Subarticle 6: C-1, Local/Highway Commercial District

§ 13-159 Purpose.

[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018, Ord. No. 55 §90; amended 9-19-2023 by Ord. No. 55]

This district is intended to provide for the range of commercial services which are normally oriented toward through-highway and/or street traffic within the community, in such a manner that the district will accommodate both quick-stop and longer-visit shopping, as well as provide for additional highway-oriented office, retail, cultural and entertainment trade. Additionally, district regulations are intended to minimize traffic congestion and noise, promote safety, provide adequate and controlled parking and expansion area, allow safe pedestrian movement, minimize adverse impacts on residential areas, encourage improved commercial site design and layout and encourage improved visual quality in highway commercial development. The applicable sub-district classifications are areas "A", "B" and "C" in the area planning map.

Reasonable accommodations shall be made to all parties with disabilities using any commercial facility in this district in accordance with all state and federal laws.

§ 13-160 Permitted Principal Uses and Structures.

[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 12-20-2022, Ord. No. 55 §91; amended 9-19-2023 by Ord. No. 55]

In order to conduct business in a commercial operation, each and every business must have a valid sales tax permit and actively collect and pay sales tax. New businesses which are owned and operated by individuals who are subject to sales tax liens, and which are clearly affiliated with other corporations, partnerships, or limited liability companies, or combinations thereof, which owe sales tax shall not be allowed to operate.

Any business that uses, involves, or creates waste products, such as but not limited to chemicals, radiographic materials, photograph chemicals, solvents, oil, lubricants, and other such products shall have a plan for appropriate disposal that meet all federal, state and local environmental guidelines. This includes but is not limited to, barber shops, beauty shops, dental clinics, funeral parlors, photographic processing, automotive yards (where automotive fluids and other products may escape) and other such establishments.

There may be some allowed uses, whether allowed outright, or upon review in the commercial zoned area that are listed in the Specific Use Permit (SUP) provisions set forth in §13-113.1 et seq. In such case the regulations set forth in the SUP provisions shall apply.

The following types of businesses are allowed:

General retail sales establishment.

Hotels and motels.

A dwelling unit located within a store, office, or shop provided that the principal use of the building is for commercial purposes.

Clubs and lodges.

Traditional grocery stores.

Personal services such as barber shops, beauty shops, and other occupations that are intended to serve a limited local market; provided that they are structured in a fashion which will not create increase traffic, noise, or any other negative impact for the area in which they are placed.

Financial institutions and offices.

Business and professional offices and studios.

Newspaper offices.

10.

Medical and dental clinics and offices.

11.

Public buildings.

12.

Public parking garages.

13.

Wholesale display and salesrooms.

14.

Theaters and other places of amusement.

15.

Cultural centers, museums and art galleries.

16.

Churches and religious temples.

17.

Farm implement display, sales, service, repair and/or feed stores.

18.

Boats, motors, travel trailer and mobile home display, sales, service and repair.

19.

Automotive display and sales.

20.

Automobile service and repair, or public garages.

21.

Drive-in theaters.

22.

Quick-stop type grocery stores, with or without gasoline sales facilities.

23.

Gasoline, service or liquid petroleum gas filling stations, natural gas filling stations, hydrogen gas filling stations, or other filling stations.

24.

Restaurants, cafes, and drive-ins, provided they do not sell beer, wine or other forms of alcoholic beverages.

25.

Garden centers, nurseries, greenhouses and horticultural sales outlets which include either enclosed or unenclosed display areas, or both.

26.

Video arcades and electronic game centers.

27.

Commercial communication towers.

28.

Child day-care centers provided that:

They are operated in a manner that will not alter the character of the neighborhood or adversely affect property values;

All outdoor play areas are enclosed by a suitable fence;

They meet federal, state, county and town regulations and requirements as to safety, design, facilities and equipment; and

There is adequate off-street parking to minimize the adverse effects on the flow of traffic.

29.

Storage facilities for personal belongings.

30.

Consumer repair services.

31.

Butcher shops.

32.

Any other uses and structures clearly incidental and necessary to the permitted principal uses or structures of this district, including accessory signs; provided that said signs are in full compliance with the provisions of the sign ordinance as set forth in § 13-301 et seq.

§ 13-161 Permitted Accessory Uses and Structures.

[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §92; amended 9-19-2023 by Ord. No. 55]

Subject to the provisions of this and other municipal ordinances, the following accessory uses and structures are permitted in the C-1, Local/Highway Commercial District: all uses and structures (including accessory signs and accessory storage warehouses) clearly incidental and necessary to the permitted principal uses and structures in this zoning district.

§ 13-162 Uses and Structures Permitted on Review.

[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018; amended 7-21-2020; amended 12-20-2022, Ord. No. 55 §93; amended 9-19-2023 by Ord. No. 55]

Subject to §13-101 et seq., the planning and zoning commission may make recommendation to the board of trustees to permit the following uses and structures on review:

Principal uses and structures permitted in the C-1 Local/Highway Commercial District provided that:

Each request for a use permitted on review shall be for one principal structure, building, or use only; and

Minimum requirements for off-street parking, setbacks and height restrictions as set forth in C-1, Commercial District are met.

Public and private utility or contractors, equipment and/or material storage, and maintenance yards or buildings.

Warehouses or storage units.

Funeral parlors or services; provided, that:

Adequate off-street parking is provided based on the seating capacity of the auditorium; and

A waiting area, sufficient to hold at least 10 vehicles, is provided; and

There shall be a plan to properly dispose of chemicals.

Nursing and convalescent homes and hospitals; provided that:

Off-street parking is provided in the amount of one space per employee, plus one space for every two beds; and

Adequate provisions are made for both loading/unloading patients and loading/unloading supplies and materials.

Veterinarian clinics, animal care facilities, and kennels, provided that they fully comply with the animal regulations set forth in Part 4 of this code of ordinances.

Medical marijuana retailer/dispensaries.

Liquor stores, provided that:

Any establishment that operates under the provisions of a wine or beer license issued by the State of Oklahoma may not be located within 660 feet of any church property primarily and regularly used for worship services and religious activities, or public or private school, day care centers or parks;

If any such church, school, day care facility, or park is established within 660 feet of any licensed premises after such licensed premises is permitted, this section shall not be a bar to the renewal of such license so long as the business has been in continuous operation and the license has been in continuous force and effect; and

The distance indicated in this subsection shall be measured from the nearest property line of such church, school, day care or park to the nearest property line of the premises of said beer or wine licensed establishment and measured across property and section lines and not along street right-of-way lines.

Establishments that serve alcoholic beverages, with or without food, including but not limited to: restaurants, cafes, drive-ins, mixed beverage clubs, bottle clubs, bars, or taverns provided that:

If any such church, school, day care facility, or park is established within 660 feet of any licensed premises after such licensed premises, this section shall not be a bar to the renewal of such license so long as the business has been in continuous operation and the license has been in continuous force and effect; and

The distance indicated in this subsection shall be measured from the nearest property line of such church, school, day care or park to the nearest property line of the premises of such beer and wine licensed establishment and measured across property and section lines and not along street right-of-way lines.

Adult entertainment use shall only be allowed under the following conditions:

All forms of adult entertainment use as hereinafter described whether the use is to locate, relocate, remodel, alter or rebuild, shall comply with the provisions hereinafter set forth as well as all other provisions contained within Article 1 generally.

It has become apparent that the concentration of "adult entertainment uses" tends to result in the blighting and deterioration of those areas subject to such concentration. Accordingly, it is deemed necessary to regulate such uses in a manner reasonably calculated to prevent the occurrence of such deleterious effects upon surrounding properties.

Development regulations for adult entertainment uses.

Adult entertainment uses as specified herein shall be permitted to locate only in the commercial zoning districts.

No such zoning shall be granted for any proposed location which is within 1,000 feet radius of any other adult entertainment use as specified herein.

No adult entertainment use shall be allowed to locate within 1,000 feet radius of any church, public or private school, municipal building, day care facility, public park, or area zoned for residential property; provided however, that a lesser distance may be allowed if written consent is received from 75% of the property owners within 1,000 feet radius of the proposed site.

All distances required to be met pursuant to the terms of this section shall begin at the property line of the proposed use and are measured to the nearest property line of the public or private lot, school, park, church, day care facility, residentially zoned lot, or adult entertainment use within the prescribed distance, if any.

Non-Conforming Uses. Any business in existence as of the effective date of this ordinance which is in violation hereof shall be deemed a non-conforming use. Such non-conforming use shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed so as to comply with the provisions of § 13-101 et seq.

Such uses as are deemed non-conforming uses pursuant to the terms of this ordinance shall be permitted to continue for two years after the adoption of this ordinance unless such use is terminated for any reason whatsoever prior thereto for a period of 30 days or more; thereafter such non-conforming use shall terminate or come into compliance with the terms of this section.

First use Deemed Complying. In the event that any two or more "adult entertainment uses" are located within 1,000 feet of each other as of the effective date of' this ordinance, that "adult entertainment use" which shall have first been licensed or continually operated shall be deemed to be the complying use. The person, firm, corporation or other entity responsible for the operation or management of the "adult entertainment use" in such cases shall have the responsibility of proving to the planning and zoning commission by documented evidence the date on which such "adult entertainment use" began operation.

Definitions.

ADULT ENTERTAINMENT USE

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”, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment; adult bookstores; adult motion picture theaters; adult picture arcades; adult sexual centers; or any other adult form of entertainment or amusement for said purposes.

ADULT BOOKSTORE

An establishment having as a significant portion of its stock-in-trade books, film, magazines or other periodicals which are distinguished or characterized by an emphasis on depicting or describing “sexual conduct” or “specified anatomical areas."

ADULT MOTION PICTURE THEATER OR PICTURE ARCADE

A theater used for presenting material distinguished or characterized by an emphasis on depicting or describing “sexual conduct” or “specified anatomical areas,” or any place at which slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-projectors or other image-producing devices are maintained to show images which display or distinguish an emphasis on depicting or describing “sexual conduct” or “specified anatomical areas."

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 limited to bath houses, massage parlors, and related or similar activities.

SEXUAL CONDUCT

Includes the following:

The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality;

Masturbation; and

Excretory functions as part of or in connection with any of the activities set forth above in (a) through (c) above.

SPECIFIED ANATOMICAL AREAS

Includes the following:

Human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola;

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases, or any other storage of liquefied petroleum gas.

Bulk storage of liquid fertilizer and petroleum products under pressure (this Section does not apply to such storage by farmers or ranchers for private use).

Commercial auctions, sale barns and buying stations for products other than livestock or poultry.

Security guard or watchman facilities, provided such facility is not a dwelling and there is enough space available to allow the accessory use of the land.

Any other use or structure which would not cause an increased traffic flow or disturb the peace of a commercial area.

§ 13-163 Minimum Lot Size; Minimum Setbacks; Maximum Height Requirements.

Minimum Lot Size. All lots must be of sufficient size accommodate the facility, the use of the facility by customers, storage units, off-street parking, loading and unloading, water wells, sewage disposal systems, and setback requirements. Any person submitting an application for a zoning compliance permit must submit such information as the town requests, including the proposed seating capacity.

Setbacks for Commercial Uses. Setbacks are required as set forth in § 13-119 this ordinance.

Maximum Height Requirements. Shall be 35 feet.

§ 13-164 Special Requirements.

[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018; amended 7-21-2020, Ord. No. 55 §95; amended 9-19-2023 by Ord. No. 55]

Parking. In addition to the requirements set forth in § 13-118, all off-street parking facilities or lots shall be designed, located and constructed in accordance with the following provisions:

Said spaces or lot shall be located within 50 feet (exclusive of street and alley widths) of the principal use and shall have direct access to a street;

Improvement plans with a topographical survey which are prepared by a civil engineer who is licensed in the State of Oklahoma, shall be submitted to the town showing the following:

The drainage for the site;

Adequate compaction for the base of the proposed site; and

A typical cross section showing the different layers of the proposed parking lot and/or drive surfaces.

All parking and drive surfaces required under the provisions of this zoning district, shall be constructed and maintained in a manner such that no dust or drainage problem will result.

Parking and drive surfaces shall consist of a minimum:

An adequate base that is sufficiently and properly compacted; and

At least 2” dust free surface consisting of products such as, but not limited to: asphalt, concrete, oil and chip, or asphalt millings;

The off-street parking area, aisles, access drives, and all areas where vehicle or motorized traffic will travel shall be paved so as to provide a durable, dust-free surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys.

If the applicant can show materials for surfaces that are properly engineered that meet the above specifications, then the town shall consider parking and drive surfaces with adequate engineering specifications.

Parking area design shall include adequate provisions for loading/unloading materials and for solid waste disposal facilities; and

All parking shall be in compliance with all other applicable provisions with the Americans with Disabilities Act, and with all other federal, state, local rules and regulations.

Sight Screening. Sight screening shall be provided between commercial uses and adjacent residential areas where the relative location of the dwelling and the proposed commercial site may cause a nuisance, such as excessive noises, excessive lighting, excessive traffic at unreasonable hours, unsightly trash receptacles, or other nuisances for residential owners. In such cases, sight screening shall be required. Sight screening shall consist of solid fencing, walls, landscaping, or any other appropriate barrier to alleviate the nuisance.

Landscaping. All commercial property shall provide and implement a suitable landscaping plan for the facility.

Outside Storage. Outside storage shall be neat and orderly and/or in a confined area or space to avoid unsightliness and rodents or vermin.

Sight Triangle. As required in § 13-120K.