9.1.1

Any lot or parcel of land in any district that was under separate ownership and of record on the date of adoption of these regulations, or amendment thereof, where no adjoining undeveloped land fronting on the same street was under the same ownership on said date, may be used as a building site even though such lot or parcel fails to meet the minimum requirements for lot area, lot width, or both, that are generally applicable to lots in the district. With respect to such lots, yard dimensions and other requirements not involving lot area or width shall be complied with, subject to Paragraphs 9.1.2 and 9.1.3.

9.1.2

On any such lot or parcel the side yard requirements of these regulations shall not operate to reduce the net buildable width of such lot below 38 feet, provided, however, that the application of this exception shall not be permitted to reduce:

A.

any interior side yard below 10 percent of the width of the lot, or

B.

any exterior side yard below 20 percent of the width of the lot or 8 feet, whichever is greater.

9.1.3

On any such lot or parcel no combination of the following requirements shall operate to reduce the net buildable depth of such lot below 70 feet:

A.

front and rear yard,

B.

front and/or rear building setback, provided, however, that the application of this exception shall not be permitted to reduce:

1.

any front yard below 10 percent of the depth of the lot, or

2.

any rear yard below 15 percent of the depth of the lot, or 10 feet, whichever is greater.

The front setback requirement shall not apply to any lot where the average depth of existing setbacks on the developed lots located within one hundred (100) feet on each side of such lot is less than the minimum required front yard depth. In such cases, the front yard setback may be less than required but no less than the average of the existing depth for front yards on developed lots within one hundred (100) feet on each side of the lot. In residential districts, however, the setback shall in no case be less than fifteen (15) feet from the street right-of-way line.

Administrative adjustments are specified deviants from otherwise applicable development standards where development is proposed that would be compatible with surrounding land uses, in keeping with the public interest, and consistent with the purposes of these regulations.

The Community Development Director shall have the authority to authorize administrative adjustments in the following situations provided the specific criteria are met:

1)

A yard setback requirement where the deviation is for ten percent (10%) or less of that required;

2)

Any dimensional requirement that does not exceed one (1) foot;

3)

Building height requirements where the deviation is for ten percent (10%) or less of the maximum building height;

4)

Minimum lot area requirements where the deviation is for an individual lot and is for five percent (5%) or less of the required lot area;

5)

Maximum building coverage requirements where the variance is for five percent (5%) or less of the maximum building coverage;

6)

Lot frontage where the deviation is ten percent (10%) or less than the required lot frontage;

7)

A nonconforming single family residence may expand the primary use (not the accessory use) provided there is no detriment to surrounding properties, no public health or safety issue is created, the expansion does not exceed the larger of 50% or 800 square feet of the existing primary use footprint, and the expansion is subject to reasonable conditions imposed by the Community Development Director including a limitation on future expansions of the building, the filing of a covenant declaring the property to be a nonconforming use subject to conditions imposed by the Community Development Director and that the expansion does not violate any setback, height, or lot area requirements;

8)

To acknowledge an existing setback encroachment on structures built under a building permit more than five (5) years old as of the date of the application provided said encroachment does not interfere with any utility easement, create a traffic hazard, or negative impact adjacent properties.

9)

An off-street parking requirement where the deviation is for ten percent (10%) or less of that required.

In granting an administrative adjustment, the Community Development Director shall make an affirmative finding that the following criteria are met:

A.

That granting the administrative adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards;

B.

That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations;

C.

That granting the administrative adjustment will not adversely affect property values in any material way; and

D.

That granting the administrative adjustment will be generally consistent with the purposes and intent of these regulations.

9.5.1

Certain architectural features may project into required yards or courts as follows:

A.

Cornices, canopies, eaves, or other architectural features, may project a distance not exceeding 2.5 feet.

B.

Fire escapes may project a distance not exceeding 4.5 feet.

C.

An uncovered stair and necessary landings may project a distance not to exceed three feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

D.

Bay windows, balconies, and chimneys may project a distance not exceeding two feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

9.5.2

Uncovered Patios may be located in side and rear yards provided that they are not closer than three feet to any adjacent property line.

9.5.3

Fences, walls and hedges may be:

A.

Erected to a height of eight feet (8') in all required yard areas, except that fences, walls and hedges erected in required front yards shall not exceed four feet (4') in height. For corner lots, fences may be erected to a height of eight feet (8') in exterior side or rear yards which abut a public right-of-way. However, no such fence shall be located within the sight triangle as defined herein. No fences may be constructed in the street right-of-way, whether such right-of-way is held as an easement or is in fee.

B.

On any corner lot, no fence, wall, hedge or other structure or planting more than four feet in height above curb level shall be erected, placed, or maintained within the triangular area [formed] by the intersecting street lines and a straight line joining said street lines at points whose distance from the point of intersection is equal to the sum of the required front and exterior side yards (sight triangle). No fences or vegetation having a screening effect may be permitted or allowed by the owner to grow on any corner lot within the sight triangle as defined herein.

C.

Screening and fencing requirements may be imposed by the Community Development Director, Board of Adjustment or governing body at the time of site plan review which differ from the requirements set forth herein. Such screening and fencing requirements will be based upon the type and intensity of the use with the intent to screen commercial and industrial uses as required by these regulations. However, no such screen or fence shall be located within the sight triangle as defined herein.

D.

Fence Standards.

1.

Permitted Materials. A fence may be constructed of permanent material, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron or other material approved by the Director of Community Development.

2.

Prohibited Materials. Fencing materials prohibited include, but are not limited to, the following:

a.

Cast-off, secondhand or other items not originally intended to be used for constructing or maintaining a fence.

b.

Plywood less than 5/8 inch thick, plywood not of a grade approved by the Building Official, particle board, paper, and visqueen plastic, plastic tarp, or similar material.

c.

Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury, except as permitted by the Bartlesville Municipal Code.

3.

Maintenance. All fences shall be properly maintained so as not to create a hazard, public nuisance or blight in the surrounding neighborhood.

9.5.4

Open carports shall be permitted to extend beyond the minimum front yard or exterior side yard setback requirement in residential districts upon approval of a Special Zoning Permit by the Board of Adjustment as provided for in Section 10.5 and subject to the following conditions:

A.

The area of the carport, combined with all other structures on the lot, shall not exceed the maximum lot coverage established for the zoning district in which it is located.

B.

No part of the carport canopy or appurtenance may extend beyond the front property line or onto the public right-of-way.

C.

Said open carport shall not be used for the outside storage of materials, equipment or goods or the parking and/or storage of inoperable vehicles.

D.

The carport is compatible with other residential improvements in the neighborhood as to both value and exterior appearance (such as type of roof, color, structural design, etc.).

E.

A building permit shall be required prior to construction and the structure shall comply with all applicable building, zoning and development codes.

F.

The carport shall not be enclosed or the building permit shall be revoked and the owner cited for noncompliance.

All open carports existing as of the date of adoption of this regulation shall be grandfathered and considered a nonconforming use, subject to the restrictions concerning nonconforming uses as set forth in Section 8.1 of these regulations.

No hedge, tree, shrub, or other growth shall be placed in the area between the street curb and the front property line, said area being known as the "parkway," when such planting would create a traffic hazard by obstructing the view or when such planting would obstruct or hinder future development or use of said parkway.

No person shall place or cause to be placed upon or about any fire hydrant any rubbish, plants, building material, fence or other obstruction of any character whatsoever, nor shall any person fasten to a fire hydrant any guy rope, cable, or brace, nor park any vehicle nearer than fifteen (15) feet to a fire hydrant.