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Kingfisher City Zoning Code

CHAPTER 4

GENERAL PROVISIONS APPLYING TO ALL OR TO SEVERAL DISTRICTS

11-4-1: LIMITATION ON USE:

   A.   Application Of Regulations In Districts Authorized: No land, building, structure, or improvement shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by chapter 5, "Nonconformities", of this title.
   B.   Application Of Regulations To Uses Of More Restricted District: Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions set forth in the regulations of the more restricted district, unless otherwise specified.
   C.   Residential Uses Restricted To Residential Lots: It is intended that this title be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes, except that one accessory residential unit may be provided for a night watchman, motel manager, or similar purpose where essential to the main use of the lot. (Ord. 939, 11-14-2011)

11-4-2: DIVISION OF LOTS:

An improved lot shall not hereafter be divided into two (2) or more lots unless all lots resulting from such division comply with all applicable requirements as specified in the subdivision regulations. (Ord. 939, 11-14-2011)

11-4-3: USE OF YARDS:

No building, structure, or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this title; provided, however, that surfaced parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the front yard of a lot in a residential district. (Ord. 939, 11-14-2011)

11-4-4: STREET ACCESS:

No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street. (Ord. 939, 11-14-2011)

11-4-5: TRAILERS AND COMMERCIAL VEHICLES:

   A.   Storage And Parking In Residential Districts: Commercial vehicles and trailers of all types, including travel, camping and hauling, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
      1.   No more than one commercial vehicle, which does not exceed one and one-half (11/2) tons' rated capacity, per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted.
      2.   No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed thirty six feet (36') in length or eight feet (8') in width; and further provided, that said trailer shall not be parked or stored for more than forty eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under the ordinances of the city, as provided for in subsection B of this section.
      3.   A mobile home shall be parked or stored only in a mobile home park which is in conformity with ordinances of the city.
   B.   Display In Commercial And Industrial Districts: Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of said vehicles or in such industrial districts allowing their manufacture; provided, however, said vehicles may not be used for dwelling purposes either temporarily or permanently except in a mobile home park authorized under the ordinances of the city. (Ord. 939, 11-14-2011)

11-4-6: OFF STREET PARKING:

   A.   Purpose And Application: It is the intent of these requirements that adequate parking and loading facilities be provided on off the street areas for each use of land within the city. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts.
   B.   Required Open Space: Off street parking space may be a part of the required open space associated with the permitted use, unless otherwise prohibited; provided, however, the off street parking requirements shall not be reduced or encroached upon in any manner.
   C.   Location: The off street parking lot shall be located within two hundred feet (200'), exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.
   D.   Joint Parking And Off Site Parking Facilities: Whenever two (2) or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. Owners jointly provide for their individual parking needs through a joint facility and/or facilities; provided, that the total number of spaces so provided shall not be less than the sum of the individual requirements and that each business and/or other use is within two hundred feet (200') of the parking facility.
   E.   Size Of Off Street Parking Space: The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than ten feet by twenty feet (10' x 20') plus adequate area for ingress and egress.
   F.   Amount Of Off Street Parking And Loading Required: Off street parking and loading facilities shall be provided in all districts in accordance with the following schedule:
   Parking Area
   Number Of Parking Spaces
   Parking Area
   Number Of Parking Spaces
Boarding or rooming house or hotel/motel
1 parking space for each sleeping room
Commercial establishments not otherwise classified
1 parking space for each 150 square feet of floor space used for retail trade in the building and including all areas used by the public
Community center, theater, auditorium, church sanctuary
1 parking space for each 4 permanent seats, based on maximum seating capacity, or each 50 square feet of floor area in rooms without permanent seating but intended to be used for assembly purposes
Convalescent or nursing homes
1 space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 2 employees including nurses
Convention hall, lodge, club, library, museum, place of amusement or recreation
1 parking space for each 50 square feet of floor area used for assembly or recreation in the building
Dwelling, multi-family
The number of spaces provided shall not be less than 2 parking spaces for each of the first 50 dwelling units and 11/2 spaces for each dwelling unit above 50 units
Dwelling, single-family or duplex
2 parking spaces for each separate dwelling unit within the structure
Eating places
1 off street parking space for each 225 square feet of gross floor area
Hospitals
1 space for each 4 patient beds, exclusive of bassinets, plus 1 space for each staff or visiting doctor, plus 1 space for each 3 employees including nurses, plus adequate area for the parking of emergency vehicles
Industrial establishments
1 off street parking space for each 500 square feet of gross floor area or 1 off street parking space for each 2 employees, whichever is greater, and 1 loading or unloading berth for each 25,000 square feet or fraction thereof of gross floor area
Medical or dental clinics or offices
6 spaces per doctor, plus 1 space for each 2 employees or 1 space per each 250 square feet of floor area, whichever is greater
Office building
1 parking space for each 300 square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service
 
   G.   Paved Surface Required: All parking spaces shall be paved with a sealed surface permanent pavement and maintained in a manner that no dust will result from continued use.
   H.   Off Street Parking Lots Located With Or Adjacent To Residential District: Whenever off street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:
      1.   All sides of the lot within or abutting the residential district shall be enclosed with a screening wall or fence as specified under section 11-4-7 of this chapter.
      2.   No parking shall be permitted within a front yard when the parking lot is located in a residential district.
      3.   Driveways used for ingress and egress shall be confined to and shall not exceed twenty five feet (25') in width, exclusive of curb returns.
      4.   All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.
      5.   Whenever lighting is provided, it shall be arranged so that all light is deflected from adjoining residential uses.
      6.   No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only nonintermittent white lighting of signs shall be permitted. (Ord. 939, 11-14-2011)

11-4-7: SCREENING WALL OR FENCE:

When the provisions of this title require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:
   A.   Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation;
   B.   Shall not be less than five feet (5') nor more than eight feet (8') in height; and
   C.   Shall be constructed with all braces and supports on the interior. (Ord. 939, 11-14-2011)

11-4-8: SEWERAGE SERVICE:

No structure or use in any district shall be erected or commenced which does not have a connection to the public sewerage system, unless and until the county public health officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, the county public health officer may require such percolation tests as he deems to be necessary. Such tests are to be made at the expense of the property owner. (Ord. 939, 11-14-2011)

11-4-9: GROUP HOUSING PROJECTS:

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this title to the individual buildings in such housing project, the application of such requirements to such housing project may be changed by the board of adjustment, in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by this title in 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 less than the requirement of the district in which the housing project is to be located. (Ord. 939, 11-14-2011)

11-4-10: TOBACCO/E-CIGARETTE RETAILERS:

   A.   No business licensed by Kingfisher, Oklahoma shall be located or operated at any place except at locations permitted by the City's zoning or planning laws. The location of a tobacco/e-cigarette store is specifically prohibited within three hundred feet (300') of any playground, school, or other facility when the facility is being used primarily by persons under twenty-one (21) years of age. The distance shall be measured as the shortest straight line distance from the property line of the proposed tobacco/e-cigarette store to the property line of the entities listed below:
      1.   Public or private school.
      2.   Playgrounds.
      3.   Facility used primarily by persons under twenty-one (21) years of age.
   B.   Definitions: For purposes of this Section, the following words shall be defined as shown.
 
ELECTRONIC SMOKING DEVICE:
Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combinationproducts authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
PLAYGROUNDS:
Any area used for outdoor play or recreation, especially by children, and often containing recreational equipment such as slides and swings.
SCHOOL:
Any property, building, permanent structure, facility, auditorium, stadium, arena or recreational facility owned, leased or under the control of a public school district or private school or any educational facility that is accredited by the state of Oklahoma.
   a.   School includes all licensed childcare facilities, kindergartens, elementary schools, which may include either K-6 or K-8, and all secondary schools
   b.   School includes any institution within the Oklahoma State System of Higher Education or any other public or private college or university that is accredited by a national accrediting body.
TOBACCO PRODUCT:
Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, and liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. (Ord. 2024-003, 3-11-2024)