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A. Distance Restriction: It shall be unlawful for any person, firm or corporation to locate or relocate, construct or enlarge any structure on or make any use upon any property located within three hundred feet (300') of the boundaries of the Fort Gibson Military Park, which, in the judgment of the Oklahoma historic society of the state of Oklahoma, the Fort Gibson historic preservation and landmark commission, or the board of trustees, would adversely affect the environment of the Fort Gibson Military Park or the town.
B. Application For Permit: Any person, firm or corporation desiring to make use of the area described in subsection A of this section shall submit an application to the board of trustees setting forth therein a complete description of the structure to be located, relocated, constructed or reconstructed, together with plans of the same.
C. Issuance Of Permit: If such application and plans are approved, then the board of trustees shall cause to be issued to the applicant a permit upon the payment of the fee pursuant to subsection 10-1-2D of this chapter, to the town.
D. Nonconforming Structures And Uses: The following structures and uses shall be deemed nonconforming structures and uses:
1. Mobile Homes: No mobile homes shall be located in the territory covered by subsection A of this section.
2. Residential Buildings: No residential building shall be located in the area covered by subsection A of this section, unless the same is in keeping with the general type of construction in the area.
3. Commercial Activities: No commercial or business activity shall be conducted in the area such as alcoholic beverage stores, dance halls, junk, salvage or used automobile yards, gasoline stations or any combustible materials.
4. Existing Structures: Where any lawful structures exist at the effective date hereof and could not be lawful under the terms of this section by reason of restrictions in the area, such structure may be used so long as it remains in the same condition and used for the same purpose as it was when this section became effective.
5. Enlargement, Alteration, Moving Structures: No existing structure devoted to a use not permitted by this section shall be enlarged, extended, reconstructed, moved or structurally altered. (Ord. 1997-3-1, 3-10-1997)
E. Violation; Penalty: Any and each violation of any of the provisions contained in this section is an offense against the town and, upon conviction of such an offense, the violator shall be punished according to section 10-1-8 of this chapter. (Ord. 1997-3-1, 3-10-1997; amd. 2006 Code)