Zoneomics Logo
search icon

Fort Gibson City Zoning Code

157 Residential

Districts

157.085 R-1 Single-Family Residential District

  1. Purpose and intent. The R-1 District is a district in which the principal use of land is for single-family dwellings with fixed permanent foundations. More specifically, the purpose is to:
    1. Encourage the construction of and the continued use of the land for single-family dwellings;
    2. Allow educational, religious, and recreational facilities that are normally required for a well balanced neighborhood;
    3. Prohibit commercial and industrial uses, or any other use that would interfere with the use of the area as a place for a single-family dwelling; and
    4. Encourage the discontinuance of any existing uses that would not be permitted as new uses under this zoning code. (Prior Code, § 12-6A-1)
  2. Permitted uses. Property and buildings in the R-1 Single-Family District shall be used for the following purposes only:
    1. Accessory building which is not a part of the main building, including a private garage or accessory building which is a part of the main building;
    2. Bulletin board or sign not exceeding 12 square feet in area pertaining to the lease, sale, or rental of a building or premises, which signboard or bulletin shall be removed as soon as said building or premises has been leased, rented, or sold;
    3. Cemetery, not including animal cemeteries;
    4. Church;
    5. Detached single-family dwelling;
    6. Fallout and/or storm shelter;
    7. Family childcare home:
      1. Must be licensed by the State Department of Human Services;
      2. A maximum of seven children, including those preschool children under five years of age who reside in the residence, may be cared for in the home;
      3. No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver as required by the standards for family childcare homes adopted by the State Department of Human Services.
      4. No signs advertising the family childcare home shall be permitted on the lot;
      5. No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures;
      6. No family childcare home may be located on a lot within 300 feet of another lot containing a family childcare home if any boundary of said lots abut the same street. STREET, as used herein, shall mean any named or numbered street along its full length, irrespective of any intervening street; and
      7. State licensed family childcare homes in existence on the effective date of this provision, that have more than seven attendees may not add to or replace any attendees that might leave the family childcare home until the total number of attendees is seven or less.
    8. General purpose farm or garden, but not the raising of livestock or poultry;
    9. Home occupation;
    10. Municipal or publicly owned recreational facilities;
    11. Public library;
    12. Public school or school offering general educational courses, the same as ordinarily given in public school and having no rooms regularly used for sleeping or housing; and
    13. Temporary buildings used for construction purposes only, shall require a permit issued by the Code Enforcement Office and which shall be valid for thirty (30) days with a one-time option to renew for an additional thirty (30) days at the discretion of the Town Administrator or his designee. (Prior Code, § 12-6A-2) (amended 3/24/25)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code:
    1. Bed and breakfast facility, with the following use conditions:
      1. There shall be on-site parking available which shall be located in the rear or side of the structure. The minimum parking requirements shall be no less than one space per guest, one space per innkeeper, and one space per staff person;
      2. One sign shall be allowed which shall not be more than six square feet in area and which may be lighted by no more than two 50-watt light bulbs;
      3. The bed and breakfast facility must maintain the residential character of the neighborhood. Fire exits shall be in the rear of the structure and enclosed by a buffer; and
      4. The bed and breakfast facility must meet all applicable codes and licensing procedures and must have a minimum of 2,500 square feet of habitable area and a minimum of one bathroom for every two guestrooms. The bed and breakfast facility shall not have to meet commercial kitchen codes.
    2. Golf course, but not including miniature golf courses or driving ranges;
    3. Municipal use, public building, and public utility;
    4. Plant nursery in which no building or structure is maintained in connection with said nursery; and
    5. Private recreational clubs and recreational areas operated by membership organizations for the benefit of their members and not for gain or profit. (Prior Code, § 12-6A-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. All buildings shall be set back from the street right-of-way to comply with the following requirements:
        1. The minimum depth of the front yard shall be 25 feet of right of way;
        2. If 25% or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater than 25 feet, then no new building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a setback greater than 40 feet; and
        3. When a lot has double frontage, the front yard requirements shall be provided on both streets.
      2. Side yard. All buildings shall be set back from the side lot to comply with the following side yard requirements.
        1. For dwellings of one story located on an interior lot, there shall be a minimum side yard of six feet and a minimum of eight feet for dwellings of more than one story except as hereinafter provided in section VI. For unattached buildings of accessory use, there shall be a side yard of not less than six feet; provided, however, that unattached one story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
        2. On any corner lot, dwellings and accessory buildings shall have a setback from the street line of the intersecting street a distance of 15 feet when a lot is back to back with another corner lot, and a distance of 20 feet in all other instances. The interior side yard requirements shall be the same for dwellings and accessory buildings on an interior lot.
        3. Main and accessory buildings, other than dwellings or accessories to dwellings, shall have a setback of 25 feet from all exterior and interior lot lines.
      3. Rear yard. There shall be a rear yard for a main building of not less than 30 feet or 20% of the depth of the lot, whichever is greater. Unattached buildings of accessory use may be located in the rear yard.
    2. Lot width. For dwellings, there shall be a minimum lot width of 75 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use.
      1. For each single-family dwelling and building accessory thereto, there shall be a lot area of not less than 10,375 square feet.
      2. Where a lot has less area than herein required and all boundary lines of that lot are adjacent to lands under other ownership on the effective date hereof, that lot may be used for any of the uses permitted in this chapter.
    4. Lot coverage. Main and accessory buildings shall not cover more than 30% of the lot area. Accessory buildings shall not cover more than 25% of the rear yard, or 50% of the main building area, whichever is less. (Prior Code, § 12-6A-4)
  5. Building height. No building in the R-1 Single-Family District shall exceed a height of two and one-half stories or thirty-five feet. (Prior Code, § 12-6A-5)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2003-0004, passed 3-10-2003; Ord. 2004-010, passed 12-13-2004) Penalty, see § 157.999

Cross-reference: Mobile/manufactured home restrictions, see § 152.04

HISTORY
Amended by Ord. 2024-009 on 9/25/2023

157.086 R-1-M Residential District With Manufactured, Modular, And Mobile Homes

  1. Purpose and intent. The R-1-M Residential District with Manufactured, Modular, and Mobile Homes is a district in which the principal use of land is for single-family dwellings with fixed permanent foundations. The R-1-M zone requires a minimum area of one city block and must meet all requirements of the R-1 District but includes modular, manufactured, and mobile homes, more specifically as provided in this section. (Prior Code, § 12-6B-1)
  2. Permitted uses. Property in the R-1-M Residential District shall be used only for the following purposes:
    1. Any use permitted in R-1 Single-Family Residential District (§ 157.085(B) of this zoning code);
    2. Manufactured, modular, and mobile homes to be used for single-family dwellings:
      1. Axles and tongue must be removed;
      2. At least two prior manufactured, modular, and mobile homes exist in the redesignated area;
      3. Travel trailers, tent trailers, or motor drive vehicles are not allowed as mobile homes; and
      4. Subject homes must be at least 960 square feet. (Prior Code, § 12-6B-2)
  3. Area regulations. For dwellings in an R-1-M Residential District, area regulations shall be the same as in the R-1 Single-Family Residential District (§ 157.085(D) of this zoning code). (Prior Code, § 12-6B-3)
  4. Building height. The height regulations in the R-1-M Residential District shall be the same as those in the R-1 Single-Family Residential District (§ 157.085(E) of this zoning code). (Prior Code, § 12-6B-4)

(Ord. 2003-0006, passed 4-14-2003) Penalty, see § 157.999

157.087 R-2 Two-Family Residential District

  1. Purpose and intent. The R-2 Residential District is to provide a slightly higher population density than the R-1 Single-Family District. This District is generally located adjacent to the high population density Multi-Family District and provides a transition from the high density, high land values to the Single-Family District. (Prior Code, § 12-6C-1)
  2. Permitted uses. Property and buildings in the R-2 Two-Family District shall be used only for the following purposes:
    1. Any use permitted in the R-1 Single-Family District (§ 157.085(B) of this zoning code);
    2. Two-family dwellings with fixed permanent foundations; and
    3. Accessory buildings and uses customarily and incidental to any of the above uses when located on the same lot. (Prior Code, § 12-6C-2)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in§ 157.188 of this zoning code:
    1. Any use permissible upon review in the R-1 Single-Family District (§ 157.085(C) of this zoning code); and
    2. Childcare center. (Prior Code, § 12-6C-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. Front yard requirements shall be the same as those in the R-1 Single-Family District (§ 157.085(D)(1)(a) of this zoning code).
      2. Side yard. The side yard requirements shall be the same as those in the R-1 Single-Family District (§ 157.085(D)(1)(b) of this zoning code).
      3. Rear yard. There shall be a rear yard of not less than 25 feet.
    2. Lot width. The lot width for two-family dwellings shall be the same as that in the R-1 Single-Family Residential District (§ 157.085(D)(2) of this zoning code). For two-family dwellings, there shall be a lot width of 75 feet at the building line and 50 feet at the street right-of-way line; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use. There shall be a lot area of not less than 9,375 square feet for single-family dwellings and 10,375 square feet for two-family dwellings.
    4. Lot coverage. Main and accessory buildings shall not cover more than 30% of the lot area. Accessory buildings shall not cover more than 25% of the rear yard, or 50% of the main building area, whichever is less. (Prior Code, § 12-6C-4)
  5. Building height. No building in the R-2 Two-Family District shall exceed a height of two and one-half stories or 35 feet. (Prior Code, § 12-6C-5)

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

Cross-reference: Restrictions on mobile/manufactured homes in residential districts, see § 152.04

157.088 R-3 Multi-Family Residential District

  1. Purpose and intent. The R-3 Multi-Family District is provided to allow medium to high population density and certain professional offices along with religious, recreational, and educational facilities. This district is generally located adjacent to the commercial districts and permits a transition to the R-1 and R-2 Residential Districts. (Prior Code, § 12-6D-1)
  2. Permitted uses.
    1. Any use permitted in the R-2 District (§ 157.087(B) of this zoning code);
    2. Multi-family dwelling, apartment, or boarding house, with fixed permanent foundation; and
    3. Rest home, nursing home, or convalescent home, after inspection and approval by the State Health Department. (Prior Code, § 12-6D-2)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code.
    1. Any use permissible upon review in the R-2 District (§ 157.087(C) of this zoning code);
    2. High rise apartments; and
    3. Medical facilities. (Prior Code, § 12-6D-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. Front yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(a) of this zoning code).
      2. Side yard. Side yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(b) of this zoning code); except, that for each additional story or part thereof, the side yard shall be increased by five feet;
      3. Rear yard. Rear yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(c) of this zoning code); except, that for each additional story or part thereof, the rear yard shall be increased by five feet.
    2. Lot width. There shall be a minimum lot width of 75 feet at the building line for single- and two-family dwellings, and five feet additional width for each additional family; provided, however, that such lot shall not be required to exceed 120 feet. A lot shall abut on a street a distance of not less than 40 feet; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use.
      1. There shall not be a lot less than 9,375 feet for one-family and two-family dwellings and an additional 1,000 feet for each family over two occupying the structure.
      2. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section.
    4. Lot coverage. Main and accessory buildings shall not cover more than 35% of the lot area. Accessory buildings shall not cover more than 30% of the rear yard or 50% of the main building area, whichever is less. (Prior Code, § 12-6D-4)
  5. Building height. No building shall exceed a height of two and one-half stories or 35 feet except as provided in § 157.185 of this zoning code. (Prior Code, § 12-6D-5)

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

Cross-reference: Restrictions on mobile/manufactured homes in residential districts, see § 152.04

157.089 R-4 Mobile Home Park District

  1. Intent. It is intended that mobile homes be allowed only in the R-4 Mobile Home Park District. (Prior Code, § 12-6E-1)
  2. Minimum number of lots. A mobile home park must have at least ten mobile home lots. (Prior Code, § 12-6E-2)
  3. Site and structure requirements. A mobile home park shall conform to the following requirements.
    1. Lot size. The minimum lot size for a mobile home shall be 3,500 square feet.
    2. Lot width. The minimum lot width shall not be less than 35 feet.
    3. Lot depth. The minimum lot depth shall not be less than 100 feet.
    4. Yards.
      1. Side yard. The side yard shall not be less than five feet.
      2. Rear yard. The rear yard shall not be less than 20 feet.
      3. Front yard. The front yard shall not be less than 25 feet.
    5. Additional requirements.
      1. Additional lot width. When a mobile home to be situated on a lot exceeds 12 feet in width, an additional foot shall be added to the width of the lot for every foot the mobile home exceeds 12 feet in width.
      2. Additional lot depth. When a mobile home to be situated on a lot exceeds 60 feet in length, an additional foot shall be added to the length of the lot for every foot the mobile home exceeds 60 feet in length.
      3. Building setback line. A mobile home shall set back at least 25 feet from the right-of-way line of any and all streets in the town. (Prior Code, § 12-6E-3)

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

Cross-reference: R-1-M Residential District, see § 157.086; Restrictions on mobile/manufactured homes in residential districts, see § 152.04