Cleveland UCD (Urban Conservation District)

CNA Urban Conservation District Statute

?§ 59-21030. Cleveland Urban Conservation District.

A. Purpose and Intent. The Cleveland Urban Conservation District is intended to promote the health, safety, economic, cultural and general welfare of the public by encouraging the conservation and enhancement of the urban environment specifically in the area of the City known as Cleveland. The purpose of this district is:

(1) To provide for coordinated action and treatment for the area delineated in Subsection B. below in accordance with the spirit of the Urban Conservation District enabling provisions;

(2) To serve as a nucleus for neighborhood stability;

(3) To promote neighborhood identity and City recognition of special features and problems of Cleveland.

B. District Designation.

(1) Boundaries. The boundaries of the Cleveland Conservation District are the south side of N.W. 30th Street, the west side of Villa Avenue, the north side of N.W. 23rd Street and the east side of May Avenue, excluding Northwest Classen High School and Northwest Christian Church.

(2) Overlay Zoning District Established:

(a) The Cleveland Urban Conservation District shall be an overlay zoning district. The underlying zoning on the property designated by the regular zoning district regulations of this Code shall continue to regulate the use and development of land unless expressly modified by this ordinance.

(b) Areas, tracts, or sites within this district shall henceforth be identified on the Official Zoning Map and in other official writings by the attachment of the suffix "UC" to the underlying zoning district classification.

(c) The regulations established in this section shall take precedence over all other regulations in this chapter whether they are more or less restrictive.

C. Establishment of an Official Advisory Relationship Between the City and the Cleveland Urban Conservation District.

(1) Creation. The Cleveland Neighborhood Association Urban Conservation District Committee, hereinafter called the "Steering Committee," shall serve as an official advisory representative to the City and may advise the City Council, the Planning Commission and other duly appointed commissions and committees of the City on such matters relating to the vitality and integrity of the Urban Conservation District. Such commissions and committees may include but not necessarily be limited to the Alcoholic Beverage License Review Board, Board of Adjustment, Board of Appeals, Board of Park Commissioners, Building Code Commission, COTPA, Traffic and Transportation Commission and the Capital Improvements Program Citizens Committee.

(2) Organization; Members. The organization, membership and term of the Steering Committee shall adhere to the duly adopted constitution and bylaws of the Cleveland Neighborhood Association.

(3) Duties and Functions. The Steering Committee shall serve as an advisory body on governmental matters affecting the Cleveland Neighborhood as described below. No function or duty of the Steering Committee shall invalidate any action of the City Council, Planning Commission or any other City commission or committee, when such action has been approved by the votes required in the City Charter. In general, the Steering Committee shall:

(a) Initiate, review and recommend criteria and programs for the conservation, development, and enhancement of the Cleveland Urban Conservation District by means of:

1. Participating in the development and update of the Oklahoma City capital improvements program, including proposing new items and changes relating to the Cleveland Urban Conservation District. It shall be the obligation of the Steering Committee to provide the Office of Management and Budget with the name of a contact person for notification of all citizens' capital improvements program meetings.

2. Receiving and reviewing for comment any proposed revisions to the Oklahoma City Comprehensive Plan which would affect the Cleveland Urban Conservation District.

(b) Recommend priorities in government service and the operation of the various government departments in the Urban Conservation District by means of:

1. Requesting and receiving from departments or agencies, prior to implementation, full reports on any proposed changes in service or practice in the Cleveland Urban Conservation District, and recommending approval, disapproval or modification of the proposed changes;

2. Meeting with the City administrative officials to obtain additional information necessary for the Committee to fulfill its functions;

3. Reviewing and evaluating pending legislation substantially affecting the Cleveland Urban Conservation District; and

4. Regularly obtaining from the Public Works Department, for review, comments and recommendations, notices of all applications for rezoning, variances, special exceptions, special permits, and subdivision of property requiring a public hearing.

(c) Such suggestions, comments and advice shall be of an advisory nature only, but shall be forwarded with staff reports to the Planning Commission, City Council and Board of Adjustment for consideration at public hearings.

(d) In the interest of planning for neighborhood needs, identify and study the problems and requirements of the Cleveland Urban Conservation District, in order to:

1. Create plans and policies which will serve as guidelines for the future development of the neighborhood;

2. Bring the problems and needs of the neighborhood to the attention of appropriate government agencies or residents; and

3. Recommend solutions or legislations.


(e) Aid and promote communications within the Cleveland Neighborhood, and between it and the rest of Oklahoma City, by means of:

1. Providing that regular and special meetings of the Steering Committee shall be open to the public;

2. Soliciting the active cooperation of all segments of the community and City, including organizations, associations, institutions and government;

3. Initiating proposals and supporting those introduced by individual citizens or area organizations which will enhance the quality of life enjoyed by Cleveland residents and preserve the unique residential and commercial mix of the neighborhood; and

4. Promoting and encouraging community business whose functions, methods of operation, location, and architectural appearance are consistent with the character and requirements of the community.

(f) Encourage members from the Cleveland Urban Conservation District to make themselves available for appointment to the City boards and commissions which make decisions or recommendations affecting the Cleveland Urban Conservation District.

(4) Review of Proposed Development:

(a) The Director of Community Development shall notify the Chair of the Steering Committee of all applications for rezoning, variances, special exceptions, special permits, or subdivision of land requiring a public hearing involving land parcels located wholly or partially within the Cleveland Urban Conservation District or within 300 feet of the district's boundaries.

(b) The Steering Committee may initiate contact with an applicant to give notice of potential plans for the district and may suggest modifications in the application based on these plans.

(c) The Steering Committee may make written comments on any such application or have representatives at a public hearing. All written comments shall be attached as a part of staff reports to the Planning Commission, City Council or other body.

(5) Minutes of Meetings. On request, the Director shall provide to the Steering Committee a copy of the agenda and minutes of any Planning Commission, Board of Adjustment, and/or City Council meeting in which there is an agenda item concerning the Urban Conservation District.

(6) Annual Reports. The neighborhood association shall submit to the Director an annual report which includes the result of election of Steering Committee members and officers, a copy of the printed notice for said elections, and any adopted changes to the constitution and/or bylaws.

D. Overlay Zoning District Regulations. The following specific regulations shall be effective within the boundaries of the Cleveland Urban Conservation Zoning District. The regulations contained herein may be more or less restrictive than the regulations of the underlying zoning district. In either case, these regulations shall take precedence.

(1) Overlay Regulations for Commercial/Office Development:

(a) Signs.

1. No nonaccessory signs shall be permitted in any underlying zoning district.

2. Accessory signs shall be permitted on lots which are within an appropriate zoning district subject to the following conditions:

a. All signs shall conform to Chapter 3 of this Code.

b. No sign, either freestanding or attached, shall exceed the height of the building as constructed.

c. No flashing sign shall be permitted to be located where it can be seen from a residential lot.

(b) Litter Control:

1. Waste cans, dumpster units, and other forms of litter control and refuse disposal shall be placed on the site in a location where they are screened from residential view with sightproof screening as defined in Subsection (d) below.

2. Office and commercial operations shall provide for adequate litter control and containment upon the site.

(c) High Intensity Lighting. When high intensity illumination such as mercury, high pressure sodium or metal halide lighting is used, it shall be located and shielded so it does not create a nuisance for abutting residential property.

(d) Sightproof Screening and Landscaping. Sightproof screening and landscaping shall be provided as required by Section 59-6600; provided, however, that the following modifications shall apply:

1. The provisions of Section 59-6600.2.B shall be revised to eliminate metallic fences as a permitted screening material and shall be applied to this district as follows:

Sightproof Fence. A sightproof fence is a fence or wall which conforms to the following standards:

a. A minimum of six feet but not more than eight feet in height;

b. Attractive;

c. Constructed of wood or masonry. Metallic fences shall not be used for sightproof screening within this district;

d. Sufficiently stable to withstand wind force at 15 pounds of pressure per square foot;

e. Permanently anchored to the ground by a base situated entirely upon its subject property;

f. Obscures vision from one property to another; and

g. Kept in an attractive state and in good repair at all times by the property owners.

2. The following additional provision shall be applicable in this district:

Required Screening of Existing Development. Within one year of March 9, 1982, all parking lots, offices and commercial uses, and other similar uses shall be screened from abutting residential property by the erection of sightproof screening as defined in Section 59-6600 of this chapter, and amended by this section.

(e) Drainage Requirements for Hard-Surfaced Parking Area. For all uses other than one- and two-family uses, where additional hard-surfaced parking area is desired, such parking area shall be designed so runoff from said parking area does not flow onto abutting property. The use of dutch drains, lips on the edges of the parking area to detain and channel runoff into the stormwater sewer system, or other appropriate techniques shall be used to limit such runoff if topography of the property encourages runoff onto abutting property. The location, design and engineering calculations for all such parking areas shall be submitted for review and approval by the Director.

(2) Overlay Regulations for Residential Development:

(a) Housing Maintenance:

1. Structural Components:

a. Structural Members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.

b. Exterior Surfaces (Foundations, Walls and Roofs). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rats.

c. Foundation Walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.

d. Exterior Walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.

e. Roofs. The roof shall be structurally sound, tight, and not have defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.

f. Decorative Features. All cornices, entablatures, belt corbels, terracotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

g. Signs, Marquees, and Awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.

h. Chimneys. All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe, sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.

i. Stairs and Porches. Every stair, porch, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair.

j. Window and Door Frames. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.

(b) Property Maintenance:

1. Solid Waste Storage:

a. Storage of solid waste must be completely to the rear of the front wall; in the case of a corner lot it shall be screened from view from the side street it abuts. Solid waste is defined as unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, industrial wastes and demolition and construction wastes.

b. Solid waste containers shall be placed at the curb of the street upon which the dwelling fronts for collection. Placement shall not occur before 3:00 p.m. on the day before the regularly scheduled collection day. Containers shall be removed from the curb on the same day collection is made.

(c) Parking. It shall be unlawful for any person to park or store any vehicle on private property unless such vehicle is parked on a permanent hard-surfaced area or driveway not exceeding 24 feet in width in residential areas.

(3) General Overlay Regulations Modifying Provisions of All Underlying Zoning Districts:

(a) Conversion of Residential Structures. Before a residential structure can be converted to a more intense use, the following requirement shall be met.

1. For purposes of application within this district, the Regulations for Conversion of Structures in Section 59-6800.3B(2) shall be amended to limit vehicle parking in the front yard setback to a hard-surfaced area or driveway not exceeding 24 feet in width.

2. The property shall meet all applicable City codes and ordinances. in a property contains more than one structure, the conversion shall bring all structures up to the minimum standards required by all such codes and ordinances.

E. Qualifier. Except for the provisions specifically contained in this section, all other provisions of this chapter shall apply to and have full force upon the properties contained in the Cleveland Urban Conservation District; provided, however, any use which was an illegal use prior to March 9, 1982 shall not be considered as a nonconforming use, but shall remain an illegal use subject to compliance with the provisions of this chapter.

F. Amendment Procedure. Any amendment to the provisions of this section shall comply with the procedures found in Section 59-4300.4 of this chapter.

(Ord. No. 16585, § 1, 3-9-82)

Contact: OKC Action Center

Oklahoma City Action Center
200 N Walker, 73102
Phone: 297-2535
Fax: 297-2579
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Note: When using the web-based complaint system, always check "YES" to the question "Do you want a written report on action taken?" This will document your concern and provide a valuable paper trail for follow-up activities.

Contact: Ward 2 City Councilman

Honorable Sam Bowman
200 N Walker, 3rd floor
405-297-2402
405-297-3003 FAX
ward2@okc.gov

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