Oklahoma Admin. Code Title 120 | Oklahoma Administrative Code, Title 120 — Capitol-Medical Center Improvement and Zoning Commission

Chapter 10 Zoning Regulations for the Capitol-Medical Center Improvement and Zoning District

Subchapter 1 General Provisions

Okla. Admin. Code § 120:10-1-1 Purpose

The regulations in this Chapter are necessary to encourage the most appropriate use of land; to maintain and stabilize the value of property; and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; to create a comprehensive and stable pattern of land uses upon which to plan for transportation, schools, parks, public buildings, and other facilities; to bring about the coordinated physical development of the District in accordance with present and future needs.

History

Amended at 25 Ok Reg 2143, eff 7-11-08
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-1-2 Citation

In accordance with the authority granted by the Legislature of the State of Oklahoma in Title 73, Chapter 4, Sections 82.1-83.14, as amended, of the Oklahoma Statutes, this Chapter shall be known and cited as the Capitol-Medical Center Improvement and Zoning District Regulations.

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-1-3 Definitions

For the purpose of this Chapter, words used in present tense shall include the future tense; words in the singular number include the plural and words in the plural include the singular, except where the natural construction of the writing indicates otherwise. The word 'shall" is mandatory and not discretionary. In addition the following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Accessory structure" means a secondary building or structure, the use of which is incidental to that of the main building on the premises.

"Accessory use" means a secondary use or occupancy compatible to the principal use of the main building.

"Adult day care center" means a public or private facility where for compensation, a staff provides day care services to four (4) or more unrelated functionally impaired or physically disabled adults; services include, but are not limited to meals, recreation, socialization skills, counseling, and therapy.

"Advertising sign" or "structure" means any metal, wood, plastic, plaster, stone, or other sign placed for outdoor advertising purposes on the ground or any wall, post, building, or structure.

"Alley" means a street but not a public street, located between or behind buildings that is used to provide a secondary or service access to the abutting properties.

"Alter or Alterations" means the changing or remodeling of a building, structure or site that does not add to or otherwise increase the physical size or floor area of the main building on the site.

"Automobile" means a self-propelled mechanical vehicle designed for use on streets and highways for the transport of goods and people including but not limited to the following: passenger cars, trucks, buses, motor scooters, and motorcycles.

"Automobile repair and service" means a facility for the care, servicing, repair, or equipping of automobiles.

"Automobile service stations" means an area of land used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, which may or may include facilities for lubricating, washing, cleaning or servicing automobiles but not including painting.

"Automobile wrecking" or "Salvage yard" means an area outside of a building where motor vehicles are disassemble, dismantled, junked, or "wrecked"; or where motor vehicles not in operable conditions or used parts of motor vehicles are stored.

"Basement" means the portion of a building story having more than one-half of its height below grade. A basement shall be considered a story for the purpose of height regulations, only if more than one-half of its height is above grade or if the level of the first floor is more than eight feet above the established grade at any point.

"Boarding house" means a building, where, for compensation and by prearrangement for definite periods, lodging is provided for three (3) or more persons, provided that such persons are unrelated or are not living together as a family. The maximum number of persons permitted to live in a boarding house shall not exceed fifteen (15) persons.

"Building" means a more or less enclosed permanent structure intended for occupancy and use as, but not limited to housing, commerce, and industry.

"Building area" means the total area of a site which is covered by a building or buildings as measured on a horizontal plane at ground level, terraces and uncovered porches are excluded from the total area.

"Building Coverage Ratio" means a mathematical expression determined by dividing the total footprint area of all buildings on a site by the area of the lot on which the buildings are located as: Building Coverage Ratio = Total Area of Building Footprint(s) / Total Area of Lot.

"Building height" means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or in the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

"Building line" means a line established by law usually parallel to a property line, beyond which a structure may not extend; this does not apply to uncovered entrance platforms, porches, terraces, and steps.

"Building site" means an area or parcel of land with defined limits on the location or proposed location of buildings or structures.

"Carport" means a covered shelter opened on one or more sides designed for storage of private motor vehicles.

"Certificate of Appropriateness" means the official document issued by the Historical Preservation and Landmark Board of Review approving and/or concurring in the application for permission to construct, demolish, relocate, reconstruct, restore, or alter any structure designated by the authority of this regulation.

"Chemical dependence treatment center, residential" means a residential facility where unrelated persons reside temporarily and are evaluated and provided treatment by a staff of professionals while recovering from drug addiction, alcoholism, or psychological illness resulting from chemical substance abuse.

"Child care center" means any public or private facility that, for compensation, receives six (6) or more children under the age of thirteen (13) years not of common parentage and, apart from their parents, legal guardians or custodians.

"Child care facility" means a facility operated by a person, public or private institution where, for compensation and definite time periods, children under the age of thirteen (13) years, not of common parentage, for care apart from their parents, legal guardians or custodians, are received and provided care; the program may or may not include educational, recreational, and social activities.

"Child care home" means a private residence where, for compensation, the owner/occupant receives five (5) or less children for care, and is operated in a manner that preserves the home as a primarily residential use and will not change the character of the residence.

"Childhood development center" means a public or private facility that offers a development program for children with learning or physical disabilities, services provided include, but are not limited to, testing, screening, counseling, treatment, therapy, and educational programs.

"Commission" means the Capitol-Medical Center Improvement and Zoning Commission.

"Community treatment center" means a public or private facility that does not include residential accommodations, where a staff of professionals evaluates and provides treatment for persons suffering or recovering from physical, emotional, or substance abuse problems.

"Court" means an open, uncovered, unoccupied space, partially or fully surrounded by walls or buildings.

"Courtyard" means an open area that is partially or fully enclosed by one or more buildings and/or by walls.

"Drive-in restaurant" means an establishment designed to permit its patrons to purchase and consume food and/or non-alcoholic beverages while they remain in their automobiles on the premises.

"Drug treatment center" or "halfway house" means a facility where unrelated persons, reside temporarily while recovering from treatment for chemical dependence, alcoholism or a psychological illness and no counseling or treatment is provided on the premises. This definition does not include "halfway house or sober houses" as defined by the Americans with Disabilities Act.

"Dry cleaning" or "self-service laundry" means a building or part of a building available to the general public for the purpose of washing, drying, dry cleaning wearing apparel, and textiles by means of mechanical appliances which are operated primarily by the customer or an attendant.

"Dwelling" means a building, designed or used as living quarters for one or more families, but not including house trailers, mobile homes, or travel trailers.

"Dwelling, accessory" means a second dwelling that is subordinate to the principal dwelling on an owner-occupied parcel in a RD-1 or RD-2 district and is occupied by no more than one person; accessory dwellings are located to the rear of the rear building line of the main building and have a floor area of 50% or less of the floor area of the main building on the parcel.

"Dwelling, attached" means a residential building sharing one or more of its sidewalls with an adjoining unit.

"Dwelling, detached" means a dwelling standing completely alone, not sharing a wall with another dwelling having open space on all sides.

"Dwelling, single-family" means a dwelling designed to accommodate and be occupied by one family.

"Dwelling, two-unit" means a building for residential use designed to accommodate two family units to be occupied by two families living independently of each other.

"Dwelling, multi-unit" means a building for residential use designed to accommodate several separate family units, usually for occupancy by three or more families living independently of each other.

"Dwelling" or "row house" or "townhouse" means one of a series of houses constructed in an unbroken row, sharing one or more of its sidewalls with a neighbor; each unit has a separate outdoor entrance and is designed to be occupied by one family.

"Exterior architectural feature" means any architectural design element or detail that characterize an architectural style including but not limited to building materials, windows, signage, doors, iron work, and other ornaments.

"External improvement" means any installation or physical change made to a property to increase its value and/or improve its aesthetic quality.

"Family" means one or more persons related by blood or marriage, including adopted children, or a group of, not to exceed, five persons (not related by blood or marriage), occupying the premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a boarding house, group home or hotel.

"Floor area, gross" means the area within the perimeters of the outside wall of a building as measured from the inside surface of the exterior walls, with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features.

"Floor area, net" means the actual occupied area of building devoted or intended to be developed to a particular use, with structural head room of seven (7') feet or more, whether above or below the finished lot grade, not including accessory unoccupied areas or thickness of walls.

"Floor area ratio" means a mathematical expression determined by dividing the gross floor area of a building by the lot area on which it is located as: Floor Area Ratio (FAR) = Gross Floor Area of Building(s) / Total Area of Lot

"Frontage" means the length of a lot line or a building site along a street or other public way.

"Garage or parking structure" means a building for short term storage of motor vehicles, having 2 or more tiers or levels and at least 2 partially open sides.

"Garage apartment" means a dwelling unit occupied by 1 family constructed above a private garage.

"Garage, private residential" means an accessory building or part of a main building used for storage of motor vehicles owned by the occupants and guests of the main building.

"Good repair" means a condition which not only meets the minimum standards of health and safety, as detailed in the International Building Code Book of the City of Oklahoma City, but which also guarantees continued attractiveness, structural soundness, and usefulness.

"Gross floor area" (See "Floor area, gross") "Group home" means a dwelling where the occupants reside temporarily and are furnished with independent sleeping and living quarters, shared or individual kitchens and dining facilities in an environment that provides a group setting of social contact, mutual support and assistance. Medical or psychological treatment may be provided on the premises. Compensation for living quarters may or may not be required.

"Health care facilities" means any facility related to health care and/or treatment of physical or emotional illness which include but are not limited to the following:

(A) "Clinic, dental, medical or mental health" means a facility for the evaluation, examination, and treatment of physically or emotionally ill out-patients, including all clinic facilities associated with any college within the University of Oklahoma Medical School.

(B) "Dental or medical laboratories" means a facility operated for the primary purpose of performing medical or dental diagnostic, testing, analytical or clinical work having a direct relationship to a specific health service.

(C) "Extended stay facility" means a residential type facility usually operated by a philanthropic organization that provides short term, temporary living quarters with meals or kitchen facilities for families of patients receiving treatment, and /or ambulatory outpatients; the operator may receive compensation for services.

(D) "Geriatric care center" means an outpatient health facility dedicated to the diagnosis, treatment, and care of senior adult patients. The clientele may or may not participate in clinical research or other health or social service programs administered by the center.

(E) "Hospital" means an institution providing inpatient medical, surgical, or trauma care for the sick and injured, which include support services that are fundamentally associated with the facility.

(F) "Health center" means a group of facilities providing health services, including but not limited to research laboratories, inpatient and outpatient treatment and services, institutions of higher education, service centers, and residential accommodations.

(G) "Health center residential" means residential dwelling units owned and operated by Health Center members for the purpose of housing staff, students, employees, and visiting health care professionals.

(H) "Health Sciences Center Facilities" means all of or any part of the University of Oklahoma's College of Medicine and other colleges.

(I) "Medical research laboratory" means a facility operated for the primary purpose of performing research, analytical or clinical research associated with the provision of health care services. Laboratories engaged in producing or manufacturing for commercial sales or distribution are not considered to be research laboratories.

(J) "Public health facility" means a facility primarily utilized by a health organization to provide public health services including related facilities such as laboratories, clinics, and administrative offices and including the Oklahoma State Department of Health.

(K) "Rehabilitation center" means a facility operated primarily for the purpose of assisting in the treatment of temporary or permanently disabled patients and a coordinated approach by many professions is made to the physical, emotional, and vocational evaluation of patients; and, living quarters may be operated as a fundamental part of the facility.

(L) "Mixed Use Building" means for the purposes of the Mixed Use Overlay District-1, Health Center Commercial, a building designed and constructed to accommodate 2 or more compatible uses. The uses are separated by interior walls or partitions. Off-street parking is provided for each specific use in a common parking facility. The building may be owned by one or more occupants, or a private individual or group.

"Hauling Trailer" means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods, or freight, including boats.

"Historical and/or architectural significance" means that which has a special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, region, state or nation.

"Historic district" means a geographically definable area with a concentration of linkages of significant sites, building, structures, or monuments that are unified historically, architecturally, or archaeologically.

"Home occupation" means an occupation or profession carried on by a family or member of a family residing on the premises, which does not change the character and is secondary to the use of the dwelling for dwelling purposes and to which the following restrictions apply:

(A) not more than 1 person, other than a family member residing on the premises, is employed at the home;

(B) no trading in merchandise is carried on in connection with the business;

(C) no display of merchandise or signs other than 1 non-illuminated nameplate, not more than 2 square feet in area or 9" in diameter attached to the main or accessory building; and,

(D) no mechanical equipment is used or activity is conducted which creates noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted;

(E) Beauty or barber shop, tea room or restaurant, intermediate care facility, real estate office, or cabinet, metal or auto repair shop are not considered a home occupation.

(F) Any other restrictions the Commission determines are necessary to protect the environment and the quality of the residential area in which the use is located.

"Hotel" means a building or group of buildings under one ownership containing six (6) or more sleeping rooms intended to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation.

"Humanitarian or Philanthropic Foundation" means a facility owned and operated by a charity, legal nonprofit organization, religious institution or quasi-public entity where the primary source of operating funds is donations, and the services provided are offered directly to the general public and serve the public interest.

"Institution" means a public or private organization or foundation dedicated to providing a service to the public.

"Intermediate care facility" means a health care facility for individuals who are disabled, elderly, or non-acutely ill, usually providing less intensive care than offered at a hospital or skilled nursing facility.

"Juvenile treatment center, residential" means a public, quasi-public or private facility that may require onsite security or supervision, where unrelated juveniles 18 years of age or younger are placed, whether it be voluntarily or involuntarily, and reside temporarily primarily for the purpose of rehabilitation, whether programs are operated for the treatment or counseling of but limited to chemical dependence, abuse, neglect, truancy, delinquency, behavioral or emotional problems and education is typically a vital part of the program.

"Kennel, public" means any lot or premises on which four (4) or more dogs more than six (6) months of age are kept for compensation.

"Lot" means a parcel of land with principal frontage along a street, including open space as required by this regulation and other laws and ordinances.

"Lot area" means the total horizontal area included within lot lines.

"Lot, corner" means a lot of which at least 2 adjacent sides abut streets for their full lengths, provided that the interior angle at the intersection of the 2 sides is not less than a code-specified distance.

"Lot, depth" means the distance from the front of the lot to the extreme rear line of the lot.

"Lot, double frontage" means a lot bounded by 2 streets on the front and back.

"Lot, frontage" means the boundary line of a lot that abuts a street, or, if it abuts more than one street, then the street designated by the owner.

"Lot, interior" means a lot other than a corner lot.

"Lot, lines" means the legal defined boundary or limit of a parcel of land.

"Main building" means a structure constructed on the lot for occupation by the principal use.

"Motel" means an area containing 1 or more structures designed or intended to be used as temporary sleeping facilities of one or more transient families intended primarily for automobile transients.

"Nonconformance" means a condition of a structure or land which does not conform to the regulations of the zoning district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage, or off-street parking requirements.

"Nonconforming use" means a structure or land occupied by a use that does not conform to the regulations of the district in which it is situated.

"Office building" means a building that is used for professional or clerical purposes, no part of which is used for dwelling purposes.

"Ordinary maintenance and repair" means any work, in a historical zoning district that does not require a Certificate of Appropriateness by law, where the purpose of the work is to correct any deterioration or damage to any part of a structure and to restore the structure, as near to its condition prior to the occurrences of the damage.

"Parking Deck" means a permanent structure for the use of parking automobiles with two (2) above ground floors of parking spaces.

"Parking Garage" means a permanent structure for the use of parking automobiles with more than two (2) above ground floors of parking spaces.

"Parking space" means a permanently surfaced area, enclosed or unenclosed, with permanently surfaced driveways connecting the parking space with a street or alley for permitting ingress and egress sufficient in size to store 1 vehicle.

"Placard/Professional name plate" means a wall-mounted flat plate, slab, or disk not greater than 2 square feet in area or 9 inches in diameter that contains the name and/or logo, address, and occupation of the individual or firm engaged in a profession.

"Planned unit development (PUD)" means a development planned in accordance with the provisions of Section 120:10-5-11.1 of this Chapter.

"Premises sign" means any sign that identifies the legal or exact firm name of the business on the premises or advertises any service or product being offered for sale.

"Public administration use" means the legislative, judicial, and executive branches, and the administrative and regulatory activities of the government of the State of Oklahoma and/or its political subdivisions.

"Public school" means an institution dedicated to educating children and supported by public funds.

"Reconstruction" means the work of rebuilding a structure, but not attempting to put it back to its exact original form.

"Recreational vehicle" means a manufactured vehicle dually used as both a vehicle and a temporary travel home for camping to full time living.

"Recreation vehicle space" means a portion of land within a parking facility designed to accommodate one recreational vehicle or travel trailer.

"Restoration" means the process of accurately recovering all or part of the form and detail of a resource and its settings as it appeared at a particular period of time by means of removal of later work and the replacement of missing earlier work.

"Set-back" means the minimum distance between a reference line, usually the property line and the building or a portion of the building.

"Sign" (See "Advertising sign or structure").

"Site development plan" means a plan of a construction site drawn at a scale which shows the exact position and dimensions of the buildings and other structures to be constructed including building elevations, yards, landscape, pedestrian and vehicular circulation and parking, and other features; dimensions and contours of the lot; adjacent roadways and other easements; and the relationship of the development to adjacent areas.

"Skilled nursing facilities" may be independent or part of a senior continuing care community, where 24 hour medical care is available, in addition to custodial care. Residents may be there temporarily for a period of rehabilitation, or may be there for long term care. State regulations define the services that skilled nursing facilities can provide.

"Story" means the space in a building between the surface of any floor levels and a roof above; a basement is usually considered as a story.

"Story, half" means a story within a sloping roof usually having dormer windows and occupying about half the area of the floor or floors below.

"Street" means any public or private thoroughfare usually paved, including all area within the right-of-way, such as sidewalks; a public way which provides the principal means of access to adjacent property.

"Street, intersecting" means any street which joins another street at an angle, whether or not it crosses the other.

"Structure" means anything constructed or assembled, which requires location on the ground or attachment to something located on the ground.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change to the roof or in the exterior walls.

"Transitional living facility" means a facility that provides temporary housing and shelter for an extended period to persons who are temporarily homeless due to natural disaster or economic instability and generally integrated with social service and counseling programs for transition to self-sufficiency.

"Yard" means an open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground open to the sky except where otherwise specifically provided in this Chapter.

"Yard, front" means a yard of a lot, facing the street that extends from the front line of the building to the front property line and across the width of the lot, with no obstructions or projections in between, other than steps.

"Yard, rear" means the yard across the full width of the rear of the lot extending from the rear line of the main building to the real property line. On corner lots, the rear yard shall be considered as parallel to the street on which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases be at the opposite end of the lot from the front yard.

"Yard, side" means the yard between the side line of a building and the adjacent property line extending from the front property line to the rear property line.

"Zoning district" means all property located within the boundaries of the Capitol-Medical Center Improvement and Zoning District as described in 73 O.S., Section 83, as amended.

History

Amended at 25 Ok Reg 2143, eff 7-11-08; Amended at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-1-4 Nature and application

This Chapter classifies and regulates the land, buildings, and structures within the boundaries of the Capitol-Medical Center Improvement and Zoning District. The District shall be divided into zoning districts and/or subdistricts regulating the use of the land, the use, location, design, and size of buildings and structures, the coverage of land by buildings and structures, the size of yards and open spaces, density of population, location and design of buildings.

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-1-5 Intent of zoning plan

(a) It is the intent of the regulations in this Chapter to provide for the regulation of the uses of land in a manner which is compatible with and necessary for the proper functioning of the Oklahoma Health Center, the Oklahoma State Capitol Complex Subdistrict buildings and areas, and for the preservation of their monumentality and historical significance; and further to protect private residential, commercial and industrial land uses and the general welfare of the occupants and to provide for the integration of the uses of land within the established District and the uses of land in the Oklahoma City Metropolitan area, which the Capitol-Medical Center Improvement and Zoning District as a part.

(b) It is not the intent of the regulations in this Chapter to provide opportunity for all uses of land in the metropolitan area, but only for those public and private uses which may be normally associated with the present and future needs and the preservation of the urban character of the Capitol-Medical Center Improvement and Zoning District.

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-1-6 Regulations of use, height, area, yards and open space

Except as otherwise provided in this Chapter, no land shall be used and no building, structure or improvement shall be made, 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 requirements established in the zoning district in which the land, building, structure, or improvement is located, and in accordance with the provisions of this Chapter relating to any or all districts. The minimum yards and other open space requirements, including the intensity of use requirement, contained in this Chapter for each and every building existing at the time of the enactment of the regulations of this Chapter, or for any building constructed or structurally altered, shall not be encroached upon or be considered as yard or open space for any other building

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-1-7 Capitol-Medical Center Improvement and Zoning District Land Use Plan

The Zoning Regulations are prepared to support the implementation of the Master Plan for the Capitol-Medical Center Improvement and Zoning District and shall be a part of the Master Plan.

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-1-8 Zoning districts

(a) The Capitol-Medical Center Improvement and Zoning District is divided into zoning districts as shown on the Zoning Districts Map in Appendix A of this Chapter, an attested copy is filed with the Oklahoma Secretary of State and the County Clerk of Oklahoma County. The Map, as amended, and all explanatory material are made a part of this Chapter.

(b) The zoning districts established by this regulation and respective symbols shall be as follows:

(1) Residential

(A) Single Family Residential District (RD-1)

(B) Low Density General Residential District (RD-2)

(D) High Rise General Residential District (RD-4)

(E) Historic Preservation District (HP)

(2) Commercial

(A) Neighborhood Commercial District (CN)

(B) Office Commercial District (CO)

(3) Industrial

(A) Restricted Light Industrial District (I-1)

(B) Light Industrial District (I-2)

(4) Other

(A) Public District (P)

(B) Health Center (HC)

(5) Overlay Districts

(A) Historical Landmark District (HL)

(B) Alcoholic Beverage Consumption , Restaurant-with-Limited Alcohol (ABC-1)

(D) Alcoholic Beverage Consumption, Club-with-Alcohol (ABC-3)

(E) Planned Unit Development (PUD)

(F) Mixed Use Overlay District-1, Health Center Commercial (MXD-1)

(G) Mixed Use Overlay District-2, Limited Health Center Commercial (MXD-2)

History

Amended at 25 Ok Reg 2143, eff 7-11-08; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-1-9 Interpretation of district boundaries

Where uncertainty exists with respect to the boundaries of any zoning districts listed in OAC 120:10-1-8 as shown on the Zoning District Map, the following rules shall apply:

(1) Where district boundaries are indicated as approximately following the center lines of streets, highway right-of-way lines, or railroad right-of way lines, the center lines, street lines, highway right-of-way lines, or railroad right-of-way lines shall be construed to be the boundaries.

(2) Where district boundaries are indicated as approximately following the lot lines, the lot lines shall be construed to be the boundaries.

(3) Where district boundaries are indicated as approximately parallel to the center lines of streets, or the center lines of right-of-ways lines of highways, the district boundaries shall be construed as being parallel to and at a scaled distance from as indicated on the Zoning District Map in Appendix A of this Chapter.

History

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-1-10 Vacation of public easement

Whenever any street, alley or public easement is vacated as required by law, the vacated portions of lands shall be incorporated into the existing zoning district classification or classifications.

History

Amended at 25 Ok Reg 2143, eff 7-11-08

Subchapter 3 Specific District Regulations

Okla. Admin. Code § 120:10-3-1 Single Family Residence District (RD-1) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-1.1 Single Family Residence District (RD-1) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Revoked at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-3-1.2 Low Density Residential (R-1) [REVOKED]

History

Added at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-1.3 Medium Density Residential District (R-2) [REVOKED]

History

Added at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-2 Low Density General Residence District (RD-2) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-2.1 Low Density General Residence District (RD-2) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Revoked at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-3-3 Low Rise General Residence District (RD-3) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-3.1 Low Rise General Residence District (RD-3) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-4 High Rise General Residence District (RD-4) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-4.1 High Rise General Residence District (RD-4) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-5 Historic Preservation District (HP) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-5.1 Historic Preservation District (HP) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-6 Neighborhood Commercial District (CN) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-6.1 Neighborhood Commercial District (CN) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-7 Office Commercial District (CO) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-7.1 Office Commercial District (CO) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-8 Health Center Commercial District (CHC) [REVOKED]

History

Amended at 25 Ok Reg 2143, eff 7-11-08; Amended at 27 Ok Reg 912, eff 5-13-10
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-8.1 RESERVED

History

Reserved at 26 Ok Reg 2819, eff 6-22-09 (emergency); Reserved at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-9 Commercial Service Center District (CSC) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-9.1 Commercial Service Center District (CSC) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-10 Restricted Light Industrial District (I-1) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-10.1 Restricted Light Industrial District (I-1) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-11 Light Industrial District (I-2) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-3-11.1 Light Industrial District (I-2) [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Added at 28 Ok Reg 2216, eff 7-25-11; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-12 Public District (P) [REVOKED]

History

Amended at 23 Ok Reg 1642, eff 6-11-06; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-13 Health Center District (HC) [REVOKED]

History

Amended at 25 Ok Reg 2143, eff 7-11-08; Amended at 27 Ok Reg 1733, eff 6-25-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Revoked by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-20 Single Family Residential District (RD-1)

(a) General Description. Single Family Residential District (RD1) is the most restrictive residential district. The principal use of land is reserved for single-family dwellings. However, related uses are appropriate in the district in order that a suitable environment is preserved for family life by permitting neighborhood uses, such as churches, schools, and certain cultural and recreational facilities. This district is intended to preserve and stabilize those neighborhoods which are basically single-family by allowing for two family conversions under specified conditions whereby existing neighborhood development scales are maintained. The area is intended to be protected from inharmonious functions that are inappropriate to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by preserving openness of the living areas and avoidance of overcrowding by requiring minimum yards, open spaces, lot areas, by limiting the bulk of structures and through consideration of the proper functional relationship of each element of the district.

(b) Uses Permitted. Property and buildings in an RD-1, Single Family Residential District, shall be used only for the following purposes:

(1) Single-family detached dwelling.

(2) Church.

(3) Park or playground, public school or an educational institution having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping.

(4) Accessory buildings which are not a part of the main building, including a private garage or servant's quarters, when located not less than five (5) feet away from any side lot line, or accessory buildings which are part of the main buildings, including a private garage or servant's quarters.

(5) Home occupation in accordance with OAC 120:10-5-22.

(6) Temporary buildings for uses incident to construction work, which building shall be removed upon completion or abandonment of the construction work.

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

(c) Conditional Uses Permitted on Review. The following uses may be permitted on review in accordance with the provisions contained in OAC 120:10-13-19:

(1) Accessory dwelling unit.

(2) Swimming pool.

(3) Public utilities.

(4) Child care home in accordance with the provision in OAC 120:10-5-21.

(5) Convalescent home or rest home.

(6) Drilling rigs, tanks and other necessary appurtenances to a producing oil well.

(7) Off-street parking lots associated with public or commercial uses as regulated under the provisions contained in Subchapter 7 of this Chapter.

(d) Height Regulations. Except as hereinafter provided in 120:10-5-2.1, no building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.

(e) Area Regulations.

(1) Front Yard. All buildings shall be setback from street right-of-way lines to comply with the following front yard requirements:

(A) The minimum depth of the front yard shall be twenty-five (25) feet.

(B) If twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets is improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than six (6) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building; but this Section shall not require a front yard of a greater depth than seventy-five (75) feet.

(2) Side Yard. Except as hereinafter provided in OAC 120:10-5-4, there shall be a side yard on each side of a building which shall have a width of not less than five (5) feet. On any corner lot a building shall be setback from the street line of the intersecting streets a distance of fifteen (15) feet in case such lot is back with another corner lot, and twenty (20) feet in every other case.

(3) Rear Yard. Except as hereinafter provided in OAC 120:10-5-4, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller.

(4) Intensity of Use. There shall be a lot area of not less than six thousand (6,000) square feet, except that where the lot has less area than herein required and all the boundary lines of that lot touched lands under the ownership of the effective date of these Regulations that lot may be used for any of the uses permitted in this Section.

(5) Coverage. Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area of interior lots, and thirty percent (30%) of the area on corner lots.

(f) Storage of Building Materials. Outside storage of building or other materials or supplies for a time period over 60 days is prohibited.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-21 Low Density General Residential District (RD-2)

(a) General Description. Low Density General Residential District (RD-2) is a residential district intended to provide for a slightly higher population density than an RD-1 district. It is intended to preserve and stabilize those neighborhoods characterized by a mixture of residential structures by allowing the conversion and in fill development under specific conditions whereby existing neighborhood scales maintained. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, and efficiency are encouraged by providing for adequate light and air for residences and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

(b) Uses Permitted. Property and buildings in an RD-2, Low Density General Residential District shall be used only for the following purposes:

(1) Any uses permitted in an RD-1, Single Family Residential District.

(2) Two-family dwelling.

(3) Garage apartment, provided, however, that the building be setback at least ten (10) feet from all lot lines.

(4) Accessory buildings and uses customarily incidental to any of the uses in (1) through (3) of this Section when located on the same lot.

(c) Conditional Uses Permitted on Review. Any conditional uses permitted on review in an RD-1, Single Family Residential District in accordance with the provisions contained in OAC 120:10-3-20, and three-family dwelling.

(d) Height Regulations. The height regulations shall be the same as those in the RD-1, Single Family Residential District.

(e) Area Regulations.

(1) Front Yard. All buildings shall be setback from street right-of-way lines to comply with the following front yard requirements:

(A) The minimum depth of the front yard shall be twenty-five (25) feet.

(B) If twenty-five percent (25%) or more of the lot on one side of the street between two intersecting streets is improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than six (6) feet from the average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building; but this district shall not require a front yard of greater depth than seventy-five (75) feet.

(2) Side yard. Except as hereinafter provided in OAC 120:10-5-4.1, there shall be a side yard on each side of the building which shall have a width of not less than five (5) feet. On any corner lot a building shall be setback from the street line of the intersecting street a distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(3) Rear Yard. Except as hereinafter provided in OAC 120:10-5-4.1, there shall be a rear yard which shall have a depth of not less than twenty-five (25) feet or twenty percent (20%) of the average depth of the lot, whichever is smaller.

(4) Intensity of Use.

(A) A lot occupied by a single family dwelling shall contain not less than six thousand (6,000) square feet.

(B) A lot occupied by a two-family dwelling or a single-family dwelling and a garage apartment, shall contain an area of not less than six thousand (6,000) square feet.

(5) Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area on interior lots and thirty-five (35%) of the lot area on corner lots.

(6) Limit on Building. Not more than one main building shall be constructed on any one lot, except that a garage apartment may be constructed on any lot with a single-family dwelling provided the area requirements set forth in (e) of this Section are complied with.

(f) Storage of Building Materials. Outside storage of building or other materials or supplies for a time period over 60 days is prohibited.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-22 Low Rise General Residential District (RD-3)

(a) General Description. The Low Rise General Residential District (RD-3) is intended to provide areas for low intensity multiple family housing which will be compatible, in terms of limitations of bulk and the provision of open space, with adjoining single, two, and three-family residential development. These areas are intended to facilitate conversion and in fill development of various low rise residences including garden apartments and townhouses.

(b) Uses Permitted. Property and buildings in an RD-3, Low Rise General Residential District, shall be used only for the following purposes:

(1) Any use permitted in the RD-2, Low Density General Residential District.

(2) Townhouse.

(3) Three-family residence.

(4) Multiple-family residence.

(5) Boarding or rooming house.

(6) Accessory buildings and uses when customarily incident to any of the uses in (1) through (5) of this Section when located on the same lot.

(c) Conditional Uses Permitted Upon Review. The following uses may be permissible on review in accordance with the provisions contained in 120:10-13-19.

(1) Any conditional use permitted on review in an RD-2, Low Density General Residential District.

(2) Fraternity or sorority house.

(3) Institutions of a religious, philanthropic or eleemosynary character.

(d) Height Regulations. Height regulations shall be the same as those in the RD-1, Single Family Residential District.

(e) Area Regulations.

(1) Front Yard. All buildings shall be setback from the street right-of-way lines to comply with the following front yard requirements.

(A) The minimum depth of the front yard shall be twenty-five (25) feet.

(B) If twenty five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets is improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than six (6) feet from the average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building; but this district shall not require a front yard of greater depth than seventy-five (75) feet.

(2) Side Yard. Except as hereinafter provided in OAC 120:10-5-4.1, there shall be a side yard on each side of a building which shall have a width of not less than five (5) feet. On any corner lot a building shall be setback from the street line of the intersecting street a distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(4) Intensity of Use.

(A) A lot occupied by a single-family dwelling shall contain not less than five thousand (5,000) square feet.

(B) A lot occupied by a two-family dwelling or single family dwelling and garage apartment shall have not less than six thousand (6,000) square feet.

(C) For each additional family unit in excess of two family dwellings, two thousand (2,000) square feet shall be added to the size of the lot.

(5) Coverage. Main and accessory building shall not cover more than thirty percent (30%) of the lot area on interior lots and thirty-five percent (35%) of the lot area on corner lots.

(6) Limit on buildings. The density of main buildings shall be in accordance with the area requirements set forth in (e) of this Section.

(f) Storage of Building Materials. Outside storage of building or other materials or supplies for a time period over 60 days is prohibited.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-23 High Rise General Residential District (RD-4)

(a) General description. The High Rise General Residential District (RD-4) is a residential district designed to permit the development of multiple-family residences in suitable environments to provide for medium and high population density in proximity to the intensely developed, institutional activity centers of the State Capitol Complex, the Oklahoma Health Center and the central business district of Oklahoma City.

(b) Uses Permitted. Property and buildings in the RD-4, High Rise General Residential District, shall be used only for the following purposes:

(1) Any use permitted in the RD-3, Low Rise General Residential District.

(2) Institutions of religious, philanthropic or eleemosynary nature.

(3) Accessory buildings and uses when customarily incident to any of the above uses when located on the same lot.

(c) Conditional Uses Permitted on Review. Any use permitted on review in an RD-3, Low Rise General Residential District, in accordance with the provision contained in OAC 120:10-13-19 and Day Care Centers in accordance with the provisions contained in OAC OAC 120:10-5-21.

(d) Height Regulations. Except as hereinafter provided in OAC 120:10-5-3.1, no building shall exceed three (3) stories or forty-five (45) feet in height.

(e) Area Regulations.

(1) Front yard. All building shall be setback from street right-of-way lines to comply with the following front yard requirements:

(A) The minimum depth of the front yard shall be twenty-five (25) feet.

(B) If twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets is improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than six (6) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this district shall not require a front yard of greater depth than seventy-five (75) feet.

(2) Side Yard.

(A) Side yards shall have a minimum width of five (5) feet for buildings not exceeding two and one-half (2-1/2) stories in height. There shall be a side yard of ten (10) feet on each side of all buildings greater than 2-1/2 stories except as otherwise provided in OAC 120:10-5-4.1.

(B) On any corner lot a building shall be setback from the street line on the intersecting street a distance of fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case.

(4) Lot Width.

(A) For single-family dwelling, two-family dwellings, there shall be a minimum lot width of fifty (50) feet at the front building line, and the front lot line shall abut a street for a distance of not less than thirty-five (35) feet.

(B) For townhouse dwelling there shall be a minimum lot width of twenty (20) feet at the front building line, and the front lot line shall abut a street for a distance of not less than twenty (20) feet.

(C) For multiple-family dwellings, there shall be a minimum lot width of sixty (60) feet at the front building line and the width shall be increased by fifteen (15) feet for each additional dwelling unit exceeding three (3) which is located in the dwelling; however, the lot width at the front building line shall not be required to exceed two hundred fifty (250) feet; and further provided that the front lot line shall abut a street for a distance of not less than fifty (50) feet.

(5) Intensity of Use.

(A) For single, two and three family dwellings, the same regulations as those in the RD-3, Low Rise General Residential District shall apply.

(B) A lot occupied by a multiple family dwelling of four (4) units shall not be less than ten thousand one hundred (10,100) square feet in area, and for each additional dwelling unit, seventeen hundred (1,700) square feet shall be added.

(f) Storage of Building Materials. Outside storage of building or other materials or supplies for a time period over 60 days is prohibited.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-24 Neighborhood Commercial District (CN)

(a) General description. The Neighborhood Commercial District (CN) is intended to provide locations for retail and service uses oriented toward meeting the regular needs of neighborhood residents. Because these shops and stores may be a part of the neighborhood, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other metropolitan commercial district.

(b) Uses permitted. Property and buildings in a CN, Neighborhood Commercial District shall be used only for the following purposes:

(1) Any uses permitted in a Low Rise General Residential District (RD-3).

(2) Retail stores and shops supplying the regular and customary needs of the residents and primarily for their convenience, as follows:

(A) Alcoholic Beverage Retail Sales.

(B) Apparel store

(D) Automobile service station, but not including body shops or junk yards.

(E) Bakery goods store.

(F) Bank or credit union.

(G) Barber shop or beauty salon.

(H) Book or stationery store.

(I) Dry cleaner, provided cleaning and pressing is not conducted on the premises.

(J) Drug store

(K) Dairy products or Ice Cream store.

(L) Delicatessen.

(M) Electronics store.

(N) Food store.

(O) Funeral home, parlor or mortuary.

(P) Gift shop.

(Q) Jewelry store.

(R) Key shop.

(S) Messenger or Telegraph Service.

(T) Office.

(U) Off-street parking lot.

(V) Painting and Decorating shop.

(W) Pet shop.

(X) Photographer or Artist studio.

(Y) Restaurant, but not including drive-in restaurant.

(Z) Sales or Showroom.

(AA) Self-service laundry or dry cleaner.

(BB) Shoe Repair shop.

(CC) Tailor shop.

(DD) Theatre.

(3) Accessory buildings and uses associated with the uses in (1) through (3) of this Section.

(4) Any building used primarily for any of the enumerated purposes in (1) through (3) of this Section may not have more than 40% of the floor area devoted to purposes incident to such primary use. Stores shops and businesses permitted under this Section shall be conducted within enclosed buildings. No material or goods offered for sale or stored in connection with the uses enumerated in this Section shall be displayed or stored outside of a building.

(c) Conditional uses permitted on review. The following uses may be permitted upon review in accordance with the provisions of OAC 120:10-13-19:

(1) Any use permitted on review in a High Rise General Residential District (RD-4).

(2) Any other retail establishment serving the Zoning District in a manner that, in the opinion of the Commission, is similar in character to the uses permitted in this Section and is not more obnoxious or detrimental to the area in which it is located.

(d) Height regulations. Except as provided in OAC 120:10-5-3.1, no building shall exceed 2-1/2 stories or 35 feet in height.

(e) Area regulations. Except as provided in OAC 120:10-5-4.1, the provisions of this subsection shall apply to all property located in the Neighborhood Commercial (CN) zoning district.

(1) Front yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements.

(A) The minimum depth of the front yard shall be 25 feet.

(B) If 25% or more of the lots on one side of the street between 2 intersecting streets is improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than 6 feet from this average setback line, then no building shall be constructed closer to the street line than the minimum setback so established by the existing buildings; but this district shall require a front yard of a depth greater than 75 feet.

(2) Side yard.

(A) For dwellings, there shall be a side yard on each side of the building a width of not less than 5 feet. On any corner lot, a building shall be set back from the street line of the intersecting street, a distance of 15 feet if the lot is back to back with another corner lot, and 20 feet in every other case.

(B) For uses other than dwellings, no side yard shall be required. For uses adjacent to a dwelling district there shall be a side yard of not less than 10 feet, and on all corner lots there shall be a side yard of not less than 20 feet.

(3) Rear yard. There shall be a rear yard, which shall have a depth of not less than 25 feet or 20% of the average depth of the lot, whichever is smaller. In all other cases, a rear yard shall not be required except where a lot abuts a dwelling district, in which case there shall be a rear yard of not less than 15 feet.

(4) Intensity of use. The intensity of use for residential purposes shall be the same as the Low Rise General Residential District (RD-3). A lot occupied by a multiple-family dwelling of four (4) units shall not be less than 10,100 square feet in area. For each additional dwelling unit, 1,700 square feet shall be added.

(5) Coverage. Main and accessory buildings for uses other than residential use shall not cover more than 40% of the lot area on interior lots and 45% of the area on corner lots. In no case shall the gross floor area of main and accessory buildings exceed the total area of the lot.

(f) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-25 Office Commercial District (CO)

(a) General description. The Office Commercial District (CO) is intended to provide a place for institutional and commercial activities that will service the Zoning District and which require separate buildings and building groups surrounded by landscaped yards and open area.

(b) Uses permitted. Property and building in an Office Commercial District (CO), shall be used only for the following purposes:

(1) Multi unit dwellings containing not less than 8 living units per building.

(2) Office building.

(3) Accessory buildings and uses typically associated with the uses permitted in this Section.

(c) Conditional uses permitted on review. The following uses may be permissible on review in accordance with the provisions listed in OAC 120:10-13-19:

(1) Any uses permitted in a High Rise General Residential District (RD-4).

(2) Research laboratories housed completely within enclosed buildings, and which the Commission determines are not more objectionable due to the emission of smoke, noise, dust, odor, and blast than office building operation.

(3) Hotels.

(4) Motels.

(d) Height regulations. No building shall exceed the height limitations set forth in OAC 120:10-5-3.1 of this Chapter.

(e) Area regulations.

(1) Front yard. The minimum depth of the front yard shall be 25 feet. When a lot has double frontage, the front yard requirements shall be complied with on both streets.

(2) Side yard. Main and accessory buildings shall be set back from all side lot lines not less than 1 foot for each 2 feet of building height.

(3) Rear yard. Main buildings used for residential purposes shall be set back from all rear lot lines not less than 25 feet or 1 foot for each foot of building height, whichever is greater. All other main buildings shall be set back from all rear lot lines 1 foot for each 3 feet of building height or fraction thereof.

(f) Intensity of use. A lot occupied by an 8 unit dwelling shall contain an area of not less than 12,000 square feet, and for each additional dwelling unit in the building 1,000 square feet of lot area shall be added.

(g) Coverage.

(1) Main and accessory buildings for uses other than residential use shall not cover more than 40% of the lot area on interior lots and 45% of the lot area on corner lots, and in no case shall the gross floor area of main and accessory buildings exceed the total area of the lot.

(2) Main and accessory buildings for uses other than residential shall not cover more than 40% of the lot area of interior lots and 45% of the lot area for corner lots, and in no case shall the gross floor area of main and accessory buildings exceed 1 1/2 times the total lot area.

(3) Not less than 20% of the lot area shall be maintained as and remain landscaped open area and shall not be used for any other purpose including off-street parking.

(h) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-26 Health Center Commercial District (CHC)

(a) General description. The Health Center Commercial District (CHC) is a special land use district created for institutional and commercial activities associated with and supportive of uses located in the Health Center District (HC) which do not significantly impact health center functions or detract from adjacent residential districts.

(b) Uses permitted. Property and buildings in the Health Center Commercial District (CHC) shall be used for only the following purposes:

(1) Any of the following uses:

(A) Adult Day Care Center

(B) Blood Bank.

(D) Community Treatment Center

(E) Dental or Medical Clinic.

(F) Dental or Medical Laboratory.

(G) Dental Supply Sales.

(H) Extended Care Facility.

(I) Humanitarian or Philanthropic Foundations.

(J) Medical Center Housing.

(K) Optometry Sales.

(L) Orthopedic Appliance Sales.

(M) Office Building.

(N) Pharmacy.

(O) Prosthesis Sales and Service.

(P) Rehabilitation Center

(Q) Residential Care Facility

(R) University Bookstore

(S) Any other institutional, residential, office or commercial activity supporting the Health Center District (HC) which, in the opinion of the Commission, is similar in character to those listed in this Subsection and is not detrimental to the area in which it is located.

(2) Premises identification signage and directional signage as define in OAC 120:10-15-3 of this Chapter relating only to the principal use.

(3) Accessory uses and buildings typically associated with the uses permitted in this Subsection.

(4) Any building used or constructed for any use permitted in this Subsection may not have more than 40% of its floor area devoted to purposes other than the principal use. Material goods offered for sale or stored in connection with the uses permitted in this Subsection shall not be displayed or stored in any yard areas or outside of the building.

(c) Height regulations. No building adjacent to residentially zoned property shall exceed 3 stories or 40 feet in height.

(d) Area regulations.

(1) Front yard. The minimum depth of the front yard shall be 25 feet. When a lot has double frontage, the front yard requirement shall be complied with on both streets.

(2) Side yard. Main and accessory buildings shall be set back from all side lot lines not less than 1 foot for each 2 feet of building height.

(3) Rear yard. Main buildings shall be set back from all rear lot lines 1 foot for each 3 feet of building height or fraction thereof.

(e) Coverage.

(1) Main and accessory building shall not cover more than 50% of the lot area and in no case shall the floor area ratio exceed 0.60.

(2) Not less than 20% of the lot area shall be maintained as and remain landscaped open area and shall not be used for any other purpose including off-street parking.

(f) Screening requirement. Any use permitted in the Health Center Commercial District (CHC) adjacent to a residentially zoned or used property shall be screened by an opaque physical barrier consisting of any one or combination of the following:

(1) Neat and orderly opaque fence 8 feet in height.

(2) A plant screen consisting of a neat, orderly and healthy screen of evergreens or other suitable plant material compatible to the Oklahoma City environment no less than 5 feet in height at the time of installation.

(3) A landscaped earth berm at least 30 inches in height above grade as approved by the Commission.

(g) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-27 Restricted Light Industrial District (I-1)

(a) General description. The Restricted Light Industrial District (I-1) is intended to accommodate industrial development at good standards in appropriate locations and to provide for establishments engaged in the manufacture, assembly, or processing of products and goods for sale on or off the premises. All storage, operations, and processes must be entirely enclosed within a structure and shall not generate industrial wastewater or airborne emissions nor produce any objectionable odor, noise, glare, vibrations, smoke or dust associated with the industrial operation.

(b) Uses permitted. Property and buildings in an I-1, Restricted Light Industrial District shall be used only for the following purposes:

(1) Any uses permitted in a CN, Neighborhood Commercial District or in any R, Residential District.

(2) Any of the following uses:

(A) Athletic equipment manufacturer.

(B) Automobile accessory, sales and repair.

(D) Bottling works.

(E) Book binderies.

(F) Candy manufacturing.

(G) Club with alcohol [See OAC 120:10-5-12.1]

(H) Engraving plant.

(I) Electrical equipment assembly.

(J) Instrument and meter manufacturing.

(K) Jewelry and watch manufacturing.

(L) Laboratories, experimental and research.

(M) Laundry and dry cleaning establishment.

(N) Leather goods fabrication.

(O) Optical goods manufacturing.

(P) Paper products manufacturing.

(Q) Personal storage facility.

(3) Any other light industrial use which, in the opinion of the Commission, is similar in character to the uses permitted by this Section, and is not more obnoxious or detrimental to the area in which located by reason of noise, offensive odor, smoke, dust, vibration, appearance, traffic congestion or danger to life and property.

(c) Height regulations. No building shall exceed 3 stories or 45 feet in height unless it is set back one foot from all yard lines for each 2 feet exceeding 45 feet, in addition to the yard otherwise required; provided, however, in no case shall any building or structure exceed the height limitation set forth in 120:10-5-3.1 of this Chapter.

(d) Area regulations.

(1) Front yard. All buildings shall be set back from the street right-of-way line to comply with the following requirements:

(A) The minimum depth of a front yard shall be 25 feet.

(B) If 25% or more of the lots on 1 side of the street between 2 intersecting streets is improved with buildings, all observing an average set back line of greater than 25 feet and no building varies more than 6 feet from this average setback line, then no building shall be constructed closer to the street line than the minimum setback line established by the existing buildings. This district shall not require a front yard with a depth greater than 75 feet.

(2) Side yard.

(A) For dwellings, there shall be a side yard on each side of the building a width of not less than 5 feet. On any corner lot, a building shall be set back from the street line of the intersecting street a distance of 15 feet in cases that a lot is back to back with another corner lot; and 20 feet in every other case.

(B) For uses other than a dwelling, no side yard shall be required, with the exception of a lot with a side adjacent to a dwelling district, which shall have a side yard of not less than 10 feet on interior lots; and, all corner lots shall have a side yard of not less than 20 feet.

(3) Rear yard. A rear yard shall not be required except where a lot abuts a dwelling district, in which case there shall be a rear yard of not less than 15 feet.

(4) Intensity of use.

(A) A lot occupied by a single family dwelling shall contain no less than 6,000 square feet.

(B) A lot occupied by a two-unit dwelling or single family dwelling with garage apartment shall contain no less than 6,000 square feet.

(e) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-28 Light Industrial District (I-2)

(a) General description. The Light Industrial District (I-2) is intended to provide for establishments engaged in the manufacture, assembly or processing of products and goods. All operations and processes must be entirely enclosed within structure, generating no objectionable odor, noise, glare, vibrations, smoke or dust associated with the industrial operation Outdoor storage of goods and products is permitted as long as the stored items are screened by walls, fences or permanent landscape plantings at a height that prohibits visibility from public streets or adjacent lots at ground level.

(b) Uses permitted. Property and buildings in an I-2, Light Industrial District, shall be used only for the following purposes:

(1) Any use permitted in the I-1, Restricted Light Industrial District.

(2) Any of the following uses:

(A) Building materials sales.

(B) Contractor's equipment storage yard, or rental or sale of construction equipment.

(D) Fuel station.

(E) Freight truck yard or terminal.

(F) Public utility service or transformer station.

(3) The following uses when conducted within a completely enclosed building.

(A) The manufacture, compounding, packaging or treatment of products which includes, but is not limited to, bakery goods, candy, cosmetics, dairy products, perfume, and pharmaceuticals.

(B) The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cork, feathers, glass, hair, leather, paper, plastics, precious or semi-precious materials or stone, shell, textiles, tobacco, and paint not utilizing a boiling process.

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

(D) The manufacture and maintenance of advertising signs or structures, and light sheet metal products.

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

(F) Assembly of electrical appliances, electronic instruments and devices, and radios, including the manufacture of small parts only.

(G) Laboratories: experimental, photo, film or testing.

(4) Buildings, structures and uses accessory and secondary to any of the uses permitted by this Section.

(5) Any other light industrial use, building or structure which, in the opinion of the Commission, is similar in character to those in this Section and is not more objectionable due to noise, odor, dust, smoke, vibration, danger to life and property and other similar causes which are injurious to health or safety and the neighborhood.

(c) Height regulations. No building shall exceed 3 stories or 45 feet in height unless it is set back 1 foot from all yard lines for each 2 feet exceeding 45 feet, in addition to the required yard. In no case shall any building or structure exceed the height limitation set forth in OAC 120:10-5-3.1 of this Chapter.

(d) Area regulations.

(1) Front yard. All buildings shall be set back from the street right-of-way line to comply with the following requirements:

(A) The minimum depth of a front yard shall be 25 feet.

(B) If 25% or more of the lots on 1 side of the street between 2 intersecting streets are improved with buildings, all observing an average set back line of greater than 25 feet and no building varies more than 6 feet from this average setback line, then no building shall be constructed closer to the street line than the minimum setback line established by the existing buildings. This district shall not require a front yard with a depth greater than 75 feet.

(2) Side yard.

(A) For dwellings, there shall be a side yard on each side of the building having a width of not less than 5 feet. On any corner lot, a building shall be set back from the street line of the intersecting street, a distance of 15 feet in case a lot is back to back with another corner lot; and 20 feet in every other case.

(B) For uses other than a dwelling, no side yard shall be required, unless the side of a lot is adjacent to a dwelling district then there shall be a side yard of not less than 10 feet on interior lots; on all corner lots there shall be a side yard of not less than 20 feet.

(3) Rear yard. A rear yard shall not be required except where a lot abuts a dwelling district, in which case there shall be a rear yard of not less than 15 feet.

(4) Intensity of use. The intensity of use for residential purposes shall be the same as the High Rise General Residential District (RD-4).

(A) A lot occupied by a single family dwelling shall contain no less than 6,000 square feet.

(B) A lot occupied by a two-unit dwelling or single family dwelling with garage apartment shall contain no less than 6,000 square feet.

(e) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-29 Public District (P)

(a) General description. The Public District (P) is a special high density zoning district where property and buildings shall only be used for the purposes designated in the Master Land Use Plan as officially adopted by the Commission. The principal use of land is reserved for state government and state government uses. For the purpose of these regulations there is hereby created a State Capitol Complex Subdistrict.

(b) Uses permitted. Property and buildings shall only be used for the following purposes:

(1) Any public administration use as defined in OAC 120:10-1-3.

(2) Any park or recreational use permitted pursuant to rules promulgated by the Oklahoma Office of Management and Enterprise Services for the State Capitol Park [See 74 O.S. § 1811.4].

(c) Height regulations. All buildings and structures shall be constructed in accordance with the height regulations established in OAC 120:10-5-3.1 and the recommendations of the Master Land Use Plan.

(d) Intensity of use. Buildings and structures shall not exceed a 1.0 floor area ratio or a .25 building coverage ratio as defined in OAC 120:10-1-3

(e) State Capitol Complex Subdistrict. For purposes of these regulations, there is hereby created a State Capitol Complex Subdistrict. The principal use of land is reserved for state government and state government uses. The State Capitol Complex Subdistrict is described as follows: Beginning at the southeast corner of the intersection of NE 28th Street and North Lincoln Boulevard; thence east along the south line of NE 28th Street to west line of Lindsay Avenue; thence south on Lindsay Avenue to the south line of NE 24th Street; thence east along NE 24th Street to the west line of Laird Avenue to the south line of NE 23rd Street; thence west to the east boundary of Block 3, State Capitol Addition; thence south along said east block line to the point of intersection with the northern boundary line of Block 12, State Capitol Amended Addition; thence west along said line to the east line of Lindsay Avenue; thence south along Lindsay Avenue to the north line of NE 19th Street; thence west along NE 19th Street to the east line of the North Lincoln Boulevard median, also designated as State Capitol Park; thence south along North Lincoln Boulevard to the point of intersection with NE 14th Street; thence west to the east edge of North Lincoln Boulevard median, also designated as State Capitol Park; thence north to the intersection of the north boundary line of Block 10, Classen's North Highland Parked Addition; thence west along said boundary line to the east line of Walnut Avenue; thence north along Walnut Avenue to the north line of NE 18th Street; thence west on NE 18th Street to the east edge of the I-235 Expressway; thence north along said I-235 Expressway to the point of intersection with the southeast corner of NE 23rd Street; thence east along the south line of NE 23rd Street to the west edge of the southwest NE 23rd Street/North Lincoln Boulevard Loop; thence in a north and easterly direction around the northwest NE 23rd Street/North Lincoln Boulevard Loop to the east line of North Lincoln Boulevard; thence north along Lincoln Boulevard to the south line of NE 27th Street; thence east along NE 27th Street to the center line of North Lincoln Boulevard; thence north to the point of beginning.

(e) State Capitol Complex Subdistrict Restrictions. Unless specifically provided for in this Section, the following restrictions shall apply to this Subdistrict:

(1) Burials and Scattering of Ashes. Burials or interment of human or other remains is prohibited in the State Capitol Complex Subdistrict. The scattering of human or other ashes from cremation is prohibited in the State Capitol Complex Subdistrict.

(2) Monuments, memorials, statuary and public art displays. All plans for temporary or permanent monuments, memorials, statuary and similar structures shall be reviewed and approved by the Commission. Requests will be reviewed in terms of cultural, historical and/or architectural significance; impact on the visibility, character and/or integrity of the State Capitol Building; impact on the function of established or future uses in the State Capitol Complex Subdistrict; and provisions for open space as established in the Master Plan.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-3-30 Health Center District (HC)

(a) General Description. The Health Center District (HC) is a specialized, high density zoning district that advocates an environment suitable for the commingling of academics, health care, and health care research. The District provides an environment where building design, landscaping, pedestrian connectors, structured parking and activity centers unite to create a campus setting that identifies with wellness. This regulation is formulated to accommodate specialized health care and to provide certain amenities for the Oklahoma Health Center and the University of Oklahoma Health Sciences Center. To assure functionality for each use, the building coverage ratios and floor area ratios set out in the Master Plan for the Capitol-Medical Center Improvement and Zoning District will be a primary consideration in the construction of main and accessory buildings.

(b) Uses permitted. Property and buildings in the HC, Health Center District shall be used only for the following purposes:

(1) Clinic, dental, medical, mental health;

(2) Extended Care Facilities;

(3) Health Center Residential;

(4) Heliport;

(5) Hospital;

(6) Hotel/Motel;

(7) Research Laboratory;

(8) Public Health Facilities; and,

(9) Rehabilitation Center.

(c) Conditional uses permitted. The following uses may be permitted upon review in accordance with OAC 120:10-13-19: Any other institutional, residential, office or commercial activity supporting the Health Center District (HC) which, in the opinion of the Commission, is similar in character to those listed in Subsection B of this Section and is not detrimental to the area in which it is located.

(d) Height regulations. It is the intent of these regulations that the height requirements of the uses be adequate for the proper functioning of each and every use. No specific regulations are established.

(e) Floor area ratio requirement. It is the intent of these regulations that the floor area ratio requirements of the uses be adequate for the proper functioning of each and every use. No specific regulations are established.

(f) Building coverage ratio. The building coverage ratio shall be a maximum of .5.

(g) Variance from regulation. In cases where a specific piece of land, due to exceptional topography or other extraordinary conditions uncommon to the general area cannot meet the Health Center (HC) District requirements, the Commission may consider granting a variance to the existing requirements for any use or conditional use permitted in this district.

(h) Off-Street Parking. All off-street parking facilities shall be designed and constructed in accordance with Subchapter 7 and Subchapter 17 of this Chapter. The construction of parking decks and parking garages is encouraged.

(i) Landscape requirement. Not less than 20% of the lot area shall be maintained as and remain landscaped open area and/or green space shall not be used for any other purpose including off-street parking.

(j) Signage. All premises identification and directional signage shall be designed and constructed in compliance with Subchapter 15 of this Chapter. The Commission may grant a variance based upon the recommendations of the Oklahoma Health Center Master Plan.

(k) Graphic signage. In order to provide sufficient direction to guide vehicular and pedestrian visitors and users throughout the Oklahoma Health Center, a Graphic Signage System shall be established. Graphic signage shall effectively communicate and identify the location of emergency/trauma centers, hospital and clinic facilities, streets, and parking facilities. Signage shall be placed in highly visible locations, be easy to read, and provide beneficial destination information. Graphic signage shall be uniform in terms of design, building materials, size, language, text, and graphics. The responsible Health Center agency or agencies shall maintain and upgrade the Graphic Signage as required. All graphic signage must be reviewed and approved by the Commission prior to installation.

(l) Specialty Signage. Plaques or monuments indicating history, honoring a group, individual, or organization may be installed in the Oklahoma Health Center with the Commission's approval provided that they do not interfere with or impede facility functions, pedestrian or vehicular traffic, or emergency and traffic signals.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Subchapter 5 General District Provisions And Additional Zoning Regulations

Part 1 GENERAL PROVISIONS

Okla. Admin. Code § 120:10-5-1 Definitions [REVOKED]

History

Revoked at 23 Ok Reg 1642, eff 6-11-06

Okla. Admin. Code § 120:10-5-1.1 District group classification [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-1.2 District group classification

Whenever the terms "R", "C" or "H" are used in this Chapter, they shall be construed to mean all zoning district designations containing these letters combined with a number to indicate the district classification. "R" shall include Single Family General Residential (RD-1), Low Density General Residential (RD-2), Low Rise General Residential (RD-3), RD-4 High Rise General Residential (RD-4). "H" shall include Historic Landmark District (HL) and Historic Preservation District (HP). "C" shall include Neighborhood Commercial District (CN), Office Commercial District (CO) and Health Center Commercial District (CHC).

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-2 Conditions of a more restricted district applied [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-2.1 Conditions of a more restricted district applied

Unless otherwise specified, whenever a specific district regulation permits a use permitted in a more restrictive district, the use shall be subject to the regulations of the more restrictive district.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-5-3 Height regulations [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-3.1 Height regulations

(a) Application. The height regulations established in this Section, shall be applicable to the parts of the Capitol-Medical Center Improvement and Zoning District as shown on the Height Zoning Map in Appendix B of this Chapter. No building or structure of any kind, with the exception of radio and television towers, oil well rigs, and public street lighting masts or standards, receiving the expressed approval of the Commission, shall exceed these height limitations. Whenever the provisions of the height regulations established elsewhere in this Chapter, the more restrictive height regulations shall prevail.

(b) The Official Height Zoning Map. The Official Height Zoning Map in Appendix B of this Chapter sets forth the plane of maximum height which is the maximum height which shall be permitted at all points in the Capitol-Medical Center Improvement and Zoning District. Said map and all explanatory material thereon are hereby made a part of this Chapter.

(c) Plane of maximum height. A plane of maximum height is hereby established for the Capitol-Medical Center Improvement and Zoning District and is set forth on the Official Height Zoning Map in Appendix B of this Chapter. Said plane shall have as a reference point and reference elevation the point in the center of the State Capitol Building, having an elevation of 1,305 feet above sea level elevation, according to the United States Geological Survey or United States Costal and Geodetic Survey. The plane of maximum height shall be formed by two planes beginning at the east-west axis line passing though the reference point and having a constant elevation of 1,305 feet above sea level elevation.

(1) The plane of maximum height for all parts of the Capitol-Medical Center Improvement and Zoning District lying south of the east-west axis shall be a plane having an elevation of 1,305 feet above sea level elevation.

(2) The plan of maximum height for all parts of the Capitol-Medical Center Improvement and Zoning District lying north of the east-west axis shall be a plane passing through the east-west axis and decreasing two feet in elevation for each 100 feet of horizontal distance measured from the reference point northward along a north-south line to the north extremity of the District.

(d) Additional height regulations. The regulations set forth in this Section qualify or supplement, as the case may be, the District Regulations appearing elsewhere in this Chapter.

(1) Public sanatoriums, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples, when permitted, may be erected to a height not exceeding 75 feet, if the building is set back from each property line at least 1 foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built, provided, however, that no building or structure shall exceed the height limitations set forth in (c) of this Section.

(2) Single-family dwellings and two unit dwellings in the residential districts may be increased in height by not more than 10 feet when 2 side yards of not less 15 feet each are provided, but they shall not exceed 3 stories in height.

(3) Chimney, cooling towers, church spires, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height exceeding those set forth in this Section in all districts except in RD-1 District, as approved by the Commission.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-4 Area and open space [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-4.1 Area and open space

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in Subchapter 3 of this Chapter.

(1) Open space to serve one building. No open space or lot area for a building or structure shall, during its life, be occupied by, or counted as open space for any other building or structure.

(2) Minimum requirement. In residential districts, a minimum of 25 percent of the lot shall be maintained as open space with no buildings, parking or impervious surfaces.

(3) Fences and walls. Fences, walls and hedges in residential districts may be permitted in any required yard or along the edge of any yard. For residentially-zoned or used property, no fence, wall, or hedge located in front of the front building line shall exceed 3 feet in height, and no other wall or fence shall exceed 6 feet in height.

(4) Sight lines at intersections. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between 2 feet and 6 feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior lot lines a distance of 30 feet along said front and side lot lines and connecting the points so established form a sight triangle on the area of the lot adjacent to the street intersection.

(5) Location of attached private garage. An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(6) Time and accessory building construction. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.

(7) Ground coverage and location of accessory building. Accessory buildings which are not a part of the main building may be built in the rear yard within 10 feet of the rear lot line. An accessory building which is not a part of the main building shall not occupy more than 30% of the rear yard.

(8) Projections and open space. Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in the rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting not to exceed 12 inches.

(9) Limit on exterior projections. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a yard not more than 5 feet, and the ordinary projections of chimneys and flues are permitted.

(10) Residential building construction. No building or structure designed or intended to be used for residential purposes shall be constructed on any lot in any district unless such lot abuts for at least 35 feet on at least 1 street and has a minimum width of 50 feet at the front building line; and further provided that no dwelling shall front on any alley or be designed so that an alley is the primary means of ingress or egress, except that a garage apartment may be constructed to the rear of another main dwelling.

(11) No restriction on public utility construction. These regulations shall not prohibit the construction of electric sub-stations, gas distribution regulator stations, the extraction of oil or natural gas in any zoning district, provided the landscape plan for such installations are approved by the Commission. These regulations shall not be construed as interfering with the normal construction, operation, and maintenance of water, storm and sanitary sewers, natural gas, electric and communication utilities within the District.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Okla. Admin. Code § 120:10-5-5 Storage and parking of trailers and commercial vehicles [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-5.1 Storage and parking of trailers and commercial vehicles

Commercial vehicles and trailers of all types, including recreational vehicles and hauling trailers, shall not be parked or stored on any lot having less than 1,500 square feet of area that includes a dwelling or on any lot in any residential district, except in accordance with the following provisions:

(1) Not more than one (1) 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) Not more than one (1) recreational vehicle or hauling trailer per family living on the premises shall be permitted and said trailer shall not exceed 24 feet in length or 8 feet in width; and further provided that said trailer shall not be parked or stored for more than one week unless it is located behind the front yard building line. A recreational vehicle shall not be occupied either temporarily or permanently while it is being parked or stored in any area within the Capitol-Medical Center Improvement and Zoning District.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-6 Child care facilities [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-6.1 Child care facilities [REVOKED]

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Revoked at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-5-7 Advertising signs [REVOKED]

History

Revoked at 23 Ok Reg 1642, eff 6-11-06

Okla. Admin. Code § 120:10-5-8 Commercial dumpsters and trash receptacles

No commercial dumpster or trash receptacle shall be located or stored in the front yard area or in the street-right-of-way. Except for periods of unloading, all commercial dumpsters, residential dumpsters and trash receptacles shall be stored behind the front yard building line in areas that are not visible from the street. These areas shall be appropriately screened by use of a sight proof fence or plantings at a height adequate to hide the dumpster or receptacle from view on all sides.

History

Added at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-9 Extraction of oil and gas [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-9.1 Extraction of oil and gas

The extraction of oil and gas in the Zoning District shall be conducted in accordance with ordinances of the City of Oklahoma City, Oklahoma, including the Revised Ordinances 1948, Title 9, Section 1-135, inclusive and amended thereto.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-9.2 Dilapidated structures

Structures within the Capitol - Medical Center Improvement and Zoning District shall be declared to be dilapidated under the following procedures:

(1) The City of Oklahoma City will submit the property being considered for a dilapidation declaration to the Commission.

(2) The Commission shall determine if the property in question meets the definition of a dilapidated structure, as defined in 11 O.S. § 22-112(c).

(3) The Commission shall submit a recommendation to the City of Oklahoma City based on its findings.

(4) Upon the Commission's submittal of a recommendation to declare a structure dilapidated, the city of Oklahoma City shall follow its established procedures for declaring a structure dilapidated and addressing any threats to the health, safety and welfare of the public, pursuant to 11 O.S. § 22-112.

(5) Demolition of dilapidated structures shall follow established rules requiring an approved Certificate of Appropriateness and/or building permit from the Commission, as appropriate.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Part 3 SPECIAL DISTRICTS

Okla. Admin. Code § 120:10-5-10 Historical Landmark District (HL) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-10.1 Historical Landmark District (HL)

(a) General description and applicability.

(1) The Historical Landmark District (HL) is intended to promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, perpetuation and use of structures in the area of historical and/or architectural significance. In order to maintain the character and beauty of such structures and areas, restrictive requirements governing the construction, moving, demolition, reconstruction, restoration or alteration of structures thereon are provided. In addition, provisions are made in Subchapter 11 of this Chapter for the appointment of the State Capitol Historical Preservation and Landmark Board of Review to advise the Zoning Commission on matters pertaining to this Section.

(2) The HL district is intended to be an overlay zoning district and the regulations imposed by this Section shall be in addition to the regulations of the underlying district. The overlay district and its regulations may be applied to property located in any zoning district.

(b) District restrictions. The following restrictions shall be applicable to the HL district and shall control the use of all properties within such district:

(1) The construction, moving, demolition, reconstruction, restoration, rehabilitation or alteration, as defined in Subchapter 11 of this Chapter, of any structure or area is prohibited unless a Certificate of Appropriateness is granted by the Historical Preservation and Landmark Board or Review.

(2) All structures and grounds shall be maintained in good condition in keeping with the historical nature of the site designated.

(3) All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.

(c) Ordinary maintenance and repair. Nothing in this Section shall be construed to prevent ordinary maintenance or repair of any structure except exterior change.

(d) Permitted uses. Property located in the "HL" Historical Landmark District may be used for only those purposes, permitted within the basic zoning district in which the property or area is located, subject to compliance with all regulations imposed by the basic zoning district all provisions of this Section.

(e) Historic Preservation Guidelines. All exterior work completed on structures or sites must be in conformance with the commission's Historic Preservation Standards and Guidelines as outlined in Appendix E.1 of this Chapter.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-10.2 Historic Preservation District (HP)

(a) General description. The Historic Preservation District (HP) is an overlay zoning district intended to promote and protect structures and areas designated as historical and/or architecturally significant. To maintain the character and integrity of these resources and areas, restrictive requirements governing the use of land and the preservation of structures are established in this Section. In addition, provisions are made in Subchapter 11 of this Chapter for the appointment of the Historical Preservation and Landmark Board of Review to advise the Commission in matters pertaining to this Section. All property within the Capitol-Medical Center Improvement and Zoning District previously designated as a "HP", Historic Preservation District at the same time of the final passage of this Chapter shall be subject to and shall comply with the regulations and restrictions of this Section.

(b) District restrictions. Unless specifically provided in this Section, the following restrictions shall apply to this district:

(1) The construction, moving, demolition, reconstruction, restoration or modification of the exterior of any structure is prohibited unless a Certificate of Appropriateness has been granted by the Historical Preservation and Landmark Board of Review in accordance with OAC 120:10-11-5.1.

(2) All structures and grounds and architectural features and details shall be maintained in accordance with historic preservation standards.

(3) All interior portions of structures shall be kept in good repair to the extent necessary to prevent structural deterioration.

(4) All exterior portions of the structure shall be structurally sound and the substructure and/or foundation shall be free from cracks, breaks or other damage and all building components including architectural and design features are intact and maintained.

(5) Outside storage of building or other materials or supplies for a time period over 60 days is prohibited.

(6) Advertising displays shall be prohibited. All signage must be in compliance with Subchapter 15 of this Chapter. The following types of signs are permitted in the Historic Preservation District:

(A) identification name plate placed flat against the front exterior wall of a residence, museum, art gallery or similar public building;

(B) neighborhood identification signage, historic plaques or monuments;

(D) official government traffic, parking, informational or directional signs.

(7) All driveways shall be constructed and maintained in accordance with Subchapter 7 of this Chapter.

(8) Parking and/or operation of vehicles including, but not limited to, trailers, boats, recreational vehicles and commercial vehicles with 2 or more axles shall be on hard surfaced pavement located behind the front facade of the main building, except for periods of loading and unloading. In the case of a corner lot, these vehicles shall be screened from view of the side street adjacent to the property.

(c) Permitted uses. Property located in the "HP" Historic Preservation District may be used for only those purposes, permitted within the basic zoning district in which the property or area is located, subject to compliance with all regulations imposed by the basic zoning district all provisions of this Section.

(d) Screening requirement. All parking lots and similar uses shall be screened from abutting property and abutting streets by sight proof screening not less than 6 feet in height.

(e) Ordinary maintenance and repair except as previously provided. Work is considered ordinary maintenance and repair when the purpose of the work is stabilization or conservation as defined in Subchapter 11 and the work will not noticeably change the exterior appearance of the resource. Ordinary maintenance does not include alteration of original building materials, details, or shapes or removal or replacement of architectural elements on any structure. All other exterior work requires a Certificate of Appropriateness as outlined in Subchapter 11 of this Chapter.

(f) Historic Preservation Guidelines. All exterior work completed on structures or sites must be in conformance with the commission's Historic Preservation Standards and Guidelines as outlined in Appendix E.1 of this Chapter.

History

Added by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-11 Planned Unit Development (PUD) [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-11.1 Planned Unit Development (PUD)

(a) General description.

(1) It is the intent of this Section to encourage unified design of housing, commercial, industrial or institutional areas and facilities, or combinations thereof, to provide for integrated developments having harmony design and variety of function. It is not intended to permit a greater density of uses different from those set forth in the regulations of the district in which the development is located, but this Section is to provide for a greater flexibility in the design of buildings, yards, courts, and circulation, that would otherwise be possible through strict application of district regulations, and to produce:

(A) A maximum choice in the types of environment and living units available to the public.

(B) Open space and recreation areas. A pattern of development which preserves trees and outstanding natural topography.

(D) An efficient use of land which preserves and takes advantage of existing utility and street networks and thereby lower housing cost.

(E) An environment of stable character in harmony with surrounding development.

(F) A more desirable environment that would be possible through the strict application of sections of this Chapter.

(2) The Planned Unit Development section is designed to provide for small and large scale developments incorporating a single type or variety of residential land and related uses which are planned and developed as a unit. Such developments may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan which is related to and effects the long-term value of the homes and other developments.

(b) Applicability. A Planned Unit Development (PUD) may be authorized, provided that all of the following provisions are complied with:

(1) Location. A Planned Unit Development (PUD) shall be permitted in any district except the Single Family Residential District (RD-1) and Low Density General Residential District (RD-2).

(2) Design characteristics. The proposed Planned Unit Development shall be designed to provide for the unified development of the area and in accordance with the spirit and purpose of the district in which the unit is located. The design may provide for the modification of yard, set back and height requirement, but the use, density, intensity of use and dimensions established for design of courts shall not be reduced.

(3) Minimum site size. The minimum size of the site upon which a Planned Unit Development shall be located shall not be less than areas for commercial development, not less than areas for residential developments, and not less than areas for industrial, education, medical and other types of institutional development.

(4) Off-street parking. The off-street parking requirements set forth in Subchapter 7 of this Chapter may be complied with by providing 1 or more permanent, common, off-street parking facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use, and that the space provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers and service. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use, and shall be under the ownership or permanent control of the owners of the use for which the spaces are required.

(5) Site development plan. The developer shall submit a site development plan for the proposed development in support of the application for a Planned Unit Development permit. This application shall be considered the same as a rezoning request and the same procedure shall be followed concerning application, Zoning Commission review and public hearings. Upon approval by the Commission, the site development plan shall become a part of the zoning district's map. The plan may provide for staged development of the project and shall indicate so on the plan.

(6) Plan changes. Any substantial deviation from the plans submitted at the time of the rezoning shall constitute a violation of the rezoning and substantial change in plans shall be re-submitted for review following the same procedure required in the original adoption of the plan. The Director shall interpret what constitutes a "substantial" deviation or change in the plan.

(7) Time limit. The construction of the Planned Unit Development shall be started within 2 years of the effective date of approval of the plan by the Commission. Failure to begin the development within said 2 years shall automatically void the development and the land shall revert to the same zoning classification which existed immediately preceding the approval of the Planned Unit Development.

(8) Homes association. A Homes Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities including streets, drives, service and parking areas, and recreation areas.

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-12 Alcoholic Beverage Consumption Overlay Zoning District [REVOKED]

History

Revoked at 27 Ok Reg 912, eff 5-13-10

Okla. Admin. Code § 120:10-5-12.1 Alcoholic Beverage Consumption Overlay Zoning District

(a) Intent. It is the intent of this Section to provide for compatibility between establishments which serve alcohol and surrounding zoning districts by using overlay zoning techniques. Off-street parking shall be in accordance with Subchapter 7 of this Chapter and advertising signage shall be in accordance with Subchapter 15 and the Signage Table (Appendix D) of this Chapter. Any such overlay zoning as approved shall not be considered permanent or transferable to subsequent property owners. An overlay classification's validity shall automatically cease upon the legal transfer of said property from the original overlay applicant to any other person.

(b) ABC-1, Alcoholic Beverage Consumption, Restaurant-with-Limited Alcohol.

(1) General description. The Alcoholic Beverage Consumption, Restaurant-with-Limited-Alcohol (ABC-1) is an overlay zoning district allowing for restaurants which serve beer and wine with meals.

(2) Application. The following zoning districts may be overlain by the ABC-1, District:

(A) CN, Neighborhood Commercial District.

(B) CHC, Health Center Commercial District.

(1) General description. The Alcoholic Beverage Consumption, Restaurant-with-Alcohol (ABC-2) is an overlay zoning district allowing for restaurants which serve all types of alcohol with meals.

(2) Application. The following zoning districts may be overlain by the ABC-2 District:

(A) CN, Neighborhood Commercial District.

(B) CHC, Health Center Commercial District.

(d) ABC-3, Alcoholic Beverage Consumption, Club-with-Alcohol.

(1) General description. The Alcoholic Beverage Consumption, Club-with-Alcohol (ABC-3) is an overlay zoning district allowing for the serving of all types of beer and alcohol in a club setting where the sale of food, if any, is an accessory activity.

(2) Application. The following zoning districts may be overlain by the ABC-3 District.

(A) CSC, Commercial Service Center District.

(B) All Industrial Zoning District.

(e) Nonconforming status.

(1) All establishments in operation prior to the effective date of this provision shall be considered legal nonconforming. If such a use was approved as a Special or Conditional Use and fails to continue operating in accordance with the approval, then the use will be considered illegal.

(2) Legal Nonconformance will cease if:

(A) The use ceases for 6 months or more;

(B) The original Special or Conditional Use Permit is revoked;

History

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-5-13 Health Center Mixed Use Overlay Districts

(a) Purpose. Health Center Mixed Use Overlay Districts are created to establish the foundation for selective long term transition of areas adjacent to the Oklahoma Health Center. The overlay zoning districts may be applied to areas identified as mixed use, transition, redevelopment, or revitalization areas in the Capitol-Medical Center Improvement and Zoning District Master Plan as amended.

(b) District limitations. The overlay districts are limited to medium to low intensity desirable integral uses that balance the environment between institution and community, and reflect the desired campus image. Such districts must interface with the environs of the medium intensity residential neighborhood by utilizing existing community commercial as the core for outward mixed development intersecting with specialized commercial developments adjacent to the Health Center campus.

(c) Proposals. All proposals in the Health Center Mixed Use Overlay Districts must contain provisions for pedestrian connections, landscaping, open space, signage, off-street parking, and vehicular traffic movement.

History

Added at 25 Ok Reg 2143, eff 7-11-08

Okla. Admin. Code § 120:10-5-14 Mixed Use Overlay District-1, Health Center Commercial (MXD-1)

(a) General description. The Mixed Use District-1, Health Center Commercial (MXD-1) is an overlay zoning district for new development that presents opportunities to enhance the quality of the human environment for the Health Center and community. The uses permitted shall be uses compatible to and supportive of the Oklahoma Health Center.

(b) Application. The application of the MXD-1 is limited to property and buildings located in the Health Center Commercial (CHC) and Health Center (HC) zoning districts.

(1) Any of the following uses:

(A) Conference Center;

(B) Copy Center;

(D) Financial Institutions;

(E) Health or Fitness Club;

(F) Medical or Dental Associations;

(G) Mixed Use Building;

(H) Office or Professional Services;

(I) Therapy or Rehabilitation Centers;

(J) U.S. Postal Service or Private Parcel Service; and,

(K) Any commercial, residential, office or institutional use the Commission determines serves the Health Center and adjacent community in a manner that is consistent with the intent and standards established for this overlay district.

(2) Any of the following uses may be permitted in a MXD-1 Building

(A) Coffee shop Professional Services;

(B) Day spa, Salon, Barber Shop, or Manicurist;

(D) Florist Shop;

(E) Gift or Card shop;

(F) Health Food Store;

(G) Medical retail display area or showroom;

(H) Restaurant, but not including drive in or drive thru;

(I) Tag Agent; and,

(J) Any other commercial, residential, office or institutional establishment the Commission determines serves the Health Center and adjacent community in a manner that is consistent with the intent and standards established for this overlay district.

(d) Mixed Use Building. For the purposes of the MXD-1, a mixed use building is a building designed and constructed to accommodate two or more compatible uses. The uses are separated by interior walls or partitions. Off-street parking is provided for each specific use in a common parking facility. The building may be owned by one or more occupants, or a private individual or group.

(e) Professional Services. For the purposes of the MXD-1, professional services are defined as:

(1) health care professionals;

(2) counseling services;

(3) architects;

(4) engineers;

(5) planners;

(6) attorneys; and,

(7) any other conventional profession the Commission determines serves the Health Center and adjacent community in a manner that is consistent with the intent and standards established for this overlay district.

(f) Area requirements. All proposals must meet the established underlying zoning district area, coverage, and height requirements.

(g) Design characteristics. Buildings shall be similar in style and architecturally characteristic of designs prevalent among adjacent buildings and/or the surrounding area. Building materials shall harmonize with and reflect materials used in the surrounding urban landscape and campus environment.

(h) Minimum site size. The minimum site size for new development for a single use structure is .5 acres. The minimum site size for a mixed use building is 1.5 acres. No building shall exceed the 0.60 Floor Area Ratio established by the Capitol-Medical Center Improvement and Zoning District Master Plan as amended.

(i) Off-street parking and landscaping. All off-street parking facilities must be in compliance with the criteria established in Subchapter 7. Off Street Automobile and Vehicle Parking and Loading and Subchapter 17. Off Street Parking Landscape Code.

(j) Landscape plan required. The focus of the landscape plan shall be the enhancement of yards, structures, the general environment, and shall provide continuity between streets, driveways, and adjacent buildings.

(1) On site pedestrian connectors shall be oriented and link to existing pedestrian pathways and open space. Connectors shall be constructed of concrete, brick, rock, stone, or similar building materials.

(2) All landscape plantings and materials shall be suitable to the Oklahoma City environment and maintained in good condition at all times. An appropriate irrigation or watering system is required for all landscaping plantings.

(3) Whenever it is feasible or viable, landscape plantings or materials shall be used to screen undesirable structures or building elements such as, but not limited to, ground mounted HVAC units, generators, oil/gas wells, loading docks, or any other functionally necessary equipment.

(k) Signage. All identification, premises, and directional signage shall be in compliance with the criteria established in Subchapter 15. Signage Regulations.

(1) For a mixed use building, the Commission may require a limitation on signage or restrict the number, type, or size of signage.

(2) All signage must be approved by the Commission prior to installation.

(l) Public hearing required. The MXD-1 is classified as an overlay zoning district. All applications will be reviewed in compliance with the procedures established in OAC 120:10-13-5. Upon approval by the Commission, the official zoning district map will be amended to recognize the change in land use.

History

Added at 25 Ok Reg 2143, eff 7-11-08; Amended at 27 Ok Reg 912, eff 5-13-10; Amended at 27 Ok Reg 1733, eff 6-25-10; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-15 Mixed Use Overlay District-2, Limited Health Center Commercial

(a) General Description. The Mixed Use District-2, Limited Health Center Commercial (MXD-2) is an overlay zoning district for small capital investment with a mixture of new development and adaptive re-use of qualifying existing structures for occupancy by uses that support the Oklahoma Health Center and adjacent community.

(1) The overlay district is limited to low to medium intensity uses oriented toward specific retail/commercial establishments that serve the residential and health center communities.

(2) New structures shall be designed and constructed of materials compatible with residential urban architecture, and landscape schemes that integrate with the Health Center campus environment.

(3) Existing buildings adapted for re-use shall meet all regulation requirements for the proposed use.

(4) Uses permitted shall be low in noise, pollution, and buffered from adjacent low intensity residential developments.

(b) Application. The application of the MXD-2 shall be limited to areas identified and recommended by the Capitol-Medical Center Improvement and Zoning District Master Plan, as amended for Mixed Use District-2, Residential/Health Center. However, all properties in a Low Density Residential (RD-1) zoning district shall be exempt from the MXD-2.

(1) Any use permitted in the underlying zoning district;

(2) Courier Service;

(3) Fraternity or sorority house;

(4) Health Center Housing;

(5) Home occupation in accordance with OAC 120:10-5-22;

(6) Mail order sales;

(7) Photography studio;

(8) Professional office;

(9) Tailor or Alteration shop; and,

(10) Interior Designer.

(d) Conditional Uses Permitted. Upon application, the following conditional uses may be permitted in the MXD-2. All applications will be reviewed in compliance with the procedures established in 120:10-13-19.

(1) Any conditional use permitted in the underlying zoning district;

(2) Mixed Use Building as defined in this Subchapter;

(3) Any other retail/commercial establishments the Commission determines serves the Health Center and adjacent community in a manner that is consistent with the intent and standards established for this overlay district.

(e) Professional Services. For the purposes of the MXD-2, professional services are defined as:

(1) health care professionals;

(2) counseling services;

(3) architects;

(4) engineers;

(5) planners;

(6) attorneys; and,

(f) Home occupation/Home based business. For the purposes of the MXD-2, home occupation or home-based business is defined as an owner-occupied dwelling designed for residential purposes where the primary use is residential with a secondary use of a profession or business office. A home occupation or home-based business must comply with the following conditions:

(1) No less than 25% or no more than 50% of the floor area in the main dwelling may be dedicated to the business use.

(2) The business use must be separated from the living quarters by a wall, floor, partition, or other permanent physical barrier.

(3) Home occupation or home-based businesses in the MXD-2 are limited to the uses permitted in this Subchap-ter.

(4) All property modified for mixed use must have adequate space available for off-street parking and delivery, storage, pedestrian connectors, and landscaping.

(5) Material goods offered for sale or stored in connection with the uses permitted in this Subsection shall not be displayed or stored in any yard areas or outside of the building.

(g) Area requirements.

(1) Standards for adaptive reuse. The standards established in this paragraph apply to all existing buildings and structures proposed to be modified for the uses permitted in the MXD-2.

(A) Site Size. Calculation of the site size must include the main building or dwelling, vehicle storage, accessory buildings, and on site storage for equipment, supplies, and other related business resources. Floor area and building coverage ratio requirements are:

(i) Low intensity uses. Structures modified for low intensity reuse or a home occupation or home-based business shall have a minimum site size of 8,000 square feet. The coverage requirement shall be 30% coverage on interior lots and 35% coverage on corner lots. The remainder of land shall be used for pedestrian connectors, landscaping, parking, off-street delivery, and right-of-way.

(ii) Medium intensity uses. Structures modified for medium intensity reuse shall have a minimum site size of 12,000 square feet and a maximum site size of 14,000 square feet. The Floor Area Ratio shall be less than .61, and the building coverage ratio shall be 50%. The remainder of land shall be used for pedestrian connectors, landscaping, parking, off-street delivery, and right-of-way.

(B) Permits and licenses.

(i) For all structures modified for reuse and certain home occupations, a building permit must be obtained from for the City of Oklahoma City for interior remodel, improvements adjacent to the right-of-way, and all other improvements related to the infrastructure.

(ii) Prior to the occupancy of a structure approved for reuse, a Certificate of Occupancy must be obtained from the City of Oklahoma City.

(iii) For any use that requires licenses or certification, a current copy of a valid licenses or certification should be included with the application at the time of the request for the zoning change or be submitted prior to the commencement of business.

(C) Addition to existing structures. Whenever an addition or building expansion is required to modify an existing structure for reuse, the modifications shall be constructed of the same or compatible building materials and designed using architecture characteristic to the existing structure. Such construction shall be in compliance with the area requirements in this Subchapter and all applicable regulations of the underlying zoning district.

(2) Standards for new developments. The standards established in this paragraph apply to all new construction for uses permitted in the MXD-2.

(A) Site Size.

(i) Low Intensity. New structures designed for low intensity uses shall have a minimum site size of 8,000 square feet and a maximum site size of 10,000 square feet. The coverage requirement for low intensity uses shall be 30% coverage on interior lots and 35% coverage on corner lots. The remainder of land shall be used for pedestrian connectors, landscaping, parking, off-street delivery, and right-of-way.

(ii) Medium Intensity. New structures designed for medium intensity uses shall have a minimum site size of 12,000 square feet and a maximum site size of 14,000 square feet. The Floor Area Ratio shall be less than .61, and the building coverage ratio shall be 50%. The remainder of land shall be used for pedestrian connectors, landscaping, off-street parking, delivery, and right-of-way.

(B) Height regulations. Except as provided in OAC 120:10-5-3.1, no building or structure shall exceed 2-1/2 stories or 35 feet.

(C) Area requirements. All buildings shall be set back from street right-of-way lines and comply with the following yard requirements.

(i) Front yard. Minimum depth of the front yard shall be 25 feet and no building shall vary more than 6 feet from the existing average residential set-back line on the street where it is proposed for construction.

(ii) Side yard. Side yard shall have a minimum width of 5 feet. On any corner lot, a building shall be set back a distance of 15 feet from the street line on the intersecting street. All corner lots must be in compliance with 120:10-5-4.1(3).

(iii) Rear yard. Rear yard shall be 25' or 20% of the depth of the lot, whichever is smaller.

(D) Design Characteristics. All newly constructed structures shall be designed to reflect architectural elements characteristic to the environment of urban residential neighborhood. Building materials shall be compatible with materials on existing structures.

(E) Off-street parking and landscaping. Off-street parking shall be in compliance with Sub-chapter 7 and applicable zoning district requirements. Landscaping of off-street parking facilities and parking areas shall be in compliance with Subchapter 17 of this Chapter. With the exception of handicapped parking and access, facilities for off-street parking and off-street deliveries shall be located at the rear of the lot.

(F) Landscape plan required. The landscape plan shall contain provisions for pedestrian connectors, landscaped yards, fences/walls, methods used to achieve sight proof screening of off-street parking and access, accessory buildings, mechanical equipment, and an adequate sprinkler or watering system.

(i) All plantings shall be native to the Oklahoma City environment and maintained in good condition at all times.

(ii) All street-side landscaping, particularly front yard areas and main entrances shall complement and enhance the urban neighborhood streetscape.

(iii) Landscape buffers and screens should be used as much as possible in lieu of fences or walls. (iv) The Commission may require additional landscape planting(s) or material(s) to protect and preserve adjacent residentially used property.

(G) Signage. All identification and premises signage shall be in compliance with the criteria established in Subchapter 15. The Commission may require a limitation on directional signage or restrict the number, type, or size of signage. All signage must be approved by the Commission prior to installation.

(H) Public Hearing Required. The MXD-2 is classified as an overlay zoning district. All applications will be reviewed in compliance with the procedures established in OAC 120:10-13-16. Upon approval by the Commission, the official zoning district map will be amended to recognize the change in land use.

History

Added at 25 Ok Reg 2143, eff 7-11-08; Amended at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Part 5 SPECIAL USES

Okla. Admin. Code § 120:10-5-19 Special uses

This Part defines certain uses that provide public services and resources in support of the local community. These low to medium intensity uses may be permitted to operate in specified low density residential districts or areas where the primary use of land is single family residential. These uses are identified as special due to additional land use restrictions and conditions that may be applied to reduce or prohibit the impact on the character of the immediate area. In some cases, the Commission may determine to formulate a distance restriction, based on density and intensity of use, to avoid an over concentration of one or more of these type uses. It is the intent of this Part to properly integrate these uses into existing environments and to assure continued stability in the area in which they are located.

History

Added at 28 Ok Reg 2216, eff 7-25-11

Okla. Admin. Code § 120:10-5-20 Adult day care centers

(a) Purpose. It is the purpose of this section to establish land use regulations in medium intensity areas for a community based program providing quality daytime care for functionally impaired or physically disabled senior adults. Land use controls in this section will be imposed due to the sensitive nature of this use, the clientele served, to minimize concerns of security, traffic, and to insure a safe and stable environment.

(b) Conditional use permit required. The Commission shall review all applications for adult day care centers in accordance with OAC 120:10-13-19.

(1) High Rise General Residential District (RD-4)

(2) Office Commercial District (CO)

(3) Health Center Commercial District (CHC)

(d) Submission requirements. In addition to the requirements stated in OAC 120:10-13-19 the following documentation must be submitted for review of any proposed adult day care center:

(1) Floor Plan. A floor plan, accurately drawn to scale, showing the floor space devoted to but not limited to office, social nitration, recreation, therapy, dining, meal preparation, restrooms, storage, special equipment and emergency exits.

(2) Program of operation. The program of operation should detail internal basic and/or special service and any external services provided, including but not limited to physical or speech therapy, counseling, recreation and other activities; number of clients to be served; number of and titles of permanent staff members and volunteers; number of external care providers including nurses; facility hours of operation; provisions for transportation of clients; proof of legal ownership; and, if applicable, source of funding.

(3) Exterior facility. Safe and secure ingress and egress to the property and the structure should be provided. All sidewalks, walkways, public building entrances, and parking areas shall be handicapped accessible and constructed in compliance with the Americans with Disabilities Act.

(4) Off-street parking. All parking facilities associated with adult day care centers shall comply with the off-street parking requirements in Subchapter 7 and Subchapter 17. Handicapped access to the facility shall be provided in accordance with the Americans with Disabilities Act, Guidelines and Regulations. All off-street parking lots and parking areas shall be handicapped accessible and designed with adequate space available for emergency vehicles.

(5) Mixed use building. If an adult day care center operation is a subdivision of a larger organizational program, or located in a mixed use building, the center shall meet all of the specified requirements of the zoning district regulations.

(6) Signage. All signage shall be in accordance with Subchapter 15 and be reviewed and approved by the Commission prior to installation.

(7) License and inspection required. All centers must be licensed and inspected for compliance by the Oklahoma State Department of Health. All facilities must be inspected by the City of Oklahoma City for compliance with applicable building and other codes.

History

Added at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-21 Child care facilities

(a) Purpose. It is the purpose of this section to provide land use requirements for child care facilities as defined in OAC 120:10-1-3. Child care facilities shall qualify for inclusion in a district as conditional uses under the procedures in OAC 120:10-13-19.

(b) Conditional use permit required. To control factors that accompany child care facilities such as safety, noise, and traffic, a conditional use permit is required for all child care facilities. An approved conditional use permit is non-transferable and the use shall permanently cease upon the applicant's abandonment of the property or termination of the use.

(c) Child care home. Child care home, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(1) Single Family Residential District (RD-1)

(2) Low Density General Residential District (RD-2)

(3) Low Rise General Residential District (RD-3)

(4) High Rise General Residential District (RD-4)

(5) Historic Preservation District (HP)

(d) Child care center or childhood development center. Child care center or childhood development center, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(1) Neighborhood Commercial District (CN)

(2) Office Commercial District (CO)

(3) Health Center Commercial District (CHC)

(4) Health Center District (HC)

(5) Public District (P)

(e) Submission requirements. In addition to the requirements stated in OAC 120:10-13-19, the following documentation must be submitted for review of any proposed adult day care center:

(1) Off-street parking. Off-street parking lots and areas shall be designed, constructed, maintained and landscaped in compliance with the requirements in Subchapter 7 and Subchapter 17 and any other conditions the Commission determines necessary for safe access and egress.

(2) Handicapped parking and access. Handicapped parking shall be provided for employees and uses of child care centers in accordance with Subchapter 7. Handicapped access to the facility shall be provided in accordance with the Americans with Disabilities Act, Guidelines and Regulations.

(3) Signage. All signage shall be in accordance with Subchapter 15 and be reviewed and approved by the Commission prior to installation.

(4) Outdoor play area. Any yard area reserved for outdoor play area shall be based on the Department of Human Services requirements for child care facilities and shall be enclosed and visually screened. If the Commission determines it necessary, additional landscaping may be required to provide for the safety and protection of the occupants and the neighborhood in which the center is located.

(5) Special exemption. A child care center may be approved in any zoning district as a secondary use to a humanitarian or philanthropic foundation, or institution of religion, given the suitability of the physical facility for use by large numbers of children and provided the center conforms to all other regulations requirements.

(6) License required. All child care facilities shall meet the safety, design facilities, equipment and other features as outlined in the licensing process for the Child Care Licensing Division of the Department of Human Services, the Oklahoma City and County Health Department, and the City of Oklahoma City.

History

Added at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-22 Home occupation or home based business

(a) Purpose. It is the purpose of this section to provide requirements for a home occupation or home based business, defined as an owner occupied dwelling designed for residential purposes where the primary use is residential with a secondary use of a professional office.

(1) No more than 40% of the floor area of the main dwelling may be dedicated to the business activities.

(2) The business use must be separated from the living quarters by a wall, floor, partition, or other permanent physical barrier.

(3) All property modified for a home occupation or home based business must have adequate space available within the dedicated floor area for storage.

(4) All properties must have adequate land available for off-street parking and delivery, pedestrian connectors, and landscaping.

(5) Material goods offered for sale in connection with the business use shall not be displayed or stored in any yard areas or outside of the building.

(b) Restrictions. The following restrictions apply to all home occupations or home based businesses:

(1) Home occupations shall be operated in an owner occupied dwelling by the property owner of record.

(2) Not more than 1 person, other than a family member living on the premises, is employed by the home occupation or home-based business.

(3) No display of merchandise or signs other than 1 non-illuminated nameplate, not more than 2 square feet in area or 9 inches in diameter attached to the main building.

(4) No mechanical or other equipment may be used or activity conducted that creates noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted.

(5) Minimal traffic that will not noticeably interrupt or change the existing neighborhood traffic pattern or impact neighborhood streets by noticeably increasing traffic.

(6) Barber shop or beauty salon, tea room, restaurant, immediate care facility, real estate office, or cabinet, metal or auto repair shop are not considered a home occupation or home based business.

(7) The home shall not be altered to attract business.

(8) No additional curb cuts shall be permitted, and no front yard area, other than the driveway providing access to a garage, shall be paved or otherwise altered or used for parking of vehicles.

(9) No business shall be conducted upon the premises where chattel, goods, wares or merchandise are created, stored, exchanged or sold, such as a shop or store.

(10) No material or equipment shall be stored outside the confines of the home.

(11) Any other restrictions the Commission determines are necessary to protect the environment and the quality of the residential area in which the use is located.

History

Added at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-23 Humanitarian or philanthropic foundations

(a) Purpose. For purposes of these regulations, a humanitarian or philanthropic foundation is a facility owned and operated by a charity, legal nonprofit organization, religious institution, or quasi-public entity where the primary source of operating funds is donations, and the services provided are offered directly to the general public and service the public interest.

(b) Conditional use permit required. The Commission shall review all applications to use property in any residential zoning district in accordance with OAC 120:10-13-19.

(c) Restrictions. The following restrictions apply to all humanitarian or philanthropic foundations located in any residential zoning district:

(1) Newly constructed buildings must meet the intensity and density requirements of the zoning district in which it is located and be compatible in character and design to buildings in the immediate area.

(2) Off-street parking shall be in accordance with Subchapter 7 and Subchapter 17. All off-street parking areas must be adequately screened from adjacent residential structures.

(3) Signage shall be in accordance with Subchapter 15; however, the Commission may apply additional restrictions to signage.

History

Added at 28 Ok Reg 2216, eff 7-25-11
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Okla. Admin. Code § 120:10-5-24 Group living facilities

(a) Purpose. It is the purpose of this section to establish regulations for certain group living facilities and to properly integrate these uses into the existing environment and to assure continued stability in the areas in which they are located. In some cases, group homes while not strictly residential, can be incorporated into a residential setting. These facilities may be authorized only if the requirements of this section are met.

(b) Conditional use permit required. Due to the nature and multiple functions of these type uses, a conditional use permit is required for each and every facility in this section and will be reviewed in accordance with OAC 120:10-13-19.

(1) Group living facility. Group living facility as defined in OAC 120:10-1-3 may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)