Article 6 Specific District Regulations

§ 18-29 A-1 GENERAL AGRICULTURAL DISTRICT.

General Description. This district is intended to provide a location for the land situated on the fringe of the urban area that is used for agricultural purposes, but which will be undergoing urbanization in the near future. Many tracts in this district will be in close proximity to residential and commercial uses. Therefore the agricultural activities conducted in this district should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is authorized in other districts. The types of uses, required area, and the intensity of use of land permitted in this district is designed to encourage and protect agricultural uses so long as the land therein is devoted primarily to agriculture.

Uses Permitted. Property and buildings in an A-1 General Agricultural District shall be used only for the following purposes:

Detached one-family.

Church.

Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping.

Agriculture crops.

The raising of farm animals in accordance with the ordinances of the City of Weatherford, but not the operation of commercial feed pens for livestock. On all tracts of land containing less than 10 acres the raising of hogs shall be prohibited, and on all other tracts the number of hogs weighing more than 25 pounds shall not exceed 20 grain fed or three garbage fed hogs. Hogs shall not be located closer than 200 feet to the property line of the tract on which they are located.

Oil well or gas well, including the drilling thereof.

All of the following uses:

Country club and golf course

Home occupation

Library

Park or playground or public recreation area

Plan nursery

Transportation, pipeline and utility easements and rights-of-way.

Bulletin board or sign, not exceeding 40 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.

Accessory buildings which are not a part of the main building, including barns, sheds, and other farm buildings, and private garages and accessory buildings which are a part of the main buildings.

Conditional Uses Permitted on Review. The following uses may be permitted on review by the Planning Commission in accordance with the provisions contained in §18-60, Article 9 of this ordinance.

Airport or landing field.

Cemetery.

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one non-illuminated name plate not exceeding two square feet in area, attached to the main building.

Kennel.

Private marina, boat docks, golf course or driving range, or other private outdoor recreation activity.

Public stable or riding academy.

Radio and television stations and transmission towers.

Sewage lagoons.

Mobile home parks.

Any use not otherwise authorized by this ordinance.

Area Regulations. The area regulations are as follows:

Front Yard. All buildings shall set back from street right-of-way lines to comply with the following front yard requirements:

(1)

All buildings shall set back from a state or federal highway, county highway or section line road a minimum of 25 feet from the right-of-way line or 75 feet from the center line of the right-of-way easement, whichever is greater.

(2)

On all public roads or streets other than federal, state or county highways and section line roads all buildings shall set back a minimum of 25 feet from the right-of-way line or 55 feet from the center line of the right-of-way easement, whichever is greater.

(3)

If 25% or more of the lots of one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than six feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

(4)

When a lot has a double frontage the front yard requirements shall be compiled with both streets.

Side Yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than eight feet for dwellings of one story, except as hereinafter provided in §18-41, Article 7.

(2)

For unattached buildings of accessory use there shall be a side yard of not less than eight feet; provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located more than 90 feet behind the front lot line.

(3)

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 in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

(4)

Churches and main and accessory buildings, other than dwelling and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than 25 feet.

Rear Yard. There shall be a rear yard for a main building of not less than 20 feet or 20% of the depth of the lot whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.

Lot Width. For dwellings there shall be a minimum lot width of 50 feet at the front building line, and such lot shall abut on a street for a distance of not less than 35 feet.

Intensity of Use.

(1)

For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than one acre.

(2)

For churches and main and accessory buildings other than dwellings and buildings accessory to dwellings the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in Sections 18-49 through 18-56, Article 7.

Coverage. Main and accessory buildings shall not cover more than 25% of the lot area on interior lots, and 30% of the lot area on corner lots; accessory buildings shall not cover more than 20% of the rear yard. Dedicated public streets, alleys, and easements cannot be counted as lot area for the purpose of the calculation of coverage.

Height Regulations. No building shall exceed 2 1/2 stories or 35 feet in height except as provided in §18-42, Article 7.

§ 18-30 R-1 SINGLE-FAMILY DWELLING DISTRICT.

[Amended 1-29-1998, Ordinance 1998-1; 9-29-2005, Ordinance 2005-07]

General Description. This is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from the encroachment of uses which are not appropriate to residential environment. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of different uses.

Uses Permitted. Property and buildings in an R-1 Single-Family Dwelling District shall be used only for the following purposes:

Detached one-family dwelling.

Churches, but not including missions or revival tents or arbors.

Public schools or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

Public park or playground.

Library.

Transportation and utility easements, alleys, and rights-of-way.

Accessory buildings which are not a part of a main building, including one private garage.

A temporary bulletin board or sign, not exceeding 12 square feet in area appertaining to the lease, hire, sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

A church bulletin board or sign, not exceeding 25 square feet in area, attached to the main building or located behind the front building line on the same lot with the church building.

Temporary building of the construction industry which is incidental to the erection of buildings permitted in this district, and which shall be removed when construction work is completed.

Parking lot required to serve the uses permitted in this district.

General purpose garden, but not the raising of livestock.

Conditional Uses Permitted on Review. The following uses may be permitted on review by the Planning Commission in accordance with provisions contained in Article 9, §18-60.

Municipal use, public building and public utility.

Golf course or country club.

Double-wide trailer home.

Two-family dwelling.

Any use not otherwise authorized by this ordinance.

Area Regulations. All buildings shall be set back from street right-of-way and lot lines to comply with the following yard requirements:

Front Yard.

(1)

The minimum depth of the front yard shall be 25 feet; or

(2)

If 75% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line and no building varies more than six feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

(3)

When a lot has double frontage, the front yard requirements shall be complied with on both streets.

Side Yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than five feet for dwellings of one story, and of not less than 10 feet for dwellings of more than one story, except as hereinafter provided in Article 7, §18-41.

(2)

For unattached buildings of accessory use, there shall be a side yard of not less than five feet.

(3)

(4)

Churches and main accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than 25 feet.

Rear Yard. There shall be a rear yard for a main building of not less than 20 feet or 20% of the depth of the lot, whichever amount is smaller. Unattached accessory buildings shall not be located less than 10 feet from any other structure.

Lot Width. There shall be a minimum lot of 50 feet at the front building line for single-family and two-family dwellings and 10 feet additional width at the front building line for each family, more than two, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed 90 feet. A lot shall abut on a street not less than 35 feet.

Intensity of Use.

(1)

For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than 5,000 square feet.

(2)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in Article 7, Sections 18-49 through 18-56, provided, however, that the lot area for a church shall not be less than 21,000 square feet.

Coverage. Main and accessory buildings shall not cover more than 40% of the lot area. Dedicated public streets, alley, and easements cannot be counted as lot area for the calculation of coverage.

Height Regulations. No building shall exceed three stories or 45 feet in height except as provided in Article 7, §18-42.

§ 18-30A R1-CL SINGLE-FAMILY RESIDENTIAL ZERO LOT LINE DISTRICT.

[Amended 6-29-2001, Ordinance 2001-4]

General Description. This is a restrictive residential district whose principal use of land is the single-family detached home with a zero side yard setback. Provision is made for related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwelling and related facilities and through consideration of the proper functional relationship of each element. The district provides for a unique housing environment which is dissimilar to single family units allowed in the R-1 District regarding such elements as side yard building setbacks, usable side yard areas, intensity of and typical building orientation.

Uses Permitted.

Any uses permitted in an R-1 Residential District.

Attached one-family dwellings.

Detached, zero-lot line, one family dwellings.

Community recreation: property owners' association structures.

Uses Permitted On Review.

(1)

Municipal use, public building and public utility.

(2)

Golf course or country club.

(3)

Two-family dwellings.

(4)

Community recreation: Restricted.

(5)

Light public protection and utility: General.

(6)

Low impact institutional: Neighborhood related.

(7)

Library services and community centers.

(8)

Any use not otherwise authorized by this section.

Conditions for Approval.

(1)

Each use shall comply with all standards and provisions of this zoning district, unless specifically modified by this section.

(2)

The site shall front or have direct access to a street meeting minimum design standards.

(3)

No building shall be located closer than 25 feet to any lot line abutting any residential use.

(4)

Minimum lot size:

Light public protection and utility, general	20,000 square feet
Low impact institutional, neighborhood related	40,000 square feet
Library services and community size	40,000 square feet
Community recreation, restricted	80,000 square feet

(5)

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

(6)

No off-street parking or loading space shall be located closer than 20 feet to any lot line abutting a residential district.

Accessory Uses. The following are permitted subject to the regulations in the R-1 District.

General accessory structures.

Accessory uses with specific regulations:

(1)

Carport.

(2)

Fence.

(3)

Parking for recreational vehicle, boat and trailer or boat trailer.

(4)

Accessory signs, subject to the sign regulations in the R-1 District.

Home occupation.

Area Regulations.

All uses and buildings other than single-family dwellings shall be subject to the area regulations of the R-1 District.

Single-family dwellings.

(1)

Front Yards: Front yard requirements shall be the same as in the R-1 District.

(2)

Side Yards:

(a)

For attached dwellings, a zero side yard is allowed along a common fire wall when both units are built at the same time, provided that the remaining side yard is 10 feet or greater.

(b)

For unattached dwellings, including garages, one side yard may be reduced to zero providing:

(i)

A ten-foot maintenance and open space easement is secured on the lot adjoining the reduced side yard.

(ii)

The remaining side yard is not less than 10 feet and is perpetually maintained free and clear from any obstructions, other than a two foot eave overhang, landscaping and fencing.

(iii)

The wall located at the zero side yard is constructed with maintenance-free masonry and has no openings of any kind.

(iv)

No portion of the dwelling or architectural features project over any property line, except that a two foot eave shall be allowed. Guttering shall be required on the two foot overhang to divert water.

(v)

The zero side yard is not adjacent to a public or private right-of-way.

(c)

For all other unattached dwellings, side yard setbacks shall be the same as in the R-1 District.

(d)

On any corner lot a building shall be set back from the right-of-way line of the intersecting street a distance of 15 feet in case such lot is back to back with another corner lot, and 20 feet in every other case.

(e)

In no case shall a garage which faces a street be located closer than 20 feet to that street property line.

(3)

Rear Yards: There shall be a rear yard of not less than 10 feet. Unattached accessory buildings shall be set back one foot from any utility easement, alley easement or rear lot line.

(4)

Lot Width: There shall be a minimum lot width of not less than 50 feet at the building line, and no lot shall abut a street for a distance of less than 35 feet.

Accessory Buildings Other than Garages. Except as hereinafter provided in §18-30A, unattached, one-story buildings of accessory use shall be set back five feet from any interior side lot line, provided however, that accessory buildings shall not be required to be set back more than three feet from the interior side lot line when all parts of said building are located not more than 50 feet from the rear property line or rear utility easement line. Unattached accessory buildings shall not be located less than 10 feet from any other structure.

Intensity of Use.

(1)

Lot Area: There shall be a lot area of not less than 4,500 square feet per lot.

(2)

Coverage: Main and accessory buildings shall not cover more than 70% of the area of the lot; accessory buildings shall not cover more than 20% of the rear yard.

Height Regulations.

Except as provided in §18-42 of this Code, no building shall exceed 27 feet in height, unless side and rear setback lines are increased one foot for each additional foot of height above 27. However, the maximum height allowed shall be 35 feet.

Any accessory building exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12. Provided, however, that no accessory building shall exceed the height of the principal building to which it is accessory.

§ 18-31 R-2 GENERAL RESIDENTIAL DISTRICT.

[Amended 1-29-1998, Ordinance 1998-1; 1-29-1998, Ordinance 1998-2; 9-29-2005, Ordinance 2005-07]

General Description. This is a residential district to provide for medium and high population density. The principal use of land may range from single-family to multiple-family and garden apartment uses. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses are permitted. The recreational, religious and educational facilities normally required to provide an orderly and attractive residential area are permitted. Stability of property values, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and thorough consideration of the proper functional relationship of each use permitted in the district.

Uses Permitted. The following uses may be permitted:

Any use permitted in an R-1 Residential District.

Two-family dwelling.

Multiple-family dwelling.

Garage apartment, when located on a separate lot or on the same lot with another dwelling use.

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

Conditional Uses Permitted on Review. The following uses may be permitted on review by the Planning Commission in accordance with provisions contained in Article 9, §18-60.

Any use permitted on review in an R-1 Single-family Dwelling District.

Child care center.

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof and does not exceed two operators. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one non-illuminated nameplate, not exceeding two square feet in area, attached to the main building.

Institutions of a religious, educational or philanthropic nature.

Private clubs and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

Medical facility.

Trailer home or mobile home park (regulated by Chapter 12, Article 2, City Code of Weatherford).

An off-street parking lot associated with a C-Commercial use as required under the provisions of Article 7, Sections 18-49 through 18-56.

Bed and breakfast.

Area Regulations. All buildings shall be set back from street right-of-way lines or lot lines to comply with the following yard requirements:

Front Yard.

(1)

The minimum depth of the front yard shall be 25 feet; or

(2)

If 75% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater than 40 feet.

(3)

When a lot has a double frontage, the front yard requirements shall be complied with on both sides.

Side Yard.

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main dwelling of not less than five feet for dwellings of one story, and of not less than 10 feet for dwellings of more than one story, except as hereinafter provided in Article 7, §18-41.

(2)

For unattached buildings of accessory use there shall be a side yard of not less than five feet. §18-41.

(3)

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 in case such lot is back to back with another lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot. In no case shall a garage which faces a street be located closer than 20 feet to that street property line.

(4)

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall set back from all exterior and interior side lot lines a distance of not less than 25 feet.

Rear Yard.

(1)

For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20% of the depth of the lot, whichever is smaller. Unattached accessory buildings shall not be located less than 10 feet from any other structure.

(2)

Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than 10 feet to the rear lot line.

Lot Width. There shall be a minimum lot width of 50 feet at the front building line for single-family dwellings and 10 feet additional width at the front building line for each family, more than one, occupying a dwelling. However, a lot width at the front building line shall not be required to exceed 150 feet. A lot shall abut on a street not less than 35 feet.

Intensity of Use.

(1)

There shall be a lot area of not less than 5,000 square feet for a single-family dwelling, not less than 6,000 square feet for a two-family dwelling, and an additional area of not less than 500 square feet for each family, more than two, occupying a dwelling.

(2)

There shall be a lot area of not less than 6,000 square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family or multiple-family dwelling the lot area shall be not less than 500 square feet more than is required for the two-family or multiple-family dwelling.

(3)

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking area required in §§ 18-49 through 18-56, provided, however, that the lot for a church shall not be less than 21,000 square feet.

(4)

For condominium and townhouses that shall be a lot area of not less than 3,000 square feet for each unit within the condominium or townhouse complex and no less than two parking spaces per unit shall be provided. Ingress and egress shall be made by a thoroughfare of not less than 32 feet back to back of curb. All area regulations shall apply to §§ 18-40 through 18-56, Article 7.

Coverage. Main and accessory buildings shall not cover more than 40% of the lot area. Accessory buildings shall not cover more than 30% of the rear yard. Dedicated public streets, alleys and easements cannot be counted for the calculation of lot area.

Height Regulations. No building shall exceed three stories or 45 feet in height, except as provided in Article 7, §18-42.

§ 18-32 C-1 NEIGHBORHOOD SHOPPING DISTRICT.

[Amended 1-29-1998, Ordinance 1998-1; 4-29-1998, Ordinance 1998-6]

General Description. This commercial district is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

Uses Permitted. Property and buildings in a C-1 Neighborhood Shopping District shall be used only for the following purposes:

Any use permitted in an R-2 Residential District.

Any use permitted on review in an R-2 Residential District.

Retail stores and shops which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

Arts school, gallery or museum

Artists materials, supply studio

Automobile parking lot

Baby shop

Bakery goods store

Barber shop

Beauty shop

Book or stationery store

Camera shop

Candy store

Catering establishment

Cleaning, pressing and laundry collection agency

Clothing or apparel shop

Convenience store (with gasoline pumps only)

Curio or gift shop

Dairy products or ice cream store

Day care center

Delicatessen

Dress shop

Drug store or fountain

Dry goods store

Florist shop

Interior decorating shop

Jewelry or notions store

Key shop

Leather goods shop

Meat market

Medical facility

Messenger or telegraph service

Newspaper or magazine sales

Novelty shop

Office business

Optometrists sales and service

Photographer studio

Pharmacy

Restaurant - Not to include drive-in

Self-service laundry or dry cleaning

Shoe repair shop

Stock and bond broker

Tailor shop

Toy store

Name plate and sign relating only to the use of the store and premises, which shall be attached to the building.

Accessory buildings and uses customarily incidental to the above uses.

A building used for any of the above enumerated uses may not have more than 40% of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in Subsection 2a through 2e above shall be displayed or stored outside building.

Any use, not otherwise authorized, shall be considered conditional use permitted upon review by the Planning and Zoning Commission.

Area Regulations. The area requirements for dwellings shall be the same as the requirement of the R-2 General Residential District. The following requirements shall apply to all other uses permitted in this district:

Front Yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

Side Yard. On the side of a lot adjoining a dwelling district there shall be a side yard of not less than 25 feet. There shall be a side yard setback from an intersecting street of not less than 25 feet.

Rear Yard. There shall be provided an alley, service court, rear yard, or combination thereof, of not less than 30 feet.

Minimum Area. The parcel of land on which a neighborhood Shopping District is located shall not be less than 12,000 square feet or more than two acres in area.

Height Regulations. No building shall exceed 2 1/2 stories or 35 feet in height, except as hereinafter provided in Article 7, §18-42.

Screening Regulations. Ornamental screening shall be provided by all uses permitted by providing a solid wall of not less than eight feet in height when abutting an R-District. For the purposes of this ordinance abutting shall include an R-District separated by an alley.

Replacement of Destroyed Structure. If an existing residential structure is destroyed, it may be replaced within one year, subject to other zoning regulations as of date of replacement.

§ 18-33 C-2 GENERAL COMMERCIAL DISTRICT.

[Amended 1-27-2003, Ordinance 2003-1 § 1; 7-31-2003, Ordinance 2003-05 § 1; 9-27-2018, Ordinance 2018-07]

General Description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and those trucks and commercial vehicles required for stocking and delivery of retail goods.

Uses Permitted. Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

Advertising signs and structures.

Any use permitted in a C-1 Neighborhood Shopping District.

New and used automobile sale and services, public garages, provided no gasoline is stored above ground, and services conducted wholly within a completely enclosed buildings, but not including automobile or machinery wrecking establishments or junk yards.

Auto court, tourist court or motel

Ambulance service, office or garage

Antique shop

Appliance store

Automobile service station and garage

Bait sales

Bakery

Bath house

Bus terminal

Cleaning plant

Commercial parking facilities

Commercial school or hall

Dance hall

Department store

Feed and seed store

Frozen food locker

Furniture repair and upholstery

Furniture store

Funeral parlor or mortuary

Gasoline service or filling station

Grocery store

Hardware store

Heating, ventilating or plumbing supplies, sales and service

Ice storage locker plant or storage house for food

Laundry and cleaning establishment

Medical marijuana dispensaries[1]

[Added 7-30-2019 by Ord. No. 2019-05]

Musical instrument sales

Music, radio or television shop

Museum

Nursery or garden supply store

Pawn shop

Pet shop

Printing plant

Radio and television sales and service

Research laboratories

Sign painting shop

Sewing machine sales, instruction

Sporting good sale

Hospital for small animals

Theater

Variety store

Wood cabinet shop

[1]

For purposes of establishing this new zoning designation for medical marijuana dispensaries, "medical marijuana dispensary" is defined as an establishment licensed under Title 63, Section 421, of the Oklahoma Statutes whereby the retail sale of medical marijuana is conducted on the premises.

Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that here shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments.

Any other store or shop for retail trade or for rendering personal, professional, or business service which does not produce more noise, order, dust, vibration, blast or traffic than those enumerated above.

Medical Marijuana Dispensaries.

Conditional Uses Permitted on Review. The following uses may be permitted on review by the Planning Commission:

Bars.

Private clubs.

Machine shop, not including heavy equipment machine shop, provided that only when such use is fronting on Main Street from 7th Street east to the City limits.

Amusement and recreation enterprises.

Mini-storage.

Any use not otherwise authorized by this Ordinance.

Area Regulations. The area regulations for dwellings shall be the same as the requirements of the R-2 General Residential District. The following requirements shall apply to all other uses permitted in this district:

Front and Side Yard. There are no specific front or side yard requirements for uses other than dwelling.

Rear Yard. There shall be provided an alley, service court, rear yard, or combination thereof, of not less than 10 feet in width.

Area for Off-Street Parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article 7, Sections 18-49 through 18-56.

Height Regulations. No building shall exceed four stories or 60 feet in height, except as hereinafter provided in Article 7, §18-42.

Replacement of Destroyed Structure. If an existing residential structure is destroyed, it may be replaced within one year, subject to other zoning regulations as of date of replacement.

§ 18-34 C-3 HIGHWAY COMMERCIAL DISTRICT.

[Amended 1-27-2003, Ordinance 2003-1 § 2; 7-31-2003, Ordinance 2003-05 § 2]

General Description. This commercial district is intended to provide commercial lodging, recreation, and personal services both the citizens and nonresidents traveling through the City or state and federal highways that traverse the area. Businesses and facilities of this district will provide the traveling public and require more ribbon development and direct passenger vehicle access than would be desirable in the general commercial district.

Uses Permitted. Property and buildings in the C-3 Highway Commercial District shall be used only for the following purposes.

Advertising signs and structures.

Permanent commercial amusement enterprises.

Any use permitted in a C-1 Neighborhood Shopping District and C-2 General Commercial District.

Any of the following:

Artist supplies and hobby shop

Ambulance service, office and garage

Automobile sales, service, repair and showroom (provided all services and other activity relating to the operation thereof shall be conducted entirely in an enclosed building.)

Bait sales

Bakery shop

Barber and beauty shops

Bath house

Boat sales

Book store

Clothing or wearing apparel shops

Dairy products store

Delicatessen

Drive-in restaurant

Drug store

Farm implement and machinery, new and used, sales

Florist shop

Gasoline and oil retail distributing plants

Gift shop

Golf course, miniature or practice range

Grocery store

Hardware store

Hospital for small animals

House trailer and mobile home sales

Indian goods retail

Jewelry shop

Kennel

Laundry and dry-cleaning pick up stations

Medical facility

Metal and wood fencing, ornamental grill work and decorative wrought iron work and play equipment sales

Mobile home and travel trailer sales

Monument sales

Museums - Indoor and outdoor

Novelty shop retail

Office general

Parking lot

Pharmacy

Prefabricated house sales

Public uses

Restaurants

Roller skating rinks

Recreation center, public or private

Self-service laundries

Shoe repair shop

Sightseeing tour depot

Small general contractor and homeowner equipment rental, sales, service and repair

Swimming pool, commercial

Tailor shop

Theater

Tourist homes and courts

Toy shop

Trailer camp

Trailers for hauling, rental and sales

Variety store

The uses enumerated above shall comply with the following provisions:

(1)

All yards, unoccupied with buildings, or merchandise or used as traffic ways, shall be landscaped with grass and shrubs and maintained in good condition the year round.

(2)

Driveways used for ingress and egress shall not exceed 25 feet in width, exclusive of curb returns.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent street, and shall not be of a flashing or intermittent type.

Accessory buildings and uses customarily incidental to the above uses.

Conditional Uses Permitted on Review. Any uses not included in the Subsection 2 above, but consistent with the general description and characteristics of the district may be reviewed and permitted by the Planning and Zoning Commission in accordance with provisions contained in Article 9, §18-60.

Area Regulations.

Tourist commercial uses must have a side yard of 10 feet when abutting a residential district.

Rear Yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than 10 feet in width. In all other cases no rear yard is required.

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article 7, Sections 18-49 through 18-56.

Height Regulations. No building shall exceed four stories or 60 feet in height, except as hereinafter provided in Article 7, §18-42.

Screening Regulations. The above enumerated places shall comply with the following: All of the above uses shall be screened by ornamental fencing or evergreen planting of not less than eight feet in height when abutting an R-District. For the purpose of this ordinance, abutting shall include those dwellings across an alley.

Replacement of Destroyed Structure. If an existing residential structure is destroyed, it may be replaced within one year, subject to other zoning regulations as of date of replacement.

§ 18-35 C-3-I COMMERCIAL AND LIMITED INDUSTRIAL DISTRICT.

General Description. This district is intended for areas where there are mixed uses of commercial establishments and light industrial uses. Industries allowed in this district are primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

Uses Permitted. Property and buildings in a C-3-I District shall be used only for the following purposes:

Any use, except a new residential use, permitted in a C-1, C-2 or C-3 District. No dwelling uses except sleeping facilities for caretakers and night watchmen employed on the premises shall be permitted.

Any of the following uses:

Automobile parts rebuilding

Furniture manufacturing

Manufacture of cabinet components

Oilfield service equipment storage yard

Packaging of off-site manufactured products

Self-help mini storage

Sign shop and sign construction

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any dust or smoke, or noxious odor or fumes outside of the building housing the operation, or produce a noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level.

Conditional Uses Permitted on Review. Any uses not included in Subsection 2 above, but consistent with the general description and characteristics of the district, may be reviewed and permitted by the Planning and Zoning Commission with provisions contained in Article 9, §18-60.

Area Regulations. All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:

Front Yard. All buildings shall setback from the street right-of-way line to provide a front yard having not less than 15 feet in depth.

Side Yard. No building shall be located closer than 10 feet to a side lot line except when abutting an R-District. Then, it shall have a thirty-five-foot side yard.

Rear Yard. No building shall be located closer than 15 feet to the rear lot line, except when abutting an R-District, then it shall have a rear yard of 35 feet.

Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 80% of the lot area. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

Height Regulations. No building or structure shall exceed 90 feet in height, except as hereinafter provided in Article 7, §18-42 of this ordinance.

Screening Regulations. No article or material permitted in this district shall be kept, stored, or displayed outside the confines of a building unless it be so screened by fences, walls, or plantings that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level.

All of the above uses shall be screened by ornamental fencing or evergreen planting of not less than eight feet in height when abutting an R-District or a C-Commercial District. For the purpose of this ordinance, abutting shall include those dwellings across an alley.

§ 18-36 I-1 RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT.

[Amended 4-29-1998, Ordinance 1998-6]

General Description. This industrial district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.

Uses Permitted. Property and buildings in an I-1 District shall be used only for the following purposes:

Any use, except a new residential use, permitted in a C-1, C-2, C-3 or C-3-I District. No dwelling uses except sleeping facilities for caretakers and night watchmen employed on the premises shall be permitted.

Any of the following uses:

Book bindery

Bottling works

Candy manufacturing

Electrical equipment assembly

Electronic equipment assembly and manufacture

Food products processing and packing

Furniture manufacturing

I-2-Engraving plan, including memorial stones

Instrument and meter manufacturing

Jewelry and watch manufacturing

Leather goods fabrication

Optical goods manufacturing

Paper products manufacturing

Shoe manufacturing

Sporting good manufacturing

Wholesale or warehousing enterprise

Conditional Uses Permitted on Review. Any uses not included in Subsection 2 above but consistent with the general description and characteristics of the district may be reviewed and permitted by the Planning and Zoning Commission with provisions contained in Article 9, §18-60.

Area Regulations. All buildings shall be set back from the street right-of-way lines and lot lines to comply with the following yard requirements:

Front Yard. All buildings shall setback from the street right-of-way line to provide a front yard having not less than 15 feet in depth.

Side Yard. No building shall be located closer than 10 feet to a side lot line except when abutting an R-District. Then, it shall have a thirty-five-foot side yard.

Rear Yard. No building shall be located closer than 15 feet to the rear lot line, except when abutting an R-District, then it shall have a rear yard of 35 feet.

Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 80% of the lot area.

All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

Height Regulations. No building or structure shall exceed 90 feet in height, except as hereinafter provided in Article 7, §18-42 of this ordinance.

§ 18-37 I-2 GENERAL INDUSTRIAL DISTRICT.

[Amended 4-29-1998, Ordinance 1998-6]

General Description. This industrial district is intended primarily for the conduct of manufacturing, assembling and fabrication. These uses do not depend primarily on frequent visits of customers or clients, but usually require good accessibility to major rail, air or street transportation facilities.

Uses Permitted. Property and building in an I-2 General Industrial District shall be used only for the following purposes:

Any use permitted in the I-1 Restricted Manufacturing and Warehousing District. No new dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-2 General Industrial District.

Any use permitted in an C-1, C-2, C-3 and C-3-I District.

Building material sales yard and lumber yard, 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.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.

Farm produce, grain and feed storage including grain elevators.

Freighting or trucking yard or terminal.

Oil field service equipment storage yard.

Public utility service yard or electrical receiving or transforming station.

Town and county equipment service yard.

The following uses when conducted within a completely enclosed building:

(1)

The manufacture, compounding, processing or packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.

(2)

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellulose, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process.

(3)

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

(4)

The manufacture and maintenance of all types of signs, electric and nonelectric signs, commercial advertising structure, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.

(5)

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

(6)

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

(7)

Machine shop.

(8)

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

(9)

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.

(10)

Commercial medical marijuana growing facilities. For purposes of establishing this new zoning designation for commercial medical marijuana growing facilities, "marijuana growing" is defined as any medical marijuana growing facility licensed by the State of Oklahoma to grow medical marijuana in excess of 12 plants. "Growing" includes the cultivation, manufacturing, processing, packaging and distribution of marijuana and marijuana products.

[Added 7-30-2019 by Ord. No. 2019-05]

(11)

Medical marijuana wholesale and/or storage facility. For purposes of establishing this new zoning designation for medical marijuana wholesale and/or storage facility, "medical marijuana wholesale and/or storage facility" is defined as any wholesale or storage establishment licensed by the State of Oklahoma and the City of Weatherford that acquires, possesses, stores, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid medical marijuana dispensary license.

[Added 7-30-2019 by Ord. No. 2019-05]

Buildings, structures and uses accessory and customarily incidental to any of the above uses.

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

Conditional Uses Permitted on Review. The following uses may be permitted on review by the Planning Commission in accordance with the provisions contained in Article 9, §18-60.

Cement, lime or gypsum manufacture.

Commercial feed pens for livestock.

Disposal plants of all types including trash and garbage, sewage treatment including lagoons and compost plants.

Natural gas production and distribution.

Packing house.

Petroleum production and refining.

Sale barn.

Salvage yards for automobiles, building materials, scrap metals, junk or for any other kind of salvage; provided, however, that all salvage operations shall be so screened by ornamental walls, fences or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located.

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

Any use not otherwise authorized by this ordinance.

Area Regulations.

Front Yard. All buildings shall set back from the street right-of-way line to provide a front yard having not less than 15 feet in depth.

Side Yard. No building shall be located closer than 10 feet to a side lot line, except when abutting an R-District. Then, it shall have a thirty-five-foot side yard.

Rear Yard. Where a building is to be serviced from the rear there shall be provided an alley, service court, rear yard or combination thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is greater. In all other cases no rear yard is required; provided, however, that a building shall set back a distance of not less than 25 feet from the rear lot line that adjoins a dwelling district.

Yard Area. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article 7, Sections 18-49 through 18-56.

Height Regulations. No building shall exceed 90 feet in height, except as hereinafter provided in Article 7, §18-42.

§ 18-38 F - FLOOD HAZARD DISTRICT.

General Description. This district is intended to comprise those areas which are subject to periodic or occasional flooding during a 100-year frequency flood, which results in special hazards to life and property, in the disruption of commerce and governmental services and poses a direct threat to the public health, safety and general welfare. These regulations are designed to regulate and control uses within the flood hazard district to protect human life and health, to minimize damage to public and private property, to minimize surface and ground water pollution, to prevent the encroachment of buildings and improvements in floodway and flood fringe areas which will impede runoff and contribute to flooding in other areas, and to protect natural scenic areas and provide for the conservation of natural resources.

Application as Combining (Overlay) Regulations. The boundaries of the Flood Hazard District, which is composed of floodway and flood fringe areas, may cut across and overlay the boundaries of other zoning districts. The regulations applicable to the Flood Hazard District shall be interpreted as being in addition to the requirements of other district regulations, and wherever a conflict in requirements results, the regulations of the Flood Hazard District shall supersede all other regulations. (See Article 4, Chapter 4 of this Code).

Definitions.

FLOOD – A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

FLOOD HAZARD DISTRICT OR AREA – All of the land within the jurisdiction which is subject to inundation by the flood having an average frequency of occurrence in the order of once in 100 years, although the flood may occur in any year. The "Flood Hazard District" includes both the floodway and the flood fringe.

FLOOD FRINGE – The portion of the flood hazard district located outside the floodway.

FLOODWAY – The stream channel and adjacent area which provides for the downstream movement of the 100-year maximum flood at a rate of 1/10 foot per second or greater.

100-YEAR FLOOD OR RAIN – A flood or rainfall having an average statistical frequency of occurrence in the order of once in 100 years, although the flood or rainfall may actually occur in any year.

FLOOD FRINGE DISPLACEMENT-ALTERNATIVE IMPROVEMENTS – The channel improvements in the floodway which are required to prevent increased flooding resulting from the reduced floodwater storage capacity in the flood fringe area due to filling or other flood proofing or development of the flood fringe area.

Uses Permitted.

Floodway Areas. Property located in all floodway shall be used only for the following purposes; provided, however, that no building or permanent structure is involved, and the use in no way obstructs or otherwise adversely affects the capacity of the floodway:

(1)

Agricultural uses including the growing of crops and the use of land for pasture and grazing where farm animals are otherwise permitted by the district provisions of the zoning ordinance or by the general ordinances of the City.

(2)

Private and public recreational uses not otherwise prohibited, such as natural scenic areas, golf courses, swimming and picnic areas, game farms, hiking and horseback riding trails and similar uses.

(3)

Lawns, gardens and recreation areas which are accessory to residential uses.

Flood Fringe Areas. Property and buildings in flood fringe areas shall be used only for the following purposes; provided, however, that no building or structure or use of land is involved that causes displacement of floodwater or otherwise increases flooding in the floodway, unless the capacity of the floodway is increased to compensate for the reduced capacity of the flood fringe.

(1)

Any use permitted in the floodway that is not otherwise prohibited by other district provisions of the zoning ordinance or other City regulations.

(2)

Storage of materials or equipment not adversely affected by flooding.

(3)

Fill, stormwater detention and retardation structures, and other flood proofing measures.

(4)

All other uses permitted in the district with which the Flood Hazard District has been combined when flood proofing and alternative improvements for flood fringe displacement of floodwater have been provided.

Flood Proofing and Flood Fringe Displacement - Alternative Improvements. All uses permitted under Subsection 4 above shall comply with the following requirements and the requirements set forth in Article 4, Chapter 4 of the Weatherford City Code.

Flood Proofing. All residential, commercial, industrial and other uses designed for human occupancy shall have the lowest floor elevation, including basement, not less than one foot above the highest elevation of the 100-year frequency flood. The following additional flood proofing measures may be required to provide flood protection for any permitted use including, but not necessarily limited to the following:

(1)

Installation of stormwater detention and retardation structures.

(2)

Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

(3)

Reinforcement of walls to resist water pressures.

(4)

Use of paints, membranes, or mortars to reduce seepage of water through walls.

(5)

Addition of mass or weight to structures to resist flotation, or other anchorage.

(6)

Installation of pumps to lower water levels in structures.

(7)

Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.

(8)

Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

(9)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(10)

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

(11)

Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding to provide protection from inundation by the 100-year maximum flood.

(12)

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately flood proofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters.

Flood Fringe Displacement - Alternative Improvements. Before any buildings, improvements of flood proofing is permitted in the flood fringe, the amount of flood water displaced by the proposed change shall be ascertained by an engineer, registered in the State of Oklahoma, in consultation with the City Engineer, and alternative improvements shall be made in the floodway to accommodate the flood storage to be eliminated in the flood fringe for a 100-year frequency flood. The cost of the alternative improvements shall be the responsibility of the individual or entity responsible for the flood fringe displacement.

Administrative Requirements. In order to carry out the intent of the requirements set forth in the Flood Hazard District, in addition to other administrative provisions required by this ordinance the following additional provisions shall apply:

Building or Occupancy Permit Required. No use or improvement of any floodway or flood fringe area of any form shall be permitted without first obtaining a building and/or occupancy permit from the Zoning Administrator.

Additional Information Required. The Zoning Administrator may require the applicant to furnish any or all of the following information in determining the suitability of a particular site for a proposed use:

(1)

Plans in triplicate drawn to scale and showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the channel, floodway, and the flood protection elevation.

(2)

A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.

(3)

Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

(4)

A profile showing the slope of the bottom of the channel or flow line of the stream.

(5)

Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

§ 18-39 PUD - PLANNED UNIT DEVELOPMENT DISTRICT.

Purposes. The purposes of the Planned Unit Development are:

To permit flexibility that will encourage a more creative approach in the development of land and will result in a more efficient use of open area, while maintaining density and area coverage permitted in the general zoning district or districts in which the project is located.

To permit flexibility in design, placement of buildings, and use of open spaces, circulation facilities, and off-street parking areas and to best utilize the potential of sites characterized by special features of geography, topography, size or shape.

General Provisions. Planned Unit Development is permitted on tracts of not less than 10 acres in size. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this article. No modification of use or bulk and area requirements of the applicable general use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this article is submitted to and approved by the Planning Commission and City Commission and filed on record in the office of the County Clerk.

Uses Permitted in Planned Unit Development.

Principal Uses. A Planned Unit Development shall primarily be residential when located within an R-1 District. The development may consist of one or more of the following dwelling types: Single-Family Detached Dwelling, Duplex Dwelling, Multi-Family Dwelling, Townhouse, and similar uses. The uses, other than dwellings which are permitted by right or exception in the R-Districts may be included within a PUD, if such nonresidential uses do not occupy more than 10% of the gross area of the PUD which are in the R-1, and/or R-2 Zone, and are designed and located to be compatible with the residential uses of the PUD and with the residential use of adjacent properties. Land set aside for public facilities such as schools, libraries, firehouses, etc. shall be excluded for the purposes of calculating the gross area of the PUD. The uses permitted in areas zoned as commercial or industrial districts shall be limited to those uses permitted in the district to which the property is zoned.

Accessory Uses. Accessory uses customarily incident to the residential uses included within the PUD are permitted. Accessory signs shall comply with the provisions of the Residential Districts except as hereafter provided for accessory commercial facilities may be included within the PUD in accordance with the following standards:

(1)

The commercial uses shall be limited to convenience goods and services and eating places other than drive-ins.

(2)

The aggregate floor area of the commercial facilities shall not exceed 50 square feet per dwelling unit nor a total of 30,000 square feet.

(3)

Each commercial establishment shall be limited to a maximum of 3,500 square feet of floor area.

(4)

Commercial signs shall be limited to one nameplate of not more than 16 square feet for each establishment. Nameplates shall be attached flat against a building wall and shall not be animated, flashing, or have other than indirect illumination. Window signs shall not be permitted.

(5)

The commercial area shall be designed primarily for the service, convenience, and benefit of the residents of the PUD, and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties.

Bulk and Area Requirements.

Lot Width and Lot Area Minimums. Within a PUD, a minimum lot size requirement of 1,000 square feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of 40 feet shall apply to lots utilized for dwelling purposes.

Number of Permitted Dwelling Units. It is the intent of this Code that the aggregate density and intensity of use within the PUD remain the same as that which would be permitted if the area were developed conventionally, but that within the PUD the permitted number of dwelling units may be reallocated irrespective of use district lines or lot lines. The maximum number of permitted dwelling units within a PUD shall be computed as follows:

		Residential Area of the PUD divided by
Permitted D.U.s	=
		Minimum land area per D.U. permitted in the applicable use district

The residential area for the purposes of the above described computation shall be the gross area of the PUD less the lot area or areas designated for and use other than dwellings, quasi-dwellings, residential open space and recreation areas. Each 600 square feet of quasi-dwelling, such as a care home, shall constitute a dwelling unit. If the PUD is within two or more use districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the residential area within each district.

Livability Space. Livability space may be provided on a lot containing the dwelling unit or units on which computed, or in common areas. Common livability space shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common livability space as will insure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of Subsection 7e of this section.

Building Height. Within a PUD, the maximum building height shall be established in the outline development plan in compliance with the provisions of Subsection 5, Perimeter Requirements, of this section.

Perimeter Requirements. The building setback from the exterior boundaries of the PUD shall not be less than the minimum yards customarily required for the district or districts in which located, provided that within 200 feet of any abutting property in an R-1 classification, structures containing more than two dwelling units and exceeding 15 feet in height measured from the ground floor to the top of the top plate shall be set back 25 feet plus two feet of setback for each one foot of building height exceeding 15 feet measured from the ground floor level to the top of the top plate. Unenclosed off-street parking area, containing six or more spaces, shall be screened from adjoining R-1 Districts by the erection of a screening wall or fence along the lot line or lines in common with the R-1 District, provided that if the parking area is located more than 50 feet from the R-1 District, the screening requirement shall not apply.

Off-Street Parking and Loading. Off-street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirement of Article 7, §18-49, concerning off-street parking and loading. Required spaces may be provided on the lot containing the dwelling units for which it is intended to serve or in common areas. Common parking area shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common parking space as well insure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of Subsection 7 of this section.

Administration of Planned Unit Development.

General. Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of not less than 10 acres in size may make application for the approval of a PUD by filing an application for an outline development plan and a supplemental zoning district designation PUD.

An application for the approval of an outline development plan and the supplemental district designation PUD, may be processed simultaneously with and contingent upon an application for an amendment to the Zoning Map.

Application and Outline Development Plans. An application for a Planned Development shall be filed with the Planning Commission. The application shall be accompanied by the payment of a fee established by the City Commission. Such fee shall not include advertising and sign costs which shall be billed to the applicant. The application shall be in such form and content as the Planning Commission may by resolution establish, provided that four copies of an outline development plan shall accompany the filing of the application. The outline development plan shall consist of maps and/or text which contain:

(1)

Existing topographic character of the land.

(2)

Proposed land uses, including public uses and open space and the approximate location of buildings and other structures.

(3)

The character and approximate density of dwellings. Density shall be expressed in number of dwelling units and quantitative area of each identifiable segment of the PUD.

(4)

The approximate location of thoroughfares.

(5)

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed.

(6)

An explanation of the character of the planned development.

(7)

The expected schedule of development.

Public Hearing and Planning Commission Action. The Planning Commission, upon the filing of an application for the supplemental district designation PUD, shall set the matter for public hearing and give 20 days' notice or as required by the Oklahoma State Statutes, thereof by publication in a newspaper of general circulation. Where deemed necessary by the Planning Commission, additional notice shall be given by the posting of a sign or signs on the property as set forth in Article 9. Within 60 days after the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:

(1)

Whether the PUD is consistent with the Comprehensive Plan.

(2)

Whether the PUD harmonizes with the existing and expected development of surrounding areas.

(3)

Whether the PUD is a unified treatment of the development possibilities of the project site.

(4)

Whether the PUD is consistent with the stated purposes and standards of this chapter.

When a supplemental district designation PUD is approved, the Planning Commission shall forward its recommendation, the application and the outline development plan to the City Commission for further hearing as provided in Subsection 7d.

City Commission Action. Upon receipt of the application, outline development plan, and Planning Commission recommendation, the City Commission shall hold a hearing, review the outline development plan, approve, disapprove, modify, or return the outline development plan to the Planning Commission for further consideration. Upon approval, the Zoning Map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.

Planned Unit Development Subdivision Plat. A Planned Unit Development subdivision plat shall be filed with the Planning Commission and shall be processed in accordance with the Subdivision Regulations, and in addition, to the requirements of the Subdivision Regulations, shall include:

(1)

Details as to the location of uses and street arrangement.

(2)

Provisions for the ownership and maintenance of the common open space as will reasonably insure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the City Commission.

(3)

Such covenants as will reasonably insure the continued compliance with the approved outline development plan. In order that the public interest may be protected, the City of Weatherford shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the City of Weatherford may enforce compliance therewith.

Issuance of Building Permits. No building permits shall be issued on lands within the PUD except in accordance with the approved subdivision plat filed on record with the County Clerk. A building permit for a free-standing or separate commercial structure shall not be issued until building permits have been issued for at least 1/2 of the number of dwelling units on which the authorization of the commercial use is based, provided, however, that in the case of a PUD providing for more than 600 dwelling units the City must permit a portion of the proposed commercial development to be constructed prior to the construction of 1/2 of the dwelling units where such improvements bear a reasonable relationship between the number of living units and the staging of commercial development and said relationship is so stated and contained in the approved outline development plant.

Amendments. Minor changes in the platted PUD may be authorized by the Planning Commission upon a review of a proposed amended subdivision plat, incorporating such changes, so long as substantial compliance is maintained with the outlined development plan and the purposes and standards of the PUD provisions hereof. Changes which would represent a significant departure from the outline development plan shall require formal abandonment and the subsequent filing of a new application for Planned Unit Development.

Abandonment of Approved Plat. All plats may be considered void if development is not begun within two years from the official recording date of the said plat with the County Clerk.