A.
Application of regulations in districts authorized. No land, building, structure, or improvement shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by Article V, Nonconformities.
B.
Application of regulations to the uses of a more restricted
district. Whenever the specific district regulations pertaining to
one district permit the uses of a more restricted district, such uses
shall be subject to the conditions set forth in the regulations of
the more restricted district, unless otherwise specified.
C.
Residential uses restricted to residential lots. It
is intended that these regulations be interpreted as not permitting
a dwelling unit to be located on the same lot with or within a structure
used or intended to be used primarily for nonresidential purposes,
except that one accessory residential unit may be provided for a night
watchman, motel manager, or similar purpose where essential to the
main use of the lot.
D.
Temporary uses. The Zoning Administrator may issue
a zoning certificate, upon application, for lawful temporary uses
of property as specified in this and the following sections. Approval
may be made contingent upon such conditions and time limitations as
are reasonably necessary to secure the public welfare. The violation
of any such condition shall be grounds for the revocation of the certificate
and of any permit or license issued thereunder. The Zoning Administrator
may require guarantees to assure removal of the temporary use and
of any debris or refuse resultant therefrom, so as to restore the
premises to its prior condition. The Zoning Administrator may allow
an extension of a time limitation upon application.
E.
A temporary zoning certificate may be issued, upon
application, in the following instances:
[Amended 4-3-2007 by Ord. No. 5009]
(1)
For a tract and sales office in an R District during
the period of construction or sale of homes in a new subdivision,
located either in a dwelling or in a temporary structure not less
than 20 feet from any other structure. The office shall be removed
and the entire premises shall be restored to conform to the district
regulations within 10 days after the expiration of the period of time
specified in the certificate.
F.
The Zoning Administrator may issue a zoning certificate
upon application for any of the following uses, subject to the limitation
that the use shall be terminated within a specified period not to
exceed 60 days:
G.
This chapter shall not limit or interfere with temporary
use of any property as a public voting place, or with the construction,
installation or operation by any public agency or private corporation,
when in conformity with the regulations of the federal, state or local
public agency having jurisdiction:
(1)
Of any public street or highway;
(2)
Of any utility pipe, conduit, or sewer;
(3)
Of any power transmission, communication or transportation
line;
(4)
Of any railroad right-of-way, excluding yards and
stations;
(5)
Of any telephone exchange or other public service
corporation building, excluding public business offices, storage yards
or repair shops; or
(6)
Of any incidental appurtenances to any of the above.
H.
Building lines. Wherever a plan for major streets
and highways has been adopted and filed by the Commission, the Council,
upon recommendations of the Commission, is hereby authorized and empowered
to establish, regulate, and limit, and to change and amend, building
line or setback regulations on such major streets and highways, and
to prohibit any new building being located within such buildings or
setback lines within the area. In establishing such building lines,
the Council shall take into consideration the present stage of development
along such highways, including the type of buildings and nature of
their use, as well as their number and location; the present width
of such highways; and probable future needs to protect safety and
provide adequate transportation along such highways in view of the
trend of development of residential, commercial, and industrial areas
served by such highways.
I.
Regulations authorized by this section shall not be
adopted, changed or amended by the Council until a public hearing
has been held thereon by the Commission.
J.
After the Council shall have established building
or setback lines on such major highways, no new building or structure
shall be erected within such building or setback lines in the area
and no permit for such building shall be issued by the City Building
Inspector. The City Board of Adjustment shall hear appeals of any
property owner aggrieved by such building line and setback regulations.
Said Board of Adjustment shall have the power to modify or vary the
building line or setback regulations in specific cases in order that
unwarranted hardship, which constitutes an unreasonable deprivation
of uses as distinguished from a mere grant of privilege, may be avoided,
the intended purpose of the regulations strictly observed and the
public welfare and public safety protected.
An improved lot shall not hereafter be divided
into two or more lots unless all lots resulting from such division
comply with all the applicable yard, space, area, parking and loading
regulations of the zoning district in which located.
[Amended 11-3-2009 by Ord. No. 7024]
Except in the Central Business District, no
building, structure, or improvement over 30 inches above grade shall
be permitted to encroach into the sight triangle. In all other districts,
the following improvements shall be permitted to encroach upon required
yard spaces set forth in the provisions of this chapter.
A.
Certain structures within and projections into required
yard areas as herein specified are permitted and shall not be considered
to be obstructions or included in the calculation of coverage, unless
otherwise specified:
[Amended 4-6-2010 by Ord. No. 8006; 8-12-2014 by Ord. No. 9061; 7-12-2022 by Ord. No. 9305; 4-9-2024 by Ord. No. 9345]
(1)
Cornices, canopies, eaves or other projections which do not increase
the volume of space enclosed by the building; provided, however, that
none of these shall project into any required front or rear yard more
than three feet or into a required side yard more than 50% of its
width.
(2)
Unroofed balcony, provided that no such balcony shall project more
than four feet into a front or rear yard.
(3)
One-story bay windows projecting three feet or less into the yard.
(4)
Open iron fire escapes required by law, provided that no fire escape
shall project into a required yard more than three feet.
(5)
An uncovered stair and landing which does not extend above a ground
floor entrance except for the railing. No such stair and landing shall
project more than two feet into a required side yard or more than
six feet into a required front or rear yard.
(6)
Chimney projecting not more than 18 inches.
(7)
Flagpole; garden ornament.
(8)
Vegetation, including trees, shrubs, bushes and hedges clear of the
public rights-of-way.
(9)
Fencing, walls, latticework, and screens in excess of 30 inches tall
above adjacent grade must be designed so they do not materially impede
vision across the front yard. Maximum height allowance for fencing
in all areas is as follows:
(10)
Surfaced parking facilities, signs, fences, and gasoline pumping
service units may be permitted to occupy required yard space unless
otherwise prohibited in those districts permitting such improvements,
and provided that no inoperative vehicle may be stored in the front
yard of a lot in a residential district.
B.
In the case of through lots, unless the prevailing
front yard pattern of adjoining lots indicates otherwise, front yards
shall be provided on all frontages. Where one of the front yards that
would normally be required on a through lot is not in keeping with
the prevailing yard pattern, the Zoning Administrator may waive the
requirement for the normal front yard and substitute therefor a special
yard requirement which shall not exceed the average of the yards provided
on adjacent lots.
C.
In the case of corner lots which do not have reversed
frontage, a front yard of the required depth shall be provided in
accordance with the prevailing yard pattern and a second front yard
of half the depth required generally for front yards in the district
shall be provided on the other frontage.
D.
In the case of reversed-frontage corner lots, a front
yard of the required depth shall be provided on either frontage, and
a second front yard or half the depth required generally for front
yards in the district shall be provided on the other frontage.
E.
In the case of corner lots with more than two frontages,
the Zoning Administrator shall determine the front yard requirements,
subject to the following limitations:
F.
In the case of a regular lot, the depth of the front
yard in any R District shall be subject to the following modifications:
(1)
Where lots comprising 40% or more of all frontage
on the same side of the street and within the same block are developed
with buildings having front yards with a variation of not more than
10 feet in depth, the average of such front yards shall establish
the minimum front yard depth for the entire frontage on that side
of such street within the same block; but in no case shall a front
yard of more than 30 feet or less than 15 feet be required.
(2)
Wherever a building setback line in any block is delineated
on the subdivision map thereof, as approved by the Planning Commission
and/or the City Council, as provided by law, and recorded in the office
of the County Clerk, and such setback varies from the setback as provided
by the front yard requirements of this chapter, the setback shown
on such subdivision map shall govern.
G.
In the case of side yards for existing residential
buildings constructed under previous ordinances, requiring a minimum
side yard setback line of three feet, they may be enlarged or extended
to conform with present building width, provided that the three-foot
minimum side yard setback line is complied with.
No principal building shall hereafter be constructed
on a lot which does not abut a public dedicated street, or upon a
lot having permanent easement of access to a public street which was
of record prior to the effective date of this chapter. No lot shall
be deemed to abut upon a street unless it has a frontage thereon of
not less than 30 feet and a lot width of not less than 30 feet for
a distance of 100 feet from the front lot line.
A.
Storage and parking in residential districts. Commercial
vehicles and trailers of all types, including travel, camping and
hauling and mobile homes, shall not be parked or stored on any lot
occupied by a dwelling or on any lot in any residential district except
in accordance with the following provisions:
(1)
No more than one commercial vehicle, which does not
exceed 1 1/2 tons' rated capacity, per family living on the premises
shall be permitted; and in no case shall a commercial vehicle used
for hauling explosives, gasoline, or liquefied petroleum products
be permitted.
(2)
No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed 35 feet in length and eight feet in width. Said trailer shall not be parked or stored for more than 72 hours unless it is located behind a line that exists five feet in front of the residence or 20 feet from any public street, whichever is greater. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under the ordinances of the City of El Reno, Oklahoma, except as provided for in Chapter 243, Mobile Homes, Recreational Vehicles and Travel Trailers and Parks.
[Amended 11-7-2000 by Ord. No. 2917]
(3)
A mobile home shall be parked or stored only in a
mobile home park which is in conformity with ordinances of the City
of El Reno, Oklahoma.
(4)
A commercial tractor detached from a trailer may be
parked or stored, provided that said vehicle is parked behind the
front yard property line.
B.
Display in commercial and industrial districts. Commercial
vehicles and trailers of all types may be displayed in such commercial
districts allowing sales of said vehicles or in such industrial districts
allowing their manufacture; provided, however, that said vehicles
may not be used for dwelling purposes either temporarily or permanently
except in a mobile home park authorized under the ordinances of the
City of El Reno, Oklahoma.
[Amended 1-3-2006 by Ord. No. 4002; 8-12-2014 by Ord. No. 9061; 5-8-2018 by Ord. No. 9144]
A.
Purpose and application. It is the intent of these
requirements that adequate parking and loading facilities be provided
on off-street areas for each use of land within the City. Requirements
are intended to be based on the demand created by each use. These
requirements shall apply to all uses in all districts except that
the off-street parking requirements shall not apply for uses within
the Central Business District (CBD District).
B.
Required open space. Off-street parking space may
be excluded from the calculated maximum coverage of a lot.
C.
Location. The off-street parking lot shall be located
within 200 feet, exclusive of street and alley widths, of the principal
use and shall have direct access to a street or alley. Accessible
parking spaces, as required by the Americans with Disabilities Act,[1] shall be connected to the public entrance of all primary
uses which the off-street parking lot serves by a sidewalk constructed
in accordance with the most recent version of the ADA Standards for
Accessible Design.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
D.
Joint parking and off-site parking facilities. Whenever
two or more uses are located together in a common building, shopping
center or other integrated building complex, the parking requirements
may be complied with by providing a permanent common parking facility,
cooperatively established and operated, which contains the requisite
number of spaces for each use. Owners may jointly provide for their
individual parking needs through a joint facility and/or facilities,
provided that the total number of spaces so provided shall not be
less than 75% of the sum of the individual requirements and that each
business and/or other use is within 200 feet of the parking facility,
and is connected to said facility with an ADA-accessible walkway.
E.
Size of off-street parking space. The size of a parking
space for one vehicle shall consist of a rectangular area having dimensions
of not less than nine feet by 18 feet, plus adequate area for ingress
and egress.
F.
Amount of off-street parking and loading required.
Off-street parking and loading facilities shall be provided in all
districts in accordance with the following schedule:
(1)
Dwelling, single-family or duplex: two spaces for
each separate dwelling unit within the structure.
(2)
Dwelling, multifamily: The number of spaces provided
shall not be less than two spaces for each of the first 50 dwelling
units and 1 1/2 spaces for each dwelling unit above 50 units.
(3)
Boarding or rooming house or hotel: one space for
each sleeping room.
(4)
Hospitals: one space for each four patient beds, exclusive
of bassinets, plus one space for each staff or visiting doctor, plus
one space for each three employees, including nurses, plus adequate
area for the parking of emergency vehicles.
(5)
Medical or dental clinics or offices: six spaces per
doctor, plus one space for each two employees.
(6)
Convalescent or nursing home: one space for each six
patient beds, plus one space for each staff or visiting doctor plus
one space for each two employees, including nurses.
(7)
Community center, theater, auditorium, or church sanctuary:
one space for each four permanent seats, based on maximum seating
capacity, or each 50 square feet of floor area in rooms without permanent
seating but intended to be used for assembly purposes.
(8)
Convention hall, lodge, club, library, museum, place
of amusement or recreation: one space for each 50 square feet of floor
area used for assembly or recreation in the building.
(9)
Eating places: one space for each 225 square feet
of gross floor area.
(10)
Office building: one space for each 300 square
feet of gross floor area in the building, exclusive of the area used
for storage, utilities and building service.
(11)
Commercial establishments not otherwise classified:
one space for each 150 square feet of floor area used by the public.
(12)
Industrial establishments: one space for each
300 square feet of gross floor space in office areas, plus five spaces
for warehousing and manufacturing space up to 20,000 square feet of
gross floor area, plus one space for each additional 10,000 square
feet of gross floor area of warehousing and manufacturing space.
G.
Paved surface required. All parking spaces shall be
paved with a sealed-surface permanent pavement and maintained in a
manner that no dust will result from continued use. A continuous driveway
from the lot edge to the parking area shall also be paved with a sealed
surface permanent pavement, and maintained in such a manner that no
dust will be produced by continued use. This requirement shall not
apply to properties in the Residential Estate Zoning District or in
any agriculture zoning district.
H.
Off-street parking lots located within or adjacent
to a residential district. Whenever off-street parking lots or drives
are to be located within or adjacent to a residential district, the
following provisions shall apply:
(1)
All sides of a lot containing six or more off-street spaces within or abutting the residential district shall be enclosed with a screening wall or fence as specified under § 361-17.
(2)
No parking shall be permitted in a front yard within
a residential district, except for driveways for single-family and
two-family dwellings.
(3)
Driveways within a residential district used for ingress
and egress shall be confined to and shall not exceed 25 feet in width,
exclusive of curb returns.
(4)
Whenever lighting is provided, it shall be arranged
so that all light is deflected from adjoining residential uses.
I.
Commercial on-street parking. A commercial entity with frontage on a local street, residential collector, or commercial industrial collector, as defined in § 361-31 of this Code, may apply to the Community Development Department to have marked on-street parking spaces, either parallel to the street or within a separate lot. The spaces within said lot, if approved by the City Manager, or his designee, will count toward the number of required off-street parking spaces.
J.
Loading space required. On the same premises with every building hereafter rated which is designed to be occupied by a commercial, manufacturing or industrial use, hotel, hospital, storage warehouse or by any other use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained at least one loading space as defined in § 361-10, exclusive of access platform and maneuvering area; unless the gross floor area of such building, excluding automobile parking spaces enclosed therein, is less than 15,000 square feet.
[Added 4-9-2024 by Ord.
No. 9345]
A.
Carports shall be figured into maximum lot coverage and shall only
be installed in accordance with the accessory structure regulations
of the zoning district after receiving a permit from the Community
Development Department, provided they adhere to the following criteria:
(1)
Are open on three sides.
(2)
Are no larger than 24 feet wide by 24 feet long.
(3)
Do not exceed the eave height of the primary structure or 10
feet tall, whichever is less.
(4)
Are only used for storing operable, street-legal vehicles.
(5)
Meet all applicable building codes and are constructed of weatherproof
materials that are uniform in color and appearance.
(6)
Are installed over hard-surface paving.
(7)
Are not constructed closer than five feet to any right-of-way
line or on any easement.
B.
Approval. Carports may be permitted in required front yards of single-family
and two-family residential lots where the Community Development Director
determines that:
(1)
The proposed carport is located within a subdivision platted
after January 1, 2000;
(2)
The proposed carport shall not cause sight obstructions to motorists;
and
(3)
There are no recorded and active covenants and/or restrictions
that apply to the subject property and/or surrounding neighborhood
that prohibits the proposed carport.
C.
Carports shall be allowed to extend into the side yard in the agricultural zoning districts and the R- E, R-2, and R-4 Zoning Districts, provided they adhere to the following criteria, in addition to the provisions of Subsections A and B above:
[Added 5-14-2024 by Ord.
No. 9346]
A.
Single-family, two-family residential, and agricultural zoning districts.
(1)
Long-term use not permitted. Portable storage units shall not be used for long-term or permanent storage or other uses (landscaping, signage, etc.) in the single-family and two-family residential zoning districts, and agricultural districts except as excepted in Subsection A(3).
(2)
Temporary storage.
(a)
When a portable storage unit is placed on residential property
for a time period not to exceed seven days, no permit is required.
The portable storage unit may be located in front of the required
setback.
(b)
When a portable storage unit is placed on residential property
for a time period of greater than seven days and a building permit
for construction, remodel and/or repair of the main structure is in
effect, the portable storage unit may remain as long as the building
permit is in effect for the property. The portable storage unit may
not be delivered until the building permit is issued. The portable
storage unit must be removed when the work for which the building
permit was issued is complete or when the building permit becomes
no longer valid, whichever first occurs. A permit for the portable
storage unit is required; however, no fee is required.
(c)
No more than one portable storage unit per dwelling unit shall
be permitted to be placed on a single-family or two-family residential
property.
(d)
Stacking of portable storage units is not permitted.
(e)
Portable storage units shall not be placed on the right-of-way
or in any manner that creates a traffic visibility obstruction.
(f)
Portable storage units shall be placed on asphalt or concrete
surfaces only.
(3)
Agricultural uses.
(a)
Portable storage units may be used at any time in agricultural
districts on parcels with a minimum size of five acres and used for
agricultural purposes.
(b)
Stacking of portable storage units is not permitted.
(c)
Portable storage units shall not be placed on the right-of-way
or in any manner that creates a traffic visibility obstruction.
(d)
No permits are required.
B.
Office, commercial, industrial and multifamily zoning districts.
(1)
Use permitted. Portable storage may be used for storage in the
office, commercial, industrial and multifamily zoning districts unless
prohibited by a planned unit development or other special zoning requirement.
When a portable storage unit is placed on commercial, multifamily,
office or industrial property for outdoor storage and there is no
building permit in effect for construction, remodel and/or repair
of a structure on the property, the following requirements must be
complied with:
(a)
A permit must be obtained, the application for which must include
a site plan indicating the placement of such portable storage unit
and the distances from the existing building(s) and property lines.
(b)
The portable storage unit must be placed at least 15 feet away
from any fire hydrant, shall not block any fire lane and shall not
block any means of egress of any building.
(c)
The portable storage unit shall not occupy any required parking
space and shall not block any driving lane which would interfere with
the flow of traffic.
(d)
A portable storage unit shall not be placed in front of a building.
(e)
The portable storage unit shall be located only upon an improved
surface of asphalt or concrete.
(f)
No portable storage unit shall be placed on/over any dedicated
drainage and/or utility easement.
(g)
Portable storage units shall not be kept on site for a period
longer than six months.
(h)
A permit fee, as established by the City Council, for each portable
storage unit must be submitted with the permit application.
(i)
This section will not prohibit the use of storage containers
as inhabitable or occupiable buildings when in compliance with all
applicable building and zoning regulations (including facade regulations).
(2)
Temporary storage. When a portable storage unit is placed upon
commercial, multifamily, office or industrial property for which a
building permit has been granted and the proposed work is ongoing,
the portable storage unit must be placed in accordance with the setbacks
of the zoning district in which it is located. The portable storage
unit shall be located only upon an improved surface of asphalt or
concrete, shall not occupy any required parking space and must be
placed at least 15 feet away from any fire hydrant. A permit for the
portable storage unit is required; however, no fee is required. The
portable storage unit must be removed when the approved work is completed.
C.
Mobile offices. Portable storage units may only be used as a temporary
or mobile office when they meet the building and zoning requirements
for modular or manufactured buildings, mobile home for office, or
similar use.
D.
Nonconformities. It is the position of the City Council that portable
storage units were never allowed for long-term use in all situations,
except as specified in this section. Nonconforming portable storage
units existing upon the date when this section becomes effective shall
have 60 days to remedy or remove said nonconformity upon receipt of
notice from the Community Development Department, after which said
nonconformity shall be considered a public nuisance.
[Amended 8-12-2014 by Ord. No. 9061; 12-12-2023 by Ord. No. 9341]
A.
Specifications. When the provisions of this chapter require the construction
of a screening wall or fence as a condition for the initiation and
subsequent continuance of a use, the screening wall or fence:
B.
Maintenance. The screening wall or fence shall be maintained by the
owner of the zoning lot containing the use requiring the construction
of the screening. Failure to maintain after notice by the Zoning Administrator
shall constitute an offense hereunder.
D.
Screening of residential uses that abut limited-access highways.
(1)
When a platted single-family or two-family residential lot not zoned
A-1 or A-2 abuts an interstate highway right-of-way, a privacy fence
shall not be permitted adjacent to the interstate highway right- of-way
unless constructed and maintained by a homeowners' association.
No structure or use in any district shall be
erected or commenced which does not have a connection to the public
sewer system, unless and until the County Public Health Officer certifies
that a septic tank or any substitute disposal system can be installed
and operated effectively. As a basis for making his decision, the
Public Health Officer may require such percolation tests as he deems
to be necessary. Such tests are to be made at the expense of the property
owner.
In the case of a housing project consisting
of a group of two or more buildings to be constructed on a plot of
ground of at least two acres, the height, area and setback requirements
of this chapter may be modified by the City Council upon the recommendation
of the Planning Commission following the submission of an application
for such development by the applicant in such cases where the application
will provide a development that will be in harmony with the character
of the neighborhood and will ensure a density of land use no higher
and a standard of open space at least as high as required by this
chapter in the district in which the proposed project is to be located.
In no case shall a use or building height or density of population
be permitted which is not permitted by or exceeds the requirements
of the district in which the housing project is to be located.
No home occupation shall be permitted as, or
deemed to be, a use accessory to a dwelling unit in any residential
district which involves or requires any of the following:
A.
Employment of any person not a resident in the dwelling
unit, other than a domestic servant.
B.
Generation of pedestrian or vehicular traffic other
than that normal to the district.
C.
Maintenance of a stock in trade or of an office open
to the public, or storage of materials or supplies outdoors or in
a required parking space; provided that this regulation shall not
exclude the maintenance within a dwelling unit of the private office
or studio of a person who resides therein, if accessible only from
within the dwelling unit.
D.
Show windows, window displays, or advertising to attract
customers, clients, or the general public to the premises; provided
that the display of one nonilluminated name plate not exceeding two
square feet may be permitted.
E.
Any operation characteristic or effect, including
building design, lighting, noise, vibration, electrical disturbance,
smoke or odor, which would identify the premises as serving a nonresidential
purpose or be injurious to the district.
[Added 11-10-2020 by Ord. No. 9244; amended 11-14-2023 by Ord. No.
9339]
A.
The placement of any item, either permanently or temporarily, within
a street right-of-way of the City of El Reno is prohibited, except
as permitted in this section, or as permitted elsewhere in the Code
of Ordinances of the City of El Reno.
B.
In adopting these regulations the City Council has found and declared
that:
(1)
There exists the need for use of the public sidewalk for furniture
and retail sales in certain pedestrian-oriented areas of the City
to provide a unique environment encouraging retail sales;
(2)
Because of the high intensity of development in certain commercial
corridors and the downtown, the lack of adequate vacant land and the
need to encourage the redevelopment of existing structures, there
exists a need to provide an opportunity for retail uses and displays
to be located on sidewalks in the public right-of-way;
(3)
The existence of furniture and retail displays encourages additional
pedestrian traffic to these areas and encourages more activity and
redevelopment;
(4)
The presence of furniture and retail displays may impede the flow
of pedestrian traffic;
(5)
There is a need for regulations and standards for the existence and
operation of furniture and retail displays to facilitate a safe environment;
(6)
The establishment of permit conditions, specific location requirements
and safety standards for sidewalk furniture and retail display is
necessary to protect and promote the general health, safety, and welfare
of the residents of the City; and
(7)
The issuance of a sidewalk furniture and retail display permit shall
not constitute nor shall it be construed to constitute a vacation
or abandonment by the City of its interest in the right-of-way or
any easements contained therein.
C.
Permit required. An annual permit shall be required for the use or
continuation of use of a City of El Reno right-of-way for sidewalk
furniture and retail displays. The permit shall expire and be renewable
annually on November 30 of each year. Receipt of a permit shall exempt
the permittee from obtaining a minor easement from the City for any
fixture or structure approved by the permit. A permit shall be a license
to use the sidewalk and shall not grant nor shall it be construed
or considered to grant any person any property right or interest in
the sidewalk or right-of-way. An application for the permit shall
be on a form as developed by the Community Development Department,
and shall, at a minimum, require the following:
(1)
A site plan showing the edge of the building, the width of the sidewalk, the location of all proposed furniture and retail display areas, the location of any sloped sidewalk or sidewalk with barriers (i.e., streetlights, ramps, steps, poles, or any other obstructions), the location of all doors, and the location of all required pedestrian pathways in accordance with Subsection D of this section.
(2)
An image of all proposed sidewalk furniture to be installed or to
remain installed upon approval of the permit application.
(3)
Proof of general liability insurance, and, if applicable, alcohol liability insurance in accordance with Subsection E of this section.
(4)
The applicant shall agree to adhere to all requirements of this section,
and that their permit will expire on the next November 30, or at any
point where the business license is terminated or expired for a period
of 30 days or more.
(5)
Upon approval of permit, the permitee shall pay a fee for the permit,
which shall be established by resolution.
D.
General standards.
(1)
A pedestrian pathway of at least six feet in width, free from obstruction,
and at slopes compliant with the ADA Standards for Accessible Design
shall be maintained in the direction parallel to the street at all
locations, and shall not be infringed upon by outdoor furniture or
retail display. An egress path from the front door of the building
at the width of the doorways, but in no cases less than three feet,
shall be maintained and not infringed upon by outdoor furniture or
retail displays.
(2)
No outdoor furniture or retail display shall obstruct pedestrian
or vehicular traffic, fire hydrants or other access points for public
utilities, or be in a visibility triangle.
(3)
Furniture, equipment, or retail displays shall not be anchored to
the sidewalk in the right-of-way nor shall they be attached or affixed
to any tree, post, sign or other structure.
(4)
Sidewalk furniture and retail displays shall be a permitted accessory
business in the CBD zoning district.
(5)
Sidewalk furniture and retail displays shall be related to the principal
use of the abutting property.
(6)
Sidewalk furniture and retail displays shall be located in a manner
that promotes efficient and direct pedestrian movement.
E.
The permittee shall maintain current general liability insurance
issued by one or more insurance companies licensed to do business
in the State of Oklahoma, protecting the permitee and the City of
El Reno from all claims for damage to property and bodily injury,
including death, which arise from operation under or in connection
with the outdoor furniture permit. Such insurance shall name the City
as an additional insured, and shall not terminate or be canceled prior
to the expiration date without 30 days' advance written notice to
the City. Each policy shall be for a minimum of $500,000 coverage.
The policy shall include provisions requiring the permitee to indemnify
and hold harmless the City of El Reno from any claim of liability,
and associated defense costs, that arise out of the permitee's use
of the sidewalk area, and shall preserve the right of the City to
its choice of defense counsel.
F.
Approved furniture types and standards.
(1)
Furniture placed in the right-of-way in accordance with this section
shall be of new or like-new appearance, and shall be painted or stained
as necessary to prevent decay, weathering, or rust. Acceptable materials
shall include metal.
(2)
Furniture with any mechanical functions, including, but not limited
to, folding and reclining, are prohibited. Pointed or sharp finishes
are prohibited.
(3)
No furniture shall be affixed or permanently attached to any public
improvements within the right-of-way, including the sidewalk.
(4)
The permittee is responsible for repair of any damage to the sidewalk
caused by the outdoor furniture.
G.
Use of any form of heating device must meet City of El Reno Fire
Department regulations.
H.
Removal for civic events, utility improvements, or other public needs.
(1)
Furniture placed in the right-of-way shall be removed within 24 hours'
advance notice by the City of El Reno for scheduled civic events or
other public needs. In the event of an emergent need to utilize the
right-of-way, the City may require immediate removal of furniture.
The permittee shall not be entitled to any refund for such removal.
The City shall not be responsible for any costs associated with the
removal or the return and installation of any outdoor furniture or
retail display.
(2)
The City may cause the immediate removal or relocation of all or
any part of the sidewalk retail display in emergency situations or
when the permittee fails to otherwise remove outdoor furniture or
retail display upon request. The City, its officers, agents and employees
shall not be responsible for any damages or loss of outdoor furniture
or retail displays removed or relocated and shall not be responsible
for any costs associated with the removal or the return and installation.
I.
Exemptions: Installations made by the City of El Reno, within the
City easement, are not required to be in compliance with this section,
except for the requirement of maintaining ADA-accessible walkways.
J.
Retail display standards.
(1)
The sidewalk retail display shall be maintained in a neat and orderly
appearance at all times and shall be cleared of all debris on a periodic
basis during the day and at the close of each business day.
(2)
The permittee is responsible for repair of any damage to the sidewalk
caused by the sidewalk retail display.
(3)
One sign may be displayed on the sidewalk only during hours of operation
of the business. The sign shall not exceed four square feet, shall
not be higher than four feet in height and shall not be within four
feet of the curb.
(4)
Merchandise and display fixtures shall not exceed five feet in height
when abutting the building and four feet when not abutting the building.
(5)
A sidewalk retail display area shall not exceed 100 square feet for
all outdoor display areas.
(6)
Sidewalk retail display is prohibited at any time the use of the
abutting building is not open for business and is prohibited between
the hours of 11:00 p.m. and 7:00 a.m.
[1]
Editor's Note: Former § 361-21, Oil, gas and disposal
wells, was repealed 6-12-2018 by Ord. No. 9147.
[1]
Editor’s Note: Former § 361-22, Pumping equipment
for oil and gas wells, was repealed 6-12-2018 by Ord. No. 9147.
[Amended 5-6-2003 by Ord. No. 2960]
A.
Title. This section shall be known as the "City of
El Reno Sign Ordinance."
B.
ANIMATED SIGNS
(1)
(2)
CANOPY SIGN
CHANGEABLE COPY SIGN
CITY WAY-FINDING SIGNS
DIRECTIONAL SIGNS
DISPLAY SURFACE AREA
FUTURE LOCATION SIGNS
GROUND SIGN
ILLUMINATED SIGN
INGRESS/EGRESS SIGN
MURAL
OFF-PREMISES SIGN
POLE SIGN
PORTABLE OR TEMPORARY SIGN
PROJECTING SIGN
PROJECT/REAL ESTATE SIGN
REAL ESTATE SIGN
REAR ENTRANCE SIGNS
ROOF SIGN
SIGHT TRIANGLE
SIGN
SPECIAL EVENT DIRECTORY SIGN
VEHICULAR OR TRAILER SIGN
WALL SIGN
WINDOW SIGN
Definitions. The following are definitions of words
and terms as they are used in this section. Any term not contained
within this list shall be construed to be used in this section as
defined in the latest edition of Webster's Unabridged Dictionary.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable copy signs
as defined and regulated by this chapter, include the following types:
[Amended 8-12-2014 by Ord. No. 9061]
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this section, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceed four seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purposes of producing repetitive light patterns designed to appear in some form of constant motion.
A sign that is mounted or painted on or attached to an awning,
canopy or marquee that is otherwise permitted by this chapter.
[Added 8-12-2014 by Ord.
No. 9061]
A sign on which a copy is changed manually with changeable
letters or changeable pictorial panels.
Signage uniform in design, size, color and appearance that
is approved by City Council and placed on public property to inform
visitors of local goods, services and attractions. Regulations concerning
the content and placement of such signs shall be established by Council
via resolution.
[Amended 3-2-2010 by Ord. No. 8004]
A sign erected by the City of El Reno, County of Canadian
County, State of Oklahoma, or any other governmental agency to identify
routes or thoroughfares, cities, towns, educational or religious institutions,
historic places or hospitals or to regulate traffic in the interest
of public safety.
See § 361-10, "sign display surface area."
Signs identifying the future occupancy of an appropriately
zoned tract of land.
A freestanding accessory sign of limited height which is
secured to a fixed base, usually at ground level or a slight elevation
above ground rather than being pole-mounted.
A sign designed to give forth any artificial light, or designed
to reflect light from one or more sources, natural or artificial.[1]
A sign for directional purposes located at points of entering
and exiting from alleys or driveways.
Noncommercial pictures, scenes, maps or diagrams approved
by the Municipal Planning Commission under advisement of the Convention
and Visitor Bureau. Regulations concerning the content and placement
of murals shall be established by Council via resolution.
[Added 3-2-2010 by Ord. No. 8004]
Any sign, including a billboard or general outdoor advertising
device, which advertises or directs attention to a business, commodity,
service or activity conducted, sold or offered elsewhere than on the
same lot or within the same building upon which such sign is located.
An accessory sign which is attached to or part of a completely
self-supporting structure. The supporting structure is not attached
to any building or any other structure and is anchored firmly to or
below the ground surface.
A transportable sign designed for temporary or permanent
use in compliance with the structural and electrical code of the City
of El Reno.
A sign erected on the face or outside wall of a building
which projects out at any angle therefrom.[2]
A sign located upon the property under development for purposes
of identifying construction site or future occupant.
A sign indicating the availability for sale, rent or lease
of the lot or parcel of land, building or portion of a building upon
which the sign is erected or displayed.
Wall-mounted signs identifying entrances or parking located
in the rear of the subject occupancy.
A sign painted on the roof of a building or supported by
poles, uprights or braces extending from the roof of a building; or
projecting above the roof line of a building, but not including a
sign projecting from or attached to a wall as permitted by this Code.
An area which is clear of all structures or other sight impediments
formed by measuring back equal distances along two intersecting lines
of street right-of-way, curblines or driveway lines; then connecting
said points to form a triangle adequate to provide safe ingress and
egress for vehicular traffic, as determined by the City of El Reno.
See § 361-10, "sign."
One sign which carries a message regarding a special event
or function which is of general interest to the community.
A sign affixed to a vehicle or trailer used for the primary
purpose of advertising and not transportation and/or hauling of goods.
An attached sign painted on or attached to the wall or surface
of a building or display surface which is parallel to the supporting
surface.
Any sign painted on the surface of, located on the interior
of or flashing through a display window.
C.
Application requirements.
(1)
Unless otherwise exempt by this chapter, permits shall
be required for any new sign and for structural or electrical modifications
or repairs to existing signs. Message changes in changeable copy signs
or minor electrical repairs do not require a sign permit. The City
of El Reno will provide sign permit application forms, which must
be completed prior to City review.
(2)
Application content:
(a)
A written statement by the owner of the property,
authorizing the erection of a sign; name, address, and telephone number
of the owner of the property.
(b)
Name, address, telephone number and signature
of sign contractor, if any.
(c)
Legal description of property upon which the
sign is located.
(d)
A scale drawing of the sign.
(e)
A plot plan of sign location, drawn to scale.
(f)
Current zoning of business location.
(g)
The approximate value of sign to be installed.
(h)
Any animated sign requires the approval of the
Public Works Director and the Municipal Planning Commission.
(i)
Any freestanding sign must have a detailed illustration
of its footing and frame structure. Additional documents and sealed
plans may be required to validate its structural integrity.
(j)
Permit applications for off-premises signs that
abut federal or state highways must also be accompanied by proper
licenses or permits.
D.
Special signs (exempt with conditions). The following
special signs are allowed in all zoning districts and are not required
to have permits under the described conditions:
(1)
Signs to serve governmental functions for the United
States, State of Oklahoma and City of El Reno.
(2)
Flags, provided that said flags shall not be used
in such a way to attract the attention of the public for commercial
purposes.
(3)
Seasonal/Holiday signs, provided that their erection
shall not occur prior to 30 days before the holiday and their removal
shall take place no less than 30 days after the holiday.
(4)
Political signs, provided that such signs are not
erected more than 30 days prior to election and all are removed within
five days after the election to which the sign pertains.
[Amended 3-2-2010 by Ord. No. 8004]
(5)
The following special signs are allowed in any R-3,
R-4, agriculturally, commercially or industrially zoned district and
are not required to have permits under the described conditions:
(a)
Special event sign: one sign, provided that
said sign shall not exceed 32 square feet per sign face, shall not
exceed seven feet in height, and shall not be erected for a period
longer than five days after the event.
(b)
Special event directory sign, provided that
said sign shall not exceed 16 square feet per sign face, four feet
in height or be erected for a period longer than 30 days.
(c)
Rear entrance signs, provided that such sign
shall be wall mounted and not exceed 12 square feet in sign area.
(d)
Ingress/Egress sign, limited to one sign at
each point of ingress and egress, not exceeding four square feet per
face.
(e)
Permanent interior window identification signs,
not exceeding an aggregate area equaling 80% of the window and/or
glass area upon which said sign is painted.
(f)
Other temporary window signs not exceeding an
aggregate area equaling 20% of the window and/or glass area said sign
is painted upon.
(g)
Project/Real estate sign: one sign not exceeding
32 square feet per sign face, located on the premises being developed,
which shall be removed within 15 days of the issuance of the occupancy
permit for the subject property.
(h)
Future location sign: one sign not exceeding
32 square feet per sign face and seven feet in height.
(i)
City way-finding signs.
[Added 3-2-2010 by Ord. No. 8004]
(j)
Murals.
[Added 3-2-2010 by Ord. No. 8004]
E.
Agricultural zoning districts.
(1)
Signs constructed in A-1 and A-2 Districts shall be
required to meet the following criteria. Any change of existing signs
shall comply with these standards.
(3)
Real estate signs (exempt with conditions):
(a)
One sign not exceeding 12 square feet in surface
display area may be allowed. Said sign shall advertise only the sale,
rental or lease of the premises on which the sign is located.
(b)
(c)
Subdivision entrance signs. A subdivision entrance
sign is allowed, provided that it is approved by the Municipal Planning
Commission and El Reno City Council.
(4)
Home occupation signs: one nonilluminated name plate
not exceeding two square feet in display surface area, attached to
main structure.
(5)
Educational, religious, institutional or similar uses:
(6)
Off-premises advertising, allowed with the following
conditions: one sign every 2,000 feet along a public roadway with
a maximum displacement of 500 square feet. Property lines do not constitute
division and said sign(s) must be located a minimum of 100 feet from
adjacent property line(s), 50 feet if adjacent property is zoned agricultural;
exclusive of street rights-of-way.
F.
Residential zoning districts.
(1)
Signs constructed in R-1, R-2, R-3 and R-4 Districts
shall be required to meet the following criteria. Any change of existing
signs shall comply with these standards.
(2)
Real estate signs (exempt with conditions):
(a)
One sign, not exceeding 16 square feet in surface
display area, may be allowed. Said sign shall advertise only the sale,
rental or lease of premises on which the sign is located.
(b)
Only one sign per street frontage.
(c)
Sign advertising lots within subdivisions:
[1]
Shall only advertise the sale or lease of property
within the development upon which the sign is placed.
[2]
Shall be removed by developer upon sale of all
lots and/or residences within the addition or in five years, whichever
occurs first.
[3]
Shall not exceed 15 feet in height or 80 square
feet in surface display area.
[4]
Only one sign per street frontage.
(d)
Subdivision entrance signs. A subdivision entrance
sign is allowed, provided that it is approved by the Municipal Planning
Commission and El Reno City Council.
(3)
Home occupation signs: one nonilluminated nameplate
not exceeding two square feet in display surface area.
(4)
Educational, religious, institutional or similar uses:
(5)
Project/Real estate sign: one sign not exceeding 32
square feet per sign face, located on the premises being developed,
which shall be removed within 15 days of the issuance of the occupancy
permit for the subject property.
(6)
Future location sign: one sign not exceeding 32 square
feet per sign face and seven feet in height.
G.
Commercial Office Zoning District.
(1)
Signs constructed in a CO District shall be required
to meet the following criteria. Any change of existing signs shall
also comply with these standards.
(a)
One business sign, not exceeding 32 square feet
in display area, may be erected on each street frontage of the lot.
If this sign is pole-mounted, it shall not exceed the height of the
building in which the principal use is located or 20 feet, whichever
is lower.
(b)
Wall signs may be erected not exceeding an aggregate
display surface area equal to two square feet per lineal foot of street
frontage.
(c)
No signs advertising products not sold on the
premises will be permitted.
(d)
No signs shall be permitted upon lots not containing
one business establishment, except as provided elsewhere in this section.
(3)
Educational, religious, institutional or similar uses:
H.
Commercial zoning districts.
(1)
Signs constructed in CC, CR, CAR, CSC and CBD Districts
shall be required to meet the following criteria. Any change of existing
signs shall comply within these standards.
(a)
Wall or canopy signs may be erected, not exceeding
an aggregate surface display area of three square feet per each lineal
foot of building wall to which the sign(s) is affixed.
(b)
In addition to the wall or canopy signs permitted
hereinabove, a lot containing one business establishment may erect
pole or ground signs of 2.0 square feet of display area per lineal
foot of street frontage; provided, however, that if more than one
such pole or ground sign is erected, an aggregate display area not
exceeding 1.0 square foot per lineal foot of street frontage shall
be allowed.
(c)
Ground or pole signs shall not exceed the maximum
height allowed for structures in the zoning district upon which it
is located.
(d)
In the CBD (Central Business District), ground
signs shall not exceed 35 feet in height or the height of the principal
building upon the lot, whichever is higher.
(2)
Off-premises advertising on developed and undeveloped
lots: no more than three additional businesses advertised on existing
commercially zoned lots. Off-premises total all signs size no larger
than 80 square feet. Permit fee for off-premises signs will be twice
the regular sign permit fee.
(4)
Educational, religious, institutional or similar uses:
(5)
I-40 Sign Overlay District.
(a)
It is the intent of this section to establish
an overlay district with the name of the "I-40 Sign Overlay District"
which stipulates certain rules, regulations and criteria which shall
be held in conformity to attract business and industry and provide
protection of the environmental setting of contiguous residential
areas. The regulations of the underlying zoning district or districts
remain applicable except as specifically modified pursuant to the
provisions of this section.
(b)
The I-40 Overlay District shall include all
properties zoned commercial or industrial located within a circle
centered at the intersection of I-40 and Country Club Drive and the
intersection of I-40 and U.S. Highway 81 described by a radius of
1,320 feet plus a corridor 500 feet on either side of the center line
of Interstate I-40 connecting the two areas described above.
(c)
In addition to the overlay district defined in Subsection H(5)(b) above, an additional overlay district applicable only to regulations for freestanding signs is created and defined as follows: all property within 330 feet of the center line of Country Club Drive extended north to a line created by the connection of the center points of Section 17 and Section 18, Township 12N, Range 7W, and all property 330 feet from the center line of U.S. Highway 81 north to the center line of the intersection of U.S. 81 and Southwest 27th Street.[4]
(d)
It is the intent of this sign overlay district
to provide all commercially and industrially zoned property near the
interstate highway system and the two intersecting streets with the
opportunity to erect freestanding signs higher and greater in sign
area than other commercially and industrially zoned properties not
in close proximity to Interstate I-40 to permit development of business
from vehicles traveling on the interstate highway system.[5]
(e)
Sign height. Within the above described sign
overlay district, all freestanding pole signs may be erected to a
height of 70 feet.
(f)
Sign area. Within the above described sign overlay
district, any single freestanding pole sign may be erected having
a maximum sign face area of 600 square feet. Sign face area shall
include all framing, logos and all additions made outside the sign
proper.
I.
Industrial Zoning Districts.
(1)
Signs constructed in I-1 and I-2 Districts shall be
required to meet the following criteria. Any change of existing signs
shall also comply with these standards.
(a)
Wall or canopy signs may be erected, not exceeding
an aggregate surface display area of three square feet per lineal
foot of building wall to which the sign(s) is affixed.
(b)
In addition to the wall or canopy signs permitted
hereinabove, a lot containing one business establishment or vacant
lot may utilize for business sign or outdoor advertising one projecting
or ground sign of 2.0 square feet of display surface area per lineal
foot of street frontage; provided, however, that if more than one
such pole or ground sign is erected, an aggregate display area not
exceeding 1.0 square foot of display surface area per lineal foot
of street frontage shall be allowed.
(c)
Ground or pole signs shall not exceed the maximum
height allowed for structures in the zoning district upon which it
is located.
(3)
Off-premises advertising within Industrial Zoning Districts. Off-premises
advertising on developed and undeveloped lots: no more than one off-premises
advertising sign per lot and must meet the following standards:
[Amended 2-10-2015 by Ord. No. 9073]
(a)
Signs must be a minimum of 1,000 feet from the next nearest
off-premises advertising sign. Billboard display size shall not exceed
162 square feet per display face, with no more than two one-hundred-sixty-two-square-foot
display faces per side. In the event two billboard display faces are
used, then one must be stacked directly and evenly over the other,
with a minimum of eight inches of space between the top and bottom
display.
(b)
Unless a billboard's display face is covered with an attached
electronic LED digital display, then it must be covered with two different
vinyl display covers as follows: a backup vinyl cover that covers
the entire metal frame of the billboard's display face, and a second
vinyl cover that covers the entire outside of the backup vinyl. Vinyl
must be maintained at all times.
(c)
The only authorized paint colors allowed to be used on any portion
of a billboard must be either off-white, gray, brown, or black.
(d)
Billboard frames, faces, support poles, and all components must
be composed of metal, all constructed to withstand a wind of no less
than 150 miles per hour.
(e)
The maximum height from the ground to the bottom of a billboard's
lowest display shall be 20 feet. The maximum overall height of a billboard
structure with two stacked faces per side shall be 40 feet, measured
from the ground to the top of the billboard. The maximum overall height
of a billboard structure with one single face per side shall be 29
feet, measured from the ground to the top of the billboard.
(f)
A billboard sign can be located no nearer than five feet to
the outside edge of a utility line, City water line, gas line, property
line, utility easement, or roadway easement.
(g)
All billboards shall have no more than one metal support pole
extending from the ground into their upper structure, constructed
in a manner adequate to support required weight. All billboard support
poles must be coated with a minimum of two coats of industrial grade
paint, painted from ground level to at least two feet above the bottom
of the billboard's lower face, and must be maintained at all times.
Any such billboard support pole with faded, spotted, or flaking paint
must be repainted by its owner.
(h)
Any billboard that is damaged by wind, tornados, storms, vehicles,
acts of God, or in any other significant manner must then be either
restored by its owner to its original condition as quickly as possible,
or it must be removed from its location by its owner within 120 days
of said occurrence.
J.
Prohibited signs. The following signs and structures
are prohibited:
(1)
Any installation performed in violation of this chapter.
(2)
Any sign that is structurally unsafe or constitutes
a hazard to safety or health by reason of inadequate maintenance or
dilapidation.
(3)
Any sign that is abandoned. "Abandonment" is defined
as one that is representing a business or activity that is no longer
conducted upon the premises where the sign is located and has not
conducted business for more than 90 days.
(4)
Signs not permanently affixed to any structure.
(5)
Any sign that in any way obstructs the view of, may
be confused with or purports to be an official traffic sign, signal
or other device or any official sign.
(6)
Strings of exterior light bulbs used in connection
with open display sales, other than traditional holiday decorations,
which may be activated 30 days before the holiday and must be deactivated
no less than 30 days after the holiday.
[Amended 8-12-2014 by Ord. No. 9061]
(7)
Trailer signs and portable signs not in conformance
with the Building Code.
(8)
Any sign or structure in the right-of-way or on City
property without proper permission.
K.
Summary abatement.
(1)
Any sign or structure that is on public property or
in the right-of-way may be obliterated summarily without notice by
the City Manager or his designee.
(2)
Any sign that is not in the right-of-way but is believed
to be a threat to public safety or that has been illegally erected
may be subject to removal as a public nuisance in accordance with
§ 275-135 of the Municipal Code.
L.
Advertising of medical marijuana and medical marijuana products.
[Added 9-27-2018 by Ord.
No. 9162; amended 10-8-2019 by Ord. No. 9209]
(1)
Purpose. Regulating commercial advertising of medical marijuana and
medical marijuana products via signs is a reasonable and necessary
means to protect and promote the general welfare of the children and
minors of the City of El Reno exposed to various media advertising
marijuana or marijuana products. Judicial precedent has repeatedly
recognized that children and minors deserve special solicitude because
they lack the ability to assess and fully analyze the information
presented through commercial advertising. Signs which can be seen
from the outdoors are a unique and distinguishable medium of advertising
which subject the general public to involuntary and unavoidable forms
of solicitation. These regulations promote the general welfare and
temperance of children and minors and are intended to help reduce
the illegal consumption and purchase of marijuana and marijuana products
by children and minors by limiting their exposure to the advertising
of marijuana and marijuana products on certain on-site and off-site
signs.
(2)
Relationship to other sign regulations.
(a)
The provisions in this subsection shall supersede any conflicting provisions of this Code, including but not limited to the City of El Reno Sign Ordinance set forth in § 361-23, Chapter 361 (Zoning Code). All other regulations in this Code not in conflict with this subsection shall continue to apply to signs subject to this subsection. The provisions in this subsection are not intended to conflict with, supersede, or limit state law.
(b)
Any ideological, political or other noncommercial message may
be placed on any sign permitted by this subsection.
(3)
Definitions. When used in this Code, words and phrases shall have
the meaning as defined pursuant to the rules adopted by the Oklahoma
State Department of Health, Oklahoma Administrative Code § 310:681-1-1,
et seq., and as they may be amended from time to time.
(4)
Prohibition of commercial medical marijuana advertising on off-site
signs.
(a)
No person shall place, permit, or maintain on any off-site sign, including, but not limited to, temporary signs on temporary construction walls, a poster, placard, device, graphic display, or any other form of commercial advertising for marijuana, marijuana products, or marijuana activity in any publicly visible location within 300 feet of any school, public park, public library, alcoholism or drug abuse recovery or treatment facility, day-care center, and permanent supportive housing, except as permitted under Subsection L(5).
(b)
The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of a school,
public park, public library, alcoholism or drug abuse recovery or
treatment facility, day-care center, and permanent supportive housing
to the closest visible edge of the advertising sign face of the off-site
sign without regard to intervening structures.
(5)
Exceptions to prohibition of marijuana advertising on off-site signs.
(a)
The prohibitions set forth in Subsection L(4), above, shall not apply to the following signs advertising marijuana, marijuana products, or marijuana activity. This subsection shall not be construed to permit any sign that is otherwise restricted or prohibited by law.
(b)
Any sign advertising marijuana or marijuana products placed:
[1]
Inside the premises of a building where the occupying business
is licensed by the City and the state to sell marijuana or marijuana
products, unless such sign is a window sign in compliance with City
of El Reno Codes; or
[2]
On commercial vehicles used exclusively for transporting or
delivering marijuana or marijuana products and which are operated
by persons licensed by the City and state to transport or deliver
marijuana or marijuana products.
(c)
The display of public service messages or similar announcements
cautioning against the use of marijuana or marijuana products or that
are designed to encourage minors to refrain from using or purchasing
marijuana or marijuana products. However, this subsection shall not
be construed to permit an advertisement that purports to caution against
the use of marijuana or marijuana products when that message is conveyed
in conjunction with the display of a logo, trademark or name used
by any person or entity engaged in any marijuana activity for marketing
or promotion of marijuana or marijuana products.
(6)
Restrictions on advertising marijuana and marijuana products on on-site
signs. The following regulations shall apply to on-site signs for
a business engaged in marijuana activity:
(a)
Only one on-site sign per street frontage is allowed. Any such
sign shall be included in the maximum sign area allowed for the property.
(b)
Any sign required by law, or required or recommended by a government agency or utility company, is allowed in addition to signs authorized by Subsection L(6)(a).
(c)
Any sign or signs identifying that the premises are protected by a security company is allowed in addition to signs authorized by Subsection L(6)(a), and the aggregate area of such signs is limited to 30 square inches.
(d)
Other than signs described in Subsection L(6)(b) and (c) above, any sign authorized by Subsection L(6)(a) is limited to displaying the following information: name of business; logogram of business; and business' address, hours of operation and contact information. Other than the foregoing information, no advertising for marijuana or marijuana products shall be displayed on any sign in a publicly visible location.
(e)
Portable signs or sandwich signs located in the public right-of-way
are prohibited.
(f)
Spinner signs are prohibited.
(g)
Illuminated architectural canopy signs are prohibited.
(h)
Marquee signs are prohibited.
(i)
Roof signs are prohibited.
(j)
Temporary signs are permissible only on private property.
(k)
Moving signs and signs with moving parts are prohibited.
(l)
Super graphic signs are prohibited.
[Amended 11-4-2003 by Ord. No. 2968]
A.
CHILD or MINOR
CHILD-CARE CENTER
CHILD-CARE INSTITUTION
DAY CARE
FAMILY CHILD-CARE HOME
LARGE FAMILY CHILD-CARE HOME
NURSERY SCHOOL or DAY-CARE NURSERY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any person who has not attained the age of 18 years.
A place where care and protection, for six or more hours
per day, for 13 or more children takes place.
Any public or private institution, day-care center or family
day-care home, providing part-time care for children away from their
own homes, and which is owned or controlled by a political subdivision,
a corporation, an unincorporated organization or association or an
individual.
Care and supervision of a child who resides in his/her own
home or with relatives but is in the care, for part of the day, of
another person(s) who is conducting a family day-care home or person(s)
conducting a day-care center.
An existing single-family dwelling where care and protection,
for six or more hours per day, for seven or fewer children, takes
place and is secondary to the use of the structure as a residence.
An existing single-family dwelling where care and protection,
for six or more hours per day, for eight children to 12 children takes
place.
The main purpose is educational, recreational or medical
related and is provided for three or fewer hours per day and is exempt
from this section.
B.
Regulations.
(1)
Child-care institutions who are required to be licensed
by the Oklahoma Department of Human Services or its equivalent must
also be licensed by the City of El Reno. Licenses are valid for one
year from the date of issuance.
(2)
Before obtaining a license from the City of El Reno,
the child-care institution must submit the following:
(a)
A completed City of El Reno child-care license
application.
(b)
An annual base fee of $25, plus $1 for each
child who is receiving care.
(c)
A valid license from the Oklahoma Department
of Human Services that meets or exceeds the number of children for
which it is caring.
(d)
Proof of an approved inspection from the Community
Development Director or his designee to validate that there are no
Municipal Code violations on the property that could be detrimental
to the welfare of children or staff.
(e)
Proof of an approved inspection from the Fire
Chief or his designee to validate that the premises meet all applicable
codes.
All new development and redevelopment areas,
except agricultural, shall be landscaped with trees, ornamental shrubs,
and green areas to provide visual buffering, to enhance the beautification
of the City, to safeguard and enhance property values, to protect
public and private investment, and to protect the public health, safety
and general welfare of the citizens of El Reno.
A.
"Landscaped area" shall be defined as the area within
the boundaries of a given lot which is devoted to and consists of
plant material, vines and other ground covers, planters, brick, stone,
natural forms, water forms, aggregate or other inorganic features,
but not including the use of smooth concrete or asphalt; provided,
however, that the use of brick, stone, aggregate or other inorganic
materials shall not predominate over the use of the organic plant
material.
B.
The property owner in all zoning districts shall be
responsible for landscaping the area between the street right-of-way
line and the curbline. This area shall not be hard surface other than
a permitted driveway or sidewalk.
[Amended 8-12-2014 by Ord. No. 9061]
C.
For single- and two-family dwellings, one tree and two shrubs are
required in the front yard, and one tree per dwelling unit is required
in the rear yard.
[Amended 4-9-2019 by Ord.
No. 9193]
D.
For all land uses other than agricultural, or single- or two-family
dwellings:
[Added 4-9-2019 by Ord.
No. 9193[1]]
(1)
No less than 5% of developed land area shall be reserved as open,
landscaped, or natural space.
(2)
One tree and two shrubs shall be provided for each 400 square feet
of required open, landscaped, or natural space. No less than 60% of
these trees and shrubs shall be located in the front or corner yards.
(3)
Artificial grass, synthetic plants, gravel, and impervious cover
shall not be included as part of open, landscaped, or natural space.
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
Trees planted shall meet the following criteria: All tree species
shall be at least of a two-inch caliper and at least six feet in height
when planted. The crown shall be in good balance with the trunk. Shrubs
shall be a minimum of three gallons.
[Amended 4-9-2019 by Ord.
No. 9193]
F.
Vegetation planted to ensure conformance with screening requirements (§ 361-17 of this Code), the sensitive border standards (§ 361-77), and/or the Route 66 Overlay District requirements (§ 361-112) can be used to offset the number of trees and shrubs required by this section, provided that the requirements of this section are met pertaining to the total number of plantings required in the front yard and overall.
[Added 4-9-2019 by Ord.
No. 9193[2]]
G.
Tree list.
(1)
A suggested list of suitable trees for planting within the City has
been prepared and listed below. These tree types listed were selected
due to their ability to respond to the environmental conditions within
El Reno. The factors considered in tree selection were soil conditions
in relation to growth, the tree's ability to cope with the climate,
and its survival rate as an urban tree. Low maintenance, a moderate
growth rate, and aesthetic quality were also considered.
[Amended 4-9-2019 by Ord.
No. 9193]
|
Suggested Trees
| ||
|---|---|---|
|
Youpon Holly
|
Water Oak
|
Austrian Pine
|
|
Golden Rain Tree
|
Honey Locust (thornless)
|
Scotch Pine
|
|
Hackberry
|
Caddo Maple
|
Slash Pine
|
|
Japanese Black Pine
|
London Planetree
|
Loblolly Pine
|
|
Sycamore
|
Chinese Pistache
|
Sweet Gum
|
|
Red Oak
|
Japanese Zelkova
|
Carver Juniper
|
|
Shumard Oak
|
River Birch
|
Lacebark Elm
|
|
Oklahoma Redbud
| ||
(2)
The above list is not an all-inclusive list of street trees which
may be planted; however, other selections must be approved by the
Community Development Director prior to planting within the street
right-of-way.
H.
A landscaping plan is required to be submitted as part of the building
permit application. This plan shall show details of all open, landscaped,
and natural areas throughout the site. If landscaping is to be used
as sightproof screening, the entire plan may be contained in one submission.
The plan shall meet the following requirements:
[Amended 4-9-2019 by Ord.
No. 9193]
(1)
The type of plant material shall be identified specifically, be either
shown on civil drawings or as they relate to civil drawings, and be
called out in quantities.
(2)
The total amount of required open, landscaped, and natural areas, and total required trees and shrubs to satisfy this section, as well as screening requirements (§ 361-17), the sensitive border standards (§ 361-77), and/or the Route 66 Overlay District requirements (§ 361-112), as each are applicable, shall be disclosed on the plan.
(3)
The total amount of provided open, landscaped, and natural areas,
as well as the total number of provided trees and shrubs, shall be
disclosed on the plan.
(4)
The plan shall especially respect sight triangles at intersections
and be approved for all elements relating to traffic control.
(5)
The location and type of irrigation shall be shown on the plan.
I.
Irrigation.
[Added 4-9-2019 by Ord.
No. 9193[3]]
(1)
The property owner shall be responsible for maintenance and irrigation
of all required natural areas and landscaping required in the Code
of Ordinances of the City of El Reno. Irrigation shall be in place
and operational prior to an inspection for a certificate of occupancy
on any project in which landscaping is required. Irrigation shall
be of one of the following methods:
(a)
An automatic water-saving irrigation system (drip, porous pipe,
soaker hose, etc.) equipped with rain and freeze sensors.
(b)
An automatic underground irrigation system equipped with rain
and freeze sensors.
(c)
Xeriscaping without irrigation, or with temporary irrigation,
may be permitted if a care plan is signed by the owner and occupant.
(d)
Existing undisturbed natural areas do not require irrigation.
(2)
Irrigation shall not be required for single- and two-family residences.
J.
A certificate of occupancy for any use shall not be issued until
the landscaping has been installed in accordance with the plan; and
it shall be illegal for any person, firm, or corporation to occupy
or operate a business in any new structure for which landscaping,
as shown by the plans, is not provided; except that if a structure
and all site improvements are complete except for these landscaping
requirements and the season of the year will not permit the planting
and growing of plants, temporary occupancy may be permitted by the
Director until a date certain in the growing season. If the landscaping
has not been completed by said date, the property owner shall be in
violation of this code, or a temporary extension may be obtained as
approved by the Director for a period not to exceed one thirty-day
period. If the landscaping has not been completed by this inspection
date, the same shall constitute a violation of this section; and upon
conviction the person, firm, or corporation granted the temporary
occupancy permit shall be fined not more than $130, and each day that
landscaping is not completed shall constitute a separate offense.
[Amended 4-9-2019 by Ord.
No. 9193]
K.
It shall be the responsibility of the property owner to maintain
in good condition all the improvements required by this section. Any
required fence or screening which is damaged shall be repaired within
30 days, and any vegetation which dies shall be replaced within 60
days.
[Amended 4-9-2019 by Ord.
No. 9193]
L.
When it is determined by the Community Development Director, or the
Director's designee, that improvements required by this section are
not being maintained, it shall be the Director's or designee's duty
to give notice, in writing, to the property owner. Such notice shall
specify in what manner the improvements are in need of maintenance
and a date for compliance. The property owner shall have not less
than 30 days to comply with the notice; provided, however, that any
person aggrieved by any such order or disagreeing with any of the
requirements of the notice may file an appeal within the thirty-day
period to the Board of Adjustment.
M.
Failure to provide the improvements required by this code or failure
to maintain required improvements in the manner prescribed by this
code shall constitute an offense and violation of this code.
The location, construction, or placement of
satellite receiving stations in residential areas is permitted, subject
to the following conditions:
A.
SATELLITE RECEIVING STATIONS, DISHES OR EARTH STATIONS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any antenna, dish or other device, the purpose of which is
to receive communications or other signals from orbiting satellites
or other extraterrestrial sources.
B.
Construction and location requirements.
(2)
When placed on residentially zoned property, said
device shall set back from side and rear property lines a distance
of no less than that required for accessory buildings within the same
zoning district.
(3)
No such device shall be placed within the front yard
setback area of a residentially zoned lot or tract of land.
(4)
The height of such devices shall not exceed the height
of the principal building upon the lot where said device is placed.
[Added 7-3-2001 by Ord. No. 2921; amended 8-12-2014 by Ord. No.
9061; 9-8-2020 by Ord. No. 9239]
A.
Purpose. The purpose of these regulations is to regulate the placement,
construction, and modification of commercial towers and telecommunications
facilities in order to protect the health, safety, and welfare of
the public, while at the same time providing for future development
to improve telecommunications service quality in El Reno.
B.
ACT
ANTENNA
ANTENNA SUPPORT STRUCTURE
APPLICANT
CO-LOCATION
COMMERCIAL COMMUNICATION TOWER
LATTICE TOWER
MICROCELL
MONOPOLE
STEALTH
TELECOMMUNICATIONS FACILITIES
ZERO-FALL RADIUS
Definitions. The following words, terms, and phrases, when used herein,
shall have the following meanings:
The Telecommunications Act of 1996, P.L. No. 104-104, to
deregulate the telecommunications industry, providing a more competitive
environment for wired and wireless telecommunication services in the
United States.
Any structure or device used to transmit or receive electromagnetic
or optical signals for television, radio, digital, microwave, cellular,
telephone, personal communication system (PCS) or similar forms of
wireless telecommunication.
Any building or structure other than a tower which can be
used for location of telecommunications facilities.
Any person that applies for a building permit, a conditional
use permit, a variance, or an exception.
Locating wireless telecommunication facilities owned by more
than one provider on a single tower or antenna support structure.
A tower constructed and operated primarily for a business
purpose or purposes, and which is a self-supporting lattice, guyed,
or a monopole structure constructed from grade which supports telecommunications
facilities. The term "tower" shall not include amateur radio operators'
equipment, as licensed by the Federal Communications Commission (FCC).
A self-supporting support structure, erected on the ground,
which consists of metal crossed strips or bars to support antennas
and related equipment.
A wireless communication facility consisting of an antenna
that is either:
A wireless communication facility which consists of a monopole
structure, erected on the ground to support wireless communications
antennas and any connecting appurtenances.
Any commercial tower or telecommunications facility which
is designed to enhance compatibility with adjacent land uses, including,
but not limited to, architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and towers designed
to look other than like a tower, such as light poles, power poles,
and trees. The term "stealth" does not necessarily exclude the use
of uncamouflaged lattice, guyed, or monopole tower designs.
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities, including buildings, shelters, or cabinets
that house telecommunications providers' equipment, associated with
the transmission or reception of communications which a person seeks
to locate or has installed upon or near a commercial tower or antenna
support structure.
A tower shall be described as having a "zero-fall radius"
by the terms of this Code if an engineered plan is submitted detailing
that in the event of collapse of the tower, the tower is constructed
to snap and fall in a way that the entire tower remains inside the
fenced-in lease space.
C.
Applicability. All towers, telecommunications facilities, antenna
support structures, and any portion of which are located within the
City of El Reno, shall be subject to these regulations, except as
follows:
(1)
Amateur radio operators. The requirements of these regulations shall
not govern any short-wave radio tower that is owned and operated by
a federally licensed amateur radio station or is used exclusively
for receive-only purposes.
(2)
Satellite dish antennas. These regulations shall not apply to satellite
dishes mounted on the ground, on walls, or on roofs.
(3)
Utility poles. These regulations shall not apply to utility poles
which are utilized for the support of electrical, telephone, cable
television, or similar cables and wires, located on public rights-of-way
or easements for that purpose, and are part of a system of such poles
throughout the City of El Reno.
D.
Building permit required.
(1)
No person shall build, erect, or construct a tower and/or telecommunications
facilities unless a building permit shall have been issued by the
City, and, if necessary, approval by the El Reno Municipal Planning
Commission has first been obtained.
(2)
An application for a building permit to construct a tower and/or
telecommunications facilities shall include:
(a)
The name, address, and telephone number of the owner and lessee
of the parcel of land upon which the tower and/or telecommunications
facilities are situated. If the applicant is not the owner of the
parcel of land upon which the tower and/or telecommunications facilities
are situated, the written consent of the owner shall be evidenced
in the application.
(b)
The legal description and address of the parcel of land upon
which the tower is situated.
(c)
A map showing the location of other towers or usable antenna
support structures within a one-half-mile radius of the proposed new
tower and/or telecommunications facilities site, including City-owned
property.
(d)
A map showing the target area the tower is proposed to be located
in, and the target coverage area of the proposed tower.
(e)
An affidavit attesting to the fact that the applicant made diligent,
but unsuccessful, efforts to obtain permission to install or co-locate
the applicant's telecommunications facilities on existing towers located
within a one-half-mile radius of the proposed tower site.
(f)
Construction drawings stamped by a licensed engineer which meet
or exceed the Building Code.
(g)
Towers being constructed with a zero-fall radius shall include
the means by which the zero-fall radius is attained on an additional
sheet stamped by a licensed engineer within the construction drawings.
(h)
A site plan showing the proposed location, and detailing compliance
with the parking, landscaping, and screening requirements of this
section.
(i)
The Act gives the FCC sole jurisdiction of the field of regulation
of RF emissions and does not allow the City to condition or deny on
the basis of RF impacts the approval of any telecommunications facilities
(whether mounted on towers or antenna support structures) which meet
FCC standards. In order to provide information to its citizens, the
City shall make available upon request copies of ongoing FCC information
and RF emission standards for telecommunications facilities transmitting
from towers or antenna support structures. Applicants shall be required
to submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC standards.
(j)
Payment of a permitting fee of $250 for a telecommunications
facility; or $100 for a co-located or stealth designed facility.
(3)
The City may require an applicant to supplement any information that
the City considers inadequate or that the applicant has failed to
supply. The City may deny an application on the basis that the applicant
has not satisfactorily supplied the information required in this subsection.
Applications shall be reviewed by the City in a prompt manner, and
all decisions shall be supported in writing, setting forth the reasons
for approval or denial.
E.
Zoning requirements.
(1)
A tower shall be a conditional use in all commercial and residential
zoning districts, including the Mixed Use Business (MUB) Zoning District
and Planned Unit Developments (PUDs). No person shall build, erect,
or construct a tower upon any parcel of land within any commercial
or residential zoning district as described above unless an application
for a conditional use permit shall have been made and approved by
the Municipal Planning Commission, and a building permit shall have
been made and a permit issued by the City. Application shall be made
to the City in the manner provided for in these regulations.
(2)
A tower shall be a permitted use by right in the agricultural and industrial zoning districts. A conditional use permit shall only be required within these districts for a special exception, as provided for in Subsection O of this section.
(3)
Antennas supported on antenna support structures, and accessory telecommunication
facilities which are designed as an architecturally compatible element,
shall be permitted in any nonresidential zoning districts. No person
shall build, erect, or construct antennas or accessory telecommunication
facilities upon any parcel of land within any nonresidential zoning
district unless an application for a building permit shall have been
made and a permit issued by the City. Application shall be made to
the City in the manner provided for in these regulations.
(4)
Antennas supported on antenna support structures, and accessory telecommunications
facilities which are designed as an architecturally compatible element,
shall be conditional uses in any residential zoning district. No person
shall build, erect, or construct antennas or accessory telecommunication
facilities upon any parcel of land within any residential zoning district
unless an application for a conditional use permit shall have been
made, and approved, by the Municipal Planning Commission, and an application
for a building permit shall have been made and a permit issued by
the City. Application shall be made to the City in the manner provided
for in these regulations.
(5)
Notwithstanding Subsection E(4), antennas supported on municipal facilities, such as water towers, fire stations and other similar buildings or structures, and accessory telecommunications facilities which are designed as an architecturally compatible element, shall be a permitted accessory use in any zoning district. No person shall build, erect, or construct antennas or accessory telecommunication facilities upon any parcel of land as a permitted accessory use within any zoning district unless an application for a building permit shall have been made and a permit issued by the City. Application shall be made to the City in the manner provided for in these regulations.
F.
Tower bulk regulations.
(1)
Maximum height: 150 feet within commercial and residential zoning
districts, excluding a lightning rod not to exceed 20 feet in height;
199 feet within all agricultural and industrial zoning districts,
with no exclusions.
(2)
Setback restrictions: Towers shall be set back from all property
lines a distance equal to the height of the tower, plus any antenna
or other structure such as a lightning rod. Guy wire anchors shall
be set back at least 20 feet from any property line.
(a)
If proposed tower is a monopole tower and is designed with a
zero-fall radius, as defined in this section, the setback shall be
administratively lowered to 50 feet from any public right-of-way and
50 feet from any property not under the same ownership as the property
upon which the tower is to be constructed.
(3)
Setback restrictions: Accessory structures shall be set back a minimum
of 10 feet or as required for structures in the appropriate district,
whichever is greater.
(4)
For purposes of measuring setbacks, lot coverage requirements, and
other such requirements, the dimensions of the entire lot shall be
used for calculations, even though a tower, telecommunications facility,
or antenna support structure may be on leased property which only
comprises a portion of the lot.
(5)
For purposes of measuring overall height, the tower height shall
be measured from the natural undisturbed ground surface at the center
of the base of the tower, and shall be measured to the top of the
tower structure.
G.
Structural requirements.
(1)
All towers must be designed and certified by an engineer to be structurally
sound and must, at a minimum, be in conformance with the Building
Code, and any other standards outlined in these regulations herein.
All commercial towers in operation shall be fixed to land.
(2)
No new tower shall be designed and built, constructed, or erected
in the City unless the tower is capable of co-location. All new towers
in excess of 100 feet in height shall provide space for at least two
additional telecommunications facilities comparable in weight, size,
and surface area to the telecommunications facilities installed by
the applicant. All towers in excess of 150 feet in height shall provide
space for at least three additional telecommunications facilities
comparable in weight, size, and surface area to the telecommunications
facilities installed by the applicant.
(3)
Sufficient anticlimbing measures shall be incorporated into the tower,
as needed, to reduce the potential for trespass or injury. No portion
of any exterior climbing apparatus may extend below a point 15 feet
above grade level.
H.
Method of determining tower height. Measurement of tower height for
the purpose of determining compliance with all requirements of these
regulations shall include the tower structure itself, the base pad,
and any other telecommunications facilities attached thereto which
extend more than 20 feet over the top of the tower structure itself.
Tower height shall be measured from the natural undisturbed ground
surface beneath the center of the base of the tower.
I.
Illumination.
(1)
Towers shall not be artificially lighted except as required by the
Federal Aviation Administration (FAA).
(2)
Security lighting may be installed around the base of a tower or
an accessory structure and shall be shaded so that no direct light
is cast upon any property located in a residential district and so
that no glare is visible to any traffic on any public street.
J.
Exterior finish. Towers not requiring FAA painting or marking may
have a natural galvanized metal finish. Other colors may be approved,
by City staff, which minimize the contrast of the tower against the
horizon. Colors shall minimize the visibility of the tower to the
greatest extent feasible.
K.
Screening, landscaping, and parking. Telecommunications towers permitted
under this section shall provide at least one off-street parking space
on site, and shall comply with the parking and loading, screening,
and landscaping sections of this article.
L.
Stealth design. A reasonable effort shall be made to design and construct
towers and telecommunications facilities to minimize their visibility.
Equipment placed on rooftops, mounted, or within buildings or structures
shall be screened or camouflaged with architectural devices that are
visibly opaque in order to blend in with the character and environment
of the area in which they are located.
M.
Signs. No advertising or other sign shall be permitted on a tower or antenna, except as may be required by the FCC or FAA, or other state or federal agency, subject to the requirements of § 361-23, Signs.
N.
Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure, subject to Subsection E(3) and (4) herein. The owner of such structure shall, by written certification to the City, establish the following at the time plans are submitted for a building permit:
(1)
That the height from grade of the telecommunications facilities shall
not exceed the height from grade of the antenna support structure,
and in no case be greater than the maximum permitted structure height
of the zoning district in which the telecommunications facilities
will be located; and
(2)
That any telecommunications facilities and their appurtenances located
above the primary roof of an antenna support structure are set back
one foot from the edge of the primary roof for each one foot in height
above the primary roof of the telecommunications facilities. This
setback requirement shall not apply to telecommunications facilities
and their appurtenances located above the primary roof of an antenna
support structure if such facilities are appropriately screened from
view through the use of panels, walls, fences, or other screening
techniques approved by the City. Setback requirements shall not apply
to stealth antennas which are mounted to the exterior of antenna support
structures below the primary roof, but which do not protrude more
than 18 inches from the side of such an antenna support structure.
O.
Special exceptions.
(1)
Notwithstanding the tower requirements provided for herein, a special exception of setback, height, or co-location requirements may be granted by the Municipal Planning Commission as a conditional use permit. If a special exception is requested with a conditional use permit, the following items shall be required in addition to those required in Subsection P of this section:
(a)
In the case of a request for a special exception of the setback
requirement, that the setback requirement cannot be met on the parcel
of land upon which the tower is proposed to be located and the alternative
for the person is to locate the tower at another site which is closer
in proximity to residentially zoned land.
(b)
In the case of a request for a special exception of the height
limit for towers, telecommunications facilities, or antenna support
structures, that the exception is necessary to:
[1]
Facilitate co-location of telecommunications facilities in order
to avoid construction of a new tower; or
[2]
Meet the coverage requirements of the applicant's wireless communications
system, which requirements must be documented with written, technical
evidence from an engineer(s) that demonstrates that the height of
the proposed tower is the minimum height required to function satisfactorily,
and no tower that is taller than such minimum height shall be approved.
P.
Conditional use.
(1)
The Municipal Planning Commission shall consider a conditional use permit application subject to the requirements set out in Article XXII, and shall also take into account the following additional standards:
(a)
Whether or not there are existing or approved towers, or antenna
support structures, located within the geographic area necessary to
meet the applicant's engineering needs.
(b)
Whether or not there are existing or approved towers or antenna
support structures within the applicant's required geographic area
that are of sufficient height to meet the applicant's system engineering
requirements.
(c)
Whether or not there are existing or approved towers or antenna
support structures that are of sufficient structural strength to support
the applicant's proposed antenna.
(d)
Whether or not the costs, fees, or other contractual terms required
by the owners of existing or approved towers or antenna support structures
within the applicant's required geographic area, or to retrofit an
existing or approved tower or antenna support structures, are reasonable.
Costs exceeding that of a new tower are considered unreasonable.
(e)
Whether or not there are other factors that render existing
or approved towers, buildings or structures within the applicant's
geographic area unsuitable.
(2)
An application for a conditional use permit shall require the submittal
of the following information:
(a)
A map and list of other towers or antenna support structures
within a one-half-mile radius of the proposed tower location that
can accommodate the proposed needs of the applicant. If existing towers
are available, then the applicant shall demonstrate that an alternative
location is due to one or more of the following:
[1]
Topographic limitations of the alternative location; or
[2]
Adjacent impediments or physical site constraints that preclude
the construction of a tower; or
[3]
Technical limitations of the alternative location; or
[4]
Planned equipment which would exceed the structural capacity
of an existing or approved tower, based on existing and planned uses
of the applicant; or
[5]
Existing or approved towers do not have space on which proposed
equipment can be placed so it can function effectively and reasonably;
or
[6]
The applicant demonstrates that there are other limiting factors
that render existing or approved towers unusable.
(b)
A description of the proposed tower and the number and type
of antennas the tower can accommodate.
(c)
Map of the service area of the tower.
(d)
Minimum height required to serve the desired service area of
the proposed tower.
(e)
A color photo simulation of the proposed tower from affected
residential properties and public rights-of-way.
(f)
A conceptual site plan and section view of the proposed tower
and telecommunications facilities, with particular reference being
given to the design characteristics that have the effect of reducing
or eliminating visual impacts on adjacent properties.
(g)
The legal description and address of the parcel of land upon
which the tower is, or will be, located.
(h)
An affidavit attesting to the fact that the applicant made diligent,
but unsuccessful, efforts to obtain permission to install or co-locate
the applicant's telecommunications facilities on existing towers or
usable antenna support structures located with a one-mile radius of
the proposed tower site.
(i)
In order to assist the Municipal Planning Commission in evaluating
visual impact, the applicant shall submit color photo simulations
showing the proposed site of the tower with a photo-realistic representation
of the proposed tower or antenna as it would appear viewed from the
closest residential property and from adjacent roadways.
(j)
Applicants shall be required to submit information on the proposed
power density of their proposed telecommunications facilities and
demonstrate by submitting written evidence from the FCC that the proposed
power density meets FCC standards.
(k)
The City, or Municipal Planning Commission, may require an applicant
to supplement any information that the City, or Municipal Planning
Commission, considers inadequate or that the applicant has failed
to supply. The City or Municipal Planning Commission may deny, or
table, an application on the basis that the applicant has not satisfactorily
supplied the information required in this subsection. Applications
shall be reviewed by the City in a prompt manner, and all decisions
shall be supported in writing, setting forth the reasons for approval
or denial.
Q.
Certifications and inspections. All towers shall be certified by
an engineer to be structurally sound and in conformance with the requirements
of the Building Code and all other construction standards set forth
by the City's Code and federal and state law. For new towers, such
certification shall be submitted with an application. The tower owner
may be required by the City to submit more frequent certifications,
should there be reason to believe that the structural and electrical
integrity of the tower is jeopardized.
R.
Maintenance.
(1)
Tower owners shall at all times employ ordinary and reasonable care
and shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the public.
(2)
Tower owners shall install and maintain towers, telecommunications
facilities, wires, cables, fixtures, and other equipment in compliance
with the requirements of the National Electrical Code, and all FCC,
state, and local regulations, and in such a manner that will not interfere
with the use of other property.
(3)
All towers, telecommunications facilities, and antenna support structures
shall at all times be kept and maintained in good condition, order,
and repair so that the same shall not menace or endanger the life
or property of any person.
(4)
All maintenance or construction of towers, telecommunications facilities,
or antenna support structures shall be performed by licensed maintenance
and construction personnel.
(5)
All towers shall maintain compliance with current RF emission standards
of the FCC.
(6)
In the event that the use of a tower is discontinued by the tower
owner, the tower owner shall provide written notice to the City of
its intent to discontinue use and the date when the use shall be discontinued.
S.
Nonconforming uses and nonconforming structures and modifications.
Preexisting towers, telecommunications facilities, and antenna support
structures shall not be required to meet the requirements of these
regulations, except upon expansion or reconstruction.
T.
Abandonment. Any commercial tower that is no longer in use for its
original communication purpose shall be removed at the owner's expense.
The owner and/or licensee shall provide the City a copy of its notice
to the FCC of intent to cease operations and shall be given 180 days
from the date of ceasing operations to remove the obsolete tower and
telecommunications facilities. In the case of multiple operators sharing
a single tower, this section shall not be effective until all users
cease operations. The owner shall restore the site as nearly as practical
to its previous condition.
[Added 6-15-2004 by Ord. No. 2986; amended 12-11-2018 by Ord. No. 9170]
A.
This section shall be known as the "El Reno Veneer Ordinance."
B.
ARCHITECTURAL METAL PANEL
BRICK
FOOTPRINT
GUTTERING
UNFINISHED
VENEER
WAINSCOT
Definitions. The following are definitions of words and terms as
they are used in this section. Any term not contained within this
list shall be construed in this section as defined in the latest edition
of Webster's Unabridged Dictionary.
[Amended 1-12-2021 by Ord. No. 9238]
Metal panels used as a veneer for a structure which create
a flush appearance along the surface of the panel. By definition,
fasteners for architectural metal panel are concealed from view from
the exterior of the building.
Any vitrified clay masonry unit that measures at least two
inches across and in depth at any point.
Enclosed floor space.
An appurtenance used to divert stormwater from a structure
that does not exceed 30 inches in girth at any point.
Not having a coating of weatherproof paint or other similar
finish.
A durable protective or ornamental facing; specifically,
of stone, brick, stucco, siding, or other like material. Metal is
explicitly not included as a veneer by this definition. Architectural
metal panel is allowed where provided for in this section.
The lowest four feet of the exterior wall of any structure
extending upward from grade.
C.
Regulations.
(1)
General requirements.
(a)
Any exposed metal that is allowed in Multifamily Residential
(R-3) or any commercial zoning district must have a painted, baked-on
finish.
(2)
(3)
Single-Family (R-1) and Combined (R-2) Residential Zoning Districts.
[Amended 1-12-2021 by Ord. No. 9238]
(5)
All other commercial zoning districts.
[Amended 1-12-2021 by Ord. No. 9238]
D.
Exemptions; appeals.
(1)
Buildings that are undergoing remodeling or renovation do not have
to comply with the provisions of this section, provided the footprint
of the building is not being expanded and no canopy is being enclosed.
(a)
Any canopy that is being enclosed must meet code.
(2)
Metal roofing is allowed, provided that it is of standing seam construction
or a functional architectural equivalent thereof.
(a)
Roofs being replaced or repaired with like materials on existing
buildings are exempt from this requirement.
(3)
Light fixtures, door frames, window frames, signs and guttering that
meet code are exempt.
(4)
Any appeal for relief from this section shall be filed with the Board
of Adjustment.
[Added 11-2-2004 by Ord. No. 2994; amended 7-10-2018 by Ord. No. 9151]
A.
Sidewalks shall be installed parallel to dedicated public streets
within all commercial and industrial zoning districts, and the R-1,
R-2, R-3 and R-4 Zoning Districts prior to a certificate of occupancy
being issued for a new primary structure, addition, or remodel which
increases the total square footage of buildings on the parcel by at
least 25%. All public sidewalks and walkways to be constructed after
the effective date of this section shall be no less than five feet
in width, and no less than six feet in width if adjacent to a curb
line.
B.
Sidewalk improvements shall be depicted in the preliminary plat for
all subdivisions, and improvements shall be completed prior to acceptance
of a final plat, or a performance bond for the same shall be obtained
by the developer.
C.
Sidewalks shall be constructed in accordance with the most recent
version of the ADA Standards for Accessible Design, in accordance
with the Americans with Disabilities Act.
D.
The installation of a new sidewalk shall not be required on lots
where there is an existing sidewalk, provided that the sidewalk is
in acceptable condition according to the City Manager or his designee.
E.
In certain instances, City staff may administratively approve a fee
in lieu of sidewalk development. Said fee, which shall be established
by resolution, shall be reserved for municipal sidewalk improvements.
Said improvements could include, but are not limited to the placement
and maintenance of sidewalks, the placement and maintenance of sidewalk
amenities, such as landscaping and benches, funding matches for sidewalk
improvement grants, and/or the acquisition of rights-of-way for the
purpose of expanding the sidewalk infrastructure. Residential and
commercial subdivisions are not allowed to request a fee in lieu of
sidewalk. A fee in lieu of sidewalks may be allowed should any of
the following sets of criteria be met:
(1)
(a)
The street frontage is not in the City's adopted sidewalk master
plan, which shall be established by resolution; AND
(b)
The development is not expected to generate retail traffic;
AND
(c)
The development is not expected to generate significant pedestrian
traffic; AND
(d)
No existing sidewalk pattern is established; OR
(2)
An alternative pedestrian way or multi-use path is proposed or existing;
OR
(3)
The development is located outside of the Sidewalk Prioritization
District, which shall be established by resolution.
F.
In addition to the sidewalks required otherwise in this section,
all buildings with a public entrance shall be required to provide
a walkway from the required sidewalk to said public entrance. This
walkway shall be constructed in accordance with the most recent version
of the ADA Standards for Accessible Design, in accordance with the
Americans with Disabilities Act, and shall include striped crosswalks
at any crossing with vehicular traffic (i.e. parking lots).
[Added 8-2-2011 by Ord. No. 9006]
A.
Title. This section shall be known as the "Wind Energy Ordinance."
B.
ACCESSORY WIND GENERATOR
APPLICANT
NONPARTICIPATING LANDOWNER
OCCUPIED BUILDING
OWNER
PROJECT LANDOWNER
TURBINE HEIGHT
WIND ENERGY FACILITY
WIND TURBINE
Definitions. The following are definitions of words and terms as
they are used in this section. Any term not contained within this
list shall be construed to be used in this section as defined in the
latest edition of Webster's Unabridged Dictionary.
A mechanical device used to convert wind to electrical power
that is attached to a structure serving a primary use other than supporting
the generator or its equipment.
The person or entity filing an application under this section.
Any landowner other than a project landowner.
A residence, school, hospital, church, or other building used for public gathering that is occupied or in use when the building permit application under Subsection C(1) is submitted.
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
Any landowner on whose property all or a portion of a wind
energy facility is located pursuant to an agreement with the owner.
The distance from the rotor blade at its highest point to
the top of the surface of the tower foundation.
An electric-generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, operations
and maintenance buildings, meteorological towers, electrical infrastructure,
transmission lines and other related structures and facilities.[1]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
C.
Application and permit requirements.
(1)
A building permit shall be required prior to construction of a wind
energy facility or accessory wind generator.
(2)
Application and permit fees shall be set by the City Council via
resolution.
(3)
The building permit application shall demonstrate that the proposed
wind energy facility or accessory wind generator will comply with
this section.
(4)
Application contents for a final permit to construct a wind energy
facility shall include three copies of the following:
(a)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the approximate
generating capacity of the wind energy facility; the approximate number,
representative types and height of wind turbines to be constructed,
including their generating capacity, dimensions and respective manufacturers;
and a description of ancillary facilities.
(b)
A written statement, memorandum of lease, or similar evidence
of agreement between each prospective project landowner and the owner
demonstrating that the owner has the permission of each prospective
project landowner to apply for a building permit for the construction
and operation of the wind energy facility.
(c)
The name, address, and telephone number of the applicant, owner
and all prospective project landowners.
(d)
A site plan demonstrating compliance with Subsection E(1)(a) below, showing property lines (including identification of adjoining properties), setback lines, occupied buildings, and the planned location of each wind turbine, access roads, substations, electrical cabling, transmission lines, ancillary equipment, buildings and structures.
(e)
Any required studies, reports, certifications, and approvals,
as reasonably necessary to demonstrate compliance with the provisions
of this section.
(5)
Prior to submission of a final permit application as described in Subsection C(4), applicants may apply for a preliminary permit to construct a wind energy facility. Application contents for a preliminary permit shall consist of, at a minimum, the items described in Subsection C(4)(a) and (d). The City shall review the submittal and issue a preliminary permit to the applicant within 30 days after receipt of the submittal if the submitted items comply with the applicable requirements of Subsection C(3) and (4), provided that any items required by Subsection C(3) and (4) and not included the submittal must be delivered in form and substance as required by this section as a condition to issuance of a final permit to construct a wind energy facility. After receipt of a preliminary permit, the applicant may revise items included in the preliminary permit application and submit those revised items as part of the final permit submittal. The City shall review the final permit submittal and issue a final building permit within 30 days after receipt of the submittal if the submittal meets the requirements of this section.
(6)
Preliminary permit approval is valid for one year.
D.
Zoning. Installations shall be allowed as described in the following
districts:
(1)
Wind energy facilities and accessory wind generators shall be allowed
as a use by right in the Wind Energy Overlay (WEO) District.
(2)
Accessory wind generators and wind energy facilities with a total
output of less than 50,000 watts shall be allowed as a use by right
and wind energy facilities may be allowed via conditional use permit
in the Rural Agricultural (A-1) and industrial districts.
(3)
Accessory wind generators shall be allowed via conditional use permit
in the residential and commercial districts.
E.
Specific requirements for wind turbine towers.
(1)
Site design.
(a)
Setbacks.
[1]
Roads. Wind turbines shall be set back a distance of at least
1.1 times the turbine height from public roads, third-party transmission
lines, and communication towers. The City may waive this setback requirement.
[2]
Nonparticipating landowner property lines. Wind turbines shall
be set back a distance of at least 1.1 times the turbine height from
adjacent nonparticipating landowner property lines. The affected nonparticipating
landowner may waive this setback requirement.
[3]
Occupied buildings. Wind turbines shall be set back a distance
of 1,000 feet from any occupied building. The setback distance shall
be measured from the center of the wind turbine base to the nearest
point on the foundation of the occupied building. The owner of the
occupied building may waive this setback requirement, but in no case
shall a wind turbine be located closer to an occupied building than
1.1 times the turbine height.
[4]
Any waiver of any setback requirement shall be recorded in the
Canadian County Clerk's office. The waiver shall advise all subsequent
purchasers of the burdened property that the waiver of setback shall
run with the land.
(b)
Height restrictions. Total turbine height cannot exceed 600
feet without a variance from the Board of Adjustment.
(c)
Climb prevention/locks.
[1]
Tower: The tower must be equipped with anticlimbing devices,
and no portion of any exterior climbing apparatus may extend below
a point 15 feet above grade level.
[2]
Site access: All access doors to wind turbines and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by nonauthorized persons.
(d)
Signage, including corporate logos, advertisements, graphics
or other nonessential markings, is prohibited. A clearly visible warning
sign concerning voltage must be placed at the base of all pad-mounted
transformers and substations.
(e)
Local emergency services. The applicant shall provide a copy
of the project summary and site plan to local emergency services,
including paid or volunteer fire department(s). Upon request, the
applicant shall cooperate with emergency services to develop and coordinate
implementation of an emergency response plan for the wind energy facility.
(f)
Lighting. Security lighting is allowed, provided that it is
installed at a point not over 30 feet above grade and a ground-lighting-type
fixture is used.
(g)
Wiring. High-voltage collection cables less than 34,500 volts
in capacity must be buried a minimum of three feet below grade.
(h)
Environmental.
[1]
Noise. Audible noise from an operating wind energy facility
shall not exceed 55 decibels (dBA), as measured at the exterior of
any occupied building on a nonparticipating landowner's property,
for any period of time.
[2]
Shadow flicker. Should shadow flicker adversely affect any occupied
building on a nonparticipating landowner's property, which occupied
building is located within a distance from the base of any wind turbine
in the wind energy facility equal to 10 times the rotor diameter of
such wind turbine, the owner shall use commercially reasonable efforts
to remedy the problem on a case-by-case basis by undertaking measures
such as planting trees or vegetation or installing awnings.
[3]
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals. If, after construction of the wind energy facility,
the owner receives a written complaint related to signal interference,
the owner shall take reasonable steps to respond to the complaint
and mitigate any interference determined to be caused by the wind
energy facility.
(2)
Wind turbine design. Wind turbines with a total output of more than
50,000 watts shall conform to the following requirements:
(a)
Design safety certification. Wind turbines shall conform to
applicable industry standards, including those of the American National
Standards Institute. The applicant shall submit certificates of design
compliance obtained by the equipment manufacturers from Underwriters'
Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energie,
or an equivalent third party.
(b)
Appearance. Towers and blades shall be painted white, off-white,
gray or another nonreflective, unobtrusive color.
(c)
Clearance. No portion of any rotor or airfoil may be less than
50 feet above grade.
(d)
Lighting. Only minimum lighting required by the Federal Aviation
Administration is allowed.
(3)
Decommissioning and restoration. The owner shall comply with the
State of Oklahoma decommissioning and restoration requirements set
forth in the Oklahoma Wind Energy Development Act (17 O.S. § 160.11
et seq.), as may be amended from time to time.
[Added 6-10-2014 by Ord.
No. 9057]
A.
Purpose.
The purpose of establishing guidelines for streets, avenues, and highways
is to provide for safe and efficient operation of public roadways.
Road users have the right to travel on a street with relative safety
and freedom from unreasonable delays due to traffic interference.
Interference is generally the result of vehicles entering, leaving
or crossing at intersecting streets or driveways. Traffic safety depends
on proper site design and traffic controls. To minimize accidents
and assure the best overall use of the road by citizens, it is necessary
to regulate traffic on all public streets, including the ingress to
and egress from public and private properties.
B.
Authority.
The City of El Reno has jurisdiction over public thoroughfares and
is given responsibility in regards to driveway location, design and
operation. Property owners have certain rights of access to abutting
streets. When conflicts of interest between motorists and property
owners cannot be resolved to a reasonable degree, preference should
be given to the safe and efficient use of the street after the property
owner's minimum rights of ingress and egress have been addressed.
C.
CURB RADIUS
DRIVEWAY TYPES
(1)
(2)
(3)
FIRE LANES FROM THE FIRE DEPARTMENT
HIGH-VOLUME VERSUS LOW-VOLUME DRIVEWAY
STATE OR U.S. HIGHWAY
STREET CLASSIFICATION
(1)
(2)
(3)
(4)
(5)
(6)
URBAN AREA
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Governed by the paths that vehicles follow when making turns.
The minimum radius possible is used to reduce the amount of area required
for a driveway. Large vehicles must "swing" into adjacent lanes if
the curb radius is too small. The radius starts at the point of curvature
on the street curbline.
RESIDENTIALA driveway providing access to a single-family residence, duplex or an apartment building containing fewer than four dwelling units.
COMMERCIALA driveway that provides access to a school, office, retail or institutional property or a residential multifamily dwelling that has four or more dwelling units. Heavy trucks usually serve such sites as an incidental use but these driveways typically provide access for heavy automobile and light-duty truck traffic. Driveways that serve administrative, employee or customer parking at industrial sites are also considered commercial applications.
INDUSTRIALA driveway that directly serves substantial heavy truck traffic to and from loading docks of an industrial facility. A shopping center or any other retail facility where heavy deliveries are received should have at least one driveway specifically designed to accommodate such traffic as well.
A hard-surface, all-weather road to provide access for fire
apparatus. These lanes must be constructed of concrete or asphalt
and must be at least 15 feet in width with the road edge closest to
the building but no closer than 10 feet from the structure. Fires
lanes are mandated for any building exceeding 4,000 square feet in
gross floor area. Fire lanes shall not dead end unless provided with
a cul-de-sac at the end with a diameter of not less than 90 feet.
A low-volume driveway creates relatively little conflict
on the adjoining street. A high-volume driveway can create severe
interference on an adjoining street. A high-volume driveway can create
severe interference on an adjoining street with certain movements;
such as the left-turn entry in the absence of an exclusive left-turn
lane. Another movement which is sensitive to the spacing of driveways,
relative to the nearest traffic control on the abutting streets, is
the left-turn exit movement. Such movements are also relatively hazardous
due to the potential for accidents with oncoming traffic. The right-turn
entry into a driveway is the second most sensitive movement. This
movement can also impede traffic. A high-volume driveway is defined
as a drive with a peak-hour volume, either into or out of the drive,
which exceeds 100 vehicles per hour.
Roadways designated as state or federal highways require
application for direct access through the State of Oklahoma Department
of Transportation with the consent of the City of El Reno.
The street system is classified into groups of facilities
whose traffic purposes complement one another and can be thought of
as a hierarchy of network relationships within the overall transportation
system (see Comprehensive Plan).
FREEWAYA multilane divided highway having a minimum of two lanes for exclusive use of traffic in either direction and full control of ingress and egress. A freeway provides the highest level of mobility along the street categories and is not intended to for direct land access. Access and egress is provided by an integrated system of ramps. (Example: Interstate 40)
PRIMARY ARTERIALServes principally as a route for through traffic and is used for accessing abutting properties as a secondary function. Arterials provide continuity of several miles, generally connecting with intercity routes and providing a system to distribute traffic from the freeway system. (Example: U.S. 81 and S.H. 66)
SECONDARY ARTERIALStreets that augment the primary arterial system and provide a lower level of mobility and distribute traffic to smaller geographic areas. These streets are typically "section line" roads. (Examples: S. Country Club Road, Shepard Road, Foreman Road, Elm Street and 27th Street)
COMMERCIAL AND INDUSTRIAL COLLECTORSurface streets that provide land access and traffic circulations service within commercial and industrial areas. These collectors are designed to handle traffic volumes loading to and from local and arterial streets.
RESIDENTIAL COLLECTORDesigned to carry traffic volumes traveling to and from local and arterial streets. These are usually continuous for two miles or less with stop signs being used as the primary traffic control devices. "Back out" drives should be minimized.
LOCAL STREETProvides direct access to residential, commercial or other abutting property uses. Through traffic should be discouraged, as the local street must he designed for the safety of all road users. Local streets should not carry more than 1,500 daily trips.
An area is defined as "urban" if the developed area is within
the El Reno City limits and is designated as either "existing" or
"future" urban area by the Comprehensive Plan (see development timing).
D.
Administration.
(1)
Access
to any public street within City limits requires a written driveway
permit approved by the Community Development Director or designee(s).
(2)
Application
for driveway permits shall be submitted to the Community Development
Department, and driveway permits may be applied for at the time a
building permit application is submitted. Plans shall meet all criteria
established by the Department for obtaining a building permit and
shall be specific to the types of materials to be utilized in constructing
any improvements within the right-of-way.
(3)
Any
approach onto a state highway must first be reviewed by the Community
Development Department before being submitted to the Oklahoma Department
of Transportation. Once the application has state approval, a permit
will then be issued by the Community Development Department.
(4)
The
cost of the driveway permit will be established by City Council.
(5)
All
driveways abutting public streets must be inspected.
(a)
All initial inspections must be requested through the Community Development
Department at least before 12:00 noon on the day that they are needed.
A reinspection fee will be charged should the job not be ready within
15 minutes of the time requested.
(b)
Initial inspections will consist of inspecting the driveway's base,
curb and driveway forms.
(c)
A final inspection shall be called for once the concrete is installed.
E.
Driveway
design and construction requirements. The fewer driveways present
on an urban street, the more effectively the street will serve its
crucial function of moving traffic. Spacing between driveways and
intersections should be appropriate to the character of the driveway
and street. These design guidelines should be used, recognizing that
the Community Development Department may need to adapt requirements
for a particular driveway based on traffic conditions.
(1)
Driveway
to intersection separation.
(a)
Separation requirements shall be based on the following configuration:
|
Contiguous Frontage Owned
(feet)
|
Driveways Allowed
| |
|---|---|---|
|
0 to 200
|
1
| |
|
201 to 500
|
2
| |
|
501 to 900
|
3
| |
|
NOTE: An additional driveway shall be allowed for each 250 feet
or portion thereof in excess of 900 feet.
| ||
(b)
Driveway spacing should be allowed to allow reasonable deceleration
of vehicles approaching on the street and acceleration by vehicles
entering the street. Median breaks for driveways should not be considered
unless there is there is a high-occupancy application such as a major
office building, shopping center, or industrial site that would create
a significant traffic count. Median breaks must be approved by the
Public Safety Committee, City Engineer and Public Works Director and
should be located so that traffic signal progression patterns are
not disrupted.
(c)
The City of El Reno requires that adjacent commercial, industrial,
or institutional properties interconnect parking lots to provide a
fire lane easement. If such properties are granted two or more driveways,
and the adjacent property owners have interconnected parking lots,
then the developed properties must connect parking lots at a grade
that allows for automobile traffic to traverse between the two properties
at a width that conforms to this section. Additional fire lane access
easements may be required in accordance with Fire Department policies
and the International Building Code.
(2)
Driveway
to intersection separation.
|
Driveway-Intersection Separation Guidelines
| |||||
|---|---|---|---|---|---|
|
Street on Which the Driveway will be Located
| |||||
|
Street
|
Primary Arterial
(feet)
|
Secondary Arterial
(feet)
|
Commercial Industrial Collector
(feet)
|
Residential Collector
(feet)
|
Local
(feet)
|
|
Freeway frontage road
|
N/A
|
N/A
|
150
|
150
|
200
|
|
Secondary Arterial
|
150
|
150
|
100
|
100
|
100
|
|
Commercial Industrial Collector
|
100
|
100
|
75
|
60
|
60
|
|
Residential Collector
|
100
|
100
|
60
|
50
|
50
|
|
Local Street
|
100
|
100
|
50
|
50
|
50
|
(3)
Existing
driveways across the street from proposed driveway. In order to ensure
smooth egress and ingress, proposed driveways shall be located directly
across the street from existing driveways where possible.
(4)
Driveway
widths and curb radius. The radius of a driveway curb return is a
critical element in the efficient operation of a driveway, especially
for traffic making right turns. The following table indicates the
minimum and maximum allowable driveway dimensions:
|
Driveway Dimension Guidelines
| |||||
|---|---|---|---|---|---|
|
A-1, A-2, RE, R-1, R-2, R-4 Zoned Areas
(feet)
|
R-3 and All Commercial Zoned Areas
(feet)
|
Industrially Zoned Areas
(feet)
| |||
|
Width
| |||||
|
Minimum
|
10(a)
|
24(b)
|
24(b)
| ||
|
Maximum
|
30
|
35
|
40
| ||
|
Radius
| |||||
|
Minimum
|
5
|
15
|
20
| ||
|
Maximum
|
15
|
20
|
25
| ||
(a)
All single-family dwellings must still have two sealed, paved parking
spaces at least eight feet wide and 10 feet in length. Duplexes must
have at least two spaces per unit of said dimensions.
(b)
One-way drives may be a minimum of 20 feet in width, provided there
is adequate signage and marked paving to indicate such usage.
(5)
Driveway
structural design. All work in the right-of-way shall be constructed
of 3500-psi fiberglass mesh reinforced concrete with a minimum thickness
of six inches. An expansion joint shall be installed at the approximate
location of the property line. No rebar shall be allowed in this area.
The driveway's base shall be a minimum of six inches of screened sand
or aggregate acceptable to the Community Development Department.
(6)
Curb
design and requirements.
(a)
Whenever a driveway installation requires a curb cut, then the driveway
radii should be integrated to accommodate a smooth transition between
the two surfaces.
(b)
Curb extensions are required where the subject property's frontage
abuts any neighboring property where a curb is present. In such instance,
the curb shall be extended across the entire frontage for which a
driveway permit has been submitted.
F.
Variances.
Under special circumstances, this policy may not be pertinent to a
proposed driveway. The City Engineer and/or the Board of Adjustment
may approve a driveway if it does not conform with this section and
is determined to not conflict with issues of health, safety, or welfare.
Additionally, if a proposed driveway does not conform with this section,
the applicant may supply a traffic impact analysis conducted by a
certified engineer to show its impact on the roadway.
[Added 4-9-2024 by Ord. No. 9344; amended 8-13-2024 by Ord. No. 9352]
The permitted uses in all districts are set forth in the table below. Where the letter "X" appears on the line of a permitted use and in the column of a district, the listed use is permitted in that district, subject to the general provisions of Chapter 361. Where the letter "P" appears instead of the letter "X," this use is permitted subject to acquiring a conditional use permit as set forth in Article XXII. If a use is not found in this table, then the uses listed in §§ 361-39, 361-43, 53, 361-57, 361-61, 361-68, 361-81, 361-111, and 361-114 shall prevail.
|
Use Type
|
A-1
|
A-2
|
R-1
|
R-2
|
R-3
|
R-E
|
R-M
|
R-C
|
CO
|
CC
|
CR
|
CSC
|
CAR
|
CBD
|
I-1
|
I-2
|
I-3
|
Use Standards
|
Definition
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Transportation Uses
| |||||||||||||||||||
|
Automobile Paid Parking Lot/Garage
|
X
|
X
|
X
|
X
|
X
|
P
|
X
|
X
|
X
|
An area or structure where a fee is charged for parking automobiles
and which serves as the primary use on the lot. This use does not
include the storage of gasoline.
| |||||||||
|
Automobile Parking Lot/Garage (Accessory)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
P
|
X
|
X
|
X
|
An area or structure where the parking of automobiles serves
as the accessory use on the lot. This use does not include the storage
of gasoline.
| ||||||
|
Automobile Parking Lot/Garage (Primary)
|
P
|
An area or structure where the parking of automobiles serves
as the primary use on the lot. This use does not include the storage
of gasoline.
| |||||||||||||||||
|
Cargo Truck Terminal
|
P
|
X
|
X
|
An area and building where cargo is stored and where trucks,
including tractors and trailer units, load and unload cargo on a regular
basis, including facilities for the temporary storage of loads prior
to shipment.
| |||||||||||||||
|
Recreational Vehicle/Boat Rental, Parking Lot or Garage, or
Storage
|
X
|
X
|
X
|
An area or structure designed for the short- or long-term rental,
parking or storage of recreational vehicles or boats.
| |||||||||||||||
|
Truck Parking Lot or Garage (Accessory)
|
X
|
X
|
X
|
An area or structure designed for the short- or long-term parking
or storage of trucks, buses, or heavy load vehicles as an accessory
use.
| |||||||||||||||
|
Truck Parking Lot or Garage (Primary)
|
X
|
X
|
X
|
An area or structure designed for the short- or long-term parking
or storage of trucks, buses, or heavy load vehicles.
| |||||||||||||||
|
Warehousing and Storage
| |||||||||||||||||||
|
Mini-Warehouse/Self-Storage
|
X
|
X
|
X
|
A building(s) containing separate, individual self-storage units
for rent or lease. The conduct of sales, business, or any activity
other than storage shall be prohibited within any individual storage
unit.
| |||||||||||||||
|
Office/Warehouse/Distribution Center
|
X
|
X
|
X
|
A building primarily devoted to storage, warehousing, and distribution
of goods, merchandise, supplies, and equipment. Accessory uses may
include retail and wholesale sales areas, sales offices, and display
areas for products sold and distributed from the storage and warehousing
areas.
| |||||||||||||||
|
Storage or Wholesale Warehouse
|
X
|
X
|
X
|
A building used primarily for the storage of goods and materials.
| |||||||||||||||
|
Vehicle Impound Lot
|
P
|
A parcel of land used as temporary storage; maximum 30 days
for vehicles, including damaged vehicles. No dismantling or disassembling
of vehicles is permitted.
| |||||||||||||||||
|
Wholesaling, Storage and Distribution: Farm Products
|
X
|
X
|
Open-air storage, distribution and handling of materials and
equipment associated with farming activities. Typical uses include
grain, hides, skins, raw furs, livestock, petroleum products (bulk
station or terminal), scrap or waste materials.
| ||||||||||||||||
|
Wholesaling, Storage and Distribution: General
|
X
|
X
|
X
|
Open-air storage, distribution and handling of materials and
equipment. Typical uses include monument or stone yards; oil field
pipe storage; and outdoor storage yards where activity may generate
noise and dust.
| |||||||||||||||
|
Wholesaling, Storage and Distribution: Restricted
|
X
|
X
|
X
|
Wholesaling, storage and warehousing services within enclosed
structures. Typical uses include wholesale distributors; storage warehouses
or moving and storage firms; and meat or food lockers.
| |||||||||||||||
|
Wrecker Service (No Impound Yard)
|
X
|
X
|
X
|
An establishment for the removal of a motor vehicle by towing,
carrying, hauling or pushing from public or private property when
such vehicle is inoperable or has been ordered to be impounded to
a public or private impound lot.
| |||||||||||||||
|
Food & Beverage Service Uses
| |||||||||||||||||||
|
Bar/Tavern
|
X
|
X
|
X
|
A structure or part of a structure used primarily for the sale
or dispensing of alcoholic beverages or liquor by the drink.
| |||||||||||||||
|
Bar/Tavern (Accessory Use for Restaurants)
|
X
|
X
|
X
|
X
|
X
|
A place within a restaurant or other business building for the
service of alcoholic beverages and associated snacks for on-site consumption
that shares common space (opening, entryway or interior space) and/or
ventilation with the restaurant or other business.
| |||||||||||||
|
Catering Service
|
P
|
X
|
X
|
X
|
An establishment that prepares food for service at a remote
site.
| ||||||||||||||
|
Restaurant, Drive-In
|
X
|
X
|
X
|
X
|
X
|
A restaurant where customers purchase and consume prepared food
on the premises in their automobiles.
| |||||||||||||
|
Micro-Food & Beverage Production
|
X
|
X
|
X
|
X
|
X
|
An establishment that produces, bottles, and/or distributes
small quantities of food or beverages that are not part of a restaurant
type use. Typical examples include, but are not limited to microbreweries,
nanobreweries, brewpubs, wine blending, chocolatiering, coffee bean
roasting, bakeries, confectioneries, delicatessens, and limited food
production.
| |||||||||||||
|
Restaurant, Without Drive-Thru
|
X
|
X
|
X
|
X
|
An area or structure in which the principal use is the preparation
and sale of food and beverages. Operations may or may not include
outdoor seating areas or outdoor food service, but the operation does
not include a drive-through or drive-in facility.
| ||||||||||||||
|
Restaurant, With Drive-Thru
|
X
|
X
|
X
|
X
|
X
|
An eating/drinking establishment in which the principal business
is the sale of foods or beverages to the customer in a ready-to-consume
state and in which the design or method of operation of all or any
portion of the business allows food or beverages to be served directly
to the customer in a motor vehicle without the need for the customer
to exit the motor vehicle.
| |||||||||||||
