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§ 153.051 ZONING MAP.
   As districts are designated, they shall be bounded and defined as shown on a map entitled “Zoning Map of the Town of Bernice, County of Delaware, State of Oklahoma”. The Zoning Map, and all of the explanatory material thereon, is hereby made a part of this chapter.
(Prior Code, § 10-3-2) (Ord. 2009-3, passed 5-15-2009)
§ 153.052 BOUNDARIES OF DISTRICTS.
   In the event of uncertainty in the exact boundaries of any of the aforesaid districts as shown on the “Zoning Map of the Town of Bernice, County of Delaware, State of Oklahoma”, the Planning Commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the Board of Adjustment, and the Board of Adjustment shall make the final determination.
(Prior Code, § 10-3-3) (Ord. 2009-3, passed 5-15-2009)
§ 153.053 A-1, GENERAL AGRICULTURAL DISTRICT.
   (A)   General description. The A-1 Agricultural District is established for several purposes:
      (1)   To provide for the continued use of land for predominantly agricultural purposes;
      (2)   To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety and the like; and
      (3)   To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding.
(Prior Code, § 10-6-1)
   (B)   Uses permitted.
      (1)   Principal uses. No buildings or use shall hereafter be established or enlarged within the A-1 Agricultural District, except a building or use devoted to one of the following purposes:
         (a)   Agriculture, as defined in this chapter;
         (b)   Churches and temples;
         (c)   Elementary schools and high schools;
         (d)   Golf courses, but not including golf driving ranges, pitch and putt courses, or miniature golf courses;
         (e)   Municipal or community recreation centers;
         (f)   Parks and forest preserves, operated not-for-profit;
         (g)   Police or fire stations;
         (h)   Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries or museums;
         (i)   Public or not-for-profit auditoriums, stadiums, arenas, armories or sanatoriums;
         (j)   Public or private hospitals or sanatoriums;
         (k)   Public or private schools and colleges;
         (l)   Public utility and service uses, including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations and other similar facilities;
         (m)   Single-family dwellings (see § 153.054(G) of this chapter for permitted mobile homes); and
         (n)   Temporary buildings and uses for construction purposes only, and not for dwelling purposes, nor for a period that exceeds the completion of the construction.
      (2)   Accessory buildings and uses. Accessory buildings or uses incidental to the foregoing principal uses listed in division (B)(1) above.
(Prior Code, § 10-6-2)
   (C)   Area, setback and height regulations.
 
Min. Lot Area
Min. Lot Frontage
Max. Percent Coverage
Max. Height
Front Yard Setback
Side Yard Setback
Rear Yard Setback
5 acres
150’ including accessory buildings
30%
35’
50’
25’
50’
 
(Prior Code, § 10-6-3)
   (D)   Signs and billboards. The control of signs and billboards in the A-1 General Agriculture District is the same as that in § 153.054(G) of this chapter for the R-1 Single-Family Residential District.
(Prior Code, § 10-6-4)
(Ord. 2009-3, passed 5-15-2009)
§ 153.054 R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT.
   (A)   General description. The R-1 Single-Family Residential District is established as a district in which the use of the land is for single-family dwellings, except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district were not developed solely for single-family dwellings.
(Prior Code, § 10-7A-1)
   (B)   Uses permitted. The following uses are permitted in an R-1 Single-Family Residential District, and are subject to all the general provisions and regulations of this chapter:
      (1)   Agricultural uses of the garden type that are not intended for commercial purposes;
      (2)   Elementary schools, public and private, where the curriculum is similar in nature and preparation of coursework to the public schools;
      (3)   Public parks or playgrounds; and
      (4)   Single-family detached dwellings which, for purposes of this section, shall not be deemed to include mobile homes (see § 153.077 of this chapter for permitted mobile homes).
(Prior Code, § 10-7A-2)
   (C)   Uses permitted subject to additional requirements.
      (1)   Principal uses. The following uses are permitted, provided they meet the requirements noted for each use, in addition to applicable area regulations:
         (a)   Childcare center or day nursery; provided that, such center or nursery is operated by a licensed provider, that the residence is the primary residence of the operator, that it does not employ non-residents of the single-family dwelling where operations are conducted, and that the operation otherwise meets and complies with all state guidelines for operation of a childcare center or day nursery;
         (b)   Churches; provided that, a minimum lot size of one acre and major street frontage is provided, as shown on the trafficways plan;
         (c)   Golf course, private or public, or country club; provided, that the chief activity is for recreational purposes and any commercial activity is accessory or incidental thereto;
         (d)   Home occupation; provided that, it is in keeping with the meaning of “home occupation”, as defined in § 153.004 of this chapter;
         (e)   Junior high or senior high schools; provided that, they have major street frontage as shown on the trafficways plan;
         (f)   Library; provided that, such library has major street frontage as shown on the trafficways plan;
         (g)   Parking lot required to serve the uses permitted in this district;
         (h)   Plant nursery; provided that, no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises;
         (i)   Temporary bulletin board or sign not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold; and
         (j)   Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.
      (2)   Accessory buildings. Accessory buildings which are not a part of a main building may include one private garage.
(Prior Code, § 10-7A-3)
   (D)   Area, setback and height regulations.
 
Min. Lot
Area
Min. Lot
Frontage
Max.
Percent
Coverage
Max.
Height
Front
Yard
Setback
Side Yard
Setback
Rear
Yard
Setback
9,000 sq. ft.
70’
30% interior
35% corner
35’
30’
5’ interior lots
20’
15’ street
side of
corner lots
 
      (1)   Side yard.
         (a)   For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet.
         (b)   For a principal building other than a one-family dwelling, the minimum width of a side yard shall be not less than one-half the height of the building, but in no case less than 15 feet.
      (2)   Rear yard. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that, no accessory building shall be located closer than five feet to the rear lot line.
      (3)   Lot size requirements. The frontage of any wedge shaped lot which meets the requirements of minimum lot size may be a minimum of 40 feet; however, the front building line on the lot shall be a minimum of 70 linear feet measured at an equal distance parallel to and from the front lot line.
(Prior Code, § 10-7A-4)
   (E)   Off-street parking. Except as provided for elsewhere in this chapter, all permitted uses in the R-1 Residence District shall comply with the following minimum requirements for off-street parking:
 
Type Of Use
Parking Space Required
Schools, elementary schools, junior and senior high schools, including public, private and parochial schools
1 off-street parking space for each employee, plus 1 for each classroom, plus 1 for each 50 square feet of assembly area with stationary or movable seats
Single-family dwellings
1 off-street parking space for each dwelling unit
Utilities service installations
1 off-street parking space for each 400 square feet of floor space
Other uses permitted
1 off-street parking space for each 5 seats provided for patron use, or 1 space for each 400 square feet of gross floor area used or intended to be used for service to the public, as customers, patrons or clients, whichever requires the greatest number of parking spaces; the open space required by front yard requirements shall not be used for parking
 
(Prior Code, § 10-7A-5)
   (F)   Sewer service. No dwelling unit in an R-1 Single-Family District shall be constructed which is not provided with an effective connection to a public sewer system unless or until the county’s Public Health Officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his or her decision, the county’s Public Health Officer may require such percolation tests as he or she deems to be necessary. Such tests shall be made at the expense of the homeowner.
(Prior Code, § 10-7A-6)
   (G)   Signs and billboards. No signs, billboards, posters, bulletin boards or other similar matter shall be permitted in the R-1 Single-Family Residential District, except as follows:
      (1)   Temporary signs. Temporary signs not to exceed the duration of six months to advertise the premises for sale, rent or lease, except original sale;
      (2)   Church bulletin board. One bulletin board not exceeding 50 square feet may be erected by each church;
      (3)   Public notices. Official public notices may be erected on affected property; and
      (4)   Nameplate. One unilluminated nameplate not exceeding two square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises.
(Prior Code, § 10-7A-7)
(Ord. 2009-3, passed 5-15-2009)
§ 153.055 R-2, GENERAL RESIDENTIAL DISTRICT.
   (A)   General description. This residential district is intended to provide for both low and moderate population density. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar higher density residential development. The intent is to encourage the development and the continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which serves the multi-family dwelling or similar residential uses in this district and discourage any use which, because of its characteristics or size, would create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for multi-family or other similar residential uses.
(Prior Code, § 10-7B-1)
   (B)   Uses permitted.
      (1)   Principal uses. The following uses are permitted in any R-2 General Residential District, and are subject to all the general provisions and regulations of this chapter:
         (a)   Any use permitted in § 153.054(B) of this chapter for the R-1 Single-Family District;
         (b)   Duplexes;
         (c)   Multi-family dwellings; and
         (d)   Rooming or boarding houses.
      (2)   Accessory buildings and uses. Accessory buildings and uses customarily incidental to the above uses are permitted when located on the same lot.
(Prior Code, § 10-7B-2)
   (C)   Uses permitted subject to additional requirements.
      (1)   Principal uses. The following uses are permitted; provided, they meet the requirements noted for each use in addition to applicable area regulations:
         (a)   Childcare centers or day nurseries; provided that, such centers or nurseries are located on a lot not less than 10,000 square feet in area and have their principal access on a major street as shown on the trafficways plan;
         (b)   Convalescent homes, rest homes, nursing homes and hospitals, public or private; provided that, they have frontage on a major street as shown on the trafficways plan;
         (c)   Lodges and other service institutions; provided that, they are located on a lot of not less than one acre and have frontage on a major street as shown on the trafficways plan; and
         (d)   Mobile home courts, in compliance with division (H) below.
      (2)   Uses in R-1 District. Any uses permitted subject to additional requirements in § 153.054(C) of this chapter for the R-1 Single-Family Residence District, are permitted in this district.
(Prior Code, § 10-7B-3)
   (D)   Area, setback and height regulations.
 
Min. Lot Area
Min. Lot Frontage
Max. Percent Coverage
Max. Height
Front Yard Setback
Side Yard Setback
Rear Yard Setback
6,000 sq. ft.
50%
50%
Single-family 35’
25’
5’
20’
 
      (1)   Front yard.
         (a)   When a yard has double frontage, the front yard requirements shall be complied with on both streets; and
         (b)   One foot of setback for each one foot of height for all uses other than single-family and duplex.
      (2)   Side yard.
         (a)   For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet; and
         (b)   One foot of setback for each one foot of height for all uses other than single-family and duplex.
      (3)   Rear yard.
         (a)   Unattached buildings of accessory uses may be located in the rear yard of a main building; provided, however, that, no accessory building shall be located closer than five feet to the rear lot line; and
         (b)   One foot of setback for each one foot of height for all uses other than single-family and duplex.
      (4)   Lot size requirements. There shall be a lot area of not less than 8,000 square feet for a two-family dwelling, and an additional area of not less than 2,000 square feet for each unit, more than two. If the lot is a wedge shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the front building line of the lot is a minimum of 70 linear feet.
(Prior Code, § 10-7B-4)
   (E)   Off-street parking. In the R-2 General Residential District, the off-street parking requirements are the same as those in § 153.080 of this chapter.
(Prior Code, § 10-7B-5)
   (F)   Sewer service. No dwelling unit in an R-2 General Residential District shall be constructed which is not provided with an effective connection to a public sewer system unless and until the county’s Public Health Officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his or her decision, the Health Officer may require such percolation tests as he or she deems to be necessary. Such tests shall be made at the expense of the homeowner.
(Prior Code, § 10-7B-6)
   (G)   Signs and billboards. The control of signs and billboards in the R-2 General Residential District is the same as that in § 153.054(G) of this chapter for the R-1 Single-Family Residential District.
(Prior Code, § 10-7B-7)
   (H)   Mobile home park or court. Upon compliance with the provisions as set forth herein, a mobile home trailer park will be allowed within the R-2 General Residential District.
      (1)   Site plan. The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
      (2)   Requirements for site.
         (a)   The proposed site shall be a minimum of two acres in size and shall contain no more than ten mobile home stands per acre.
         (b)   The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the trafficways plan. All access or egress by automobiles will be on such streets.
         (c)   The proposed site shall be a minimum of 200 feet in depth.
      (3)   Occupancy. It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than 10% of the mobile home stands devoted to purely transient purposes. These purely transient stands shall be located in one area of the park so they will in no way interfere with the permanent residents.
      (4)   Yards. The proposed site shall have a front yard of not less than 20 feet from the corner line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet from any solid fencing, screen planting or wall of six feet in height.
      (5)   Screening. The proposed site shall be screened or buffered on all sides with a solid wall fence six feet in height or a screen planting which will attain at least six feet in height.
      (6)   Parking. The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each four mobile home stands.
      (7)   Connection to utilities. The proposed site shall provide a connection for each mobile home stand to all public utilities considered necessary for the health, safety and general welfare of the public.
(Prior Code, § 10-7B-8)
(Ord. 2009-3, passed 5-15-2009)
§ 153.056 C-1, CONVENIENCE COMMERCIAL DISTRICT.
   (A)   General description. This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the suburban convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.
(Prior Code, § 10-8A-1)
   (B)   Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the conditions and restrictions enumerated below:
      (1)   Principal uses. Any of the following uses shall be permitted:
         (a)   Artist supplies and hobby shops;
         (b)   Automobile service stations;
         (c)   Bakery shops;
         (d)   Barber and beauty shops;
         (e)   Bookstores;
         (f)   Clothing or wearing apparel shops;
         (g)   Dairy products stores;
         (h)   Delicatessens;
         (i)   Drugstores;
         (j)   Florist shops;
         (k)   Gift shops;
         (l)   Grocery stores;
         (m)   Hardware stores;
         (n)   Jewelry stores;
         (o)   Laundry and dry cleaning pick-up stations;
         (p)   Liquor stores;
         (q)   Medical facilities;
         (r)   Offices, general;
         (s)   Pharmacies;
         (t)   Public uses;
         (u)   Restaurants;
         (v)   Self-service laundries;
         (w)   Shoe repair shops;
         (x)   Tailor shops;
         (y)   Taverns;
         (z)   Toy stores; and
         (aa)   Variety stores.
      (2)   Other uses. Any other commercial uses deemed by the Board of Adjustment to be of a similar nature; and
      (3)   Accessory buildings and uses. Accessory buildings and uses customarily incidental to the above uses shall be permitted.
(Prior Code, § 10-8A-2)
   (C)   Area, setback and height regulations.
 
Min. Lot Area
Min. Lot Frontage
Max. Percent Coverage
Max. Height
Front Yard Setback
Side Yard Setback
Rear Yard Setback
12,000 sq. ft.
100’
50%
35’
50’
10’
20’
 
      (1)   Minimum area. The parcel of land on which a convenience commercial center is located shall not be less than 12,000 square feet, nor more than two acres, in area.
      (2)   Yard requirements. It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards.
         (a)   All buildings shall be set back from all street right-of-way lines not less than 50 feet.
         (b)   On the side of a lot adjoining a residential district, there shall be a side yard setback of one foot for each one foot of height.
(Prior Code, § 10-8A-3)
   (D)   Bulk limitations; floor area ratio. In no instance shall the total floor space of the structures in this district exceed the relationship of one to four (1:4) (i.e., there must be provided four square feet of lot area to each one square foot of floor space in the structure).
(Prior Code, § 10-8A-4)
   (E)   Off-street parking. In the C-1 Convenience Commercial District, three square feet of off-street parking space, dedicated to parking and automobile maneuvering, must be provided for each one square foot of total floor space.
(Prior Code, § 10-8A-5)
   (F)   Sewer service. No structure or use in any commercial district shall be erected or commenced which does not have a connection to the public sewer system, unless and until the county’s Health Officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his or her decision, the Health Officer may require such percolation tests as he or she deems to be necessary. Such tests shall be made at the expense of the landowner.
(Prior Code, § 10-8A-6)
   (G)   Signs and billboards. All signs in the C-1 District shall be erected upon private property and shall not encroach upon any public street or walk, except as provided by the applicable municipal codes; and, in addition, signs shall not overhang at a height of less than nine feet and shall not have a maximum projection greater than 72 inches.
      (1)   Projection sign. Any projection sign in the C-1 District shall not exceed 50 square feet in size, nor will it exceed the height of the building.
      (2)   Incandescent lighting. No source of incandescent lighting used for illuminating signs shall be directly visible from any street or highway or from any residence, hotel or from any room used for sleeping purposes.
      (3)   Red, green or amber illumination.
         (a)   The use of red, green or amber illumination in connection with any sign shall not be permitted within 100 feet of any intersection.
         (b)   Any use of red, green or amber illumination in connection with any sign must be so located that it in no way creates a confusion with any traffic signal or may be interpreted by any motorist as a traffic signaling device.
      (4)   Shopping centers. All advertising signs relating to a shopping center, and the stores and shops therein shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center.
(Prior Code, § 10-8A-7)
(Ord. 2009-3, passed 5-15-2009)
§ 153.057 C-2, HIGHWAY COMMERCIAL AND COMMERCIAL RECREATION DISTRICT.
   (A)   General description. This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which may serve the entire community, but do not and should not locate in the Central Business District or the Convenience District.
(Prior Code, § 10-8B-1)
   (B)   Uses permitted.
      (1)   Uses in C-1 District. Any use permitted in the C-1 Convenience Commercial District;
      (2)   Principal uses. Other uses, including:
         (a)   Advertising signs or structures;
         (b)   Ambulance services, offices or garages;
         (c)   Amusement enterprises;
         (d)   Automobile sales and service (new and used); new and used machinery sales and service; and public garages;
         (e)   Automobile service stations;
         (f)   Bakeries;
         (g)   Boat sales;
         (h)   Bowling alleys;
         (i)   Bus terminals;
         (j)   Clothing stores;
         (k)   Dance halls;
         (l)   Department stores;
         (m)   Drive-in theaters or restaurants;
         (n)   Electric transmission stations;
         (o)   Feed and fuel stores;
         (p)   Food stores;
         (q)   Frozen food lockers;
         (r)   Funeral parlors;
         (s)   Furniture repair and upholstery;
         (t)   Garden stores;
         (u)   Golf courses, miniature or practice ranges;
         (v)   Heating and plumbing safes and services;
         (w)   Hospital for small animals;
         (x)   Ice plants;
         (y)   Interior decorating stores;
         (z)   Kennels;
         (aa)   Key shops;
         (bb)   Laundries;
         (cc)   Motels;
         (dd)   Music, radio and television shops and repair shops;
         (ee)   Nightclubs;
         (ff)   Novelty shops;
         (gg)   Pawnshops;
         (hh)   Pet shops;
         (ii)   Printing plants;
         (jj)   Public uses;
         (kk)   Recreation centers, private;
         (ll)   Research laboratories;
         (mm)   Roller skating rinks;
         (nn)   Sign painting shops;
         (oo)   Sporting goods stores;
         (pp)   Stockbrokers;
         (qq)   Taverns;
         (rr)   Theaters;
         (ss)   Toy stores;
         (tt)   Travel trailer parks and sales; and
         (uu)   Wholesale distributing centers.
      (3)   Accessory buildings and uses. Buildings, structures and accessory uses customarily incidental to any of the above uses shall be permitted; provided that, there shall be no manufacturing of products other than such as are customarily incidental to retail establishments; and
      (4)   Certain other uses. Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration or traffic than those above.
(Prior Code, § 10-8B-2)
   (C)   Area, setback and height regulations.
 
Min. Lot Area
Min. Lot Frontage
Max. Percent Coverage
Max. Height
Front Yard Setback
Side Yard Setback
Rear Yard Setback
10,000 sq. ft.
100’
70%
45’
50’
1’ of setback per 1’ of height when abutting an R district
20’
 
(Prior Code, § 10-8B-3)
   (D)   Off-street parking. In the C-2 Highway Commercial and Commercial Recreation District, a minimum of three square feet of off-street parking space, dedicated to parking and automobile maneuvering, must be provided for each one square foot of total floor space.
(Prior Code, § 10-8B-4)
   (E)   Signs and billboards. The control of signs and billboards in the C-2 Highway Commercial and Commercial Recreation District is the same as that in § 153.056(G) of this chapter for the C-1 Convenience Commercial District.
(Prior Code, § 10-8B-5)
(Ord. 2009-3, passed 5-15-2009)
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