As indicated for each use, the following standards apply either to nonresidential Limited Uses that are approved by the City Planner, subject to potential referral to the Planning Commission, or to nonresidential uses that require Specific Use Permit approval by the City Council, upon recommendation of the Planning Commission, or to both. Specific uses are also subject to any other conditions of approval necessary to satisfy the criteria set out in Subsection D, General Standards for Specific Use Permits, above.
A. Antenna: Wireless Telecommunication may be allowed as a limited or specific use, and a primary or accessory use, as specified in the Zoning/Land Use Matrices, if:
1. Antennas and antenna supporting structures shall not exceed 60 feet of aggregate height, as measured at grade, unless approved by the City Council, after Planning Commission review and recommendation. However, in no case shall any antenna and/or antenna supporting structure exceed 150 feet in aggregate height as measured at grade.
2. Each request for an antenna and/or an antenna supporting structure shall be accompanied by a site plan application which shows all proposed improvements.
3. There shall be a minimum spacing of one-half mile between all existing and proposed antenna and antenna supporting structure sites excluding those structures which do not have as their principal purpose antenna placement or support. Written evidence shall be presented to the City by the applicant that the antenna and/or antenna supporting structure is no closer than one-half mile from any existing site or site for which an application is pending with the City. However, upon action of the City Council, after Planning Commission review and recommendation, the one-half mile separation requirement may be waived for sites located within industrial districts, provided that no antenna/antenna supporting structure shall be within 1,000 feet of an existing or approved antenna/antenna supporting structure site.
4. The antenna and/or antenna supporting structure shall be separated by 500 feet from any residential district boundary line and 300 feet from any office district boundary line. Within the agricultural district, no tower shall be located within 500 feet of a residential dwelling. The antenna and/or antenna supporting structure shall meet the setback requirements of the district in which it is located.
5. The antenna and/or antenna supporting structure shall be subject to initial and continuing compliance with all other applicable local, state and federal codes and standards for operation of that particular facility. These requirements shall include, but are not limited to, meeting the standards and requirements of the Federal Aviation Administration, Federal Communications Commission, and the Electronic Industries Association and American National Standards Institute.
6. The antenna and/or antenna supporting structure shall be buffered with landscaping and vegetative or other screening to mitigate the operation and visual impacts of such abutting and adjacent uses. A wall or chain-link fence not less than eight feet in height from finished grade shall be provided around any high voltage equipment, and access shall be through a locked gate.
7. Equipment, mobile or immobile, that is not necessary for direct support of the use shall not be stored or parked on the site unless repairs to the facility are being made.
8. If the operation and use of the antenna and/or antenna supporting structure ceases for a period of 180 days, unless City approval is given again within 60 days of the expiration of the 180 day period, it shall be removed by the owner at the owner’s cost or subject to removal by the City at the expense of the owner.
9. The antenna and/or antenna supporting structure shall be designed and constructed in such a manner as to accommodate collocation of a minimum of two wireless telecommunications systems, personal communications systems, or other such technologies, unless it can be demonstrated by the applicant to the satisfaction of the City that such collocation was not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities.
10. If collocation is determined by the City to unreasonably impede or impair the operation of the proposed facility, a minimum spacing of one-half mile from other such facilities shall be met, unless a waiver is granted, as set out in Item “3.” for this use.
11. The antenna supporting structure shall be of monopole design unless the applicant can demonstrate that an alternative design is necessary due to technical considerations or would result in less visual impacts.
12. Certification from a Professional Engineer licensed to practice in the State of Oklahoma shall be submitted that the antenna and antenna supporting structure is designed and constructed in such a manner as to accommodate the collocation of a minimum of two wireless telecommunications system providers, and that it meets the standards of the American National Standards Institute and the Electronic Industries Association and would not result in disruption of any other wireless or other communication networks. Further, certification from such engineer shall be required upon completion of the construction and prior to commencement of operation that the antenna and antenna supporting structure has, in fact, been constructed in accordance with the plans approved by the City.
13. Operators of such facilities shall provide the City Planner with 30 day prior written notice of any changes or modification in the operation of the facility that would cause the facility to no longer be in compliance with all requirements listed above for this use and any conditions of City approval. Said notice shall include detailed information about the nature of all such changes. Minor changes may be approved administratively. Major changes shall require a new SUP application. Changes made without prior notice to the City that are determined to be major shall constitute cause for the City to summarily revoke the original SUP approval and become the basis for requiring submission of a new application to continue operation, or the basis for invoking the enforcement and remedy proceedings set out in Chapter 11.
14. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
15. If an antenna is installed on a structure other than a tower, the antenna shall not extend more than 20 feet above the highest point of the building structure, or if located on an architectural feature such as a steeple or bell tower, the antenna shall not protrude above the structure.
16. The following antennas may be permitted as a limited use:
a. Antennas that are to be attached to existing support structures, provided that each new antenna does not exceed the initial approved aggregate height for the entire structure.
b. Antennas attached to an existing City owned building or structure, or a utility structure, provided that the antenna(s) comply with Subsections “13.” and “14.” above.
B. Nursing Home may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if:
1. The nursing home is licensed by the Oklahoma Health Department as an intermediate care facility or as a skilled nursing home; and
2. When located on a lot abutting any lot zoned RE, RS, or RD, a Type C bufferyard shall be provided along the said abutting residential property line.
C. Office Accessory Use may be allowed as a limited accessory use within an office building or office complex, on a property zoned OL or OM, as specified in the Zoning/Land Use Matrices, if:
1. The use is necessary and appropriate for the convenience of the office occupants, such as, but not limited to, hair care, bookstore, florist, gift, novelty, pharmacy, newsstand, shipping, stationery and office supplies, dine-in restaurant, café, or cafeteria;
2. The use is structurally integral within the principal building, is located entirely within the principal building, and has no direct exterior public access, excluding required fire exits;
3. Multiple such uses in one office building are collectively limited to an area no greater than 15 percent of the gross first floor area of the building;
4. Any individual restaurant occupies an area no greater than five percent of the gross first floor area of the building; and
5. Exterior signs, including window signs, identifying the use are prohibited.
D. Oil and Gas Well Drilling and Operation may be allowed as a specific use, as specified in the Zoning/Land Use Matrices, subject to:
1. The provisions of City Code, Title 3, Chapter 3, Section 3-7-1, Subsection B; and
2. Applicable requirements of Title 12, Subdivision Regulations, Chapter 5, Section 12-5-12, Oil and Natural Gas Extraction.
E. Sexually Oriented Businesses are permitted as a specific use, as specified in the Zoning/Land Use Matrices, subject to:
1. Definitions. As used herein, the following terms shall have the meanings ascribed to them below:
a. SEXUAL CONDUCT includes the following meanings:
(1) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
(2) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy;
(3) Masturbation; and
(4) Excretory functions as part of or in connection with any of the activities set forth in this definition.
b. SEXUALLY ORIENTED BUSINESSES include the following:
(1) Adult Amusement Or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to “sexual conduct” or “specified anatomical areas”, as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
(2) Adult Bookstore: An establishment having, as a significant portion of its stock in trade, books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(3) Adult Mini-Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(4) Adult Motel: A motel wherein material is presented as part of the motel services via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(5) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(6) Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(7) Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
(8) Model Studio: Any place, other than university or college art classes, where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
(9) Sexual Encounter Center: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to, bathhouses, massage parlors, and related or similar activities.
c. SPECIFIED ANATOMICAL AREAS: as used in this Section, shall include the following:
(1) Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. Location.
a. No person shall cause or permit the establishment of any of the “sexually oriented businesses”, as defined in Subsection E.1. above, in an area zoned other than CS and CG.
b. No person shall cause or permit the establishment of any of the “sexually oriented businesses”, as defined in Subsection E.1. above, within:
(1) 1,000 feet of any other sexually oriented business;
(2) 500 feet of a place of worship;
(3) 500 feet of a school which offers a compulsory education curriculum;
(4) 500 feet of a public or private park;
(5) 300 feet of any residential zoning district; or
(6) 300 feet of a non-arterial street that provides access to a residentially zoned area.
3. Interpretation.
a. The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in this Subsection.
b. Nothing in this Section is intended to make legal any business or activity that is expressly declared illegal under the provisions of this Title or under any state or federal laws.
F. Temporary Open Air Facilities may be allowed as a specific use, as specified in the Zoning/Land Use Matrices, if the event does not exceed 60 days.
G. Wind Energy Conversion Systems (WECS) may be allowed as a limited or specific use, as specified in the Zoning/Land Use Matrices, if all of the following requirements are met:
1. All WECS tower structures comply with the design and construction techniques in the current City Codes, as set out in Title 10. Compliance with all code requirements shall be sealed and certified in writing by the manufacturer’s engineer or a professionally registered structural engineer.
2. Towers have either tower climbing apparatus located not closer than 12 feet from the ground or have a locked anti-climb device installed on the tower.
3. Safety wires are installed on the turnbuckles of the guywires for all guyed WECS towers.
4. The WECS is equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The conformance of rotor and over-speed control design with good engineering practices shall be certified by the manufacturer’s engineering staff or by a registered mechanical engineer. The compatibility of the tower and the rotor shall also be certified by the manufacturer or by a registered mechanical engineer.
5. If a WECS is within 300 feet of a structure or a tree, the lowest moving part is not more than 30 feet above the highest structure or potential tree height, whichever is higher, and does not exceed 60 feet.
6. No part of a WECS is located within, or over, a drainage, utility, or other established easements or located within, or over, any required minimum front, side, or rear yard setbacks or bufferyards. (Ord. 746, 11-14-2017)