Okla. Admin. Code § 120:10-5-15

Current through Vol. 42, No. 4, November 1, 2024

Section 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.

(c)Permitted uses. Property and buildings in the MXD-2 may only be used for the following purposes:

(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,

(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)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.

Okla. Admin. Code § 120:10-5-15

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

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018