Animals in any district shall be kept only in accordance with the ordinances of the city.

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and regulations of the liquefied petroleum gas administration of the state.

State Law reference— State liquefied gas rules, adoption of NFPA Standards, 52 O.S. Secs. 520.1 et seq.

Travel trailer parks and mobile home parks shall be constructed in accordance with the requirements of the ordinances of the city.

A.

The following requirements are intended to provide exceptions or to qualify and supplement, as the case may be, the specific district regulations set forth in Sections 18-501 through 18-693 of this Code.

1.

Qualified Lot Requirements.

a.

A lot which does not meet the minimum development regulations of a zoning district shall not be subdivided to create more nonconforming lots.

b.

If any existing lot or parcel is smaller than the minimum requirements of chapter 18, but all sides of the lot or parcel touched lands under other ownership on November 10, 1964, the lot shall be used for single-family site-built purposes only, provided such residences are permitted in the district.

c.

No structure or parking area shall be erected or constructed on a lot or parcel which does not abut a public street, at least fifty (50) feet in right-of-way width, for at least thirty-five (35) feet of the lot frontage. The street shall form the direct and primary means of ingress and egress for all structures and parking areas. This provision does not apply to planned unit developments with approved private streets or subdivisions with lots which are provided direct access to a public street through dedicated common area owned and maintained by all the property owners within said subdivision. Site-built structures and parking areas may be erected or constructed on lots or parcel that have a frontage of less than thirty-five (35) feet, but not less than twenty-five (25) feet, if the said lot or parcel was platted or established prior to November 10, 1964.

d.

No portion of the required area of any lot or building site shall be used or considered to be a part of the required area from any other lot or building site.

e.

No existing lot or building site which has an area less than or equal to the minimum required lot size shall be reduced in area, except when such reduction results from a court decree or other action of governmental authority.

f.

Where an existing lot has been reduced below the minimum required area through condemnation or by acquisition of a portion thereof for public purposes by any governmental agency, the director of planning may authorize its development if said reduction is no greater than fifteen percent (15%) of the minimum lot required.

2.

Qualified Yard Regulations.

a.

If the lots on one side any four hundred (400) foot section of a public street between two intersecting streets are improved with buildings that have an average front yard setback variation of not more than six (6) feet, the minimum front yard setback for those lots included therein shall be that average setback line so established; provided, however, that this regulation shall not be interpreted to require a front yard of more than twenty-five (25) feet nor shall it allow any buildings to be constructed within any public right-of-way or easement, except as allowed by Section 18-404.1A.8 of this code.

b.

Double Frontage Lots.

(1)

Where both the front and rear yards abut streets, the minimum front yard requirement of the zoning district shall apply to any frontage which has access to a street. The frontage which has no access permitted shall be subject to the rear yard requirements of the district.

(2)

A private fence or wall may be approved by the Director of Planning in the rear and side yard areas of lots designed with double frontage, provided that other applicable restrictions herein regarding such fence or all are met. Accessory uses also shall be permitted in the front and side yards of lots designed with double frontage, but only in accordance with the provisions of 18-404.1.A.2.b.(1) above, and provided that they do not obstruct the view of traffic from an intersecting street.

c.

Where the dedicated street easement or right-of-way is less than fifty (50) feet, the front yard depth shall be determined by measuring fifty (50) feet back from the center line of the street easement or right-of-way except as otherwise provided in this section.

d.

An attached or detached private garage which faces onto a street shall not be located closer than twenty-five (25) feet to the street easement or right-of-way line or property line whichever is closer or as established in Section 18-404.1A.2.b.

e.

If an existing building was legally constructed prior to November 10, 1964, with less side yard than is now required, an addition to such building which constitutes an extension of the existing side wall line shall be permitted, provided that such addition shall not encroach upon the front or rear yards as herein required.

f.

The front yard for single-family and two-family dwellings located on corner lots shall be the yard area located along the shorter of the two (2) street frontages unless the planning director determines that based upon the unique characteristics of the lot and/or the functional aspects of any related structures, it is more practical that the front yard be the yard area located along the longer of the two (2) street frontages.

3.

Qualified Yard Regulations, General.

a.

All buildings and structures, other than single-family or two-family dwellings and buildings accessory thereof, to be located on lots adjoining, adjacent, or abutting an RE, R-1, or R-2 district or an existing single-family or two-family subdivision or use shall be set back from the adjoining, adjacent, or abutting property line the minimum setback provided in the zoning district in which the building is located or the height of the building, whichever is greater.

(1)

To determine a setback based on the building height, the minimum distance shall be equal to the height of the building at any point when measured from the ground at the property line (for illustration purposes, refer to Figure 19).

(2)

When separated from the adjoining, adjacent, or abutting RE, R-1 or R-2 district or existing single-family or two-family subdivision or use by a public alley or right-of-way, all required setbacks based on the building height shall be measured from the property line on the far side of said alley or right-of-way. This shall not apply to any setback which is not based on the building height.

b.

For new construction on lots fronting a local street with a right-of-way width in excess of sixty (60) feet where all the lots on one side of a public street between two (2) intersecting streets are vacant, the front or side yard setback as required for a particular zoning district shall be measured from a line twelve (12) feet from the back of curb or twenty-five (25) feet from the centerline of the right-of-way, whichever is more restrictive, provided that the building does not extend beyond a platted building limit line or onto any public right-of-way or easement.

c.

Land set aside for off-street parking may be counted as a part of the required setback or yard in any district.

d.

Where an official line has been established by the long range transportation plan for future widening or opening of a street or transportation facility upon which a lot abuts, the width of a yard shall be measured from such official line to the nearest building limit line.

e.

Platted Building Lines.

(1)

Where a platted building limit line exists on the recorded plat which requires a greater setback than the zoning district in which it is located, the platted building limit line shall be enforced. However, if the platted building limit line is less than the required setback of the zoning district, the zoning district setback shall be used.

(2)

Site plans submitted with building permit applications shall show all platted building limit lines and the relationship of all existing and proposed structures to the platted building limit lines.

f.

For Planned Unit Development and townhouse subdivisions, the yard requirements of the zoning district in which they are located shall be applied to the exterior boundary of the development. All interior yard requirements shall be indicated on the plat.

4.

Sight Triangles. On any corner lot no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations higher than two feet six inches (2′6″) above any portion of the crown of the adjacent roadway shall be permitted or maintained in the sight triangle. The sight triangle shall be determined as follows:

a.

In cases where the total street right-of-way or easement is fifty (50) feet or less, the sight triangle shall be measured from the point of intersection of the front or rear and exterior side lot lines a distance of twenty-five (25) feet along the front or rear and side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

b.

In cases where the total street right-of-way or easement is in excess of fifty (50) feet and located on a minor street as defined on the State of Oklahoma/Federal Highway Administration Functional Classification Map, the sight triangle shall be measured from the point of intersection of the driving surface or curb line of the intersecting roadways for a distance of forty-five (45) feet along the driving surface or curb line abutting the front or rear and side lot line and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

c.

In cases where a street right-of-way in excess of fifty (50) feet intersects with a non-minor street, the traffic engineer shall determine the most suitable standard as stated above or a combination thereof.

No automobile shall be parked within or on the street side of the triangle so formed nor shall any curb cutback be made for the purpose of access or parking within or on the street side of this triangle.

5.

Extension into Yard Areas. The following features, and no others, may extend into the required minimum yard areas.

a.

The following extensions shall not exceed five (5) feet into front and rear yards and two (2) feet into side yards. These restrictions shall apply to buildings, structures, or projections located in yards or portions thereof that are required by any setback regulations of this ordinance.

(1)

Open or lattice enclosed fire escapes required by the fire code;

(2)

Fireproof outside stairways required by the fire code;

(3)

Balconies opening into fire towers projection required by the fire code;

(4)

The ordinary projection of chimneys and flues;

(5)

Projecting roof structural lines or eaves, provided that covered porches may not extend into the required front yard in residential districts;

(6)

In zoning districts which do not provide for front or side yard setbacks, canopies or marquees constructed in accordance with the building code may be extended beyond the structure for not more than five (5) feet over a public sidewalk;

b.

A carport shall not be permitted to extend into a required front yard except as allowed by Section 18-404.1A.8 of this code.

c.

Heating and air equipment may extend into the side yard setback as required to meet the manufacturer's minimum distance requirements from any structure.

6.

Open Yard Requirements. Every part of a required yard or setback shall be open to the sky without obstruction except for the following:

a.

Specific accessory uses as provided for in Section 18-404.1.A8 of this code;

b.

Accessory buildings in rear yards;

c.

The ordinary projections of skylights, sills, belt courses, cornices, oriel windows and ornamental features which cantilever from the wall or roof of the structure, if such projections do not exceed two (2) feet;

d.

Underground tornado or bomb shelters may be constructed in the rear yard. Shelters placed in the required front yard must be constructed at grade except for vent apparatus projection.

7.

Required Distance Between Detached Accessory Buildings and Dwelling Units. No detached accessory building walls shall be closer than six (6) feet to any dwelling unit walls or other accessory building walls on the same lot or building site. No detached accessory building eaves shall be closer than five (5) feet to any dwelling unit or other accessory building eaves or the same lot or building site. This provision shall not prohibit the use of fire resistive walls as defined by the building code as a substitute for the distance requirements stated above.

8.

Accessory Uses and Structures Permitted.

a.

General.

(1)

A building permit must be obtained prior to construction for each accessory structure to be located on a permanent foundation or having a gross floor area of two hundred (200) square feet, or greater.

(2)

In all residential use districts, detached accessory buildings shall meet the following criteria:

(a)

On lots less than one-half (½) acre, the maximum square footage of all detached accessory buildings shall not exceed thirty percent (30%) of the rear yard.

(i)

All accessory structures must observe the minimum setbacks of the zoning district in which they are located, except for detached one-story structures having a gross floor area less than two hundred (200) square feet, when located on a corner lot, not less than sixty-five (65) feet back of the front property line, and within an opaque screening fence or wall with a minimum height of six (6) feet, then minimum side yard setback from the right-of-way of the intersecting street shall be reduced to five (5) feet. Whenever this provision is used to reduce the side yard setback for a detached accessory structure, the opaque screening fence or wall must be maintained in place, otherwise the minimum setback of the zoning district will apply and any accessory structures in violation thereof must be relocated. This exception does not apply to a detached garage or other structure designed to be accessed from the adjacent roadway.

(ii)

Prior to being issued a permit for an accessory structure which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct an accessory structure beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owner from their obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(b)

On lots one-half (½) to one and one-half (1-½) acre, the maximum square footage of all detached accessory buildings shall not exceed one thousand two hundred fifty (1,250) square feet or two and one-half percent (2-½%) of the lot size, whichever is greater.

(c)

On lots one and one-half (1-½) to three (3) acres:

i.

The maximum square footage of all detached accessory buildings shall not exceed two and one-half percent (2-½%) of the lot size; and

ii.

All detached accessory buildings shall sit at least twenty-five feet (25′) from side and rear property lines.

(d)

On lots three (3) acres and greater:

i.

The maximum square footage of all detached accessory buildings shall not exceed five percent (5%) of the lot size; and

ii.

All detached accessory buildings shall sit at least twenty-five feet (25′) from side and rear property lines.

(3)

No accessory building shall be constructed upon a residential lot until the construction of the main building has been actually completed.

(4)

No accessory building shall be used unless the main building of the lot is also being used.

(5)

Accessory uses and structures, including swimming pools, fences, storm shelters and carports, which are customarily associated with, incidental to, and subordinate to a principal use shall be permitted subject to applicable city codes.

(6)

Temporary buildings for uses incidental to construction work shall be permitted, provided they shall be removed upon the completion or abandonment of the construction work.

b.

Specific Accessory Uses.

(1)

Carport. A carport is defined as a permanent roofed structure open on at least two (2) sides, when located within the building setback limits, and designed for or occupied by private passenger vehicles and includes any covered drive areas and porticos. Carports are permitted to be constructed with or added to a residential structure subject to the following conditions and requirements:

(a)

Carports may be permitted within the side or rear yard of a structure provided it is located at least three (3) feet from the side property line of an interior lot. A carport may be permitted within the side yard adjacent to the street right-of-way on a corner lot provided that it is located at least fifteen (15) feet from the right-of-way.

(b)

All carports shall comply with the setback requirements of Chapter 18, with the following exceptions:

i.

Carports used in conjunction with single-family dwellings or two-family dwellings located on local streets as defined by the subdivision regulations and/or the long range transportation plan and located on lots for which the subdivision plat creating said lots was recorded prior to January 1, 1990, shall be permitted to extend into the required front yard setback area and into the public right-of-way. However, no such carport shall be closer than twelve (12) feet in distance from the face of the curb or the edge of the pavement or closer than one foot from any public sidewalk. In no case shall the erection of such carports be closer than ten (10) feet from any public utility, encroach upon the sight triangle or restrict access to any fire hydrants. This provision does not in any way diminish the city's legal right to the right-of-way, and the city shall be held harmless with respect to any future use of the right-of-way by the city or a utility company; or

ii.

On lots located on local streets as defined by the subdivision regulations and/or the long range transportation plan for which the encroachment of a carport into the front yard setback would not otherwise be permitted, carports may be permitted within the front yard setback following the approval of a "special exception" by the board of adjustment per the procedure outlined in Division 18-2-1 of this code, provided that no such carport shall be permitted closer than twelve (12) feet in distance from the face of the curb or the edge of the pavement, closer than one foot from any public sidewalk, or within a sight visibility triangle.

(c)

Under no circumstances shall any carport used in conjunction with a single-family dwelling or two-family dwelling exceed thirty (30) feet in width, nor extend into the front yard more than thirty (30) feet beyond the face of the dwelling. All measurements shall be from eaves line to eaves line. No more than one carport shall be permitted within the front yard for each dwelling unit.

(d)

All carports which extend into the required front yard setback must abut the main structure and shall be permanently open on three (3) sides from the grade surface to the eaves line, with a maximum of four (4) support columns, with each having a maximum width of twelve (12) inches, or six (6) support columns/posts, with each having a maximum width of eight (8) inches.

(e)

All carports shall, as closely as is practical, have an architectural design that harmonizes with the main structure in color, material and general appearance. Carports shall be constructed in accordance with the requirements of the International Residential Code as adopted by the City of Lawton, with either wood or steel framing and support posts. Carports shall be constructed with a gable or single pitched roof, with roofing materials and colors matching the main structure, except that factory painted panel metal roofing is allowed. If an application for a building permit is denied for failure to meet the above architectural design standards, the applicant may appeal said denial to the building materials review committee as established in Section 18-4-1-406 of this code.

(f)

The maximum height of any carport shall be twenty-four (24) feet or the height of the main structure, whichever is less.

(g)

Carports must be anchored to the ground with minimum twelve (12) inch diameter concrete footings set a minimum of twenty-four (24) inches into the ground, and able to withstand a minimum of twenty (20) pounds per square foot of uplift pressure.

(h)

The parking area beneath the carport and any driveway approach thereto must meet the requirements set forth in Division 18-8-1 of this code.

(i)

Prior to being issued a permit for a carport which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct a carport beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owners' obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(2)

Fences or Walls. Fences or walls located within any setback area for all structures shall be permitted subject to the following requirements:

(a)

All fences or walls shall be constructed, erected or installed to conform with applicable zoning and building regulations. A building permit shall be required for the following:

(i)

construction of a new fence or wall;

(ii)

modification or reconstruction of an existing fence or wall wherein such modification or reconstruction will include the placement of additional posts, the replacement of existing posts other than in the same location, or the performance of any new excavation greater than six (6) inches below the existing ground surface; or

(iii)

modification or reconstruction of an existing fence or wall located within a drainage easement or crossing any drainage facility.

(b)

Building permits, if required, shall be obtained prior to any construction activity.

(c)

Except as required above, a building permit shall not be required to replace portions of an existing fence or wall.

(d)

Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declarations of covenants and restrictions relating to architectural controls, deed restrictions, or platted setback lines which may further limit the construction of a fence on a parcel.

(e)

The fence or wall extending beyond the front building limit line shall not exceed four (4) feet in height, except when located in the P-F Public Facilities District, any of the Industrial Districts, or when located with a public facility located on property owned by Lawton Public Schools, when the following conditions are met:

i.

The fence shall not be taller than six (6) feet;

ii.

The fence shall be constructed of a decorative, open wrought iron, aluminum fence or similar material; a vinyl-coated chain-link fence would satisfy this requirement, as approved by the director of planning;

iii.

A minimum of one hundred percent (100%) of the fence shall be non-opaque on all portions of the fence greater than four (4) feet tall, such that it does not obstruct the view from the street;

iv.

Posts or pilasters, consisting of masonry, brick, or other solid material, not exceeding eighteen (18) square inches and six (6) feet tall, may be used to support a wrought iron or decorative fence as described in this section, with a minimum distance between posts or pilasters of six (6) feet.

(f)

The fence or wall shall not be located within a sight triangle.

(g)

Barbed, hog or chicken wire, or single or multi-strand fences shall not be allowed in any yard adjacent to a structure, except as provided in Section 6-182 of Chapter 6 of this code.

(h)

No fence extending beyond any side or rear building limit line of any structure may be more than eight (8) feet in height above the elevation of the ground at the base of the fence or eight (8) feet above the ground elevation at the base of the house, whichever is higher. In no case may the fence be more than ten (10) feet above the elevation of the ground measured at the base of the fence.

(i)

Where security or privacy requires a height in excess of the above, it may be authorized by the planning commission as a use permitted on review in accordance with the provisions contained in Section 18-113 of this code.

(j)

Fences or walls used in conjunction with single-family or two-family dwellings, located on local streets as defined by the subdivision regulations or the long range transportation plan and having a right-of-way in excess of sixty (60) feet shall be permitted to extend into the setback area and into the public right-of-way. However, no such fence or wall shall be closer than eleven and one-half (11½) feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such fence or wall interfere with existing sidewalk, sight triangle or fire hydrants. This provision does not give a land-owner any legal right or property interest to the right-of-way, and the city shall be held harmless with respect to any further use of the right-of-way by the city or a utility company.

(k)

Fences or walls with or without hedge or similar natural vegetation shall not cause a view obstruction for any private driveway.

(3)

Covered porch. A covered porch is defined as a permanent roofed structure or a portion of the main structure that is open on at least one side. Covered porches are permitted to be constructed with or added to a residential structure subject to the following conditions and requirements:

(a)

All covered porches shall comply with the front, side and rear yard setback requirements of Chapter 18, except wherever a covered porch is left open on three sides, from the grade surface to the eave line, then that covered porch may extend a maximum distance of ten (10) feet into the required front yard setback and also, when located on a corner lot, into the street facing side yard setback.

(b)

All covered porches shall have an architectural design that harmonizes with the main structure in material and appearance. Covered porches shall match the roof pitch and roofing materials of said structure. Metal structures shall not be permitted in the front yard, except that when the main structure has a metal roof then a covered porch may also employ the same roofing material. If an application for a building permit is denied for failure to meet the above architectural design standards, the applicant may appeal said denial to the building materials review committee as established in Section 18-4-1-406 of this Code.

(c)

The maximum height of any covered porch shall be twenty-four (24) feet or the height of the main structure, whichever is less.

(d)

Covered porches must be anchored to the ground with minimum twelve (12) inch diameter concrete footings set a minimum of twenty-four (24) inches into the ground, and able to withstand a minimum of twenty (20) pounds per square foot of uplift pressure.

(e)

Prior to being issued a permit for a covered porch which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct a covered porch beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owner from their obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(f)

Where security or privacy requires a height in excess of the above, it may be authorized by the planning commission as a use permitted on review in accordance with the provisions contained in Section 18-113 of this code.

(g)

Fences or walls used in conjunction with single-family or two-family dwellings, located on local streets as defined by the subdivision regulations or the long range transportation plan and having a right-of-way in excess of sixty (60) feet shall be permitted to extend into the setback area and into the public right-of-way. However, no such fence or wall shall be closer than eleven and one-half (11 ½) feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such fence or wall interfere with existing sidewalk, sight triangle or fire hydrants. This provision does not give a land-owner any legal right or property interest to the right-of-way, and the city shall be held harmless with respect to any further use of the right-of-way by the city or a utility company.

(h)

Fences or walls with or without hedge or similar natural vegetation shall not cause a view obstruction for any private driveway.

9.

Zero Lot Line Development.

a.

As an exception to the interior side yard setbacks for detached single-family structures within those districts in which single-family dwellings are permitted uses, the planning commission may permit side yard setbacks of less than five (5) feet on the interior lot lines for single-family dwellings using the following criteria for approval:

(1)

A developer shall submit a development plan for all lots which are proposed for zero setback and shall include all adjacent lots in order to insure adequate spacing between buildings.

(2)

Where a setback line of less than five (5) feet is authorized on one side of the dwelling, there shall be a setback on the other side of not less than ten (10) feet from an interior lot line and not less than twenty (20) feet from a corner lot line. No structural encroachments shall be permitted into these required setbacks.

(3)

Where a setback of less than five (5) feet is approved, the owner of the adjacent lot shall grant a private five (5) foot maintenance and overhang easement to the owner of the abutting lot.

(4)

Construction shall be such that roof drainage shall be discharged onto the same lot on which the dwelling is constructed.

(5)

When applying for a reduced lot line permit, the builder must present plats or deeds with restrictions that reflect the above conditions.

(6)

Single-family dwelling units applying for a reduced lot line permit shall not cover more than fifty percent (50%) of the lot area.

b.

As an exception to the interior side yard setbacks for attached (common wall) residential structures established for those districts in which such structures are permitted uses, the planning commission may, by using "use permitted on review" procedures, permit side yard setbacks of less than five (5) feet on interior lines using the criteria as established by the planning commission. All attached (common wall) construction shall meet the fire code, chapter 11, and the building code, Chapter 6, of this code and be constructed concurrently by one builder under one building permit.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 11-43, § 2, 9-13-2011; Ord. No. 13-10, § 1, 3-12-2013; Ord. No. 15-24, § 2, 9-8-2015; Ord. No. 17-24, § 1, 8-8-2017; Ord. No. 18-19, § 1, 6-26-2018; Ord. No. 20-25, § 1, 11-24-2020; Ord. No. 24-045, § 1, 6-25-2024)

Encroachments upon a public easement, regardless of the easement's specified purpose, shall be prohibited except as authorized in Chapter 20.

(Ord. 2007-07, Amended, 02/13/2007; 2005-99, Amended, 01/12/2006)

A.

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter:

1.

In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story;

2.

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit;

3.

Churches, schools, hospitals, sanitoriums and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semipublic structure exceeds the prescribed height limit; and

4.

Nothing in this chapter shall interfere with limitation on height of structures included in airport zoning regulations.

A.

It is the intent of the zoning code to require the use of high quality architectural treatments and materials on buildings constructed in all zoning districts other than industrial or agricultural. The architectural design standards stated in this section shall be applicable only to the construction of new buildings and additions to existing buildings submitted for building permits after the effective date of September 7, 2006. However, this requirement shall not be applicable to any structures located on property owned by the Lawton Public Schools. All buildings constructed prior to the effective date of this regulation shall not be required to meet the design standards except for any additions to those existing buildings.

B.

Quality architectural materials for buildings regulated by this section of the code shall be selected from the following list:

1.

Brick;

2.

Stucco;

3.

Glass;

4.

Rock/stone;

5.

Wood;

6.

Painted concrete block;

7.

Painted concrete panels;

8.

Specialty concrete block; or

9.

Other materials, including architectural metal panels with a durable finish, as approved by the building materials review committee.

C.

Any building to be located within a residential district or an established residential neighborhood with a gross floor area in excess of four hundred square feet (400 sf) shall have all four exterior finished walls constructed of approved materials.

D.

Any building to be located in any zoning district other than residential, industrial, or agricultural with a gross floor area in excess of four hundred square feet (400 sf) shall have those exterior finished walls facing the street(s) or abutting a residential district or any residential neighborhood constructed of approved materials.

E.

A single-story miniwarehouse complex may substitute a six-foot opaque screening fence constructed of approved materials for the approved material requirement for those exterior finished walls of the miniwarehouse structures facing the street(s) or abutting a residential district or any residential neighborhood. In addition, if the exterior finished walls of the miniwarehouse structures facing the street(s) or abutting a residential district or any residential neighborhood are constructed of approved materials, then the opaque screening fence shall not be required. Access gates to the complex may be constructed of another material such as wrought iron or steel. Such fencing and the required access must also be approved by the fire marshal.

F.

Details, specifications, and views of the proposed general architectural appearance and general motif of the structure(s) to include exterior finishes, treatments, materials, roofs, mansards, doorways and windows of all structure(s) and number of floors of structure(s) must be included in the building plans submitted for the building permit application. However, presubmission of materials to be used for the exterior finished walls may be submitted for preapproval prior to the building permit process.

G.

If the director of planning denies a building permit application for failure to meet the architectural standards established in this section, the applicant may appeal the decision to the building materials review committee. The applicant shall pay the fee as set forth in Appendix A, Schedules of Fees and Charges. This committee shall be composed of one member of the city council, one member of the city planning commission, and one member from the public who is a general contractor or otherwise involved in the building industry. This committee shall be appointed by the mayor, confirmed by the council, and shall serve three-year terms for the purposes of hearing such appeals and reviewing and approving building materials that may meet the requirements of this section. The building materials review committee shall review the appeal within fourteen (14) days and make a decision. However, if the committee is unable to meet within this time period, the appeal shall be placed upon the next meeting of the city planning commission for disposition. Additionally, if the building materials review committee denies an appeal, the applicant may further appeal the decision to the city planning commission for final disposition. The applicant shall pay the fee as set forth in Appendix A, Schedule of Fees and Charges.

(95-08, Repealed, 02/14/1995)

(Ord. 2006-52, Amended, 09/07/2006)

(Ord. No. 23-41, § 1, 9-26-2023)

A.

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory. Accessory buildings with gross floor areas in excess of one hundred fifty square feet (150 sf), exclusive of any structures located on property owned by the Lawton Public Schools, and all fences located in any residential district or residential subdivision shall be constructed of approved materials as specified in Section 18-4-1-406 of this code. Cyclone wire and wrought iron may also be used as fence materials.

B.

The maximum height for an unattached accessory building located in a residential district is one story.

(Ord. 2006-52, Amended, 09/07/2006)

A.

Any person who violates or refuses to comply with any of the provisions of this chapter shall be fined as provided for in this code. Each day that a violation is permitted to exist shall constitute a separate offense.

B.

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

C.

Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

A.

No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the building official, stating that the proposed use of the building or land conforms to the requirements of this chapter.

B.

No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter; however, upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this chapter.

C.

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance; and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

D.

The building official shall maintain a record of all certificates of zoning compliance.

E.

A certificate of zoning compliance authorizes only the use, arrangement and construction set forth in approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.

(2000-30, Amended, 09/12/2000)

A.

Satellite television antenna or dish antenna shall meet the requirements as listed below. For the purpose of this section, a satellite television antenna or dish antenna shall mean a reflecting disc or dish antenna two feet in diameter or more or similar device used for the transmission or reception of electromagnetic waves from orbiting satellites and other extraterrestrial sources. These requirements shall not apply to antennas which are temporarily installed for demonstration or test purposes for a period not to exceed seven days in any one location.

B.

Any satellite television antenna or dish in any R-1, R-2, R-3 or R-4 district shall be located on the rear half of the lot, shall be at least five feet from any rear or side property lines, and, in the case of a corner lot, shall not project beyond the required front or side setback line. In no case shall the satellite television antenna exceed twenty (20) feet in height measured vertically from the mean ground level to the highest point on the antenna when positioned for operation. The antenna shall be mounted on a suitable foundation and properly anchored to withstand wind pressure of ten (10) pounds per square foot.

C.

Any satellite television antenna or dish in the other zoning districts not listed in Subsection B above shall meet the following requirements: The satellite television antenna or dish shall not exceed thirty (30) feet in height measured vertically from the ground or roof structure on which it is located nor be located beyond the building limit lines for the district in which it is located. The antenna shall be mounted on a suitable foundation and properly anchored to withstand wind pressure of ten (10) pounds per square foot.

A.

The home occupation shall be conducted entirely within the main or pre-existing accessory building, which accessory building has existed for at least one (1) year prior to submission of home occupation application.

B.

Home occupations shall be conducted by household members living on the premises. One (1) additional person who is not a resident of the property may be employed on site.

C.

Merchandise, storage of materials, goods, supplies, or equipment used in the home occupation shall not be visible from the street or adjacent property.

D.

Structures on the property used for the home occupation shall not be altered externally in a manner that will detract from the residential character of the neighborhood;

E.

No equipment or processing shall be used in such home occupation which would change the fire rating, create vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of adjacent property owners. In the case of electrical interference, no equipment or processing shall be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuation in line voltage off the premises;

F.

No traffic shall be generated by such home occupation in greater volumes than would normally be associated with a single family residence;

G.

Group instructions of not more than eight (8) persons are permitted in the registered home by prior invitation or appointment. Group instruction shall not include persons in the registered home for a direct sales meeting or gathering;

H.

No stock in trade shall be displayed or sold to members of the general public in the registered home. Members of the general public shall not include persons in the registered home by prior invitation or appointment;

I.

Home occupations shall not exceed twenty-five percent (25%) of the livable portion of the dwelling;

J.

One (1) nonilluminated sign designating the home occupation or home occupations not more than two (2) square feet in area attached to the main or accessory building is permitted;

K.

The following uses by nature of the investment or operation have a tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impact the residential character of the neighborhood. Therefore, the uses specified below shall be prohibited as home occupations:

1.

Automobile repair;

2.

Metal shop;

3.

Carpentry shop;

4.

Painting vehicles, trailers, boats, or other machinery and equipment;

5.

Restaurant, tea room, or other eating establishments;

6.

Rest home, convalescent home;

7.

Animal hospital, kennel, obedience/training school, pet grooming;

8.

Funeral home, mortuary;

9.

Contractor's yard;

10.

Professional or business offices with two (2) or more employees on site, which employees reside off the premises of the home occupation;

11.

Massage parlor, tanning salon;

12.

Bed and breakfast establishments.

L.

Customary home occupations include, but are not limited to, the following list. Provided however, that the following home occupations are permitted subject to home occupation registration:

1.

Instruction, group assembly limited to not more than eight (8) persons at one time, such as, artists, authors, dance, music and other similar activities. Group assembly shall not include persons in the registered home for a group sales meeting or gathering;

2.

Home crafted items such as woodcrafts, model making, rug weaving, catering or preparation of food for resale off premises;

3.

Professional or business offices with one (1) employee who works on site, which employee resides off the premises of the home occupation;

4.

Personal service providers such as dressmaker, seamstress or tailor, single chair beauty shop or barber shop, manicurist;

5.

Delivery of merchandise, materials, and other goods and services is limited to vehicles normally associated with the residential neighborhood. Such deliveries shall not restrict traffic circulation;

6.

Services which would require the on site storage of chemicals shall be in compliance with the Oklahoma Hazardous Communications Standards;

7.

Home digital asset mining that consumes one (1) megawatt or less of energy for the purpose of securing a blockchain protocol. Persons engaging in home digital asset mining shall comply with all local noise ordinances and codes adopted by the city. Home digital asset mining operations shall be subject to an annual inspection by the Fire Marshal's office and the applicant must provide written clearance from the local electrical provider that sufficient infrastructure is in place to safely support this use at their specific location with sufficient reserves for future development of adjacent properties.

M.

The issuance of registration to conduct home occupation business is not intended or shall not be construed to supersede any plat restrictions on file with the county clerk of Comanche County.

(Ord. No. 24-059, § 1, 9-10-2024)

A.

Helistops shall be considered an accessory use for commercial and industrial activities and shall be allowed as a use permitted on review in all zoning districts with the exception of the R-1, R-2, R-3, and R-4 districts. Requests for helistops shall be processed in accordance with Section 18-1-1-113.

B.

Helistops must meet the following provisions:

1.

Federal Aviation Administration rules and regulations must be complied with and a copy of the approved Federal Aviation Administration permit must be submitted with the application for use permitted on review.

2.

Fueling or servicing facilities are not permitted.

3.

Helistops shall not adversely affect the use of adjacent properties.

4.

All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent properties.

(Ord. 2003-03, Add, 02/14/2003)

A.

Conversion of residential structures to professional, administrative, or governmental offices shall meet the following requirements:

1.

Existing residential structures may be converted to professional, administrative, or governmental offices in the P-O Professional Office District or C-1 Local Commercial District with the approval of a use permitted on review by the planning commission. The use permitted on review procedure is set out in Section 18-1-1-113 of this code.

2.

Conversion of a residential structure to professional, administrative, or governmental office as a use permitted on review shall be subject to the following:

a.

The applicant must demonstrate the existing structure is structurally suitable for conversion to a professional, administrative, or governmental office and will maintain its residential architectural character.

b.

The applicant must provide information documenting any proposed structural modifications to the residential structure.

c.

The applicant must submit a site plan showing all items required in Section 18-1-1-113 and the location of all sidewalks and ADA compliant ramps if required.

3.

The planning commission may only approve conversion of a residential structure to professional, administrative, or governmental office as a use permitted on review at a public hearing subject to a binding site plan which will establish setbacks, number of off-street parking spaces, landscaping, and screening requirements, and any other requirements necessary for the protection of any adjacent residential property or district.

4.

Any modifications to the approved site plan shall require approval by the planning commission.

5.

The site plan requirements approved by the planning commission are in addition to any other applicable building code requirements accompanying the building permit process.

6.

No occupancy shall occur in the converted office structure until all applicable building code requirements are met and a certificate of occupancy has been issued.

(Ord. 2006-01, Add, 02/10/2006)

(Ord. No. 24-074, § 2, 11-5-2024)

Surfaced walkways are a required improvement in some zoning districts for the protection of pedestrian traffic. See Section 6-1-5-185 of this code for specific district requirements and Section 21-6-606 of this code for requirements on land to be subdivided.

(Ord. 2006-12, Add, 06/09/2006)

A.

To enhance, protect and promote the economic and aesthetic environment of the City of Lawton, and provide for the prosperity, comfort and enjoyment of its citizens, landscaping, particularly plant materials, shall be required within R-3 (Multiple-Family Dwelling District), R-4 (High Density Apartment District), P-O (Professional Office District), P-F (Public Facilities District), C-1 (Local Commercial District), C-2 (Planned Neighborhood Shopping Center District), C-3 (Planned Community Shopping Center District), C-4 (Tourist Commercial District), C-5 (General Commercial District), CBD (Central Business District), and along with the construction or expansion of new private schools and churches in any zoning district except industrial districts, or as may otherwise be required within any other zoning district. See Section 6-1-5-186 of this code for the specific requirements for compliance hereto. Areas within the Downtown Lawton Overlay District as described in Article 18-12 shall adhere to the requirement specifically listed therein.

B.

Whenever a P-O (Professional Office District), P-F (Public Facilities District), C-1 (Local Commercial District), C-2 (Planned Neighborhood Shopping Center District), C-3 (Planned Community Shopping Center District), C-4 (Tourist Commercial District), C-5 (General Commercial District), or CBD (Central Business District) is adjacent to R-1 (Single-Family Dwelling District) or R-2 (Two-Family Dwelling District) or a single-family or two-family residential use, there shall be a screening requirement consisting of a combination of an opaque ornamental fence or wall not less than six (6) feet nor more than eight (8) feet high and a tree buffer. See Section 6-1-5-186 of this code for the specific requirements of said tree buffer. The use of chainlink fencing with vinyl or metal inserts is prohibited.

C.

Whenever a P-O (Professional Office District), P-F (Public Facilities District), C-1 (Local Commercial District), C-2 (Planned Neighborhood Shopping Center District), C-3 (Planned Community Shopping Center District), C-4 (Tourist Commercial District), C-5 (General Commercial District), or CBD (Central Business District) is adjacent to R-3 (Multiple-Family Dwelling District) or R-4 (High Density Apartment District) or a multi-family residential use, there shall be screening by an opaque ornamental fence or wall not less than six (6) feet nor more than eight (8) feet high located on the property line adjacent to the multi-family district or use. The use of chainlink fencing with vinyl or metal inserts is prohibited.

D.

Screening fences or walls as required in this section shall not display advertising or signs thereon.

E.

All landscaping and screening shall be well maintained year-round.

(Ord. No. 11-53, § 4, 11-29-2011; Ord. No. 15-25, § 1, 9-8-2015)

Editor's note— Ord. No. 15-25, § 1, adopted Sept. 8, 2015, amended § 18-4-1-415 in its entirety to read as herein set out. Said section was formerly titled "Landscaping."

Site and parking lot lighting when provided shall meet the requirements of Section 6-1-5-187 of this Code.

(Ord. No. 11-53, § 5, 11-29-2011)

Refuse facilities when provided shall meet the requirements of Section 6-1-5-188 of this Code.

(Ord. No. 11-53, § 6, 11-29-2011)

A.

A townhouse is defined as a building on its own separate lot containing one single-family dwelling unit that occupies space from the ground to the roof and may be attached to no more than nine (9) other townhouse dwelling units with each unit having a front and rear entrance, a private outdoor area, and access to common open space. A townhouse development shall include townhouse dwelling units; private yards; common open space; required parking spaces; public streets, private streets, or private drives; and public or private infrastructure improvements.

B.

Townhouse developments shall meet the following requirements:

1.

Townhouses are allowed in R-1 Single-Family Dwelling District, R-2 Two-Family Dwelling District, R-3 Multiple-Family Dwelling District, and R-4 High Density Apartment District zoning districts with the approval of a use permitted on review by the planning commission. The use permitted on review procedure is set out in Section 18-1-1-113 of this code.

2.

Setback requirements.

a.

Front yard.

1)

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2)

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3)

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six (6) feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet;

4)

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

5)

If the townhouse lot does not abut a public street, the front yard setback shall be established by the planning commission with the approval of the use permitted on review.

b.

Side and rear yard. There is no specific side or rear yard requirement except for each separate townhouse structure there shall be a minimum of not less than ten (10) feet between buildings.

c.

Boundary. There shall be a twenty-five-foot building setback applied to the exterior boundary of the townhouse development.

3.

Lot width. The acceptable minimum lot width for townhouses shall be determined by the planning commission upon review of the project design during the use permitted on review process. The lot shall not be required to abut a private or public street.

4.

Coverage.

a.

Townhouses and accessory buildings shall not cover more than eighty percent (80%) of an interior or an exterior lot.

b.

There shall be a private yard or private patio or combination thereof of a size not less than twenty percent (20%) of the lot area.

c.

Accessory buildings shall not cover more than ten percent (10%) of the private yard.

d.

An extension of the second or above floors may be permitted if total lot coverage is not exceeded.

e.

Required coverage requirements may be modified with the approval of the planning commission providing that any reduction in yard area shall be accompanied by a similar increase in the active recreation area provided for the development.

5.

Intensity of use. Townhouse developments shall not exceed the following number of units per gross acre:

6.

Open space.

a.

Each townhouse lot shall have access to the required open space, which open space shall be the size of the gross residential acreage of the development minus the acreage designated as private townhouse lots and public and private streets, drives and parking areas. Open space shall provide for the functional requirements such as utility corridors and drainageways, natural areas undisturbed by the development, and active recreation open space. The open space shall be perpetually maintained by an appropriate entity or owned in common by all of the owners of townhouses included in the particular structure containing the townhouses for which the open space is required to be provided. The bylaws, plat restrictions and/or articles of agreement shall preclude selling any part, parts or the whole of the open space so designated on the record plat and shall identify the entity responsible for maintenance of the common open space. The bylaws, plat restrictions and/or articles of agreement shall be submitted to the city for review.

b.

The active recreation portion of the open space shall be a minimum of five thousand (5,000) square feet for up to and including twenty (20) lots and four hundred (400) square feet for each additional lot thereafter. To be suitable for active recreation, the dimension of the smallest side of the open space should be not less than half the dimension of the largest side; however, the planning commission may approve a deviation from this standard if it can be shown that special features or improvements are to be included with the active recreation space such that it meets the intent of this section.

c.

Only that area within a stormwater detention basin that does not flood by more than two (2) feet during a twenty-five-year storm event, having side slopes no steeper than four to one (4:1) and otherwise meeting the requirement stated above, may be applied toward the active recreation open space requirement. The surface of the active recreation area shall be turf or other suitable surface.

7.

Height restrictions. The following table provides the maximum height allowed for each of the residential zoning districts except as provided in Section 18-4-1-405 of this code:

8.

Infrastructure improvements. Townhouse developments may have public or private infrastructure improvements, i.e., streets, water, sewer, and drainage. A public street is defined as a street that is built to city standards and accepted by the city for maintenance responsibility. A private street is defined as a street that is built to city standards but owned and maintained by the owners of the townhouse development that it serves. A private drive is defined as a driveway that is built to parking lot standards and maintained by the owners of the townhouse development that it serves. Private drives shall not be named. If private streets or private drives are included in the townhouse development, there shall be a sign posted at all entrances identifying them as private streets or private drives and stating the streets or drives are not maintained by the public. The sign shall be two (2) square feet in size.

9.

Parking. Parking spaces shall be provided in accordance with Article 18-8 of this code. Required parking spaces shall be located in convenient proximity to the dwelling unit served. Convenient proximity shall not exceed one hundred fifty (150) feet.

10.

Addressing. For townhouse developments with public streets or private streets built to city standards, the lots will be addressed from the public or private street according to the city's addressing policy. For townhouse development with private drives not built to city standards, the development will be addressed from the nearest public or private street and each townhouse lot will be assigned a number (i.e., Unit 1, Unit 2, etc.). There shall be a sign posted at each entrance with a map depicting the layout of the townhouse development identifying the individual lots by unit number. The sign shall be at least eight (8) square feet but no more than twelve (12) square feet in size.

(Ord. No. 12-07, § 1, 2-28-2012; Ord. No. 21-15, § 2, 7-13-2021)

The PUD overlay zoning district is a development of unified design for housing, commercial, industrial and institutional uses in a combination of densities and varieties of functions. It is generally intended that a single developer be responsible for improvements and construction. Because of this, there is a need to integrate certain subdivision and zoning requirements. By using this concept, it is believed that the following can be accomplished at a minimum cost to homeowners;

1.

A maximum choice in the type of environment and living units available to the public;

2.

Increased and more fully developed open and recreation space;

3.

Preservation of natural topography and vegetation, thereby preventing soil erosion;

4.

Efficient use of the land, resulting in smaller networks of utilities;

5.

Development which is compatible and even complementary to the surrounding environment;

6.

Utilization of flood-prone areas; and

7.

Use of innovative urban design.

A.

Subject to the size limitation in the following sections, property and buildings in a PUD district may be used as follows:

1.

Open and recreation space;

2.

All types of detached single-family residential dwellings. Figure 15, adopted as part of Ordinance No. 82-1 and incorporated herein by reference, shows example of acceptable cluster arrangements.

3.

Duplexes;

4.

Low- and high-rise multiple-family housing;

5.

Townhouses;

6.

Commercial use in PUDs exceeding thirty (30) acres in area in accordance with Section 18-591 and 18-592 of this code, "Uses Permitted" and "Uses Permitted on Review," as approved in C-2;

7.

Very light fabricating, processing, repair or manufacturing, provided the activity and all storage of materials and equipment is completely enclosed in buildings; and

8.

Churches, schools and other public facility zoning uses.

A.

No setbacks or coverage requirement shall be required except as follows:

1.

Residential setbacks from streets within the PUD shall be determined by a line established by the developer. Structures along this street may vary from this line no more than a number determined by taking twenty percent (20%) of the distance from the street curb to the established line. (Example: The developer establishes the line at fifteen (15) feet from the curb. Buildings along that street may vary no more than three feet (twenty percent (20%) of fifteen (15) feet) from that line.) In no case shall the setback from the curb be less than six feet;

2.

Commercial structures shall be set back not less than sixty-eight (68) feet from the curb in front;

3.

Setbacks from the outermost boundary of the PUD shall be equal to the height of the building, provided that no building in excess of two stories may be located closer than one hundred (100) feet to the outermost boundary of the PUD;

4.

Structures may not encroach on utility easements; and

5.

Separation between buildings and lot coverage within the PUD shall be determined by the city's building code.

Building height shall be as determined for each building type in the other zoning districts' regulations.

A.

Density rules are as follows:

1.

For cluster developments, the number of dwellings in the development shall not exceed seven units per gross acre. The lot size for each dwelling unit is established by the developer. Areas remaining after dedications (Section 18-434) and platted lots shall be open space to be preserved and maintained for its scenic value, for recreational or conservation purposes, or for homeowners associations' recreational buildings; and

2.

Except for cluster arrangements, residential density shall not exceed that established in the underlying zoning districts for the various types of residential uses. The lot size for each residential structure is established by the developer, providing that lot reduction to less than required by the underlying zoning district shall be compensated by an equivalent amount in open space to be preserved and maintained for its scenic value, for recreational or conservation purposes, or for homeowners associations' recreational buildings. The net residential area of the PUD shall contain space to meet the requirements which are outlined as follows:

Commercial and industrial uses, where allowed, shall not exceed six and one-quarter percent (6 ¼%) each of the area. Areas used for commercial and industrial uses shall conform to all requirements of the underlying zoning district and Section 18-421 of this code.

Cumulative zoning uses shall not extend to a PUD.

Permitted uses and approved uses permitted on review in underlying residential districts other than residential uses (e.g. schools, churches, parking lots, professional offices, etc.) shall conform to the setback, lot width, intensity, use, coverage, open space and height restriction standards of the underlying zoning district.

The minimum (acres of residential) area necessary for a PUD shall be determined by the uses within the PUD as follows:

A.

Design standards are as follows:

1.

Private local residential streets may be permitted in a Planned Unit Development (PUD) but must be constructed to the minimum design standard for public dedication and verified through inspection. Private streets shall be contained within private roadway easements unless utilities are installed in combination with the development of streets. All utilities shall be placed in publicly dedicated easements.

2.

Minimum paving widths of local residential streets may be twenty-one (21) feet back of curb to back of curb, provided parking on the street is not allowed. Restrictive covenants must be filed to provide enforcement of the no-parking area, with the city designated as a party at interest therein.

3.

In exchange for reduced paving widths, pedestrian walkways shall be required in accordance with Section 18-431 of this article.

4.

Controlled access in form of a gate or other barrier may be authorized when private streets are provided; however, access by emergency vehicles, state, federal, county or municipal vehicles on official business shall be assured at all time. Placement of security gate or other barrier shall not encroach onto the city's right-of-way and shall be incorporated within the privately maintained roadway easement.

Parking for the various uses within the PUD shall be as determined by Article 8 of this Chapter, Sections 18-801 et seq., and "Standards and Criteria for Curb Openings, Driveways and Off-Street Parking and Loading"; provided that where front yard setbacks, street widths or building limit line frontages are reduced, each single-family detached and duplex unit must be provided with three parking spaces outside of the street curbs.

A.

Pedestrian walkways shall be required on both sides of reduced width streets in accordance with 21-606 of this code, provided that:

1.

Walkway width may be reduced to three feet; and

2.

The walkway in street right-of-way may be contiguous to the property line.

B.

The LMAPC may waive the requirement of Subsection A above if an interior network of walkways among individual clusters provides the equivalent access as though they were placed along the streets.

A.

Construction standards shall be as follows:

1.

Building standards shall be the same as all buildings within the city; and

2.

Subdivision improvement standards shall be as determined by the subdivision regulations.

A.

Since the PUD consists of both subdivision and zoning actions, a certain coordination of administration is necessary. The procedure shall be as follows:

1.

Development sketch in accordance with Section 21-303 of this code;

2.

Rezoning in accordance with Section 18-114. The zoning application shall include the development sketch, which shall be a binding part of the rezoning ordinance. No substantial changes to the development sketch, such changes to include an increase in density, shall be allowed except by amendment of the rezoning ordinance;

3.

Construction plat in accordance with Section 21-304 of this code;

4.

Record plat in accordance with Section 21-305 of this code; and

5.

Building permits issued in accordance with Section 6-107 of this code.

A.

Dedications shall be as follows:

1.

The city shall not be required to accept dedications above those required under conventional subdivision procedures;

2.

The city shall not accept dedication of any improvements which do not meet all city standards except as specifically provided in this division;

3.

The developer shall provide dedications as necessary for paved streets, parallel pedestrian walkways and drainage utilities, provided:

a.

In no case shall the right-of-way line be closer than six feet to the back of curb where no utilities exist; and

b.

In no case shall the right-of-way line be closer than ten (10) feet to the back of curb where utilities do exist;

4.

The city may accept open space in excess of the park requirement provided all open space to be dedicated is properly improved with grading, sprigging and access. Any such excess park land dedication must be reviewed by both the park board and the LMAPC before being considered by the council; or

5.

The city may accept required detention structures provided the city engineer approves the structures as a properly constructed dry basin type of detention structure.

1.

It is the developer's responsibility to provide for continued maintenance of all improvements and open space not dedicated to and accepted by the city. This shall include enforcement of no-parking areas established under Section 18-429 A2 of this code. A homeowners association shall be an acceptable method to accomplish this. The city shall be given authority to enforce proper maintenance and to have recourse individually and severally to the owners of property in the PUD for costs incurred in achieving proper maintenance. The city attorney shall approve of the methods and instruments used to provide for continued maintenance.

2.

Private streets shall be maintained by the owners of the property within the PUD and proper notice given to the public that streets contained within the PUD are privately maintained. Proper notice shall include the following minimum requirements:

a.

The record plat of the addition shall be clearly emblemized on its face, in a conspicuous manner, that the streets and drives have not been dedicated to the public and that the streets shall be maintained by the private property owners within the subdivision. Said street and drive ownership shall not be in the form of individual owners but shall be an association of owners organized under the Unit Ownership Estate Act of the State of Oklahoma (Title 60, O.S., 1991, Sec. 501 et seq.). This statement shall additionally provide that the subject private streets shall always be open to emergency medical vehicles, police, fire and other official vehicles of all state, federal, county or municipal agencies.

b.

Every deed or other legal instrument of conveyance of property within the subdivision shall clearly acknowledge that the streets are private and not maintained by the City of Lawton and prior to the sale of any parcel of land in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: "Private streets not maintained by the City of Lawton."

A.

The simple planned unit development (SPUD) is an overlay zoning district that provides an alternate approach to the conventional land use controls and to a planned unit development (PUD) to maximize the unique physical features of a particular site and produce unique, creative, progressive, and/or quality land developments.

B.

The purpose of the SPUD is to:

1.

Encourage efficient, innovative use of land in the placement and/or clustering of buildings in a development and protect the health, safety, and welfare of the community.

2.

Contribute to the revitalization and/or redevelopment of areas where decline of any type has occurred.

3.

Promote infill development that is compatible and harmonious with adjacent uses and could not otherwise be physically redeveloped under conventional zoning.

4.

Maintain consistency with the zoning code and other applicable plans, policies, standards, and regulations.

C.

Approval of a SPUD overlay adopts the development plan prepared by the applicant and reviewed as a part of the application. The SPUD establishes new and specific requirements for the amount and type of land uses, residential densities, if appropriate, development regulations and location of specific elements of the development, such as open space and screening. Height restrictions, uses permitted, uses permitted on review, and coverage will follow the regulations as set forth in the underlying zoning district.

(Ord. No. 20-18, § 1, 10-27-2020)

The uses within a SPUD must be uses permitted or uses permitted on review in the underlying zoning district. All uses listed as a use permitted on review in the underlying zoning district shall be required to be approved using the process established in Section 18-1-1-113 of this code.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

The basis for review and approval of an application for SPUD overlay district shall be the SPUD narrative and SPUD development plan map, which shall be adopted as part of the ordinance approving the SPUD overlay district.

B.

The SPUD development plan shall consist of two elements:

1.

SPUD narrative, and

2.

SPUD development plan map.

C.

The SPUD narrative and development plan map shall establish residential densities, if appropriate, as well as the amount, type, and general location of all land uses and shall serve as the basis for review and approval of all subdivision plats and building permits within the SPUD.

D.

The SPUD narrative and development plan map may be submitted on the same sheet of paper for review and approval.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

The applicant should be prepared to provide amenities and services that may not be required or possible under the zoning and subdivision codes. Review and approval of a SPUD is therefore a process of negotiation between the city and the applicant to achieve the intent and purpose of the comprehensive plan while maintaining/establishing compatible uses abutting one another. The following factors should be specifically included as review criteria for the evaluation of the application for SPUD:

1.

The proposed SPUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the most recently adopted land use plan and the land uses and zoning districts adjacent to said proposal.

2.

Density, land use, and intensity will be based on the SPUD narrative and development plan map and shall be in conformance with the most recently adopted land use plan.

3.

Location and type of housing shall be established in a general pattern and shown on the development plan map and outlined in the narrative as supporting documentation.

4.

Minimum design and construction standards for streets and alleys shall meet the requirements included in the subdivision regulations or other approved standards.

Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

The development plan map shall include the following:

1.

North arrow;

2.

All property lines;

3.

All adjacent street and alley rights-of-way;

4.

The centerline of each street and street names;

5.

The location of driveway approaches both on-site and across the street;

6.

Identification of the uses in the SPUD;

7.

Maximum height of all buildings;

8.

Maximum number of buildings;

9.

Designation of front, side, and rear of the lot(s) with setbacks (if any);

10.

Description of the sight-proof screening requirements;

11.

Description of all outdoor/exterior lighting to be regulated on site;

12.

Signage plan;

13.

Drainage/storm water management methods per Chapter 19A of this code;

14.

A description of the architecture of all buildings including exterior building materials;

15.

A statement indicating the percentage of open space for the site;

16.

A detail of the parking area; and

17.

The location of fences, gates and other security systems.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

Amenities. Amenities should be considered as an important justification for development and city approval of a SPUD. The applicant should be prepared to provide amenities and services that may not be required or possible in a conventional development such as additional landscaping, usable open space, fencing, limited curb cuts, limits of no access, sidewalks, trails, pedestrian ways, and minimal signage to provide a development compatible with adjacent developments and neighborhoods.

B.

Land Area. The land area allowed under a SPUD is five (5) acres or less in size. Developments greater than five (5) acres in size shall follow the PUD process in Article 18-4-2 of this chapter.

C.

Off-Street Parking, Loading, and Access. All uses should contain adequate parking on private property to provide parking, loading, and maneuvering of vehicles in accordance with Article 8 of this chapter. The applicant may request a parking variance within the SPUD narrative.

D.

Relationship to Abutting Uses. The development plan map should show graphically how the uses in the SPUD will be separated from abutting properties, including commitments for landscaping, screening, earthen berms or similar techniques. It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower density area.

E.

Common Access. The SPUD development plan should establish specific standards and locations for private common access driveways, both within the development and abutting arterial streets.

(Ord. No. 20-18, § 1, 10-27-2020)

The application procedures for the SPUD shall follow the procedure set out in Section 18-1-1-114 of this code.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

The proposed SPUD narrative and development plan map will be reviewed by the city prior to any public hearings being scheduled. Any changes that are required will be sent to the applicant and the applicant will resubmit once the changes have been addressed.

B.

Once the SPUD narrative or development plan map have been approved by staff, a public hearing will be scheduled with the city planning commission in accordance with Section 18-1-1-114 of this code. The city planning commission will recommend approval, approval with conditions or denial to city council.

C.

After the planning commission has held its public hearing and formulated a recommendation to the council, the secretary of the planning commission shall schedule a public hearing before the council. After holding a public hearing, the council may, by ordinance approve the SPUD narrative and development plan map.

(Ord. No. 20-18, § 1, 10-27-2020)

A.

The planning director shall be permitted to approve minor amendments and adjustments to the SPUD narrative or development plan map provided the following conditions are met:

1.

The project boundaries are not altered.

2.

Uses other than those permitted in the underlying zoning district are not added.

3.

The allocation of land to particular uses or the relationship of uses within the project is not substantially altered.

4.

The density of housing is not increased or decreased by more than twenty percent (20%).

5.

The land area allocated to non-residential uses is not increased or decreased by more than twenty percent (20%).

6.

Floor area, if prescribed, is not increased or decreased by more than twenty percent (20%).

7.

Floor area ratios, if prescribed, are not increased.

8.

Open space areas or ratios, if prescribed, are not decreased.

9.

Screening and fencing provided amendments shall not substantially alter the SPUD.

10.

Height restrictions, yard requirements, lot coverage restrictions, and other area, height, and bulk requirements prescribed in the SPUD are not altered by more than twenty percent (20%).

11.

The circulation system is not substantially altered in design, configuration, or location.

12.

The design and location of access points to the project are not substantially altered, either in design or capacity.

B.

The planning director shall determine if proposed amendments to an approved SPUD satisfy the above criteria. If the planning director finds that these criteria are not satisfied, an amended SPUD shall be submitted for full review and approval by the planning commission and the city council using the procedure established in Section 18-1-1-114.1 of this code.

(Ord. No. 20-18, § 1, 10-27-2020)