Selina Jayne-Dornan, Mayor. p.o. BOX 684 EUFAULA, OKLAHOMA PHONE (918) FAX (918)

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,, Selina Jayne-Dornan, Mayor p.o. BOX 684 EUFAULA, OKLAHOMA 74432 PHONE (918) 689-2534 FAX (918) 689-1000 February 28,2013 Mr.

Duty Kay Robbins Wall City Attorney Donna Hysell City Clerk/Treasurer Don Murray Chief of Police RE: City of Eufaula Code Violations Dear Mr.

1 ,, Selina Jayne-Dornan, Mayor p.o. BOX 684 EUFAULA, OKLAHOMA PHONE (918) FAX (918) February 28,2013 Mr. Jimmy Teague RT 3, Box 3875 Checotah, OK CITY COUNCIL: WARD 1 Greg Anderson David Johnson WARD 2 Donald Berryhill Roger Barton WARD 3 Janet Bumgarner Brendon Bridges WARD 4 Floyd Smith James Duty Kay Robbins Wall City Attorney Donna Hysell City Clerk/Treasurer Don Murray Chief of Police RE: City of Eufaula Code Violations Dear Mr. Teague: As we spoke earlier today, the property owned by Nathan Hampton folmerly known as H & H Tool is zoned C-l (Commercial purposes.) The is receiving numerous complaints concerning your business including strong paint odors and excessive noise. The property is not and has never been zoned Industrial. Mr. Hampton's property is adjacent to an R-l zone single family residential sub division. This is the most restribtive residential district. Please review the enclosed copy ofthe zoning ordinances for C-l. These will assist you in complying to the ordinances. The City requests you cease and desist from any operations not covered in the C - 1 ordinance to include but not be restricted to out door painting, sand blasting or excessive equipment noises after or before normal coitid;lercial business hours. Sin~, ~~ Go~pe~;;;~ Co I uni~a)6e~10pment Director City of EutaUla Ene Believing in the American Dream

2 12-260: C-l COMMERCIAL DISTRICT, GENERAL DESCRIPTION: This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. (Ord., ) : USES PERMITTED: A. Property and buildings in a C-1 commercial district shall be used only for the following purposes: Any use permitted in the A-1, R-1, R-2, and R-3 districts. Accessory buildings which are not part of the main buildings, including a private garage or accessory buildings attached thereto. New or retrofit exterior construction shall be of material similar to adjacent rated structures. Construction of metal clad buildings on major commercial streets/thoroughfares must <: be covered with a facade similar to or complementary to adjacent structures. Exposure of metal cfad structures is prohibjted. All retail shops and stores which supply the regular and customary needs of the residents of the neighborhood and f. which are primarily for their convenience.

3 Any other store or shop for retail trade or ror rendering personal, professional or business service wh ch does not produce obnoxious noise, odor, dust, vibration, blast or traffic. BUildings, structures and uses accessory and customarily incidental to all retail shops and stores, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments. New automobile sales and services, new machinery sales and services, mariras and public garages, provided n~ gasoline is stored aboveground; used automobile and machinery repairing if conducted wholly within a completely enclo~ed building. No automobile or machinery wrecking establishment or junkyards will be allowed within the C-1 commercia! district. No article or material stored or offered for sale in connection with uses permitted under this subsection shall be stored or displayed outside the confines of a building unless it is so screened by permanent ornamental walls, fences, or planting that will restrict the article or.material from view on adjoining streets or lots by a person standing on ground level. However, no screening in excess of seven feet (7') in height shall be required, except automobile service stations and marinas engaged in the sale of gasoline and oil, where open display may be permitted of merchandise commonly sold by automobile service stations and marinas. No permanent open display will be permitted on sidewalks or public right of way. (Ord., ; amd. Ord. 95~11-1, ; Ord , ) : AREA REGULATIONS: A. Area: The area regulations for dwellings shall be the same as the requirements of the R-3 multiple-family residential district. _ B. Front Yard: Front yard requirements are as follows: There shall be a front yard of twenty five feet (25'). C. Side Yard: Side yard requirements are as follows: 1. On interior Jot li"nes there shall be no side yard reqijirements except on the side of a lot adjoining a dwelling district, in which case there shall be a side yard of not less than five feet (5');

4 On corner lots where a side lot line abuts a public dedicated street or road or private road easement of less than one hundred feet (100') of right of way, there shall be a side yard of flat less than fifteen feet (15'), and vehicle parking may be permitt~d within the side yard setback area; and 3. On corner lots where a side lot line abuts a public ded,icated street - I or road or private easement of one hundred feet (1 DO') or more of right of way there shall be a side yard of not less tharl twenty five feet (25'). ' I_ (, \.

5 (, ~-> D. E. F. G. Rear Yard: Rear yard requirements are as follows: I Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not Jess than twenty feet (20') in width. In all other cases no rear yard is required. I Parking: Buildings shall be proviped with a yard area adequate to meet the ~ff-street parking requirements. Coverage: Main and accessory buildings shall not cover more than thirty five percent (35%) of the Jot area, and'in no case shall the total gross floor area of the main building exceed the area of the lot. Fences; Glare: Whenever any commercial or industrial district or,- parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district an opaque ornamental fence, wall, or dense evergreen,hedge not less than five feet (5') high and not more than six feet (6') high shall be constructed and maintained in good condition along the side or liear lot line Lip to, but not beyond, the abutting residential setback building line, except where front yard is used for off-street parking, then the provisions of section of this chapter, pertaining to off-street parking lots, shall apply. In addition, the 'lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a,residenjial district. (Ord., 12-J-1971) I : HEIGHT REGULATIONS: The height regulations for dwellings and accessor,y buildings for dwellings shall be the same as those of the R-1 residential district. No building or structure shall exceed forty five feet (45') in height, except as otherwi?e provided in section of this chapter, unless it is set back from all Jot lines an additional one foot (1 ') for each two feet (2') that the building height exceeds,forty five feet (45'). (Ord., "1) _...., -. '"

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