Fort Gibson City Zoning Code

Section 1.

Purpose and intent. The C-1 District is primarily a retail and personal service district supplying the surrounding residential area with convenience goods and services which are normal, everyday necessities and routine purchases. Because these shops and services may be in close proximity with residences or an integral part of a neighborhood, more restrictive requirements for light, air, and open space are made than are provided for in the C-2 General Commercial District. (Prior Code, § 12-9A-1)

Section 2.

Permitted uses. Property and buildings in the C-1 Local Commercial District shall be used only for the following purposes:

1. Any use permitted in the Central Business District (§ 157.116 of this zoning code);

2. Retail stores and shops supplying the regular and customary needs of the residents of a neighborhood and primarily for their convenience as follows:

1. Abstract company;
2. Accountants;
3. Advertising office;
4. Antique shop;
5. Art materials/supply;
6. Auto service station;
7. Baby shop;
8. Bakery;
9. Bank;
10. Barbershop;
11. Book shop;
12. Cafe;
13. Camera shop;
14. Candy store;
15. Catering;
16. Cleaning, pressing, or laundry agency;
17. Collection agency;
18. Commercial school;
19. Consignment shop;
20. Credit union/bureau;
21. Curio or gift shop;
22. Dairy products or ice cream store;
23. Delicatessen;
24. Department store;
25. Dispensary of medical marijuana by a holder of a current state commercial medical marijuana dispensary license and a commercial medical marijuana dispensary permit issued by the town;
26. Drive-in cafe and fountain;
27. Drugstore;
28. Dry goods store;
29. Employment agency;
30. Florist shop;
31. Frozen food locker;
32. Fruit and vegetable stand;
33. Funeral parlor and mortuary;
34. Furniture sales, repair, and upholstery;
35. Grocery or supermarket;
36. Hardware and appliance store;
37. Heating, ventilating, or plumbing supply and sales;
38. Help yourself laundry;
39. Hotel;
40. Insurance office;
41. Jewelry store;
42. Liquor store, retail;
43. Lumber and materials sales yard;
44. Meat market;
45. Medical facility;
46. Messenger and telegraph;
47. Motel;
48. Musical instruments;
49. Newspaper and magazine stand;
50. Office supply store;
51. Optical supplies;
52. Paint and decorating shop;
53. Pet shop;
54. Pharmacy;
55. Propane fill station (maximum storage capacity not to exceed 3,500 gallons);
56. Radio and television sales and service;
57. Resale shop;
58. Restaurant;
59. Restaurants with mixed beverage sales where mixed beverage sales are not the primary function of the establishment;
60. Retail electronic communications sales and service;
61. Sewing machine sales;
62. Shoe repair shop;
63. Small animal hospital;
64. Sporting goods store;
65. Tailor shop;
66. Theater;
67. Toy store;
68. Trust company;
69. Utility office; and
70. Variety store.
71. Upon proper application to the town, certain light manufacturing may be permitted upon approval of the Board of Trustees in an open meeting. Said light manufacturing must be of a nature that would not be offensive or incompatible to the normal uses allowed under C-1 zoning and may be restricted to certain areas within the overall C-1 zoning area of the town;
72. Public garages, provided no gasoline, gas, or similar combustible materials are stored aboveground and new and used automobile repair operations if conducted wholly within a completely enclosed building. Automobiles awaiting repair must be inside the building; except, that no more than two automobiles may be parked on the property outside the building for a period of time not to exceed 30 days; and
73. Upon proper application to the town, auction houses or auction rooms may be permitted upon recommendation by the Planning Commission and approval of the Board of Trustees in an open meeting. Said auction houses or auction rooms must be of a nature that would not be offensive or incompatible to the normal uses allowed under C-1 zoning and may be restricted to certain areas within the overall C-1 zoning area of the town.

3. Nameplates and on-site signs relating to the use of the store and premises or the products sold therein. Lighted signs of the flashing or intermittent type are prohibited; and

4. Accessory buildings and uses customary and incidental to the main use. (Prior Code, § 12-9A-2)

1. Conditions of uses.
   1. Not more than 40% of the floor area of the main building or use shall be devoted to an accessory use.
   2. No goods or materials offered for sale or stored in connection with uses permitted in this district shall be displayed, stockpiled, or stored outside a building.
   3. The front or facade of any commercial building constructed within 300 feet either side of South Lee Street, beginning at the intersection with South Avenue, south to U.S. Highway 62, shall have a veneer of masonry, stucco, or manmade equivalent to brick or stone and shall have paved driveway from property line to street. (Prior Code, § 12-9A-3)
2. Area regulations.
   1. Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than 25 feet;
   2. Side yard. On the side of a lot abutting a residential district, there shall be a side yard of not less than six feet; and
   3. Rear yard. There shall be a rear yard of not less than 30 feet, if abutting a residential district, and an easement or alley, service court, rear yard, or a combination thereof of not less than 15 feet, if the building is to be serviced from the rear. (Prior Code, § 12-9A-4)
      

Section 3.

Uses permissible upon review.

The following uses may be permitted in the C-1 Local Commercial District upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code:

1. Animal hospital or clinic

2. Veterinarian

Section 4.

Repealer all ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.

Section 5.

Severability should any section, subsection, sentence, provision, clause or phrase hereof be held invalid, void or unconstitutional or any reason, such holding shall not render invalid, void or unconstitutional for any other section, subsection, sentence, provision, clause, or phrase of this resolution and the same are deemed severable for this purpose.

(Ord. 1997-3-1, passed 3-10-1997; Ord. 1998-1-1, passed 1-12-1998; Ord. 2001-01-02, passed 1-8-2001; Ord. 2002-0009, passed 10-28-2002; Ord. 2018-003, passed 3-26-2018; Ord. 2018-011, passed 10-8-2018; Ord. 2025-013, passed 10-15-2024) Penalty, see § 157.999

1. Purpose and intent. The C-2 District is primarily a retail and commercial district for conducting general business to which the public requires frequent and direct access, but which is not characterized by either constant heavy trucking other than that which is necessary for stocking and delivering of retail goods or by any nuisance factors other than those occasioned by the congregating of people and passenger vehicles. It is encouraged that this district be a compact one and that compatible businesses be located side by side to the mutual benefit of the consumer and the merchant. (Prior Code, § 12-9B-1)
2. Permitted uses. Property in the C-2 General Commercial District shall be used only for the following purposes:
   1. Any use permitted in the C-1 Local Commercial District (§ 157.135(B) of this zoning code);
   2. Advertising signs;
   3. Auction room/house;
   4. Automobile painting, upholstering, rebuilding, reconditioning, body and fender work, and auto glass installation;
   5. Boat sales;
   6. Bottling plant;
   7. Bulk feed and seed store;
   8. Cabinet shop;
   9. Decorative wrought iron;
   10. Farm implement and machinery, new and used sales;
   11. Farm implement and machinery storage, repair, and service;
   12. Golf course, miniature or driving range;
   13. Metal and wood fencing;
   14. Ministorage;
   15. New and used car and truck sales;
   16. New automobile and new machinery sales and service;
   17. Nursery or garden supply store;
   18. Processor of medical marijuana by a holder of a current state commercial medical marijuana processor license and a commercial medical marijuana processor permit issued by the town;
   19. Propane storage - less than 10,000 gallons;
   20. Telecommunications tower, including antennas and antenna support structures, providing for notice to property owners of record within 300 feet as required by state statutes;
   21. Wholesale distributor; and
   22. Buildings, structures, and uses accessory and customary to any of the above uses. There shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments. (Prior Code, § 12-9B-2)
   1. When a lot in a C-2 General Commercial District abuts upon a dwelling district, the rear yard requirement shall be 30 feet.Area regulations.
3. Building height. The height regulations in the C-2 General Commercial District shall be 35 feet or 2 1/2 stories. (Prior Code, § 12-9B-4)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-01-01, passed 1-11-2001; Ord. 2001-7-1, passed 8-20-2001; Ord. 2001-07-02, passed 8-13-2001; Ord. 2002-0009, passed 10-28-2002; Ord. 2004-010, passed 12-13-2004; Ord. 2007-003, passed 7-23-2007; Ord. 2018-003, passed 3-26-2018; Ord. 2018-016, passed 10-8-2018) Penalty, see § 157.999

Cross-reference: Signs conditionally permitted in certain districts, see § 153.30

1. Purpose and intent. The Heavy Commercial District is intended as an area in which the general public requires less frequent access than C-2 General Commercial Districts and may require heavy trucking. This District should be a compact one with compatible businesses being located nearby. (Prior Code, § 12-9C-1)
2. Permitted uses. Property in the C-3 Heavy Commercial District shall be used only for the following purposes:
   1. Any use permitted in the C-2 General Commercial District (§ 157.136 of this zoning code);
   2. Freight station;
   3. Nightclub or tavern;
   4. Propane storage depot - more than 10,000 gallons;
   5. Storage warehouse;
   6. Wrecker yard; and
   7. Buildings, structures, and uses accessory and customary to the above uses. There shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments. (Prior Code, § 12-9C-2)
3. Area regulations.
   1. For dwellings in a C-3 Heavy Commercial District, area regulations shall be the same as in an R-1 Single-Family District (§ 157.085(D) of this zoning code).
   2. When a lot in a C-3 Heavy Commercial District, which is being used for commercial purposes, abuts upon a dwelling district, the rear yard requirement shall be 15 feet.
   3. Intensity of use regulations for residential purposes in a C-3 Heavy Commercial District shall be the same as those in an R-1 Single-Family District (§ 157.085(D) of this zoning code). (Prior Code, § 12-9C-3)
4. Building height. The height regulations in the C-3 Heavy Commercial District shall be the same as those in an R-3 Multi-Family District (§ 157.087(E) of this zoning code). (Prior Code, § 12-9C-4)

(Ord. 2002-0009, passed 10-28-2002; Ord. 2018-003, passed 3-26-2018) Penalty, see § 157.999