Kingfisher City Zoning Code

   A.   Where existing zoning classifications of districts such as residential, commercial, and industrial may not adequately deal with problems raised by such uses as hospitals, universities, churches and banks, but not limited thereto, there is hereby established the category of "special district".

   B.   The special district is an overlay district, put down on top of a basic zoning district, or regular zoning districts.

   C.   In the special district, provision is made for the needs of the institutional use, and an attempt is made to anticipate its impact on the neighborhood. The goal is to avoid conflict between the institution and the neighbors occasioned by repeated requests for changes in the traditional zoning regulations contained herein.

   D.   A neighborhood may believe special treatment under this title could preserve a particular character.

   E.   A special district may also serve to single out specific areas for special treatment because an area may perceive that it is threatened by a particular market force or offensive development. (Ord. 939, 11-14-2011)

   A.   Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of land less than ten (10) acres in size may make application for the approval of a special district by filing an application for an outline design plan and a supplemental zoning district designation special district.

   B.   An application for the approval of an outline design plan and the supplemental district designation special district may be processed simultaneously with and contingent upon an application for an amendment to the zoning map of the city.

   C.   An application for a special district shall be filed with the planning and zoning commission. The application shall be accompanied by the payment of filing fees established in subsection 11-11-7C of this chapter.

   D.   The application shall be in such form and content as the planning and zoning commission may by resolution establish; provided, that three (3) copies of an outline design plan shall accompany the filing of the application. The outline design plan shall consist of maps and/or text which meet the requirements specified in subsection 11-11-7A of this chapter. (Ord. 939, 11-14-2011)

   A.   Reversion Clause: If the special district site contains two (2) acres or less, the design statement must include a reversion clause as follows:

   B.   Application Of General Zoning District Regulations: The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this chapter. No modifications of use or bulk and area requirements of the applicable general use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this chapter is submitted to and approved by the planning and zoning commission and city commission and filed of record in the office of the county clerk of Kingfisher County. (Ord. 939, 11-14-2011)

In the special district, provision is made for the needs of the institutional use, and an attempt is made to anticipate its impact on the neighborhood. The goal is to avoid conflict between the institution and the neighbors occasioned by repeated requests for changes in the traditional zoning regulations contained herein. (Ord. 939, 11-14-2011)

   A.   Building Height: Within the special district, the maximum building height shall be established in the outline development plan.

   B.   Building Setback: The building setback from the exterior boundaries of the special district shall not be less than the minimum yards customarily required for the district or districts in which located; provided, that within two hundred feet (200') of any abutting property in an R-1 classification, structures shall be set back twenty five feet (25') plus two feet (2') of setback for each one foot (1') of building height exceeding fifteen feet (15'). (Ord. 939, 11-14-2011)

Off street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of section 11-4-6, "Off Street Parking", of this title. A common parking area shall be designed and located so as to be accessible to the structures it is intended to serve. (Ord. 939, 11-14-2011)

   A.   Outline:

      1.   Name: Name of special district.

      2.   Introduction: This special district consists of (     ) square feet or (     ) acres and is located (     ). The property is presently zoned (     ).

      3.   Legal Description: The legal description of this special district is (     ).

      4.   Owner/Developer: The owner/developer of this special district is (     ).

      5.   Site And Surrounding Areas: This special district property is presently developed with (     ). Surrounding properties are developed as follows: (                                           ).

      6.   Physical Characteristics: The elevation of the special district is (     ).

      Soil characteristics (               ).

      Tree cover (               ).

      Drainage information (               ).

Must include number of acres in the drainage area and delineation of applicable flood levels.Topographic map (attach as an exhibit).

      7.   Concept: The concept of this special district is (     ).

      8.   Service Availability:Streets: (               ).

      Utilities (               ).

      Fire protection (               ).

      9.   Special Development Regulations: The following special development regulations and/or limitations are placed upon the development carried out under this special district. Certain zoning regulations referred to in this text shall be those which appear in this title, as amended. For purposes of clarification and interpretation, the operative and contributing language and regulations of such zoning districts shall be the language and regulations applicable to the referenced zoning districts as contained in this title, as amended. In cases of conflict between provisions of this title and the provisions of this special district, the special district provisions shall supersede. The regulations are as follows:The following special conditions listed in subsection A10 of this section shall not be changed or amended in any way except by action of city commission after review and recommendation by the planning and zoning commission.10. Use And Development Regulations: The use and development regulations of the (          ) district shall govern this special district, except as herein modified.

   SPECIAL CONDITIONS   

      A10a (                                         )

      11.   Common Area/Private Drainage: Drainage improvements, if required, will be in accordance with the applicable sections of this code. Private drainageways will be permitted and constructed in accordance with title 12, chapter 7 of this code. Such private drainageways must be designed to handle adequate flows and cannot be built without specific approval of the city engineer. The maintenance will be the responsibility of the property owners.

      12.   Development Sequence: Provide a detail description of proposed sequence of development.

      13.   Reversion: (Include only if property contains 2 acres or less.) See subsection 11-11-3A of this chapter.

      14.   Exhibits: The following exhibits are hereby attached and incorporated into the special district.

These exhibits are:      

   Exhibit A - Master development plan (required).   

   Exhibit B - Topography map (required).The master development plan shall be a graphic representation of the development and conceptually portray the development commitment described in the special district design statement. The master development plan must be drawn on twenty four inch by thirty six inch (24" x 36") paper or mylar at a scale of one inch equals one hundred feet (1" = 100'), and shall show the following information:

         a. Location of proposed land uses and residential densities;

         b. Location of collector streets within the special district and adjacent arterial streets;

         c. Sufficient surrounding area to demonstrate the relationship of the special district to adjoining uses, both existing and proposed;d. Location and approximate size of proposed open space and recreation areas; ande. Areas where access to streets will be limited.

   B.   Affirmation Required:

      STATE OF OKLAHOMA      )

(Ord. 939, 11-14-2011)

   C.   Filing And Hearing Fees Required: There shall be a filing fee and two (2) public hearing fees, which shall be as set out in the fines and fees schedule in appendix A, division IV of this code. Such fees may be adjusted from time to time by the city manager. (Ord. 939, 11-14-2011; amd. 2013 Code)

   D.   Design Statement Required: The applicant shall prepare a design statement containing the following:

   TABLE OF CONTENTS

      Section Introduction

      Section Legal Description

      Section Developer

      Section Site And Surrounding Areas

      Section Physical Characteristics

      Section Site Topography

      Section Soil Characteristics

      Section Tree Cover

      Section Drainage

      Section Topographic Map

      Section Concept

      Section Service Availability

      Section Streets

      Section Sanitary Sewerage System

      Section Water System

      Section Fire Protection

      Section Gas, Electricity, And Telephone

      Section Special Development Regulations

      Section Use And Development Regulations

      Section Special Conditions

      Section Building Setbacks

      Section Building Height

      Section Access

      Section Landscaping

      Section Signs

      Section Lighting

      Section Common Area/Private Drainage

      Section Development Sequence

      Section Architecture

      Section Exhibits

   E.   Copies Of Design Statement Required: Twenty five (25) copies of the design statement and master development plan map are required for city staff such as water, sewer, fire, police, building inspector, gas, planning commission, city commission, et al., as example.

   F.   Other Requirements:

      1.   Copies, as follows:

         a.   Original plus two (2) copies of rezoning application.

         b.   Copies of ownership list.

         c.   Copies of warranty deed.

      2.   One letter of authorization from the property owner(s) if the application is not signed by the property owner(s).

      3.   The ownership list must contain all property owners, their complete mailing address and legal description, who own property within a three hundred foot (300') radius of the exterior boundary of the special district. Radius must increase in increments of one hundred feet (100') until no less than fifteen (15) separate individuals are provided or the radius reaches one thousand feet (1,000'). (Ord. 939, 11-14-2011)

There are two (2) public hearings for consideration of a special district:

   A.   Public Hearing And Planning Commission Action: The planning and zoning commission, upon the filing of an application for the supplemental district designation, special district, shall set the matter for public hearing and give fifteen (15) days' notice thereof by publication in a newspaper of general circulation. Where deemed necessary by the planning commission, additional notice shall be given by the posting of a sign or signs on the property. Within sixty (60) days after the filing of an application, the planning commission shall conduct the public hearing and shall determine:

      1.   Whether the special district is consistent with the city's comprehensive plan and/or the future land use plan.

      2.   Whether the special district harmonizes with the existing and expected development of the surrounding areas.

      3.   Whether the special district is a unified treatment of the development possibilities of the project site.

      4.   Whether the special district is consistent with the stated purposes and standards of this section.

   B.   Recommendation To City Commission For Consideration: When a supplemental district designation, special district, is approved, the planning commission shall forward its recommendation, the application and the design statement to the city commission for further hearing as provided in subsection C of this section.

   C.   City Commission Action: Upon receipt of the application, design statement plan, and planning commission recommendation, the city commission shall hold a hearing, review the design statement, approve, disapprove, modify, or return the design statement to the planning commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation special district, and the applicant shall be authorized to proceed with development in accordance with the design statement for a special district. (Ord. 939, 11-14-2011)

Abandonment of a special district shall require the city commission's approval, after recommendation by the planning commission, repealing the supplemental designation of special district. (Ord. 939, 11-14-2011)