public r i8 bounded on zoned family dwellinGS. All !'! may cc:matruct one < 1 wall in CG f CH and 1M di!'! on \'./all!3 which do not face an abutt public when there exists under the same ownership a lot or other open space of at least fifty (SO) 1 between the wall and the nearest building, but in no caBe shall a sign be constructed on more than two (2) walls of a building. b. The maximum area for wall signs shall be limi'ted to ten (10) percent of the wall to which it i8 attached or one hundred fifty (150) square feet, whichever is leas. For each one hundred (100) feet increment the wall is Bet back from the public right-of~way, the maximum area may be increased by fifty (SO) percent, provided that no sign ahall exceed four hundred (450) square feet, 3, Business signs, illuminated and unilluminated. 2. Bulletin boards, as set forth in Section VI A e 2 of this ordinance. 20 Each such sign shall be mounted on a single ground pole and there shall be a minimum clearance of 8 feet between ground level and the bottom of the sign structure. b, I 1 .J The height of an outdoor advertising sign structure shall not exceed 356 and the maximum outside dimension shall not exceed 300 square feet. a. , , 4. All advertising signs for which a special permit is granted by the city counciL. Planning Commission of the City of Owasso, ,oklahoma, shall comply with the following standards: 3. "Advertising face" is and shall be defined to mean each side of an outdoor advertising sign which is designed, erected, located and positioned for the purpose of displaying off- premises advertising material. 2. After December 31, 1981, there shall not be permitted within the city of Owasso more than one (1) commercial advertising sign for each six hundred (600) feet of frontage abutting a U,S, highway. L Advertising signs as defined in Section I I (j) of this article, (billboards or poster boards) may not be constructed or- erected in the City of OWassou Oklahoma without the ~ Counoil Planning Commission of the City of Owassop Oklahoma first granting a special permit for such sign, : allowed s Advert 102 L 8 o as set forth in Subsection 2021.8 of this Advertising section, 4. Business signsp illuminated! as set forth in Subsection D.4. of this section. 3. BU8 iness signs p unilluminated, as set forth in Subsection A.:3. of this Beetion. :2. Bulletin boards, aa set forth in Subsection A. . of this sec-tion. 1. Roof , ect to the conditions set out in Section V.G. of this ordinance. in the IB District I a ahall be The IH District Use Conditions 1021.1 aions signs shall be subject to the in Section V,B. of this ordinance. 4. 2, A sign erected beneath a marquee shall not extend beyond a point within two (2) feet of the front edge of the marquee and shall maintain a minimum clearance of eight (8) feet between the bottom of the sign and the public sidewalk below, between the bottom of the sign and the public sidewalk below. 21 Section * IX. VALIDITY, If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be ProvJ.ded 131 I furthcr gn, polc moun ,tn;Jt no '..:1 or t,'hOI3C arc.:l ted '\'Ihone tot~l r~~noo CHla:kJ. .oc that an"" exceed. t.. he'qht io q'"o<oo .. vote ,aueh var' ..0 huod".d 1" qreate. tha . .OE a qce>m<l 0,. af four ! 4 ) .anoe ahall be ,fty ai" ! 256) n · u'Y 160 I f .aooo. or ..ore ",omhe authorized 001 aquo"e !cot eet ra of the City C y upon ;:lff' ' and ouneil of t J.r~.:ltiYe hc Cl.ty of G. Th;:lt the otr1.ot appl1.CIlt..i.On 01: "trle o1.9n UrU.LIl.WUC 1:1..: . reoult in praotioal d' ff' It! qu.!.n..:ml..:!!~U WUU..LU .inconoiatent ..dth the ge1.ne J.Ct co or unn.cocoo.:1ry hardohipo Ordinilnce. ra purpooe and .l.ntcnt o~ the Sign B. That the granti.ng of the y;:u:J.::mcc ',H.J..J. not; oc m.l.1;;cr.l.i:ll.J.Y aetrl.mcnt:uJ. to the publio \Jolfarc or injuriouo to property or improvcmento in ouch !/loning diotrioto or neighborhood in ~.'hioh the property io locLltcd. . t arioc from condl. t..l.on1J ',;h1.ch arc un:l.oquc t.o the ~. The var1.ancc rcqueo . ordinariI ' ~ location in qucotion and W~l.eh a~~dn~~ an aot.ion":i or aO~D of the diotriot zonol and arc no orca property o\mcr or applicant. ~ - ~ion0f ' .. . ke ' . ~..,u"e~ hea" .nd deei::' ad.u"eatrative offioer to the cit ~~n-t'"'-l ~fie eaoeo a yari the matte" de neve, and ofter ~ Goune",-aa~ ~~ a,,-eo fro"" the te"",. ef thio ~,:,,::';:..:~a,. au'ho",." mot~noco ~rc feund to apply+ .l.dcd that a~ Section VIII, PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof p be fined in a sum not exceeding one hundred dollars ($100) or be imprisoned not to exceed thirty (30) days or both 80 fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense. shall be serviced Where feasible, Buch advertising B electrical e. d. The ground area immediately around and upon which Buch advertising signs are located shall be landscaped in accordance with a sketch plan to be approved by the ~ Pla.nning Commission of the City of Owasso, Oklahoma, and such landscaping shall be maintained and ed as necessary to comply with such sketch plan. c. Each advertising sign must be in compliance with all Oklahoma and Federal laws and regulations governing and concerning such signs, "".." ':.,~J 22 f] "'.0 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section ~ x. EMERGENCY DECLARED. An emergency is hereby declared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval and publication. PASSEDo and the emergency clause ruled upon separately and approved this 1st day of Septenilierp 1981. Section IX.C, amended the 17th day of Junep 1986. t=I J. Projection Deemed Nuisances. All canopieso ropes, networks, banners, holiday decorations 0 posts, radio aerials 0 placed in or proj ecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this article. Provided, that permission may be granted by the Board of Adjustment to maintain a banner or holiday DESIGN__REQUIREMENTS e section IVe section One: Part 12--Planning, zoning and De.velopment, Chap- ter 2--Zoning, section 12-202--sign Regulations Adopted, incorpora- ting by reference Ordinance 309, as amended by Ordinance 352 relating to sign regulations be, and same hereby is amended in the following respectso to-wit: NOW 8 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OWASSO p OKLAHOMA, IN PARTI- CULAR PART 12--PLANNINGp ZONING AND DEVELOP- MENTp CHAPTER 2--Z0NING REGULATIONS, SECTION 202--SIGN REGULATIONS , AS SAME INCOR- PORATES OF ORDINANCE NO~rnER 309 AS AMENDED BY 352, AMENDING BY THE BOARD OF IN OF THE CITY IN SECTION 4 REQUIREMENTS, SUBSECTION ON DEEMED NUISANCES; BY SUBSTITUTING THE PLANNING COMMISSION IN LIEU OF THE CITY COUNCIL IN SECTION 5--CONSTRUCTION REQUIREMENTS, SUBSECTION A--AREA MARKER; BY SUBSTITUTING THE BOARD OF ADJUSTMENT IN LIEU OF THE CITY COUNCIL UNDER SECTION 5--CONSTRUC- TION REQUIREMENTS, SUBSECTION H(2) RELATING TO TEMPORARY SIGNS, BY SUBSTITUTING THE PLANNING COMMISSION IN THE PLACE OF THE GOVERNING BODY OF THE CITY OF OWASSO, OKLAHOMA, IN SECTION 6 -DISTRICT SIGN REGULATIONS, SUBSECTION A(l) BY SUBSTITUTING THE PLANNING COMMISSION FOR THE CITY COUNCIL IN SECTION 6--DISTRICT SIGN REGU- LATIONS, SUBSECTION E; BY REPEALING SECTIONS 7 and 9 RELATING 'I'D NONCONFORMING SIGNS AND APPEAL AND VARIANCE, DIRECTING CODIFICATION, DECLARING AN EFFECTIVE DATEs CITY OF OWASSOp OKLAHOMA ORDINANCE NUMBER 424 ,J 2 Hereafter no work of art shall be applied to I erected or placed upon the exterior walls of any building within the city of Owasso without first being submitted to and approved by the Planning Commission. The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of artl also location, appearance I color, texture I general designl use of material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings" The Planning commission may, when it deems proper, also require a complete model of work of art to be submitted" In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the high character of community development and would not be detrimental to the stability of value and the welfare .of surrounding property, structures, and residents, and to the general welfare and happiness of the community. K. Work of Art. H. J'emporarL~s . :2 . Pro) ecting from Wall over Public Property. No temporary sign, except one approved by the Board of Adjustment, shall extend over or into any street, alley I sidewalk or other public thoroughfare a distance greater than four (4) inches from the 1 which it is and shall not or proj over wall opening" or Approval Required. loc ion I size, shall Planning commission p" . the s manner Design, material, placement area 1 1. A. Area Marker. PONSTRUCTION REQUIREMENTS. Section v. decoration across a street for a limited period of time upon the following terms and conditions: 3 section Three: That sections 1 through 5, and 8 as set forth by Ordinance'Number 309 as amended by Ordinance Number 352 as well as the foregoing shall be codified as Appendix F to the Owasso Zoning Code. section 6 of Ordinance Number 309 as amended by Ordinance Number 352 as well as amended above shall be codifed in the pertinent sections of the Owasso Zoning Code as indicated. section Two: That from and after the effective date hereof, sections VII and IX of the sign regulations as adopted pursuant to Ordinance 309, as amended by Ordinance 352, as codified under Part 12--planning, zoning and Development, Chapter 2--Sign Regulations, be and same hereby are repealed. d. The ground area i:mmediately around and upon which such advertising signs are located shall be landscaped in'accordance' with a sketch plan to be approved by the Planning Commission of the City of Owasso, Oklahoma, and such landscaping shall be maintained and replaced, as necessary to comply with such sketch plan. a special commission 11 comply, s signs 'Whi granted by the Planning of the city of Owasso, Oklahoma, with the following standards: 4. 1 Advert1sing signs as in on IIej) this arti eu (billboards or boards) may not be constructed or erected in the City of Owasso, Oklahoma without the Planning Commission of the city of Owasso, Oklahoma first granting a special permit for such sign. s i all 1021.. 8 SIGNS AND 1021 USE UNIT 21 BUS ING D. a 320,2 Accessory Use Conditions 1. Area Marker identifi ion ion or are ect 1 af the Commission As SECTION 320 ACCESSORY USES IN THE AGRICULTURAL DISTRICTS DISTRICT SIGN REGU~.TIONS. Section VI. CHAPTER 17 CITY OF O"VASSO (Ord. ,2003) The area of a sign shall be computed to include the entire area within a sign, whether such sign is a parallelogram, triangle, circle or semi-circle, including all of the display area of one side and any part of the surface of any cornice, hood, 17.2. CALCULATING THE AREA OF A SIGN. "~ ~ (4) To provide for the removal of any sign that is in violation of or non- conforming with the intent and purpose of this Code. (3) To provide for the issuance, revocation, inspection and identification of signs within the City. (2) To provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare, public safety, convenience and order to the City of Owasso. Calculating me Area or a Definitions. Reserved. Signs Not Requiring Permits, Prohibited Signs. Reserved. Permitted Signs. Unified Sign Plan, Administrati ve Provisions, Construction, Inspections and Maintenance Standards. Permit Fees and Penalties. N on-Conforming Signs. Reserved. Sign Variances. Validity . Reserved. establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the City of Owasso may appear orderly and to prevent the needless clutter in appearance within the City by signs unreasonable in number, location, area and illumination. The purpose and general intent of the City 0 f Owasso Sign Code is as follows: This Code, together with future amendments thereof, shall be known and may be cited as the "City of Owasso Sign Code". 17.1. PURPOSE, 17.12 17.13 17.14 17.15 17.16 17.17 17.1 1 2 17,3 17.4- 17.5 17.6 17.7 17.8 17.9 17.10 17,11 2 17.3.12 Sign, Bulletin. A sign or board constructed in connection with a 17.3.11 Sign. A sign includes any device that displays or includes any letter, work, model, banner, flag, pennant, insignia, propeller balloon, device or representation used as, or that is in the nature 0 f an advertisement or announcement or that directs attention to an object, product, place, activity, person, institution, organization, or business; but the term shall not include display of official notice. 17.3.10 Professional Name~ A sign that states the name and occupation or profession of the person occupying the premises where the sign is located. 17,3.9 Noncombustible Material, Any material that will not ignite at or below a temperature of one thousand two hundred (1200) degrees Fahrenheit and will not continue to burn or glow at that temperature. 1 roof..like structure of a permanent nature that projects from the wall of a building and may overhang a public way. Changeable lettering may be a part thereof. 1 The lot frontage on which the sign is located, 17.3.6 Establishment A place of business that has a separate identity, separate entrances, and separate records and books of its business transactions. business when placed upon work under construction.. 17.3.5 Contractor Sign. Signs that denote the architect, engineer, contractor, lending institution or other related 17.3.4 Canopy. A roof-like structure of a permanent nature that projects over a public way. 17.3.3 Awnings. Any stmcture made of cloth or metal with a metal frame attached to a building and projecting over public property when so constmcted to permit its being lowered to a position over public property and to permit its being raised to a position flat against building when not in use. 17.3.2 Area Marker. A sign that designates or identifies a subdivision or development. 1 Advertising Face..:. Each side of a sign that is designed, constructed, located and positioned for the purpose of displaying off-premises advertising material. Definitions of terms as used in this Code, unless the context otherwise requires, shall be as follows: awning, wall or similar ornamental or structural feature that blends with the sign in such a manner as to appear to be the background of the sign, and including all of the elements of the matter displayed, regardless of the angle at which such sign is placed in relationship to the building frontage; provided, however, that the area of a wall sign shall be computed to include only the area in which characters, illustrations, insignia or logos are depicted, , -) 17.3.26 "Vall. The exterior surface of a 17.3.25 Sign, "Vall. A sign painted, attached to, or constnLcted against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall. 17.3.24 Sign, Temporarv. A sign that is not intended to be used or installed permanently and/or that the Community Development Director or his/her designee deems to not be constnLcted or erected in a manner consistent with the stated purpose of this Code. 17.3.23 Sign, Structure, The supports, uprights, bracing and framework for a sign or outdoor display. Sign, Sni~ A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar obj ect, whether in the public right-of-way or not. 1 ~llLJ3.oof~ sign constructed upon or above a roof or parapet of a building whether extending beyond the highest point of the building or not. ~., Political. A sign that makes known the name or infonnation about a person mnning for an 0 nIce or any other information concerning a political campaign or election of any nature. 1 a Sign, whether illuminated or unilluminated, that does not remain stationary at all times regardless of power source that affects movement. 1 1 17.3.19 Sign, Moving. Any sign, or part of 17.3.18 Sign, Illuminated. Any sign designed to give forth any arti ficial light, or designed to reflect such light deriving from any source that is intended to cause such light or reflection. 17.3.17 Sign, Ground / Surface Mounted. A sign that is mounted flush with the ground or is suppolied by one or more poles, uprights, or braces in the ground and that is not a part 0 f a building. 17.3.16llign, Ground / Pole Mounted. A sign that is supported by one or more poles, uprights or braces in the ground and that is not a part of a building. 15 ~~Flashing. Any sign that incorporates in any manner apparent movement achieved by electrical pulsation, contains intennittent lighting or by other means such as sequential light phasing. 1 17.3.14 Sign, Directional. A sign providing directions to the general public to a specific site or address in the City. 1 3 A sign that directs attention to a business or profession conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is attached. non-profit, community or neighborhood center, public building, church building or educational institution on its premises for announcement purposes, .:I 17 .5. 7 Political Signs. Political signs, not exceeding sixteen (16) square feet in area, which makes known 17.5.6 Legal Notices. Legal notices, identification, informational or directional signs constructed by government agencies or in compliance with their regulations. }Hstorical Markers, Non- illuminated, non-reflective memorial signs or signs bearing the name of the building and date of erection, provided that said signs do not exceed twelve (12) square feet in area and are either carved into, embossed on or permanently embedded in masonry, bronze or other non- combustible materials, in such a way that they are an architectural detail of a building. Flag~ Flags and insignias of any government agency that do not exceed thirty-five (35) feet in height. n..5.j (1) non- illuminated, non-activated nameplate or occupational sign not exceeding two (2) square feet in area and attached flat against a building, providing only the name, address and occupation of the building tenant or owner. 17.5,2 Open House Signs. One (1) directional or open house sign not exceeding two (2) square feet in area located on the private property of the premises upon which the sale is located. 17,5.1 Real Estate Signs. One (1) real estate sign not exceeding eight (8) square feet in area for residentially zoned areas or thirty-two (32) square feet for commercial or industrial zoned areas which is "double-faced" and advertises only the sale, rental or lease of the premises upon which such signs are located. A permit shall not be required for the following types of signs, provided that said signs shall be subject to all other provisions of this Code. 17.5. SIGNS NOT REQUIRING PERt,nTS, 17.4. RESERVED, The term "work of art" shall apply to all mural paintings or decorations, inscnptlons, mosaic, painted and similar art forms a permanent character intended for permanent or commemoration that are applied to, constructed or placed upon the exterior walls of any building. For the purpose of this ordinance, "work(s) of art", whether singular or in aggregate, shall be deemed to exist when its size exceeds sixteen (16) square feet. For the purpose of this ordinance, a "work of art" which in any way relates to the business conducted therein shall be considered as a wall sign. building or structure. For purposes of this Code, other than size limitations, wall shall be detennined to include mansard-type or sloped roof structures. 5 (d) No sign shall be constructed in a manner that interferes with any surface or underground utility stmcture. (c) No sign shall be permitted within any easement whether the City retains access rights or not. (b) No sign shall be constructed so as to obstruct any fire escape, required exit, window, or door opening intended as a means of ingress or egress, nor shall any sign be placed in such a manner as to interfere with any opening required for ventilation. No sign shall be permitted to extend into, above or be placed in or on any portion of a public street, avenue or alley, nor shall any sign be painted, pasted, posted, printed or nailed to or on any curb, sidewalk, tree, light standard, utility pole, hydrant or bridge, or in any manner displayed within the public property or public right-of-way lines of any street, avenue or alley except legal notices, identification, informational or directional signs erected by a government agency and in compliance with their regulations. 17,6,1 Location The following signs classified by location, type and content are prohibited. Any other sign that the City Council deems of a public or communitv _ J wide interest. signs not exceeding twenty-four (24) square feet in area and placed within the area to be constructed. 17,5,11 CI:m.j:ractor Signs. Contractor 17,5.10 Awning or Canopv Lettering. Vinyl or plastic lettering affixed to any awning or canopy, and conforming to the provisions of the section related to awnings/canopy type signs. 17.5.9 Service Station Regulatory Signs, Signs and required regulatory information that are an integral part of, and not simply attached to gasoline pumps or other similar dispensing or servicing devices. Garage Sale Sig!h A maximum of two (2) signs not to exceed four ( 4) square feet each shall be permitted to advertise a garage sale. Any such sign shall not be placed in the public right-of-way, shall not be placed or located farther than the nearest major arterial roadway from the site of the sale and shall be removed immediately at the conclusion of the garage sale. the name of and information concerning a political campaign of any nature, provided that such signs shall not be placed or erected sooner than six (6) weeks before the general election and are to be removed no later than one 0) day following general election, that no political shall placed or on the public right~.of-way, that no political sign shall be placed or erected in or on any private property without the express permission of the owner or occupant of such property. 6 (h) Corporate or Commercial Flags. No corporate or commercial flags shall be permitted in any zoning district that exceed thirty-five (35) feet in height and/or fifteen (15) square feet in area to include those corporate or commercial flags containing logos. Additionally, corporate or commercial flags shall be limited to one (1) flag per business entity. (g) Placards, Leaflets, Handbills. No placards, leaflets, handbills or similar signs shall be placed on the exterior wall or window of any building, attached to utility poles, or public property in any district. (1) Nuisance. No sign shall be permitted that emits audible sound, vapor, smoke, odor particles or gaseous matter. (e) No moving signs shall be permitted in any district except for pennants used in connection with real estate "Open House" and maintained for less than forty-eight (48) hours. No flashing signs shall be permitted in any district except those signs displaying flashing or intermittent lights, or lights of changing degrees of intensity of color except signs indicating time, temperature, barometric pressure, air pollution index or THI, but only when the sign does not constitute a public safety or traffic hazard in the judgment of the Community Development Director or his/her designee. unlawful for any person to maintain any sign or work of art that extends over public property that is wholly or partially illuminated by floodlights or spotlights. (d) Spotli2ht and Floodlights. It shall be (c) Gooseneck Reflectors. Gooseneck reflectors and lights shall be permitted only on ground signs, roof signs, wall signs, and works of art, provided the reflectors shall be equipped with proper glass lenses concentrating the illumination upon the area of the sign or work of art so as to prevent glare upon the street or adjacent property. fgrtable, Snipe, Mobile, or Vehicular Signs. No portable, mobile, vehicular or snipe signs shall be permitted within the City, and no motorized vehicle or trailer shall be parked upon public or private property within the City for the obvious purpose of advertising; provided that commercial vehicles may be identified only by business name, type of business, business address, business telephone number, and contractor's state / county / city license number when required. (a) Any sign not specifically permitted within a zoning district, to include temporary signs, shall be prohibited within such zoning district. No sign shall be constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes the potential impediment to rescue personnel in the event an emergency or which constitutes a public nuisance, shall not or artificial underground Furthermore, placement interfere with natural drainage or surface or water. 7 RESERVED. 17,7. (b) Traffic Safet~ No sign shall be erected or constructed in any district within the City that states, "stop", "go", "slow", "danger" or any other similar term which could reasonable be . confused with traffic signs. Furthermore, no sign shall be erected or constructed in any district which would by its color or nature, tend to be confused with or obstruct sight of traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person. No person shall display upon any sign or other advertising structure an obscene, indecent or immoral matter. (m) Balloons and Inflatable Signs. It shall be unlawful for any person to construct, erect or maintain any balloon, inflatable device or image for the purpose of advertising or directing attention to the location from which the device is attached. (I) Service Station Signs. It shall be unlawful for any person to attach or maintain any sign on gasoline pumps or any other dispensing or servicing equipment, which do not contain required regulatory information. (k) Roof Signs. It shall be unlawfhl for any person to construct or maintain any roof sign in any zoning district in the City. (j) Advertising Signs (off-premises), It shall be unlawful for any person to construct any off-premises advertising sign in any zoning distlict in the City. (i) "'lork of Art. No work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of Owasso without first being submitted to and approved by the Planning Commission. The request to allow a work of art shall be accompanied by plans and ifications which describe the proposed work of art, location, appearance, color, texture, general design, use material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings. The City Council may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the highest character of community development and would not be detrimental to the stability of value and the welfare of surrounding properiy, structures, and residents, and to the general welfare and happiness of the community. 8 (f) Matrix #6 - Signs permitted in IH (Industrial Heavy) zoning districts. (e) l\IIatrix #5 - Signs permitted in CG (Commercial General), CH (Commercial High Intensity) and 1M (Industrial Moderate) zoning districts. (d) l\IIatrL"X #4 - Signs permitted in CS (Commercial Shopping) and IL (Industrial Light and Research and Development) zoning districts. #1 - Signs permitted in OL Low Intensity) and OM Medium Intensity) zoning (c) l\IIatrL"X (Office (Office districts. (b) l\IlatrL"X #2 -. Signs permitted in (Residential Duplex), RTH (Residential Multi-Family Townhouse), RM -1 (Residential Multi-Family Low Density), RM-2 (Residential Multi-Family Medium Density) and RMH (Residential Mobile Home Park) zoning districts. (a) I\1atrix11 Signs permitted m (Agricultural), (Residential Estate), 1 (Residential Single Family Low (Residential Single Family Medium Density) and (Residential Single Family High Density) zoning districts. The following matrices with qualifying conditions are included below: 17,g,1IVlatrices. Signs permitted under the provisions of this Code are itemized on matrices according to zoning districts. The matrices indicate whether the sign is "permitted conditionally", or "not permitted" in each zoning district Each matrix also includes signifIcant characteristics or attributes sign by type is further cross- by a of conditions. Signs not listed in a particular are expressly prohibited unless allowed under the provisions of Section 17.5, of this Code. The matrices do not intend, however, to preclude any other section of this Code. PERi\JITTED SIGNS, 17,8, Setback Setback 'I Type Condition Not Perm :vrax Area from Front Max it Max /I of Maximum from Side Setback Property Signs Days HeIght or Rear from Line Property ROW ~~~.~~w_, Line Area A,D,] 100 .._-~~,.~._~ Marker 1 25 Awnings X ---- "~.._~_~n m~_<_~_ Banner HH,Il 1 --~ ------ -- - -- ~-- -~-- Bulletin B,C,D 12 10 1 - -- -+ 8 Bus iness X Canopy - -- X Contractor D.l,FF 1---- 16 -- .~~-~ 1------ I J.---- . . -- -~~~~- f----. -- ------- ---.- Flashing X -- Ground i .. X Pole Ground i -- -- X .- --- Surface Marquee X -- f--.... Moving D,BB 1 2 Political D.K 16 Projecting X Real C,D,H,FF 8 1 Es tate .GG -+ Wall B,C, E 12 1 SIGN i\tIA TRIX # 1 AG, RE, RS-l, RS-2, RS-3 10 Setback S etbac k Type Cond Not Perm Area Front Max, II of Max II Maximum from Side Property Signs Days Height o r Rear from Line pr~;:;ty ROW Area A.D.J 100 ]\&arker 1 25 Awnings --~<-~- X --_.,-~~- Banner ~ ~ HH.l! ! Bulletin B. C, D -- - - -----~ I----,~- -- 12 10 1 -,- 4 8 Business X ,-,-- -- ~------ Canopy X - -- 1----,-- Conrractor D,!,FF -- -- -- ~.- 16 ! Flashing X ,,- ~---- ~~~ , -- ---~~~- - ,,--- Ground / X ----, I Pole Ground / -~-~- ,,--- J...--.- ~~-~~ --~,- X -- I--~--- -,-- Surface Marquee X I Moving BB I 1 2 I Political D.K 16 l Projecting X -- Rea! C.D,l-l,FF 8 1 Estate ,GG 4 I Wall c'L,M 12 1 SIGN IVIATRIX # 2 RD, RTH, &'''1 - 1, Rv{ ~ 2, RvIH 11 r I I Setback Setback Type Cond Not Penn Max Area 1'1'0111 Front Max /I of Max ,t of Maximum from Side Property Signs Days Height or Rear from Line Property ROW Ar= A,D,J 100 Line Marker 1 25 AWKlting S,T Banner j:jf1,1l -'--'~"~'~ -,----~~~~~- ~. 1 .._----~ -' Bullexin B,C,D -- ~-~- -- -~-~~ i 12 10 1 . 4 8 Ilusiness F,G 2 1 : Canopy S,Z , Cuntroctor D,1,FF 16 . -- -.--- 1 --~ -.--- .I --- -'. Flashing X '-- _. GrolL'll.! ! C,D,G,N, ..- ----.- -- I 30 --.-- ~_.~-_.~ Pole O,P.S,W, ! EE. FF I Ground! C,D,G,N, -' . 1 Surf4ltCe O,P.W,D 4 , ; I ~lount D.EE Marquee S,T.Z,AA 1 Moving BB 1 2 !'oli tical D,K 16 Projecting X .,. Real C,D.GG, 32 1 Estate FF 8 I WaLl C.G,M. 1 Q.R II SIGN lVIATRlX # 3 OL, OIVI 12 =""'- --. ~ Setback Sdback 1 Type Conditions Not Perm Max Area from Front Max Max ,1 of from Side Setback Property Signs Days or Rear from Line Property ROW Area A,D,J 100 Line Marker 1 - 25 Awnings S, T II--------~- 1 Banner HHJI 1 1------- 1---- --- --,~~~ Bulletin B,C,D 12 10 ----~~-- --- --- I 4 8 1---, --P:G -- f---- f------- Business 1--, 2 1 I 1 Canopy S.Z - -, I -- Contractor I.D,FF , -- --- -- 16 1 Flashing , - -- --~- D,CC , Ground / -- ----- i C,D,G,N, --}-- r 1 Pole O,PS,V,E 30 , E.FF Ground / C,D.G,N, - - -- -- Surface O,P.V,DD 1 4 Moum ,EE - Marquee S,T.Z.AA 1 -- f--- Moving BB 1 2 Political D,K 16 ! Projecting X Real C,D.GG, 32 I 1 I Estate FF 8 Wall C,G,IvI, 1 Q.R SIGN :MATRlX # 4 CS and IL 13 Setback Setbac k Typ., Cond Not Perm Max Area from From Max if of Max tI of :VI ax frol11 Rear Setback , Property Signs Days l-kight or Side l'nltTl Line Property ROW i Line Area A,D,] tOO Marker 1 , 25 A wrongs S,T if--- , ._>~~~-- -~~ 13amrer HE,ll "-~~ 1 Bulletin B,C,D -.---- ----- ~~~- ~~--- 12 10 1 4 8 Business F,G ~ - 2 1 -- ---- i Canopy S,Z -- -- i Contractor D,~~ ---'~ ~-- !--~----- --- -- 16 1 -- Flashing D,CC " -- -- Ground I "r'f)' n N -.-- --'-'--'- f----- -.-.- -.-, 1 _._----- 1------- --- , Pole O,P,V, 30 i S.EE,FF Ground I C,D,G,O, _. 1 Surface P.V.DD,E 4 Mount E Marquee S,I,Z.Ai\. 1 - Moving BB 1 2 I Political D,K 16 ! Projecting X Real C,D.GG. 32 1 Estate FF 8 Wall C,G,M,Q. 1 R.U SIGN I\-IATRIX # 5 CG, CH, 1M 1-1. ~ Setback Setback Type Cond Not Perm Max Area from Front Max 11 of Max It of I\1ax from SiLle Setback Property Signs Days Height or Rear from Line Property ROW Area A.D.1 [00 Lim~ Marker 1 25 ,,~ ' I~~~_ngs '" S,T - ,-----_.~.~, ,~- <<._-~-,., Banner HH.II 1 Bulletin ,,- ---~-~-- C,D 12 10 1 '~,- -~, 4 8 Business - F,G 2 1 Canopy S,Z .-- ,-, -- 16-- -- Contractor D, UF - 1 Flashing D,CC --.- - Ground! C.D,G,N. ",- J-.--~-- 1 j-.--~-- 1--- Pole O,P,S,V, 30 DD,EE, - FF Ground I C,D,G,O, 1 "' Surface P,V,DD.E 4 Mount E Marquee S,T.Z,AA 1 Moving BB 1 2 Political D,K 16 Projecting X,Y,D 3 1 Real C,D,GG, 32 1 Estate FF 8 Wall C,G,M, 1 Q.R SIGN l\iIA TRlX # 6 IH o. Shopping centers that are located on a tract or lot bound by two (2) or more public streets are allowed one (1) additional ground sign, pole or surface mounted with a maximum square footage of fifty (50) feet at a secondary entrance facing a different public street than No Such signs shall be limited to thirty (30) feet in height and one hundred (100) square feet in area. If the lot or tract has a front footage in excess of one hundred (100) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first one hundred (100) feet of said tract or lot up to a maximum of one hundred fifty (150) square feet. Such signs shall be attached to a wall that fronts or faces upon a street right-of-way. Such signs shall sign shall not exceed ten (l0) percent of the wall to which it is attached or ninety (90) square feet, whichever is less. Such signs shall not oe erecreCl or placed sooner than (6) before the applicable election or campaign and shall be removed no later than one (1) day after the general election. J. Such signs shall be removed within ninety (90) days after the sale of the last lot in the subdivision or three (3) years from the date of initial construction, whichever comes first. I. Such signs shall be removed from the site within thirty (30) days after construction is complete. H, Such signs shall be double-faced, advertising only "for sale", "for rent" or "for lease" of the premises upon which the sign is located. G. Such signs shall only include the professional or occupational nameplate to include only the name and / or address and occupation of the occupant. F. Such signs shall be unilluminated. Eo Such signs shall not project higher than ten (10) feet above ground level when affixed to a building. Such signs shall not be constructed or located that it will obstruct the view of traffic or within the public right-of-way. If illuminated, illumination shall be constant, indirect lighting directed away from any adjoining residential use. B, Such shall be permitted only with. a non-profit, community or neighborhood public building, church building or educational institution. Such signs are subject to approval by the Planning Commission. 17.8.2 ~ Matrices Conditions ~ All Zoning Distric~. 16 x. Projecting signs shall be permitted beneath a canopy or marquee and erected over a public sidewalk and shall be hung at a right angle from the building. '\tV. Such signs shall be limited to sixty (60) square feet in area, If the lot or tract has a front footage in excess of one hundred (l00) feet, additional area may be allowed on each side of the sign equal to thirty (30) percent of the front footage in excess of the first ninety (90) feet of said tract or lot up to a maximum of one hundred (150) square feet. v. If more than one (1) establishment is located on a tract or lot, one (1) ground sign, pole or surface mounted, may be installed to display names of stores, occupations or businesses located on the tract or lot. The size of the sign shall not exceed one hundred (l00) square feet in area. u. All establishments mav construct J one (1) wall sign as permitted in their respective zoning districts on building walls which do not face or front an adjoining and abutting public right-of-way, when there exists under the same ownership a parking lot or other space of at least fifty (50) linear feet between the wall and the nearest building, but in no case shall a sign be constructed on more than two (2) walls of a building. two (2) feet inside the cUI.bline, T. Such structures shall not be permitted to extend beyond a point S, All such structures shall be constructed and erected so that the lowest portion thereof shall not be less than eight (8) feet above the level of the public sidewalk and fifteen (15) feet above a drive or alley. Such signs shall be limited to ten (10) percent of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. For each one hundred (100) foot increment the structure is set back from the public right-of-way, the maximum area may be increased by fifty (50) percent, provided that no sign shall exceed four hundred fifty ( 450) square feet. are permitted on any wall that faces or fronts onto a public right-of-way, except that no wall sign shall be permitted upon any wall other than the front wall which faces or fronts onto a public right-of-way when such public right-of-way is bounded on the opposite side by properly zoned single- family dwellings. p, If illuminated, such signs in direct view of traffic signals shall not be red. green or amber in color, and shall be illuminated only during business hours or until eleven 0' clock (11:00 pm) whichever is the original ground sign. 17 H. If said banner is in connection with a commercial or for profit institution, said banners shall adhere to the following 2. Said banners must be permitted by the City Planner and must contain a site plan indicating the location(s) of said banners. 1. Such banners shall be limited to a period not exceeding thirty (30) days. HH, If said banner is in connection with a non-profit, community or neighborhood center, public, church or educational institution, said banners shall adhere to the following restrictions: Such signs are limited to eight (8) square feet in agricultural and residentially zoned districts and thirty-two (32) square feet in all other zoning districts. Structural components of such signs, including the pole(s) or structure(s) to which said sign is attached, may not exceed twenty- five (25) percent of the width of the sign cabinet. No portion such signs shall extend beyond the property line. distance of fifty (50) feet each way from the intersection of the curb lines on any corner lot or shall be permitted to exceed a height of more than thirty-six (36) inches above the road level of any street, avenue or alley. DD, No such sign shall be located on me triangle formed by two (2) ~urblines at the intersection of two (2) streets and extending for a CC, Such signs are permitted only when displaying flashing or intermittent tights, or lights of changing degrees of intensity of color and when such signs do not constitute a traft1c hazard. BB. Such signs shall be unilluminated and permitted for a period of forty- eight (48) hours in connection with a real estate "open house" . AA, No marquee shall display any advertising matter, except those goods and services offered for sale upon the premises or public service messages of a community wide interest. 2. Such structures, when erected must be so drained as not to discharge water upon the sidewalk or upon streets except by a closed drain. L Such structures must be suspended from the building and not resting upon the sidewalk. must comply y, A sign erected beneath a canopy or marquee shall not extend beyond a point within two (2) feet of the front edge of the canopy or marquee and shall maintain a minimum clearance of eight (8) between the bottom of the sign the public sidewalk. 18 (5) Unified Sign Plans may not include any sign that is prohibited in Section 17.6. (4) Unified Sign Plans may not propose a total sign square footage exceeding three (3) square feet of signage per everyone (1) linear foot of street frontage of the subject property. (3) Unified Sign Plans shall include all signage to be located within the perimeters of the subject site whether in excess of the provisions of the current sign code or not. (2) All unified sign plans shall be reviewed by the City of Owasso Planning Commission and shall conform to all conditions imposed by said Commission prior to the issuance of a sign permit. All unified sign plans shall include the location, size, height, construction material, color, type of illumination and orientation of all proposed signs. All unified sign plans are subject to the following restrictions: and lettering styles that are an integral part of the franchise image and identity. The consideration shall not be without restriction and shall be within the boundaries of sound zoning practice and planning and in harmony with the general purpose and intent 0 f the unified signage plan, National or international franchises shall be given reasonable consideration with respect to company standard logos A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location and design of signage on property being developed as a unit. The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of this Code. The intent of the USP section is to provide for some flexibility in the sign criteria of this Code that promotes superior design through architectural integration of the site, buildings and signs. 17,4;), UNIFIED SIGN PLAN 5. Said banners must be attached to the primary building and not free standing, when applicable 4. Said banners shall be limited to one (1) banner per location. 3. requested time period for the banner must be, in the opinion of the City Planner, relative to the need. 2. banners must accompany a permanent pole or wall SIgn. 1. Said banners must be permitted by the City Planner and must contain a site plan indicating the location of said banner. restrictions: 19 (2) That if the banners or (1) That the applicant for said banners or holiday decorations be in connection with a non-profit, community or neighborhood center, public building, church building or educational institution and shall contain no advertising. (b) All canopIes, ropes, networks, banners, holiday decorations, posts, radio aeIials, placed in or projecting over or across any street, avenue, alley or sidewalk, shall be deemed nuisances unless constructed and maintained under the conditions of this Code. Permission may be granted by the Board of Adjustment to maintain a banner or holiday decoration across a street for a limited period of time upon the following terms and conditions: (a) All rights and privileges acquired under the provisions of this section, or any amendment thereto, are mere licenses revocable by the Community Development Director or his/her designee for violation of the provisions of this Code. Development Director or his/her designee may, from time to time as he/she deems necessary, inspect all signs or other advertising structures regulated by this Code, for the purpose of ascertaining whether it is secure or whether it is in need removal or repair. (d) After a sign has been constructed, the applicant shall notify the Community Development Director or his/her designee, who shall inspect such sign and approve the same if it is in compliance with the provisions of this Code. The Community (c) If the work authorized under a sign permit has not been completed within ninety (90) days after the date of issuance said permit shall become null and void and there shall be no refund of any fee required by this Code. (b) It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit. (a) No person shall construct, structurally alter, rebuild, enlarge, extend, relocate, attach to or support by a building or structure any sign unless a permit for such sign has been issued by the City of Owasso, or unless such sign is specifically exempted from permit requirements as outlined in Section 17.4. 1 Except where otherwise provided in Section 17.4, but including all other provisions, the administrati ve provisions herein described shall govern all located within the of ADMI~lSTR;\ TIVE PROVISIONS, 17,10, 20 (a) A wnings. A wnings may be constructed of cloth or metal. All frames and supports shall be constructed of metal. Materials. 17.11.1 Provisions related to construction requirements shall be as follows: 17.11. CONSTRUCTION, INSPECTION AND l\tIAINTEN ANCE ST ANDARDS. within the corporate limits of the City without complying with the provisions of this Code. There shall be an initial license fee of fifty dollars ($50.00) for each such person, firm or corporation engaged in the business of sign hanging and the erection of signs. There shall also be a yearly license renewal fee of fifty dollars ($50.00). All persons engaged in business of sign hanging and the erection of signs must obtain such a license except those who are employed by contractors carrying a license. There shall be a separate license for each place of business in the City conducted by any person, firm or corporation. Nothing in this Code shall prevent any person, firm or corporation from hanging or erecting any sign or signs to be sued in advertising the business or merchandise offered for sale of such a person, firm or corporation, but strict compliance with the provisions of this Code must be made at all times in the hanging and maintenance of such signs. (a) No person, firm or corporation shall engage in the business of sign hanging or the erection of signs 17.10.3 License Required. (c) When any such condition exists as is referred to in (b) above, the City Council may declare such a nuisance and order its removal and abatement. The Community Development Director or his/her designee shall give the owner or occupant of the grounds fronting thereon, or the person causing a nuisance mentioned in (b) above, a written notice that such a nuisance must be removed within ten (10) days. If such nuisance is not removed or abated within ten (10) days, the Community Development Director or his/her designee shall cause the same to be removed and abated, and shall report the cost thereof to the City Clerk. The cost of removal or abatement shall be charged against the lot or parcel of ground fronting on such nuisance or the expense may be collected from the person causing such nuisance. (3) That said application be granted after the filing of a bond or insurance in a amount to protect public and hold the City harmless from all claims and damages of any kind. decorations were affixed to private property, it be done so only after the written consent of the property owner is obtained. 21 Marquees shall be (d) IVlarquees. (c) Ground Sign / Surface Mounted. All letters, figures, characters, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/surface mounted shall be safely and securely built or attached to the sign structure. All ground signs/surface mounted shall be securely built, constructed and erected upon foundations, posts, standards, or supports designed to adequately support the sign. In no case shall this Code be construed to allow" A- frame" signs. letters, figures, character, or representation in cut out or irregular form, maintained in conjunction with, attached to or superimposed upon any ground sign/pole mounted shall be safely and securely built or attached to the sign structure. This does not exclude the use of standardized, changeable lettering securely mounted on sign forms. All ground signs/pole mounted shall be securely built, constructed and erected upon foundations, posts, standards or supports designed to adequately support the sign. In no case shall this Code be construed as to allow "A-frame" signs. (b) (a) Awnin~ Every awning shall be securely attached to and supported by the building. 17.11.2 Letters, Bracing, Anchorage and Supports. (f) "Van Signs. All wall signs shall have a surface or facing of noncombustible materials. Provided that combustible structural trim may be used thereon. However, the surface or facing and structural trim of a wall sign which is attached to a stone, brick, or masonry wall may be of exterior grade plywood having a thickness of not less than one half (1/2) inch. No plywood sign shall be illuminated or in any manner be operated or serviced by electricity. (e) ;lVIarquees. All marquees, including the anchors, bolts, supports, rods and braces thereof, shall be constructed of noncombustible materials and approved by the Building Inspector. (d) Ground Sign / Surface IVIounted, All ground signs/surface mounted, shall be constructed of materials approved by the Community Development Director or his/her designee. (c) Ground Sign / Pole Mou~ All ground signs/pole mounted, shall have a surface or facing of noncombustible materials, or material approved by the Community Development Director or his/her designee. Provided, that combustible structural trim may be used thereon. (b) Canopy. Canopies must be constructed of fireproof material. 22 (a) Any application requesting a permit to install a sign with internal or external lighting will be required to I TYPE COST Awning $15.00 Banner $15.00 Canopy $15.00 ; Permanent Signs (Wall Sign, Ground $20.00 Sign, etc,) Unified Sign Plan $750.00 All fees are exclusive of required electrical and building permit fees. Fees for all signs are included below: Director or his/her designee the following permit fee for each sign regulated under this Code. Furthermore, a permit shall not be issued until a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000) and a certificate of employer's liability and worker's compensation insurance in an amount that is in conformity with the statutory requirements of the laws of the State of Oklahoma has been filed with and approved by the City Clerk. A double permit fee shall be charged for failure to make application for a sign permit as required. 17.12.1 Permit Fees. Every applicant before being granted a permit hereunder shall pay to the Community Development PERJ.\UT FEES AND PENAL TIES. 17.11.1. (a) All Signs. All signs governed under this Code shall be designed and constructed according to the City building code. Other Rgguirements. 17.11.4 All affixed or attached to ground or surface and the premises surrounding the same shall be maintained by the owner or occupant thereof in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds. Furthermore, all signs or other advertising structures governed by this Code, upon inspection by the Community Development Director or his/her designee and upon a finding that a sign is damaged or in need of repair, the Community Development Director or his/her designee may order the repair or removal of said SIgn. 11 (e) All wall signs shall be safely and securely attached to the building walL supported solely by the building to \vhich they are attached, and no columns or posts shall be permitted as support therefor 0 I' ~;) (3) That the variance as granted represents the least deviation from (2) That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. (1) That the variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography, or location of the subject property. The City of Owasso Board of Adjustment may grant a variance to the requirements of this Code only if the applicant demonstrates compliance with the following criteria: 17. SIGN VARIANCES, 17, RESERVED, (3) Permanent, non~conforming signs that are damaged or partially destroyed by any means to the extent of more than fifty (50) percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this ordinance. Permanent, non--conforming signs may not be moved, altered or enlarged in any way without conforming to the provisions this passage of this Code. Temporary signs include, but are not limited to banners, portable, snipe and mobile signs. (1) Temporary signs shall be removed within ninety (90) days of the A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non-conforming. Said signs shall remain nonconforming and may continue subject to the following provlslOns: 17.13 NON-COl'4TORl'HNG SIGNS Any person, firm or corporation violating any to the provisions of this Code shall upon conviction thereof, be fined a sum not exceeding two hundred dollars ($200.00) or be imprisoned for a period not to exceed thirty (30) days or both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be the responsibility of the Community Development Director or his/her designee to enforce all provisions of this Code. (b) If a permit is requested for signs in different categories as outlined above, whether for one or more businesses, the full cost for the permit in category shall IS submitted, purchase an electric permit in addition to the above fee schedule. 24 17.17 RESERVED. If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 17.16. VALIDITY. (6) That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities, That the granting of the variance will not be detrimental to the public welfare, will not constitute a public nuisance or adversely affect public safety. That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign variance is sought. the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. 02-02-09 - Vicci Nance Realty- A request for approval of a rezoning application for approximately 5.00 acres +/- from RE (Residential Single Family Estate District) to CS (Commercial Shopping District). The subject property is located approximately 2400 feet north OZ-02-08 - Central Baptist Church - This request is for the approval a rezoning application for approximately 2.02 acres +/- from RM-1 (Residential Multi-Family Low Density District) to OL (Office Low Intensity District). The subject property is located at the southeast corner of the Birch St. and 2nd St. intersection. The proposed use of the site is for the local offices of the Cherokee Housing Authority. Staff will recommend approval of the request. Annexation Request - A request for the annexation of property containing approximately 49.99 acres +/-. The subject property is located on the east side of N. Mingo Rd. approximately 800 feet south of the E. 116th St. N. and N. Mingo Rd. intersection. The request was made in order to construct single family residential homes on the subject propeliy. Staff will recommend approval of the request. Annexation Request - This request is for the approval of the annexation of approximately 2.75 acres +/-. The subject property is located on the north side of E. 96th Street N. approximately 300 feet east of the E. 96tl1 Street N. and N. Garnett Road intersection. The request was made to potentially accommodate commercial uses on site. Staff will recommend approval ofthe request. Items heard at the December 9, 2002 Planning Commission meeting are as follows: The majority of the items will be fOlmally presented to the City Council at the December 17, 2002 Regular Meeting. However, fom items will not be presented at the December 17, 2002 meeting, but will be forwarded to the City Council at the January 7, 2002 meeting. Those items not presented at the December 17, 2002 meeting require additional legal notification in order for Council approval. The City of Owasso Planning Commission, in addition to the proposed sign code, will consider eight applications at the December 9, 2002 Regular Meeting. Staff is proposing to recommend approval on all eight items subject to the conditions listed in each item's respective staff report. A copy of each staff report is included with your packet. BACKGROUND: 3,2002 THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. Existing Sign Ordinance. 2. Proposed Sign Code. ATTACHMENTS: Upon approval by the Planning Commission, this item will likely be formally presented at the December 17, 2002 City Council meeting. Plat Amendment - The Pet Stop - request to amend the Ram Plaza Final Plat, eliminating the Limits of No Access for Lot 1, Block Ram Plaza Addition. The subject property is located approximately 500 feet west of the E. 86th PI. N. and N. 129th East Ave. intersection. Staff will recommend approval of the request. Easement Closure - The Pet Stop - A request to close the stOlIDwater detention easement located within Lot 1, Block 2, Ram Plaza Addition. The subject property is located 500 feet west of the E. 86th PI. N. and N. l29th East Ave. intersection. Staffwill recommend approval of the request. Preliminary Plat -- Brunswick _. request the review of a preliminary plat for New Brunswick containing approximately 10 acres +/-'. The preliminary plat contains residential lots on 3 blocks. The subject property is located at the northwest corner of the E. 96th St. N. and N. Mingo Rd. intersection. The proposed use of the property was approved through OPUD 02-- 03. Staffwill recommend approval ofthe request. Partial Easement Closure - Simmons Homes - This is a request to close the northern 2 feet of the southern 11 foot utility easement for Lot 43, Block 6, Sawgrass Park at Bailey Ranch. The subject property is located approximately 125 feet nOlih of the l03rd St. N. and 115th E. Ave. intersection, further described as 10305 N. 115th East The applicant is requesting this application to accommodate a single,.,family structure that cunently encroaches the easement. Staff will recommend approval of the request. of the E. 96th St. N. and N. 129th E. Ave. intersection. The proposed use of the site is for commercial shopping use and restaurants. Staff will recommend approval ofthe request. ANAL YSIS The applicant is requesting this annexation petition in order to accommodate commercial development on site. The subject property, totaling 2.75 acres +/- is currently zoned AG (Agricultural) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning, as mentioned above, is AG thereby leaving the applicant with no option but to accept an AG zoning classification. A potential rezoning request to allow for commercial uses would require notification to property owners within 300' of the property as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. SURROUNDING ZONING North: CG (Commercial General District) South: AG (Agricultural District) - Tulsa County East: AG (Agricultural District) - Tulsa County West: CG (Commercial General District) PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Vacant South: Vacant East: Residential - Single Family West: Vacant EXISTING LAND USE Residential ~. Single Family LOCATION See attached legal description. City of Owasso a request from Buddy applicant/owner, the annexation of approximately acres + / ~. The subject property is located on the north side of 96th N. approximately 300 feet east of the 96th N. and Garnett Rd. intersection. A general area map and a complete legal description have been attached for your information and review. E) ANNEXATION Section 17, T CITY OF OW ASSO COMMUNITY DEVELOPLVIENT DEPARTLVIENT A TT ACHMENTS 1. General Area Map. 2. Applicant's Annexation Petition. 3. City of Owasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by Buddy McCarty, to annex into the corporate limits of the City of Owasso approximately 2.75 acres + /-. OW ASSO ANNEXATION COl\lI1\HTTEE The Owasso Annexation Committee, at their November 27, 2002 Special Meeting, reviewed the petition and unanimously recommended approval. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their November 27, 2002 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. Staff published legal notice of the annexation petition in the November 14,2002 edition of the Owasso Reporter. Staff has received no phone calls or conespondence concerning the request. Staffwill publish two consecutive legal notifications in the Owasso Reporter prior to City Council review ofthe petition. A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract However, staff should point out that the policy is merely a guideline and should not be considered concrete. Staff recommends that this Commission exercise some flexibility in reviewing the applicant's request. Staff feels that it is in the best interest of the City of Owasso to have the City's development standards govern the development of this parcel rather than Tulsa County. If the annexation were approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City CounciL All development that potentially occurs on the subject property would be required to adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918,376,1543 Fax. 918.376,1 CITY OF OW ASSO GENERAL AREA MAP ANNEXATION REQUEST Buddy McCarty Section 17, T 1 N, R 14 E 0:1 / ( PROPERTY 0<'>'\ - lr'- 96TF AVE. SUBJECT t r-T ~ ~ '& .c- d ~~ I t/L -- --- / ~ J U r _JJ I I I_L I I_J)~ --+-~ A ~lta coun~ -~II 1I1 - I I I I , ANALYSIS The applicant is requesting this annexation petition in order to construct single family residential structures. The subject property, totaling 49.99 acres +/- is currently zoned AG (Agricultural) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (A G) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning, as mentioned above, is AG thereby leaving the applicant with no option but to accept an AG zoning classification. A potential rezoning request to allow for residential uses would require notification to property owners within 300' of the property as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. SURROUNDING ZONING North: CS (Commercial General District) South: RS-3 (Residential Single Family High Density District) East: AG (Agricultural District) West: AG (Agricultural District) PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Vacant South: Residential ~ Single Family East: Public - Owasso Sports-P1ex (Across railroad right-of-way) West: Residential - Single Family EXISTING LAND USE Vacant LOCATION See attached legal description. City of has a request from D Sokolosky, applicant, on behalf the Phyllis J. Sokolosky owner, the annexation of approximately acres The subject property is located on the east side of approximately 800 feet south of the 1 16th N. and Mingo intersection. A general area map and a complete legal description have been attached for your information and review. E) ANNEXATION (Phyllis Living Trust-o Section T CITY OF OW ASSO COIVIIVIUNITY DEVELOPIVIENT DEP ARTIVIENT RECOJ\lIMENDA TION Staff recommends approval of the request by the Phyllis J. Sokolosky Living Trust to annex into the corporate limits of the City of Owasso approximately 49.99 acres +/-. Staff contacted the Oklahoma State Department of Mines for clarification on the issue surrounding the Annexation Committee's condition of approval. Attached for your information and review is a copy of the letter submitted by Ms. Everette, Coal Permitting Officer for the Department of Mines. Staff feels that the information contained within the attached letter is sufficient for the Annexation Committee's purposes. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee, at their November 27, 2002 Special Meeting, reviewed the proposed annexation. At that meeting, the Annexation Committee recommended conditional approval subject to the following condition: 1. The applicant provides clarification as to whether or not the site is contaminated or requires environmental remediation prior to development. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their November 27, 2002 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval, Staff published legal notice ofthe annexation petition in the November 14,2002 edition of the Owasso Reporter. Staff has received one phone call in opposition to the request. Staff will publish two consecutive legal notifications in the Owasso RepOlier prior to City Council review of the petition. A copy of the Annexation Policy is attached for your information and review. subject property meets all of the requirements included within the policy. Staff feels that it is in the best interest of the of Owasso to have the City's development standards govern the development of this parcel rather than Tulsa County. If the annexation were approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City Council. All development that potentially occurs on the subject property would be required to adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City of Owasso Annexation Policy. 4.. City of Owasso Procedures for Annexation. S. Legal Notice. 6. Letter from the Oklahoma Department of Mines. Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax. 918.376,1 CITY OF OW ASSO GENERAL AREA MAP ANNEXATION REQUEST Phyllis J. Sokolosky Living Trust Section , l' 1 N, R 14 o~ o~ PROPERTY SUBJECT COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of public/institutional. The Church is under contract to sell the facility to the Cherokee Housing Authority, which would use the facility to house the organization's Owasso offices. Staff feels that the proposed use, given the nature of the Cherokee Housing ZONING REQUIREMENTS If the application is approved, the subject property would be zoned OL (Office Low Intensity District). According to the City of Owasso Zoning Code, an office falls within Use Unit 11 (Offices and Studios) and is permitted by right in the OL zoning district. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: RM-l (Residential Multi-Family Low Density District) East: RM-l (Residential Multi-Family Low Density District) West: CH (Commercial High Intensity District) PRESENT ZONING RM-l (Residential Multi-Family Low Density District) SURROUNDING LAND USE North: Residential - Single Family South: Residential - Single Family East: Public - Owasso Public Schools West: Public - City of Owasso City Hall EXISTING LAND USE Institutional - Church LOCATION The subject property is described as Lots 1, 2, 3, 4, 5, & 6, Block 9, Original Townsite of Owasso, Tulsa County, Oklahoma further described as 109 N. Birch St., Owasso, OK. The City Owasso has received a request from Craig, applicant, on behalf of Central Baptist Church, owner, for the review of a rezoning approximately 2,06 acres H-. The subject property is located at the southeast comer of the Birch and intersection. The applicant is proposing to rezone the subject property from RM ..1 (Residential Mu1ti.,Family Low Density District) to (Office Low Intensity District) in order to accommodate office and/or studio uses. OZ-02-08 (Central Baptist Clmrch) STAFF REPORT CITY OF OW ASSO COIVIIVIUNITY DEVELOPIVIENT DEP ARTIVIENT A TT ACHlVIENTS 1. General Area Map. 2. 02-02-08 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOlYJ.l\tIENDA TION Staff recommends approval of 02-02-08, rezoning Lots 1, 2, 3, 4, 5, & 6, Block 9, Original Townsite of Owasso from RM-l (Residential Multi-Family Low Density District) to OL (Office Low Intensity District). TECHNICAL ADVISORY COMMITTEE The rezoning was reviewed at the November 27,2002 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. If this Commission approves this application, this item will be forwarded to City Council. However, this case will largely depend upon public input. Staff has received several phone calls regarding the application that were of a questioning nature and not in opposition of the request. Staff does not anticipate public opposition to the request for OL zoning, and feels that sun.ounding property owners will likely be in favor of removing the RM-l zoning classification. Letters were mailed to surrounding property owners on November 7, 2002 and the legal advertisement was published on November 14,2002. The subject property was posted on November 7,2002. Copies of both the letters to property owners and the legal advertisements are attached for your information and review. Staff is supportive of the application for several reasons. First, the applicant is requesting the lowest intensity of zoning classification that meets the needs of the purchaser. Staff is supportive of the OL classification due to its limitation on higher intensity uses. Second, staff feels that the impact on the surrounding property owners would be reduced with an OL zoning classification. The current zoning of the property is RM-1, which would allow, among other uses, large-scale apartment complexes and duplexes. Staff feels that the OL zoning classification would prove to be more appropriate than RM-l based on the amount of traffic, both pedestrian and vehicular, the potential for audible pollution and the impact on the City's infrastructure. ANAL YSIS As previously stated, the applicant is requesting this rezoning in order to accommodate office uses for the Cherokee Housing Authority. Staff, along with the Fire Marshal and Building Inspectors, have completed a preliminary "walk-through" with the property owner and potential purchasers. The walk..through was in an effort to provide information related to occupancy of the building. Authority's business, could reasonably be considered public/institutional in nature, thereby being consistent with the Owasso 2010 Master Plan. , ~' I fE:j- - -- - -II I I I \ 1/ L. "I I II III II E-LrII:ffi ru a=3 ffim . - ~~ ~~r~~l -d r-~ ~~ ~_ =-~--t ~r II CITY OF OW ASSO GENERAL AREA MAP OZ-02-08 Central Baptist Church Section 30, TIN, R 14 E - Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax. 918.376.1597 ... ~ I=i=J / COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of high intensity commercial. Staff feels that the proposal is consistent with the Master Plan in that the applicant is proposing a conm1ercial zoning classification and use that are considered low intensity commercial and non-residential in nature. ZONING REQUIREMENTS If the application is approved, the subject property would be zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code, a restaurant, other than a drive-in, falls within Use Unit 12 (Eating Places Other Than Drive-Ins) and is permitted by right in the CS zoning district. SURROUNDING ZONlNG North: RE (Residential Estate District) South: OL (Office Low Intensity District) East: RE (Residential Estate District) West: RS-3 (Residential Single Family High Density District) PRESENT ZONING RE (Residential Single Family Estate District) SURROUNDING LAND USE North: Vacant South: Vacant East: Residential Single Family West: Vacant Vacant I...OCATION See attached legal description. of Owasso has a request from Nance, applicant, on behalf of owner, for the review of a rezoning for approximately 5.00 acres +/-. The subject is located approximately 2400 feet north of the 96th N. and 129tl1 intersection. The applicant is proposing to rezone the subject property from (Residential Single Family Estate District) to (Commercial Shopping District) in order to accommodate restaurant uses. OZ-02-09 (Vied Nance) ST AFF REPORT CITY OF OW ASSO COMMUNITY DEVELOPlVIENT DEPARTlVIENT A TT ACILvlENTS 1. General Area Map. 2. OZ-02-09 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOMlVIENDA TION Staff recommends approval of OZ-02-09, rezoning approximately 5.00 acres +/-, from RE (Residential Estate District) to CS (Commercial Shopping District). If this Commission approves the application, this item does require City Council approval. TECHNICAL ADVISORY COMMITTEE The rezoning was reviewed at the November 27, 2002 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for CS zoning, and feels that surrounding property owners will likely be in favor of having restaurants nearby thereby adding certain neighborhood services not currently in place. Letters were mailed to surrounding property owners on November 7,2002 and the legal advertisement was published on November 14, 2002. The subject property was posted on November 14, 2002. Copies of both the letters to property owners and the legal advertisements are attached for your information and reVIew. Staff finds that little, if any significant impact would occur on the surrounding property owners if this application were approved. The conclusion comes primarily from staff's commitment to reducing the impact on residential areas from commercial developments by requiring detention, screening and / or fencing and landscaping at the time of construction. Staff did have initial concerns regarding the fact that the applicant is requesting a "leap- frog" zoning classification. Typically, staff would be less supportive of an application that, much like this application, requests a zoning classification order along the same street frontage from south to north of (Commercial Shopping District) ~.. (Office Low Intensity District)-. (Commercial Shopping District). However, staff believes that this particular case, leap-fragging the zoning classification would help expedite the implementation process of the Master Plan by assisting the parcel to the south in transitioning to a commercial use. Additionally, staff finds that the transportation and utility infrastructure serving the subject tract are adequate for CS zoning. ANAL YSIS As previously stated, the applicant is requesting this rezoning in order to accommodate commercial shopping uses, primarily restaurants. Staff feels that restaurants are an appropriate use given commercial development to the south and the similar, associated uses in nearby development and in the Owasso Market. Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax, 18,376.1 CITY OF OW ASSO ENERAL AREA MAP OZ-02-09 VICCI NANCE 1 , TIN, 14 0<5'\ 96TH E. AVE. t:Ll > - #1t~i City of Ow0..3S0 --" ANAL YSIS The applicant is requesting to close the northern 2' feet of the southern 11' foot utility easement located on Lot 43, Block 6, Sawgrass Park at Bailey Ranch. Staff was informed by the applicant that the encroachment was made primarily out of confusion between easement locations and setback requirements. The applicant set the foundation to meet the PUD/RS-3 setback requirements and not the platted easement location. SURROUNDING ZONING North: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) South: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) East: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) West: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) PRESENT ZONING PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) SURROUNDING LAND USE; North: Vacant South: Residential Single Family East: Vacant West: Vacant EXISTING LAND USE Residential ~ Single Family LOCATION The subject property is located approximately 125 feet north of the 103rd St. N. and 115th E. Ave. intersection, further described as 10305 N. 115th E. Ave. City of has a request from Brian applicant, on behalf of Simmons Homes, owner, for the closing of the northern 2' feet of the southern 11' foot utility easement for 43, Block Sawgrass Park at Ranch. subject property is located approximately feet north of the l03rd N. and 115th intersection. A site plan and a general area map are included with your packet. PARTIAL EASEMENT CLOSURE (Simmons Homes) ST AFF REPORT CITY OF OW ASSO COl\tIMUNITY DEVELOPl\tIENT DEPARTl\tIENT ATTACHMENTS 1. General Area Map. 2. Easement Closure Application. 3. Sawgrass Park at Bailey Ranch Final Plat. RECOI\1l\llENDA TION Staff recommends conditional approval of the request to close the northern l' foot of the southern 11' foot utility easement of Lot 43, Block 6, Saw grass Park at Bailey Ranch, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant provides an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Ow as so City Council must approve the easement closure. The applicant provides an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. 4. Oklahoma Natural Gas Company wanted to clarify that the easement closure did not include the perimeter easements on the west and the east of the property. If approved by the Planning Commission, this item does require City Council Action. Staff finds little, if no reason to not approve the applicant's request, contingent upon aI' foot approval and not the the applicant requested. Without Planning Commission and ultimately, approval, the applicant would to l' foot off the entire southern portion of the structure. Staff is unaware of any within the where this has occurred. The structure actually encroaches the easement by l' foot, not the 2' feet requested in the easement closure application. Staff does not oppose closing the northern l' foot of the easement primarily because the application, if approved, would still meet the PUD/RS-3 zoning district setback requirements. If the application were approved as originally submitted, (taken into consideration a 2' foot closure), the applicant would also be required to receive approval from the City of Owasso Board of Adjustment. I I"--- IFf' ~ " i i I I----- Q iii r- . r--I ~ NOT TO SCALE r- 1----. 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Main Partial Easement Closure (Simmons Homes) Owasso, OK 74055 Lot 43, Block 6 Ph. 918,376.1543 Sawgrass Park at Bailey Ranch Fax. 918.376.1597 CONSISTENCY WITH OPUD 02-03 (NEW BRUNSWICK) OPUD 02-03, a planned unit development application, was unanimously approved by City Council on November 5,2002. Planned Unit Developments are approved with the stipulation that an Outline Development Plan, which guides the layout of proposed subdivision, is submitted at the time of the PUD application. After careful review of the preliminary plat application, staff finds that the preliminary plat is consistent with the approved OPUD 02-03 Outline Development Plan and the City of Owasso Zoning Code, SURROUNDING ZONING North: RMH (Residential Mobile Home Park District) South: IL (Light Industrial District) East: CS (Commercial Shopping District) across 97th East Ave. West: AG (Agricultural) PRESENT ZONING PUD/RS-3 (Planned Unit Development/Residential Single Family High Density District) SURROUNDING LAND USE North: Residential - Mobile Home South: Vacant East: Vacant West: Residential - Single Family EXISTING LA~D USE Vacant LOCATION The subject property is described as the S/2 of the E/2 of the SE 1,4 of the SE Y<! of Section 13, T 21 N, R 13 E, further described as the northwest corner of the 96th Street N. and 97th East Ave. intersection. The City of has received a request from Owasso Land Trust, applicant/owner, for the of a preliminary plat for the New Bnmswick Addition. The New Brunswick Addition is located at the northwest corner of the 96th Street N. and 97th The preliminary plat contains residential lots and 3 blocks on approximately 10 acres + / -. NKW BRUNSWICK PRELIMINARY PLAT (Owasso Land Trust, CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTI\IIENT RECOMJ\tIENDA TION Staff recommends approval of the New Brunswick Preliminary Plat, subject to the following conditions: 1. Street" A" should be labeled "East 9Th Street North". 2. Street "B" should be labeled "North 95th East Avenue". 3. Street "c" should be labeled "North 96th East Avenue". 4. Sidewalks are required along E. 96th St. N. and N. Mingo Road. S. Preliminary Plat will be subject to a $16.00/Acre emergency siren fee, or $160.00 prior to releasing the final plat for signatures. 6. All 7.S' foot utility easements shall be changed to 11' foot utility easements, If this Commission approves the proposal, this item does not require City Council approval. The Owasso Technical Advisory Committee reviewed the New Brunswick preliminary plat at the November 2002 regular meeting. The following comments were provided: 1. "A" should be labeled "East 9Th Street North". 2. Street " should be labeled" North 95th East A venue" . 3. Street should be labeled "North 96th East Avenue". 4. Sidewalks are required along E. 96th St. N. and N. Mingo Road. S. Preliminary Plat will be subject to a $16.00/Acre emergency siren fee, or $160.00 prior to releasing the final plat for signatures. 6. All 7.5' foot utility easements shall be changed to 11' foot utility easements. 7. An addition to the covenants stating that no in or above ground pool may be located nearer than 10' feet to any side or rear property line is required. 8, Article IV, Developer's Rights, Section 4.2, should state that all items discussed in this section shall be in accordance with the City of Owasso Zoning Code. 9. An addition to the covenants should be added stipulating that, "no building, structure, or other above or below ground obstruction shall be placed, erected, installed or permitted on such easement or rights-of-way shown in such a manner that will interfere with the installation, operation, maintenance, repairing, removing, or replacing of utilities. " 10. The language stating that the development is included as a part of a master stormwater plan in the Deed of Dedication, # 7, shall be removed completely from the plat. 11. Addresses will be provided prior to final plat application. 12. City of Owasso Fire Department should approve Fire Hydrant locations. 13. The City of Owasso Planning Commission must approve subdivision entry monuments. ANAL YSIS New Brunswick offers a unique housing opportunity not often available within the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for home ownership. In staff's opinion, the proposal would provide for a consistent and well-designed subdivision that staff is certain would prove to be an aesthetically pleasing addition to the City of OwassQ, ATTACHMENTS 1. General Area Map. 2. New Brunswick Application. 3. New Brunswick Preliminary Plat. 7. An addition to the covenants stating that no in or above ground pool may be located nearer than 10' feet to any side or rear property line is required. 8. Article IV, Developer's Rights, Section 4.2, should state that all items discussed in this section shall be in accordance with the City of Owasso Zoning Code. 9. An addition to the covenants should be added stipulating that, "no building, structure, or other above or below ground obstl1lction shall be placed, erected, installed or permitted on such easement or rights-of-way shown in such a manner that will interfere with the installation, operation, maintenance, repairing, removing, or replacing of utilities. " 10. language stating that the development is included as a part of a master stormwater plan in the of Dedication, # 7, shall be removed completely from the plat. 11. Addresses will be provided prior to final plat application, 12. City of Ow as so Fire Department should approve Fire Hydrant locations. 13. The City of Owasso Planning Commission must approve subdivision entry monuments. Community Development Department 111 N. Main Owasso, OK 74055 Ph. 918.376.1543 Fax. 918.376.1597 = ~r-- ( CITY OF OW ASSO ENERAL AREA MAP PRELIMINARY PLAT - NEW BRUNSWICK Owasso Land Trust, L.t,.C Section 13, T 21 N, R 13 E ~ I Sl ~ .~ s; . '& ~.s u ANALYSIS The applicant is requesting to close the stormwater detention easement located within Lot 1, Block 2, to allow the existing retail structure to remain by right in lieu of as a non- conforming structure. Non-conforming structures may remain until such time they are remodeled, destroyed beyond 50% or structurally altered. At such time when one or any of the above conditions exist, the owner is required to bring the structure up to the current provisions of the zoning code. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Residential Single Family High Density District) East: PUD/CS (Planned Unit Development/Residential Single Family High Density District) West: CS (Commercial Shopping District) PRESENT ZONlNG PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail - Shopping Center East: Retail - Vacant West: Retail - Recreational EXISTING LAND USE:, Retail - Vacant LOCATION The subject property is located approximately 125 feet north of the 103rd St. N. and 115th E. Ave. intersection, further described as 12701 86th PI. N. City of Owasso has a request from and Wilson, applicant/owner(s), for the closing of the stormwater detention easement located on a portion of Lot 1, Block Plaza Addition. The subject property is located approximately 500 feet west of the 86th PI. N, and 129th E. intersection. A site plan and a general area map are included with your packet. EASEMENT CLOSURE (Ram Plaza) CITY OF OW ASSO COMMUNlTY DEVELOPMENT DEPARTlVIENT A TT ACHMENTS 1. General Area Map. 2. Easement Closure Application. 3. Community Development Staff Report (May 7, 1996). 4. Ram Plaza Final Plat. RECOMMENDATION Staff recommends conditional approval of the request to close the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant shall provide an official copy of the easement closure to the Community Development Department. TECHNICAL ADVISORY COI\tIMlTTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 27, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Ow as so City Council must approve the easement closure. The applicant shall provide an official copy of the easement closure to the Community Development Department. If approved by the Planning Commission, this item does require City Council Action. Staff finds little, if no reason to not approve the applicant's request. Without Planning Commission and ultimately, City Council approval, at such time a remodel were proposed, the applicant would be required to remove portions of the existing structure. Staff is unaware of any instance within the City where this has occurred. The site plan, including the encroachment, for the subject property was approved on May 7, 1996 by the City of Owasso Planning Commission. The Community Development Department staff report dated May 7, 1996, is attached for your review. According to staff in 1996, stormwater detention issues for Lot 1, Block 2 were incorporated into the approved plans for the Warehouse Foods (now Dickinson Theatre) and Owasso Ninth Grade Center (now Mid-High School). According to staff at the time, stormwater detention facilities on the Dickinson Theatre and Mid-High School properties were morc than sufficient to accommodate stormwater run-off from Lot 1, Block 2, Ram Plaza, Staff finds nothing in the Community Development files that would indicate the contrary. ~/ I L0- ~ - /rY / I ~{(t.<r-i _ III ~ = I -- J I~/ -\~ \-f-- ,} 1-_ , 0 AL V - f- t--~I-- ~ ~ ( C ~- :: l:'-' 1-- /-.- ~N!i- t\ ~ f- I---- J---- ~ ~ ~ r - l--- ~>I - '''''-, . ,_~l-- ~ 1 i 7 r'- ,_ - \---\ "-, ill I I \ I--.~ t-t-- ~ Ir-~\~I __ n~ . -, ... . l--- -I ~I ~l--- Il^/'~'- . K / \ r / .~ -r\'"" ..' ~-~~) ,_ I J__ 'L t11I] . -- ,- . ~ ~\I I I 110 S~J ~ n~ - :~ _ ~CT . - 1-- / =: ~ I~ / PROPERTY Ii=: . r\r' V~ ~ ~),E ,- ~ [<J 1 V 1 - ~~:: .r"'~- 0 !J; - ~ -- ~::I - I- - 0 ,/p.. ~8~THE.AV/ HI J I =-= _ l_--I I- f--- / - _ - - -- '--- - - - - - / 1/ / III I ~~~I 1111?f ,-- --- I--- ~ ^""- I--- II 7r~ >;0(E ~ CITY OF OW ASSO Community Development GENERAL AREA MAP Departme~t 111 N. MaIn EASEMENT CLOSURE Owasso, OK 74055 David and Sara Wilson Ph. 918,376.1543 Section 20, T 1 N, R 14 E Fax. 918.376.1597 The Ram Plaza Final Plat was approved on May 20, 1993 with the limits of no access in place. On May 7, 1996, the site plan for Lot 1, Block 2 was approved with one curb cut to the south and an access easement to the west without regard to the limits of no accesso An additional curb cut was approved that was not included in the areas governed by the limits of no access. The curb cut is a 40' foot shared access easement with 20' feet of access ANAL YSIS The applicant is requesting to remove the limits of no access from Lot 1, Block 2, to allow the curb cuts that currently serve the retail facility to remain. A copy of the Ram Plaza Final Plat is included with your packet. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Residential Single Family High Density District) East: PUD/CS (Planned Unit Development/Residential Single Family High Density District) West: CS (Commercial Shopping District) PRESENT ZONING PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail ~ Shopping Center East: Retail - Vacant West: Retail - Recreational EXISTING LAND USE Retail - Vacant LOCATION The subject property is located approximately 500 feet west of the 861h PI. N. and 129th E. Ave. intersection, further described as 12701 86th PI. N. The City of Owasso has a request from Wilson, applicant/owner(s), for the removal of the Limits No from 1, Ram Plaza Addition. The subject property is located approximately 500 feet west of the 86th PI. No and 129th intersectiono A site plan and a general area map are included with your packet. LlMITS OF NO ACCESS REl\110V AL (Ram Plaza) CITY OF OW ASSO COlVIMUNITY DEVELOPMENT DEPARTlVIENT ATTACHMENTS 1. General Area Map. 2. Limits of No Access Removal Application. 3. Community Development Staff Report (May 7, 1996). 4. Ram Plaza Final Plat. RECOMMENDATION Staff recommends conditional approval of the request to close the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition, subject to the following condi tions: 1. The City of Owasso City Council approves the limits of no access removal. 2. The applicant shall provide an official copy of the limits of no access removal to the Community Development Department. 3. The applicant must provide the necessary ownership signatures (60% of the owners of property within the Ram Plaza Addition) prior to sending the application to the City Council. I.ECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 27, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the limits of no access removal. 2. The applicant shall provide an official copy of the limits of no access removal to the Community Development Department. 3. The applicant must provide the necessary ownership signatures (60 % of the owners of property within the Ram Plaza Addition) prior to sending the application to the City Council. If approved by the Planning Commission, this item does require City Council Action. Staff finds little, if no reason to not approve the applicant's request. The structure located on Lot 1, Block 2, including the curb cuts, have been in existence for several years without issue. Additionally, staff believes that removing the limits of no access would not create problems with the traffic flow, utility easements and/or the various plans or studies related to the area. The City of Owasso Subdivision Regulations, Chapter 6, Section .1, states that in reviewing the removal of limits of no access staff is to make a determination whether the proposed change would: 1. Increase problems with public traffic flow; Increase problems with utility easements; and/or 3. Increase problems with various plans or master plans to the area, located on Lot 1 and 20' feet of access located on Lot 2. Further complicating the situation is the lot-split application approved by Planning Commission on December 10, 1996. The lot split application removed the east 28 feet of Lot 1 and added it to the west 72 feet of Lot thereby removing any legal access to Lot 1. /--;LW1illJ~ I 15fj lJ=1dmf '-1r=H ~ P ~ALJ2' \ = f h>ROPERTY J[[J' Community Development Department 111 N, Main Owasso, OK 74055 Ph. 918.376.1543 Fax, 918.376.1597 ~ ~ // ----I J l~ ------; ~~ ~!J%Y~~ CITY OF OW ASSO ENERAL AREA MAP LIMITS OF NO ACCESS REMOVAL David and Sara Wilson Section 20, T 21 N, R 14 E ~rrE. AVi Ijf \ I I I E l..j - '--' ~ ,~ -+--I ~EB , ..#' i ~ 1--- I I -~ --- =r~ - ~ '- Ym~ Will1 LJ \ - ~ 4- IL- H c; Streets were segmented into identifiable units (i.e., city blocks or other individual landmarks) and given identifying segment numbers for the evaluation process. The following process was used in establishing repair priorities: STREET INVENTORY.:! ASSESSMENT AND PRIORITIZATION PROCESS: A total of l,008 street segments were identified for various repairs. Repair priorities were classified in low, moderate and high priorities. A portion ofthe segments included on the high priority list are presented for consideration in the FY02-03 program. The inventory also included stOlID drainage structures, signage, water valves and sanitary sewer manholes that were located in the streets. This additional information will be used for utility/facility atlases that will be prepared in the future. Each residential street throughout the city (encompassing approximately 144 lane miles) was individually walked to collect inventory data and evaluated using a street pavement management computer program. The software uses a method to statistically model each pavement segment and determines an overall condition index (OCl) for each segment. The model was developed by the U.S. Army Corps of Engineers and has been adopted as an industry standard for pavement analyses. The OCl is used to establish the priority of needed repairs. Additionally, the model can be used to project maintenance requirements to extend pavement life. Public Works Department Engineering Division staff compiled street data pertaining to needed repairs in conjunction with the FY02-03 Street Division Capital Outlay budget. Street evaluations were completed in August 2002. BACKGROUND: December 4, 2002 CITY THE HONORABLE MEMORANDUM The FY02-03 repair program is based on those segments determined by the model to be high priority repair segments. Attachment A lists a total of276 street segments Data collected for the FY02-03 repair program are expected to be refined and expanded in future years. As segments are re-evaluated historical trends will be detelIDined, additional data will be collected that will help refine the statistical model and more comprehensive information for each segment can be effectively utilized. The database for the model will be adjusted to reflect changes in segment conditions. PRIORITY REPAIRS IDENTIFIED: C; The program then computes a Need for Priority Repairs (NPR). C; Prioritization is accomplished by comparing the ocr with other attributes such as Street and Pavement Class, System Design, Average Daily Traffic, Detour Lengths (for a closed segment under construction) and Scope of Anticipated Repairs. C; The program software assigned weighted values to each ofthese criteria to determine an Overall Condition Index (OCl) for each segment. C; Criteria used for data input were collected for each segment. Data include; Distress - Physical deficiencies were identified (i.e., potholes, cracking, heaving, and settling) -- Horizontal and vertical alignment characteristics, median type, shoulder or curb configurations, drainage facilities and other geometric elements Surface depressions usually caused by consonaanon or movement of materials due to traffic load Service - PerfOlIDance of construction materials to withstand traffic volume Ride - Surface smoothness Structure -- Pavement composition by layer Surface Friction - Roughness, aggregate loss or noisy ride Safety -- Site Distance, obstructions, special zones (Le., schools, pedestrian crossings, truck routes or commercial/industrial entrances) Old Condition - Historical information to determine the rate of deterioration and life expectancy of the street segment pavement Page 2 FY02-03 Street Repair Program Prioritization ATTACHMENTS: l. Attachment A - High Priority Site List 2. Attachment B - High Priority Site Location Maps 3. Attachment C - Recommended Repair Sites Attachment C is the recommended projects repair locations for FY02-03. Upon acceptance, the Engineering Division will proceed to complete bid documents. It is anticipated that the project can be advertised in February 2003, awarded in March 2003 and completed by June 2003. Attachment B includes maps showing locations of all high priority repair sites. Repairs by city - Sites which include potholes or areas of approximately 25 square yards or less are recommended for repair by city forces. Overlay proj eets - Segments (or contiguous segments) which include multiple repair sites are recommended for overlay. Based on limited budget, these locations are recommended to be included in capital improvements projects in future budget years. Priority ofthese repairs should be established based on the model. ~ontracted small site repairs - The identified small site repair locations serve as the basis for recommendations under this program. The FY02-03 budget includes $l 05,000 for Street Improvements (line item 01..300-542l0). Therefore, the recommended program is the cumulative total for contracted small site repairs up to this budgeted amount. It is anticipated that 30 sites will be included. order to effectively utilize available FY02-03 budget, projects were manually categorized into one ofthree areas: Contracted small site repairs Overlay proj ects (capital improvements) Site repairs by city forces (Streets Division operating budget) to to highest are listed highest considered high priorities. Data for each segment include location reference, and calculated cost of repair. The estimated cost to repair all priority sites is approximately $1,200,000. Page 3 FY02-03 Street Repair Program Prioritization ._-"~ <D N .r:: ;:: I'- W Z CL Z Gl > <( W -0 c: (") N ~ Z Gl > <( W .r:: ill N ~ o l!) (f) <( '<t Q) N N '<t l!) (") X (") N x - g)~ j< 32~co UN (j) ru x -'" '- l!) 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X ifI >. .:: ::: ro U Co 11l 0:: C'\l o o C'\l "<:t '- <Ll .n E <Ll o <Ll o c ,Q (/) o :~ (/)0 (/) 0) cu c ~ 0- o ill '+- <lJ o ,S >. 0) :!::: C uw ~ ~ C) o 0::: a.. 0::: <( a.. w 0::: t- W w 0::: t- en M o B N o :>- u.. ~ N I ~ I g ATTACHMENT C . PROPOSED 2003 REPAIR PROJECTS 2002 OVERLAY PROJECTS HIGH PRIORITY STREET REPAIRS CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION LEGEN D 76TH 5T N 86TH 5T N . w ~ w :r: F I' Ol ~ Z 0:: <( o 0:: o --l <( n:: o ::!! w ::!! o 0:: 96TH ST N * HIGH PRIORITY STREET REPAIRS CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION . PROPOSED 2003 REPAIR PROJECTS 2002 OVERLAY PROJECTS ~ '" I ~ I g ATTACHMENT C LEGEND lIJ ~ LeJ r. f<-., If) '<I' 76TH ST N w ~ w 96TH 5T N t ATTACHMENT C . PROPOSED 2003 REPAIR PROJECTS 2002 OVERLAY PROJECTS ~ coi I ~ I 9 HIGH PRIORITY STREET REPAIRS CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION LEGEN D 0:: C\ 0 W -' ~ 0:: <( iX w E 0 ::::J; :r: z w I::: 0:: ::::J; 1 o 6TH 5T N <( m 0 126TH ST N l T If tbe use of the trailer mounted radar is successful as an enforcement and community relations tool, as we believe it win be we win try to purchase a unit. Tbe cost of a new unit is $6,000.00 and up depending on the equipment. Tbe one sbown in tbe attached photograph has a solar panel to recbarge tbe battery during daylight hours. Prior to setting the radar trailer up at a location, we win notify tbe neighbors that we intend to set up the trailer and ask them to fiU out a short questionnaire giving us tbeir opinion on whether or not the unit helped the speeder problem on their street. We win request that the neighbors complete the questionnaire a week after the trailer is moved. Depending on location, the radar trailer can be used 24 hours per day. North 122110 East Avenue between 76th and 86th Streets North, East 87th Street North between 125th and 128th East Avenues, 8300 North 129th East Avenue, 200 East 19th Street, 100 North Main Street. I propose that we place the unit at various locations around the city where we have received a number of speeding complaints. The locations include, but are not limited to, the following: Kustom Signals has offered to loan the City of Owasso one of their trailer mounted radar units for a two week demonstration around the first of January 2003. This trailer is equipped with a large lighted sign that notifies drivers of tbeir speed and bas a speed limit sign posted above the target speed. (See attacbed photograph) December 2002 DATE: . Rodney MEMORANDUM http://www.kustomsignals.com/product__ body2.asp?productjd=25&catjd=6&strpagenamc.. 12/412002 Site design, development and hosting by t\~1racha.!t CQ!]'1ml!DiciJJiQD~,IJlc 1-800-4KU5TOM I infQ@kI.I.sto~iqnals.gJm I Fax: 913-492-1703 I 9325 Pflumm - Lenexa, 1<5 - 66215-3347 SMARTT~' To request a product online or to ..:~ <:olor' ';.~i)lJ (OU 5t register to b(..:con-tO <8 Pffi~ferred t<ustorn.ef, N"'-2>t F'r9.0LJc:t:>.? Available In three models with a variety of options, SMART is a portable, self-contained speed display unit that can be towed fron site to site to assist in areas with speed..related problems. Volunt, speed compliance - that's SMART! Speed Monitoring Awareness Radar Trailer .. Neigllborhoods, sella zones, construction sites and dangerous roads could use a little h. in promoting compliance with the speed limit. But officers can't b( everywhere at once. That's why we offer SMART; a gentle remind to slow down. IjQme> SPJ;e,Jtv'!9nj1;oring12evice;;,: SMARr" I SMflliI :Lf:' I SJIIIARTYJ1.s I st~altbstCJ.e' I Ir21cker"" I Giant Display Kustom Signals: public safety equipment, radar, lidar, video surveillance, radar trailers, lase Page 1 of 1 The issue is simple; the current language in Section l7-206 prohibits the hauling or transport of any trash or refuse on any city street unless that hauler has a permit from the City of Owasso to collect commercial waste. celiainly the intent of the language was not to prohibit someone from collecting waste in Collinsville and transpOliing it through Owasso, but rather to require a permit for the collection and transpOli of waste "collected" in Owasso. Thus, the literal interpretation and enforcement of the existing language exceeds the practical powers granted to the City. THE ISSUE: Recently, however, Mr. Gray was notified by the plaintiffs attorney that the lawsuit would be dismissed only when a second action of repealing Section 17-206 was accomplished. At the time of that request, both the City Attorney and City Manager had been under the impression that the repeal of the permit fee was the only "immediate" action necessary for the plaintiff to dismiss the lawsuit (see paragraph entitled PROPOSAL on page 2 of the November l4th memorandum). However, there had been a request to modify Section l7-206 of the "Code of Ordinances" in the "near future" because of language that went beyond the intent of the original ordinance. On November 19, 2002, the City Council adopted Ordinance #727, wherein the City's permit fee for the collection of commercial refuse was repealed. The action was taken based on the recommendation of the staff and City Attorney as a method of resolving a lawsuit against the City filed by American Waste Control lnc. (See attached memorandum dated November 14th for complete information and background.) BACKGROUND: December 5, 2002 DATE: MEMORANDUM 1. Proposed Ordinance #728 2. Memorandum Dated November l4, 2002 3. Ordinance #638 ATTACHMENTS: The staff recommends City Council adoption of Ordinance #728, such ordinance repealing the existing language contained in Part l7, Chapter 2, Article B, Section l7 -206 of the Code of Ordinances, and adding a new Section l7-206 as shown in the attached ordinance. RECOMMENDATION: The Oklahoma Statutes, 11 O.S. Article XIV, Section 14-103, allow for the attachment of an "emergency clause: to ordinances when, in the opinion ofthe City Council, in order to protect the interest of the citizens, an ordinance should become effective immediately upon passage. ln the case of this ordinance, the staff believes that the attachment of an emergency clause is critical to the settlement of the pending legal action. Therefore, declaring an emergency could clearly be shown to be in the best interest ofthe citizens of the city. EMERGENCY CLAUSE: This request is for City Council Action to adopt Ordinance #728. Should the City Council adopt the proposed ordinance, the new language would reflect the intent of the original and would respond to the request by the plaintiff: thus resulting in the the legal action by Waste Control. !ffiQUEST~. ORDINANCE #728 DECEMBER 5,2002 PAGE 2 Stephen P. Gray, City Attorney APPROVED AS TO FORM: Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAHOMA PASSED AND APPROVED this 1 ih day of December, 2002. Section Two: The provisions ofthis ordinance shall become effective immediately upon passage and publication as provided by state law. It is unlawful and a public offense for any person to collect any trash, refuse, rubbish, garbage and/or waste within the ,City of Owasso and to haul such trash, refuse, rubbish, garbage and/or waste upon or over any of the streets, alleys or highways of the city unless such person shall first have procured a permit as herein provided. SE(~nON 17-206 COLLECTION AND HAULING OF WASTE WITHOUT A PERMIT Section One: That Part 17 .- Utilities, Chapter 2 Garbage and Refuse Collections, Article Section 17.206. Use of Street, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby repealed, and a new Section 17-206 is adopted to provide as follows, to-wit: BE IT ORDAINED BY THE CITY (~OUNCIL OF THE CITY OF' TO~WIT: AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2, GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17-206, USE OF STREET, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, REPEALING SAID SECTION 17-206, AND ADOPTING A NEW SECTION 17-206 RELATING TO COLLECTION AND HAULING OF WASTE WITHOUT A PERMIT, AND DECLARING AN ORDINANCE NUMBER 728 CITY OF OW ASSO, OKLAHOMA However, the actual impact of the fee permit was to significantly increase revenues to the City. That increase eventually served to call attention to the fee by local businesses and one of the permit holders, American Waste Control. Then, on August 3l, 2001, American Waste Control filed a lawsuit in District Court against the City of Owasso, claiming that Ordinance #638 is illegal and void due to law that prohibits the imposition of a "licenses tax" on waste collection, as well as claiming that the ordinance exceeds the "police powers" granted the City by the State. Additionally, the lawsuit claimed that Section l7-206 of Ordinance #638 is in violation of Oklahoma Statutes (47 O.S. section 1l48) in that the ordinance exceeds the City's authority to prohibit the use of city streets (inadvertently, the ordinance prohibited the transport of any trash on any city street unless the transporter had a city penn it, thereby making it illegal for a hauler to pick up trash in another city or from a non-city resident and then transport that refuse through the city to a disposal site, very clearly exceeding the authority of the City). It should be noted that American Waste Control, as of August 31, 2001, has not collected [rom their customers nor paid Generally, Ordinance #638 established a fee of $3.50 per yard of collected commercial waste to be paid to the City on a monthly basis. That fee was adopted based on calculations perfOlIDed by the Public Works Department. Those calculations were accomplished utilizing data from the City's contract during the previous year and supplemental information supplied by other "haulers" on a voluntary basis. It appears that one goal of the new ordinance was to ensure that the fees generated by the "permit fee" were equal to the revenue collected from the "contract" system then in use. On April 4, 2000, the City Council adopted Ordinance #638 (attached), such ordinance for the purpose of establishing a commercial waste collection permit and applicable fees for that permit. The ordinance was adopted in an effort to remedy a concern that the City Attorney had relating to the legality of the "exclusive" contract method the City had previously utilized to collect commercial waste within the boundaries ofthe city. BACKGROUND: November 14, 2002 THE HONORABLE MEMORANDUM The Oklahoma Statutes, l1 O.S. Article XIV, Section 14-103, allow for the attachment of an "emergency clause" to ordinances when, in the opinion of the City Council in order to protect the interest of the citizens, an ordinance should become effective immediately upon passage. In the case of this ordinance, the staff believes that the attachment of an emergency clause is critical to the settlement of the pending legal action. EMERGENCY CLAUSE: Based on Mr. Gray's review, discussions with the Plaintiffs attorney, direction from the Judge and staff comments, it is proposed that the City Council repeal the fee required by Ordinance #638 and contained in Section. 17-203(B) of that ordinance. Although that action is of immediate concern, it should be noted that, in the near future, additional action will also be needed to amend Section l7-206, and to include a new fee structure that will be in compliance with state law. PROPOSAL: After employing Mr. Gray as City Attorney, he reviewed this case in the context of preparing an answer to the Plaintiffs Motion for Summary Judgment." Mr. Gray's review lead to the conclusion that the City has, in fact, enacted an ordinance that lacks a defendable position. Based on discussions with the City Attorney and a requirement for an immediate response to the Plaintiffs Motion for Summary Judgment, I authorized Mr. Gray to meet with attorneys for American Waste Control to detelmine our available options. Mr. Gray also appeared before Judge Wiseman to request time for a possible negotiated settlement ofthe matter. LEGAL REVIEW: Subsequently, maneuvers by the Additionally, have expressed concern that they were placed at a disadvantage by continuing to the while Waste had collecting its customers. to the City the fees required the permit even though there have been demands for payments as Ordinance #638. COMMERCIAL WASTE COLLECTION LAWSUIT NOVEMBER 14,2002 PAGE 2 1. Proposed Ordinance #727 Ordinance #638 staff recommends adoption Ordinance #727, such required of commercial waste that enactment COMMERCIAL WASTE COLLECTION LAWSUIT NOVEMBER l4, 2002 PAGE 3 I There is hereby authorized to be issued to any qualified person, under the terms and conditions hereof, a Waste Collector Permit which shall specifically authorize such person possessing the permit to, under the control and supervision of the City, collect, remove, transport andior dispose of commercial solid waste andior construction and demolition waste from within the City. SECTION 11.202 WASIECQLLECIOBJ'ERMIT 5. "Vehicle" means any truck, trailer, semi-trailer or other equipment used to collect, remove, transport or dispose of solid waste, and over any public way, street, avenue, road, alley or highway. 40 "Person" means every natural person, rum, partnership, association or corporation; 3. "Waste collector" means any person who collects, removes, or transports commercial solid waste or construction or demolition waste as defined herein; 2. "Construction and demolition waste" means waste or large bulky items, such as brosh, tree cuttings, lumber, concrete, bricks, plumbing fixtures, plastics and other waste generated by construction and demolition activities; 1. "Commercial solid waste" means all solid waste emanating from all units having zoning classification other than low or medium intensity residential uses; For the purposes of this Article the following terms shall have the meanings :respectively ascribed to them herein: SECTION 17.201 DEFIN1'TION ARTICLE B WASTE COLLECTOR PERMIT Section Two:. There shall be adopted as new law and codified as indicated the following provisions; Section Qne: Pm 11, Utilities, Chapter 2, Garbage and Refuse Collection, of the Code of Ordinances of the City of Owasso, OklallOma, be and same are hereby amended as follows, Section 17 ~202 shall be amended by deletion therefrom of the words "or commercial"; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO~ OKLAHOMA, THAT~ TO-WIT: '~ AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2, GARBAGE AND REFUSE COLLECTION, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, AMENDING SECTION 17-202 DELETION OF COMMERCIAL SITES THEREFROM, AMENDING SAID CHAPTER BY ADOPTING AS NEW WASTE PERMIT, APPLICATION FOR WASTE COLLECTOR PERMIT, FOR WASTE COLLECTOR PERMIT, WASTE COLLECTION REGULATIONS~ SPECIAL ORDERS OF CITY MANAGER, UNLAWFUL USE OF STREETS, PROVIDING AN IMPLEMENTATION DATE AND DECLARING AN EMERGENCY CITY OF OW ASSO, OKLAHOMA ORDINANCE NUMBER 638 nout>. 00046855 - ;q~' -'4. _.;;/;-- 6361/0754-0751 Rau"ipt; ~ 439235 05/08/00 11: 05: 25 111111111111111111111I1111I 11111111111111I 1111111111111111111111111111 ""1' 14.00 1II000439235012IM "- ~ '" ~ ~ &f ~ ~ a ~ '-..J \ , ~~ ~ ~ ~ 8 ! "'-J tD M \.0 ~:r l() F"'~ C:J ~ ~ A. Waste collectors who in the course oftherr business provide containers forfue collection of solid waste shall display information on each container, such as a business name or trade name which shall sufficiently identify the permittee providing waste collection services to the establishment using the waste container. Characters, letters and numbers displaying the foregoing information shall be at least two (2) inches tall, one-half (Y2) inch wide and applied in such a way so as to become permanent. Characters shall be no lower than twelve (12) inches from the bottom of the container and shall be in a contrasting color to the container so as to be clearly visible. SECTION 11-204 WASTE COLLECTION_REGULA. TIONS B. The permit referred to in Section 17-202 shall be issued for an indefinite period.. The fee for the waste collection permit shall be payable to the City on a monthly basis on or before the 151h day of the month immediately succeeding collection service provision in the amount of three dollars and 50/100 ($3.50) per yard collected per month with compactors utiliz~d being at an amount equal to 4 yards charged for every 1 yard of compacted volume. The waste collector shall provide for the monthly remittance with a waste collector monthly report to be provided by City. Should the City Clerk detennine to deny a permit, or revoke same under authority of this chapter, notice thereof shall be provided to the applicant/permittee containing such proposed denial or revocation and the reasons therefore. Revocation of my permit issued under this chapter shall not be effective until the expiration of ten (10) clays from the date of serving a notice upon permittee of such revocation, absent m emergency situation. Any applicant denied a permit, or permittee whose permit is revoked may appeal such denial or revocation to the City Council of the City. Appeal from denial of application for permit or revocation of same shall occur upon written notice requesting same addressed to the City Clerk within ten (10) days of the denial of the application for penn it or, as pertains to revocation of such permit or within ten (10) days preceding the effective date of such revocation as above provided. In the event a permittee shall request an appeal before the City Council of the City regarding revocation of such permit, the effective date of the revocation shall be stayed pending determination thereof by the City Council oithe City. Any other information deemed necessary by the Director of Public Works of the City. Name of liability insurance company and policy number, and, Landfills used; An attached schedule of all waste collection services, indicating type of solid waste collected, site of collection; Current state safety inspection number; Packer of cab and mode! and year of each Business and home phone IlUITlber; Business name and address; Name and home address of the applicant; I.n tt? 1. r- 0 2. 'l"C 3. M ~c 4. 5. 6. 7. 8. 9. 10. 11. A. The waste coIIector permit, as referenced above, shall be issued by the Office of the City Clerk of the City. Applications for such permit shall include the foIIawing information: PERMIT APPLICATION REOUIREMENTS. ISSUANCE, DENIAL. ~n01'L17-2Jll 17. Cleaners/photo finishing. 16. Bank, savings and ImID, credit union, A TM; and, 15. Community CenterNMCAlYWCAlpark; 14. Theater/sports stadium/convention center; 13. Hotel/motel; 12. Supermarket/grocery store; 11. Restaurant/fast food establishment, etc.; 10. Utility operations incluqing substations, pump stations, etc.; 9. Medical facility, including labs, nursing homes, clinics, etc.; 8. Church/synagogue; 7. Public or private school or college; 6. Auto/trucklboat dealer, including salvage, repair, parts and service stations; 5. Warehouse/storage facility; 4. Manufacturing company; 3. Apartment building/condominium/trailer park; 2. Retail shop/shopping center; 1. Office building; D. Every licensed waste collector shall maintain a full, true, current and legible list of all commercial customers that are provided waste collection services, which shall include an itemization 0 the customer's names, service address, waste container size or sizes, the frequency of service measured in days per week. and a brief description of the type of customer or client being served, such as: 4. Comply with all other requirements and restrictions imposed pursuant to the rules and regulations of solid waste management adopted by the City Manager or City Council of the City. 3. Be required to be reasonably cleM and sanitized lithe vehicle is declared to be a health hazard by the City-County Health Department or its duly authorized representative; and, 2. Be parked at least one hundred (100) feet from any residential building, over six (6) consecutive hOUlS. while containing a partial load of solid WlllIte; L Be constructed and maintained in such a manner as will prevent any solid waste from spilling, falling or blowing out of the vehicle on to any public way, street. avenue, alley, highway, or any othet" public or private place, except when being loaded or unloaded and shall be completely and securely covered to preclude MY spill, fall or blowout from the point to the point disposal; shall: C. Any vehicle used in the collection, removal, transportation or disposal of solid waste B. No person shall collect any solid waste inside the corporate limits of the city within six hundred (600) feet of any residential building unless it is after 6:00 A.M. and before 10:00 P.M. u:) M ~J:} u::J tn !-= a 2780403.ord waste col permit Ronald D. Cates, City Attorney /1./'.'1 t: II . /'" By: ,:;.t ~.;t.I.l/t ,{..~ /fC'/.v... Mark Wilken, Mayor CITY OF OWASSO, OKLAHOMA PASSED this 4th day of April, 2000, with the Emergency Clause voted and approved sepantely. Section Four: Due to the absence of provisions regulating private commercial solid waste and construction and demolition debris collectors an emergency is hereby declared to exist whereby the provisions of this ordinance shall become effective immediately upon passage and publication as provided by law 2000. The provisions of this ordinance win be implemented beginning May I, It is unlawful and a public offense for any person to haul or transport any trash, refuse, rubbish, garbage and/or waste upon or over any of the streets, alleys or highways of the City unless such person shall first have procured a permit ns herein provided. SEcTION 17-206 . USE OF S1'REEIS The City of the is hereby authorized and directed to rules and regulations governing the collection solid waste and constmction and demolition waste within the City by waste collectors. Application for and acceptance of a waste collector permit shall be deemed to constitute the permittee's acceptance of the provision of this chapter as well as any rules and regulations promulgated pursuant hereto. Failure to adhere to the provisions of this chapter, or any rules and regulations promulgated pursuant hereto shall constitute grounds for denial or revocation of the permit. F. No person shall collect, remove or transport solid waste, including hazardous waste, in a manner so as to scatter or spill such waste, either at the point of collection or while transporting the same for disposal unless such waste is irnmediately retrieved and removed in its entirety. Immediately after collection, containers which have been used to store solid waste shall be closed, with each lid or cover being reasonably secured, E. Any vehicle used in the collection, removal, transportation or disposal of solid waste within the jurisdiction and control of the City shall be subject to reasonable inspections initiated to insure compliance with this section and conducted by duly authorized inspectors of the Department of Public Works, the Police Department or the City-County Health Department. . " t.D C"'::l t.D r~ LJ.J r-. o 8 H It should be noted that I have had discussions with the Mayor about the contract and the process. Additionally, I have enclosed a salary survey from the OML for your review. Please note that the survey is one year old, and that several changes have occurred. Additionally, there are several cities that do not report, notably Jenks, Sand Springs and Sapulpa from our area. Those figures are not officially available, but I have secured them (if you are interested, please call me). 1. An initial discussion by Councilors only of the current contract, conducted on a section- by-section basis, such discussion for the purpose of identifying areas of clarification, concern or elaboration. 2. A review of the City Manager's performance during the past year, and evaluation of whether or not that performance met the Councilors' expectation (even an informal discussion of performance is often considered adequate). 3. A City Council only report from the Mayor of issues raised during discussions between the City Manager and Mayor, such discussion inclusive of compensation issues. 4. Finally, a discussion between the City Council and City Manager for the purpose of establishing a basis for a contract to be executed subsequent to Council adoption. Though it certainly is not my intent to direct the Council in this matter, I do believe that an established fOlmat for such a discussion is important to a successful outcome. Therefore, I suggest that such a format should include several components, including: DISCUSSION FORMAT: During the November City Council Work Session, there was an initial discussion relating to my contract with the City. The result of that discussion indicated that additional time should be allotted to the issue during the December work session. Therefore, I have placed an item on the agenda to allow an executive session for the purpose of discussing the City Manager's contract. BACKGROUND: December 6,2002 DATE: MEMORANDUM OML Salary Survey ENCLOSURE: City Manager Salary/BenefIt History I look forward to visiting with the City Council about the opportunity to continue my service to the City of Owasso. Should any Councilor wish to discuss any aspect of the contract, or please contact me. 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