ORDINANCE NO. 2023-10
AN ORDINANCE AMENDING THE ENID MUNICIPAL CODE, 2014, TITLE 11, ENTITLED “ZONING”, CHAPTER 1, ENTITLED “PURPOSE, INTERPRETATION; DEFINITIONS” TO AMEND SECTION 11-1-7 “DEFINITIONS” TO CLARIFY THE DEFINITION OF A “COMMERCIAL MEDICAL MARIJUANA GROW FACILITY” TO SPECIFY THE GROW FACILITY MUST BE A FACTORY GROUP BUILDING OR OCCUPANCY; CHAPTER 5 “AGRICULTURAL (GENERAL) DISTRICT” SECTION 11-5-2 “PERMITTED USES” TO REMOVE COMMERCIAL MEDICAL MARIJUANA GROW FACILITY; CHAPTER 7 “COMMERCIAL DISTRICTS”, ARTICLE B “C-1 LIGHT COMMERCIAL DISTRICT” SECTION 11-7B-2 “DISTRICT USE REQUIREMENTS” TO PROHIBIT COMMERCIAL MEDICAL MARIJUANA GROW FACILITY; ARTICLE D “C-3 GENERAL COMMERCIAL DISTRICT”, SECTION 11-7D-2 “DISTRICT USE REQUIREMENTS” TO PROHIBIT COMMERCIAL MEDICAL MARIJUANA GROW FACILITY AND EXPRESSLY PROVIDE FOR MEDICAL MARIJUANA DISPENSARIES ; CHAPTER 8 “INDUSTRIAL DISTRICTS”, ARTICLE A “I-1 PLANNED INDUSTRIAL PARK DISTRICT”, SECTION 11-8A-5 “PERMITTED USES: TO ALLOW “COMMERCIAL MEDICAL MARIJUANA GROW FACILITY”; ARTICLE B “I-2 INDUSTRIAL (LIGHT) DISTRICT”; SECTION 11-8B-3 “PERMITTED USES” TO ALLOW A COMMERCIAL MEDICAL MARIJUANA PROCESSOR; PROVIDING FOR REPEALER, SAVINGS CLAUSE, SEVERABILITY AND CODIFICATION.
ORDINANCE
BE IT ORDAINED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF ENID, OKLAHOMA:
Section I: That Title 11, Chapter 1, Section 11-1-7 “Definitions” of the Enid Municipal Code, 2014, is to be amended to add in the appropriate alphabetical order the following definition to read as follows:
COMMERCIAL MEDICAL MARIJUANA GROW FACILITY: A lot, Factory Group building or occupancy, as defined by the International Building Code Section 306 or structure, or combination thereof, and licensed by the Oklahoma Medical Marijuana Authority to grow marijuana, but excluding the retail sale of said plants on the premises.
Section II: That Title 11, Chapter 5, “A Agricultural (General) District”, Section 11-5-2 of the Enid Municipal Code, 2014 is amended to read as follows:
11-5-2: PERMITTED USES:
A. Permitted Uses:
Cemetery.
Commercial Medical Marijuana Grow Facility.
General gardening and agriculture.
Golf course.
Group home limited in density to five (5) or fewer residents not including staff.
Home occupation.
Mining, quarrying and earth extraction including drilling for oil and gas.
One-family dwelling.
Park or playground.
Plant nursery or greenhouse.
Public or private stable or riding academy.
Public utility buildings and facilities.
Raising of livestock, but not including commercial feed lots, slaughtering, concentration of livestock in a greater number than can normally be pastured and fed on the premises nor the commercial processing of agricultural products.
Religious institutions.
Runways, heliports, and helistops for privately owned airplanes or helicopters. Small wireless facility.
Watershed protection, including waterways, ponds, lakes and diversion channels.
Section III: That Title 11, Chapter 7, “Commercial Districts”, Article B, “C-1 Light Commercial District, Section 11-7B-2 of the Enid Municipal Code , 2014 is amended to read as follows:
11-7B-2: DISTRICT USE REGULATIONS:
A. Uses Permitted: Property and buildings in the C-1 Light Commercial District shall be used only for the following purposes:
Any use permitted in the C-O District.
Accounting and insurance offices, banks, loan companies, real estate offices, and other businesses which perform services on the premises.
Dry cleaning establishments or pickup stations dealing directly with the consumer.
Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as, but not limited to, bakeries, book and stationary stores (retail), clothing, convenience stores, dairy products, delicatessen, dry goods, florist, groceries, hardware, meat market, notions, pharmacies, and self-service gas stations (no repair).
Personal service establishments which perform services such as, but not limited to, appliance and small item shops (watches, radio, television, shoe, etc.), beauty parlors or barbershops, dance schools, photographic, artists, and other miscellaneous studios, post offices, self-service laundries, tailor shops, and governmental offices buildings serving persons living in adjacent residential areas.
Professional services, including medical clinics (outpatient only) and offices of doctors, dentists, osteopaths, and similar professions.
Uses Permitted By Review: The following uses may be permitted after review in accordance with section 11-14-1 of this title:
Bars, taverns, or other establishments dispensing beer for consumption on the premises. Billiard parlors, pool halls.
Building, plumbing, electrical, and mechanical contractor shops.
Business schools.
Car wash.
Ceramic shops.
Commercial greenhouses and garden supply shops.
Commercial Medical Marijuana Grow facility.
Mortuary establishments.
Public or private parking lots needed to accommodate any use permitted in the commercial zoning districts.
Restaurants, cafes, or drive in restaurants.
Service stations (excluding body repair work).
Other uses which, in the opinion of the planning commission, are similar to the above uses and are in keeping with the general description of the zoning district and meet the conditions for authorization as specified in subsection
11-14-1B of this title. (Ord. 80-29, 12-16-1980 as amended)
Section IV: That Title 11, Chapter 7, “Commercial Districts”, Article D, “C-3” General Commercial District, Section 11-7D-2 of the Enid Municipal Code, 2014 is amended to read as follows:
11-7D-2: DISTRICT USE REGULATIONS:
A. Uses Permitted: Property and buildings in the C-3 general commercial district shall be used only for the following purposes:
Any use permitted in the C-1 Light Commercial District.
Automobile assembling, painting, upholstering, rebuilding, reconditioning, and bodywork.
Automobile sales and service.
Bakery (commercial or wholesale).
Banks, savings and loan, and finance companies.
Bars and taverns, private clubs.
Billiard and pool halls.
Bottling works.
Bowling alley.
Building, plumbing, electrical, and mechanical contractor shop.
Bus station or service.
Business schools.
Car wash.
Clothing store.
Commercial Medical Marijuana Grow facility.
Containers.
Dancing schools or studios.
Discount stores.
Dry cleaners or notion store.
Electrical shops.
Feed and seed store.
Florist or gift shop.
Food processing (retail on the premises).
Furniture store.
Garages (service, storage, or sales) for motor vehicles.
Glass fabrication and installation.
Grocery store.
Hardware store.
Itinerant merchant/transient vendor.
Jewelry.
Kennel.
Laundry or dyeing establishment.
Manufacture of articles sold only at retail on the premises.
Medical facilities (hospitals, clinics).
Medical marijuana dispensary.
Metal fabrication, light (sheet metal, ducts, gutters, and leaders).
Miniature golf course or commercial driving range.
Ministorage, rental storage.
Mobile home sales.
Motel or hotel.
Movie theaters.
Music stores, studios.
Offices.
Optical and scientific instruments and jewelry manufacturing.
Pawnshops, secondhand, and auction stores.
Pet store.
Printing, lithographic, or publishing company.
Public garages.
Public parking lots.
Radio and television broadcasting studios.
Recreational facilities (including swimming pool).
Restaurants, drive-in restaurants.
Service stations.
Shoe store and repair.
Small animal hospitals.
Taxi service.
Taxidermist.
Television and radio repair shops.
Tourist courts and motels (for travel, camp trailers).
Transfer and storage offices.
Upholstering shops.
Weaving apparel (fabrication and processing).
Wholesale sales office and sample rooms.
Section V: That Title 11, Chapter 8, Industrial Districts, Article A, “I-1 Planned Industrial Park District”, Section 11-8A-5 of the Enid Municipal Code, 2014 is amended to read as follows:
11-8A-5: PERMITTED USES:
Uses permitted in the planned industrial park may include the following:
Any use charged with the principal function of basic research, design and pilot or experimental product development.
Any use, except dwellings, permitted in the C-3 General Commercial District.
No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in this district.
Administrative and professional offices.
Apparel (clothing) and other products manufactured from textile.
Automobile and truck sales operations; provided, that the storage of vehicles kept for servicing and repair must be totally screened from public view.
Banks and financial institutions.
Building, plumbing, electrical, and mechanical contractors' warehousing; provided, that the storage of materials and supplies are contained within an enclosed building totally screened from public view.
Cameras and other photographic equipment and supplies.
Containers.
Commercial Medical Marijuana Grow Facility.
Dentures and drugs.
Jewelry.
Laboratories - medical, dental, research, testing.
Manufacture and assembly of electrical and electronic products.
Medical appliances.
Musical instruments.
Plastic products.
Precision instruments.
Printing, newspaper publishing and binding.
Retailing of agricultural machinery, equipment and supplies normally required for farming operations, but excluding heavy equipment commonly used in dirt or paving construction.
Sporting and athletic equipment.
Temporary industrial work force housing.
Toys.
Wholesale operations; provided, that the storage of materials and supplies are contained within an enclosed building or totally screened from public view.
Any other manufacturing or service establishments that, in the opinion of the planning commission, are similar in use to the type listed above.
Section VI: That Title 11, Chapter 8, Industrial Districts, Article B, “Industrial (Light) District”, Section 11-8B-3 of the Enid Municipal Code, 2014 is amended to read as follows:
11-8B-3: PERMITTED USES:
Uses; Restrictions:
1. Uses Permitted:
Any use, except dwellings, permitted in the commercial districts.
No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in this district, except in accordance with section 11-8B-4 of this article.
Building material sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.
Containers.
Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
Freighting or trucking yard or terminal.
Oil field equipment storage yard.
Public utility service yard or electrical receiving or transforming station.
Sale barn.
Temporary industrial work force housing.
Wholesale liquor warehouse.
2. Restrictions:
No article or material permitted in this district shall be kept stored or displayed outside the confines of a building when abutting a residential zone or residential development, unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
Uses Within Enclosed Building: The following uses when conducted within a completely enclosed building:
Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.
Blacksmith shop and machine shop, excluding punch presser over twenty (20) tons' rated capacity, drop hammer, and automatic screw machines.
Commercial Medical Marijuana Grow Facility and Processor.
Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.
Manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilation ducts, and equipment, cornices, eaves and the like.
Manufacture, compounding, assembly or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stone, shell textiles, tobacco, wood, yarn, and paint not employing a boiling process.
Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.
Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.
Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
Truck repair and overhauling, tire retreading or recapping and battery manufacturing.
C. Compliance With Pollution Regulations: The uses permitted under this section shall be conducted in such a manner that any noxious odor, fumes or dust generated beyond the property line of the lot on which the use is located will do so only with compliance with all city, state and federal pollution regulations.
Section VII: Repealer. All ordinances or parts thereof, which are inconsistent with this ordinance, are hereby repealed.
Section VIII: Savings Clause. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceedings now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
Section IX: Severability. If any one or more of the sections, sentences, clauses or parts of this ordinance, chapter or section shall, for any reason, be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance. It is hereby declared to be the intention of the City Commission of the City of Enid that this section of the Enid Municipal Code would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part not been included.
Section XX: Codification. This ordinance shall be codified as Title 11, Chapter 1, Section 11-1-7; Chapter 5, Section 11-5-2; Chapter 7, Article B, Section 11-7B-2; Article D, Section 11- 7D-2; Chapter 8, Article A, Section 11-8A-5; Article B, Section 11- 8B-3 of the Enid Municipal Code, 2014.
PASSED AND APPROVED by the Mayor and Board of Commissioners of the City of Enid, Oklahoma, on this 6th day of July, 2023.
CITY OF ENID, OKLAHOMA
/s/ David M. Mason
David M. Mason, Mayor
(SEAL)
ATTEST:
/s/ Summer Anderson
Summer Anderson, City Clerk
Approved as to Form and Legality:
/s/ Carol Lahman
Carol Lahman, City Attorney