Atoka council imposes temporary moratorium on modular buildings in commercial districts

The Atoka City Council voted to impose a temporary moratorium on new permanent and temporary modular buildings in commercially zoned areas, concluding an extended discussion prompted by an application from Inca Community Services to place a modular metal building on a C-2 property for an adult day program.

The debate opened when the council’s staff reported that the city’s zoning code prohibits modular structures in residential areas but contains no clear prohibition in commercial zones. A city attorney told the council the code contains ambiguous, conflicting definitions — including how the code defines a “lot” and where accessory buildings may be sited — and that past enforcement has been inconsistent.

Representatives of Inca Community Services said the modular structure would house the nonprofit RAVE program, which the applicant described as a daytime workshop and clothing bank serving adults with disabilities. The applicant said inspections were completed for a recently built structure and that the building is currently on school property awaiting relocation. “We are a non profit organization, and we are here to serve people,” the applicant said, adding the building is small and that the intent is daytime services, not an overnight shelter.

Neighbors told the council they worried the facility could change uses in the future and pointed to ordinance language they said restricts accessory buildings to rear yards. Eddy Gabbard, a nearby resident, told the council he believed the request should be denied and raised concerns about placement and compliance with code 12-224. A resident during public comment said, “I’m really concerned about an adult day care because I’ve read through the statutes, and it’s not very far reach to see those kind of things turn into homeless shelters,” expressing the neighborhood’s fears about potential changes in use.

City staff and the building/fire officials explained that fire-marshal approvals, sprinkler or alarm requirements and other safety measures depend on a defined use and the building’s occupancy load; those details typically are confirmed after scaled drawings are submitted. The city attorney said the council must decide whether to adopt clearer rules for modular buildings in commercial districts or accept current practice while staff proposes code revisions.

Mayor (unnamed) moved to put a moratorium on “any more temporary, permanent or temporary modular buildings until we have a chance to review and update our code book.” The motion was seconded and passed by roll call. The roll-call record indicates Councilmembers McDaniel, McGee, Sheryl and Cathy voted yes; one councilmember said she had an “invested interest” and recused herself from the vote.

The moratorium halts placement of modular buildings in commercial areas while staff prepares revised language and guidance for the council to consider. The council did not adopt new permanent zoning language that evening; instead it directed staff and legal counsel to draft clarifying ordinance language and to return with recommendations.