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Fort Gibson City Zoning Code

157 Supplementary

Zoning Regulations

157.180 Scope Of Provisions

These supplementary district regulations shall apply to zoning districts except as otherwise specified in this subchapter.

(Prior Code, § 12-12-1) (Ord. 1997-3-1, passed 3-10-1997)

157.181 Visibility At Intersections In Residential Districts

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the areas bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(Prior Code, § 12-12-2) (Ord. 1997-3-1, passed 3-10-1997)

Cross-reference: Definition of "Yard, front" concerning obstruction to view, see § 157.004

157.182 Fences, Walls, And Hedges

Notwithstanding other provisions of this zoning code, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, that no fence, wall, or hedge shall extend beyond the front yard building setback line as set forth in§ 157.085(D), "Area Regulations", of this zoning code. This section does not apply to walls constructed for the intent of retaining soil.

(Prior Code, § 12-12-3) (Ord. 2008-005, passed 3-24-2008) Penalty, see § 157.999

157.183 More Than One Principal Structure On A Lot

In any zoning district, more than one single-family residential structure may be erected on a single lot; provided, that yard and other requirements of this zoning code shall be met for each single-family residential structure as though it were on an individual lot. A lot split must be obtained before the erection of any subsequent single-family residential structures.

(Prior Code, § 12-12-4) (Ord. 2003-0013, passed 11-10-2003) Penalty, see § 157.999

157.184 Exceptions To Height Regulations

The height limitations contained in the specific district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Prior Code, § 12-12-5) (Ord. 1997-3-1, passed 3-10-1997)

157.185 Access

  1. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
  2. No dwelling shall be erected on a lot which does not abut on at least one street for at least 40 feet and have a width of at least 75 feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

(Prior Code, § 12-12-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.186 Major Recreational Equipment

  1. Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

    MAJOR RECREATIONAL EQUIPMENT. Includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like.
  2. Parking, storage, and use regulations. No major recreational equipment shall be parked or stored on any lot in a residential district other than described below:

Major recreational equipment must be stored in the back yard or behind the residence, (The area from the back of the dwelling to the rear property line). Major recreational equipment are not to be stored in the side yard or beside the residence. Major recreational equipment must be parked on an all-weather impervious material, such as, a concrete pad, asphalt, or concrete pavers under each tire of the vehicle.

Major recreational equipment parked or stored on any lot in a residential district shall not be used for living, sleeping, or housekeeping purposes, or in any location not approved for such use.

  1. Exemptions. Exceptions may be made for visitation purposes not to exceed 30 consecutive days or 90 days in a four-month period.

(Prior Code, § 12-12-7) Penalty, see § 157.999

HISTORY
Amended by Ord. 2024-006 on 9/11/2023

157.187 Parking And Storage Of Certain Vehicles

1. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than as described below;

Property owners may have no more than two vehicles without current license plates or non-operating vehicle stored on a residentially zoned property. The vehicles must be stored in the back yard of the residence and parked on an all-weather impervious material. Such as, a concrete pad, asphalt, or concrete pavers under each tire of the vehicle.

2. All other vehicles must be parked in a designated parking space.

3. No person shall park any vehicle when the vehicle's classifications rated by the manufacturer as greater than one ton on any street unless the person is actually engaged in loading or unloading merchandise and while such person has displayed all warning required for disabled vehicles. The storage of vehicles, trucks ,trailers, boats, motor homes, or any equipment on any street by any person is unlawful and an offense and such may be impounded, towed and stored by authority of the police department as a traffic obstruction hazard.

PENALTY: Any person who shall violate any provision of this chapter shall, upon conviction, be fine NOT LESS THAN $100 or NOT MORE THAN $500. Each day of such violation shall constitute a separate offence.

(Prior Code, § 12-12-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Cross-reference: Storing or parking junked vehicles, see § 91.062

157.188 Uses Permissible Upon Review

  1. Procedures generally. Uses permissible upon review shall be accepted or rejected under the following procedures.
    1. An application shall be on file with the Town Clerk's office in the municipal building at least 20 days prior to the next regular meeting of the Planning Commission.
    2. The application shall include:
      1. The location and intended use of the site;
      2. A certified abstract of the names of the property owners and existing land uses within 300 feet, exclusive of streets and alleys; and
      3. Any other information pertinent to the request that the Planning Commission may require.
  2. Telecommunications facilities.
    1. Description. Telecommunications facilities are public protection and utility facilities which may have technical location requirements necessitating specific locations in and around areas serviced, and certain open air land uses which can be objectionable to certain other uses and are, therefore, permitted in certain districts by a use permissible on review.
    2. Uses permissible upon review. Telecommunication facilities, including antennas and antenna support structures, may be initiated upon approval of a use permissible on review of the Planning Commission.
    3. Use conditions.
      1. The installation of new antennas and antenna support structures on existing facilities which predate the effective date hereof and have otherwise been approved as a use by right or permissible use by the Planning Commission may be permitted by right upon certification of an engineer licensed to practice in the state that the existing structure would accommodate the new user without requiring structural modification and otherwise obtaining the required permits. Excluding the requirement for obtaining approval of a use permissible on review from the Planning Commission, such new facilities shall be subject to this division (B) (excluding the collocation design requirement).
      2. The installation of antennas and antenna support structures in the A-1, C-2, I-1, and I-2 districts shall require approval of an application to the Planning Commission for uses permissible on review. Such application shall include a site plan showing all proposed improvements and a scale drawing which displays the location of all existing sites and sites on which applications are pending with the Planning Commission for antennas and antenna support structures within a one mile radius of the site proposed in the application.
    4. Conditions for Planning Commission approval. In order to obtain approval of a use permissible on review for an antenna and antenna support structure, the Planning Commission shall require, subject to modification and additional requirements as deemed necessary by the Planning Commission, that the antenna and antenna support structure satisfy the following:
      1. Written evidence shall be presented to the Planning Commission by the proposer of such facility that the new facility is not closer than one-fourth mile from any existing site or site for which an application is pending with the Commission for an antenna and antenna support structure on which collocation space is reasonably available;
      2. Shall be set back from an R district boundary 110% of its height as measured at grade;
      3. In no case shall the antenna and antenna support structure exceed a maximum height of 200 feet;
      4. In zoning districts other than industrial or heavy commercial, towers over 90 feet in height shall not be located within one-fourth mile of any existing tower. All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and shall not be less than five feet from the property line. Towers, guys, and accessory buildings must satisfy minimum zoning setbacks;
      5. Shall be buffered with vegetative or other screening to mitigate the operational and visual impacts of such use on abutting and adjacent uses. The standard buffer strip shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. In locations where the Planning Commission determines that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived entirely by the Commission;
      6. Shall be subject to initial and continuing compliance with all other applicable local, state, and federal codes and standards for operation of that particular facility. These requirements shall include, but not be limited to, meeting the standards and requirements of the Federal Aviation Administration, Federal Communications Commission, Electronic Industries Association, and American National Standards Institute;
      7. If the operation and use of such facilities cease for a period of 180 days, unless or except said local approvals are given again within 60 days of the expiration of the 180-day period, it shall be removed by the owner at the owner's cost or be subject to removal by the town at the owner's cost;
      8. It shall be designed and constructed in such a manner as to accommodate collocation of a minimum of two wireless telecommunications system providers, unless it can be demonstrated by the applicant, to the satisfaction of the Planning Commission, that such collocation was not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities;
      9. If collocation is determined by the Planning Commission to unreasonably impede or impair the operation of the proposed facility, a minimum spacing of one mile from other such facilities shall be met;
      10. The antenna support structure shall be on monopole design;
      11. Certification from a professional engineer licensed to practice in the state shall be submitted with the Planning Commission application that the antenna and antenna support structure is designed and constructed in such a manner as to accommodate the collocation of a minimum of two wireless telecommunications system providers, and that it meets the standards of the American National Standards Institute and the Electronic Industries Association. Further, certification from such an engineer shall be required upon completion of construction and prior to commencement of operation that the antenna and antenna support structure has, in fact, been constructed in accordance with the plans as approved by the town;
      12. Include written evidence of compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration;
      13. Operators of such facilities shall give the town administration 30 days' prior written notice of any change or modification in the operation of the facility that would cause the facility to no longer be in compliance with divisions (B)(4)(a) through (B)(4)(l) above and the conditions of approval granted by the Planning Commission. Said notice shall include detailed information about the nature of all such changes. Further, such changes shall cause the approval of the use permissible on review to be summarily revoked and become the basis for requiring submission of a new application to the town if operation is to continue; and
      14. Notwithstanding divisions (B)(4)(a) through (B)(4)(m) above, upon obtaining approval for collocation of a specified number of users on a particular facility by a use permissible on review by the Planning Commission, subsequent users up to the specified number may be permitted by right upon demonstrating compliance with all conditions of the original approval.

(Prior Code,§ 12-12-9) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-7-1, passed 8-20-2001) Penalty, see § 157.999

157.189 Area Regulations

  1. Joint use of open space and lot area. No open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.
  2. Yards.
    1. Where the dedicated street right-of-way is less than 60 feet in depth, the front yard shall be measured starting at a point 30 feet from the centerline of the street right-of-way.
    2. In those instances where a side yard is used and none is required, there shall be a side yard of not less than three feet.
    3. Where 25% or more of the lots on one side of a street between two intersecting streets is improved with buildings which have observed an average front yard setback line less than herein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings.
  3. Parking and loading for businesses and industries. It is the intent of this zoning code that lots of sufficient sizes be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

(Prior Code, § 12-12-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.190 Group Housing Projects

In case of a housing project consisting of a group of two or more buildings or a high rise apartment to be constructed on a plot of ground of at least three acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street width and lot layout make it impracticable to apply the requirements of this zoning code to the individual buildings in such housing project, an application shall be submitted to the Board of Adjustment for approval, approval with conditions, or denial. Said group housing shall be in harmony with the character of the neighborhood, will ensure a density of land use no higher, and a standard of open space as required by the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is more than the requirement of the district in which the housing project is to be located.

(Prior Code, § 12-12-11) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.191 Storage Of Liquified Petroleum Gases

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the prevailing ordinances of the town and the regulations of the Liquefied Petroleum Gas Administration of the state.

(Prior Code, § 12-12-12) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.192 Recreational Vehicle Parks

  1. Purpose. The purpose of this section is to provide general standards applicable to recreational vehicle parks to provide compatibility with the adjoining properties.
  2. Permitted land use zones. RV parks may be permitted in the C-2, C-3, A-1, I-1, and I-2 zones subject to the requirements of a conditional use permit and in conformance with this section.
  3. Approval of site plan.
    1. Submission of plan. The owner/developer shall prepare a site plan for submission to the Planning Commission. Copies of the site plan shall be submitted to the Planning Commission not less than 15 working days prior to the meeting at which it is to be considered.
    2. Certification of design. The site plan shall be accompanied by a statement signed by the registered engineer/architect preparing the site plan that he or she has, to the best of his or her ability, designed the recreational vehicle park in accordance with the general plan, with which he or she is completely familiar, and in accordance with the ordinances and regulations governing the development of land.
    3. Contents of site plan. The site plan shall be drawn to a minimum scale of 100 feet to one inch and shall contain, or be accompanied by, the following information:
      1. The scale, north arrow, and date;
      2. The proposed name of the recreational vehicle park;
      3. The name and address of the owner of record, the owner/developer, and the registered engineer/architect preparing the site plan;
      4. The land contours with vertical intervals not greater than two feet referenced to a United States geological survey or coast and geodetic survey benchmark or monument.
      5. The location of existing buildings, water, and watercourses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the recreational vehicle park; provided, however, that the actual measured distances shall not be required;
      6. The length of the boundaries of the tract, measured to the nearest foot, and the proposed location and width of streets, private drive, alleys, easements, and setback lines and the lot dimensions, if applicable; and
      7. Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands.
    4. Planning Commission action. The Planning Commission shall approve, conditionally approve, or disapprove the site plan within 60 days of the date of its submission by the applicant. If the site plan is disapproved or approved conditionally, the reasons for such actions shall be stated in writing, a copy of which shall be signed by the Planning Commission Chairperson and shall be attached to one copy of the site plan and transmitted to the owner/developer. Unless stipulations or additional time is agreed to by the owner/developer, and if no action is taken by the Planning Commission within 60 days after submission, the site plan shall be forwarded to the Board of Trustees for their approval, approval with conditions, or disapproval. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations with which the plat does not conform. On conditionally approving a site plan, the Planning Commission may require submission of a revised site plan.
  4. General standards.
    1. All RV parks shall contain a minimum of two acres.
    2. Length of occupancy for any RV shall not exceed 120 continuous days or 180 in a one-year period.
    3. Each site/space shall be of a size and shape that will provide reasonable area for the parking of the recreational vehicle next to the utility connections and for the parking of another vehicle side by side. Minimum site/space shall be 30 feet by 50 feet.
    4. Each site/space in the park shall be identified with an individual number in logical sequence and shown on the approved site plan for the park.
    5. The property line or street frontage may consist of fencing no more than six feet high of decorative, wrought iron, or chainlink type.
    6. Each space shall have direct access to an abutting roadway of gravel or asphalt with a width of not less than 25 feet for two lane traffic and a minimum of 15 feet for one-way traffic. One-way drive aisles must originate and terminate at two-way drive aisles.
    7. Roadways shall not be used for parking.
    8. All recreational vehicle parks shall be designed to allow for two-way access to a public street.
    9. All exterior lighting shall be located and installed in accordance with the National Electric Code and must meet all state requirements.
    10. Refuse containers shall be conveniently located throughout the park and contained within a trash enclosure in accordance with the standards established by the town.
    11. Common recreational area shall be required for all recreational vehicle parks. These include, but are not limited to, playgrounds, clubhouse, swimming pool, game courts, picnic area, and open area. Open areas may be designed for active or passive recreation.
    12. Each site/space shall be improved with paving, gravel, or other nonpaved surface.
    13. Each recreational vehicle park shall be landscaped in accordance with the approved site plan.
    14. The facility shall have a manager available 24 hours per day. The on-site manager's living quarters may be a recreational vehicle or a single-family residence.
    15. No site/space shall be more than 500 feet from the nearest fire hydrant.
    16. Any recreational vehicle park in excess of ten spaces shall have a minimum of a six-inch water main line extension installed to meet the requirement of division (D)(15) above.
    17. All electrical distribution on the development site shall be underground including site lighting and power distribution. Each space shall have a minimum of a 30-amp, 240-volt, 1-phase pedestal installed per National Electric Code.
  5. Accessory uses. The following structures and their uses are permitted in all recreational vehicle parks:
    1. A propane exchange or vending machines that are properly maintained and protected from inclement weather;
    2. Common shower, bath, and laundry facilities;
    3. Private recreational facilities for the use of the occupants of the park;
    4. Recreational vehicle or travel trailer storage area. The storage area shall be fully screened with fencing not less than six feet in height and shall be clearly designated on the approved site plan;
    5. Snack bar and food store provided this use is fully contained in a social or recreational center (clubhouse) and serving only park guests;
    6. Social and recreational (clubhouse); and
    7. Similar uses. The Planning Commission may allow any other use it may determine to be similar to those listed herein and compatible with the site and surrounding land use.
  6. Prohibited uses. The following uses are prohibited:
    1. An on-site propane filling station;
    2. Except as otherwise expressly provided herein, no part of the park shall be used for any business, commercial, manufacturing, or retail, unless those activities are approved under separate permit; and
    3. Except for park owner or park management personnel as allowed under division (D)(14) above, there shall be no permanent residency in a recreational vehicle park.
  7. Setback requirements.
    1. All permanent buildings within the park shall meet the setback requirements of the zone that they occupy.
    2. A minimum ten-foot landscape setback shall be maintained along all street frontage.
    3. When a park is adjacent to a residential zone, a minimum 25-foot wide landscape buffer shall be provided between the spaces and the property line.
    4. When a park is adjacent to a commercial or industrial zone, a minimum ten-foot wide landscape buffer shall be provided between the space and the property line.
  8. Park rules and regulations. Park rules and regulations pertaining, but not limited to, fireworks, open fires, pets, security, child supervision, private gardens, registration of occupants, speed limit, and quiet hours shall be established by the owner/developer.

(Prior Code, § 12-12-13) (Ord. 2009-008, passed 7-27-2009) Penalty, see § 157.999