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Okmulgee City Zoning Code

CHAPTER 17

04 RESIDENTIAL DISTRICT PROVISIONS

17.04.010: PURPOSES:

The Residential Districts are designed to:
   A.   Achieve the residential objectives of the comprehensive plan.
   B.   Protect the character of residential areas by excluding nonharmonious commercial and industrial activities.
   C.   Achieve a suitable environment for families by permitting in residential areas appropriate neighborhood facilities, such as churches, schools, and certain cultural and recreational facilities if appropriate safeguards are present.
   D.   Preserve openness of living areas and avoid overcrowding by requiring minimum yards, open spaces, lot areas, and by limiting the bulk of structures.
   E.   Permit a variety of dwelling types and densities to meet the varying needs of families.
   F.   Control the density of residential development to facilitate the planning for an economical provision of streets, utilities, flood control, and other public facilities.
Residential Estate District: The RE District is designed to permit the development and conservation of single-family detached dwellings in a suitable environment for family life on large parcels of land at a low population density. It is the intent of this district to prohibit any other use that would substantially interfere with the stated purposes of this district, and discourage any use that generates traffic and creates congestion on neighborhood streets other than normal traffic serving the residents on those streets. All land in the R1 Zoning District under the 1964 Zoning Code which has a lot size of two and one- half (21/2) acres or more in a single lot shall be presumed to be RE under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title.
Residential Single-Family District: The RS Districts are designed to permit the development and conservation of single-family detached dwellings in suitable environments in a variety of densities to meet the varying requirements of families. All land in the R1 Zoning District under the 1964 Zoning Code which has a lot size of more than seven thousand one hundred fifty (7,150) square feet, shall be presumed to be RS-1 under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title. All other land in the R1 Zoning District under the 1964 Zoning Code shall be presumed to be RS-2 under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title.
RS-3 Districts: RS-3 Districts shall be generally intended for developments with common ownership or control that leases property with a smaller footprint while continuing to maintain common areas. Spot zoning to RS-3 shall be generally discouraged in areas of RS-1 and RS-2 developments where the intent is to split current lots into multiple RS-3 properties.
Residential Duplex District: The RD District is designed to permit a more intense yet compatible use of tracts in or near single-family detached residential and other neighborhoods which because of size, topography, or adjacent land use are not ideally suited for single-family use. RD Districts may also serve as a transitional buffer between less dense Residential Districts and nearby Industrial, Office, and Commercial Districts. All land in the R2 Zoning District under the 1964 Zoning Code shall be presumed to be RD under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title.
Residential Multiple-Family District: The RMF District is designed to permit the development and conservation of multi- family dwelling types, in suitable environments in a variety of densities to meet the varying requirements of families. All land in the R3A, R3B, R3C, or R3D Zoning Districts under the 1964 Zoning Code shall be presumed to be RMF under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title.
Residential Manufactured Home Park District: The RMH District is designed to permit manufactured home living as a residential use yet requiring regulation to ensure a suitable living environment. All land in the R4 Zoning District under the 1964 Zoning Code shall be presumed to be RMH under this title unless an application for a zoning change is filed within ninety (90) days of the passage of this title. (Ord. 2128, 2019: Ord. 1953, 2010)

17.04.020: PRINCIPAL USES:

The principal uses permitted in the Residential Districts are designated by use unit. The use units are groupings of individual uses and are fully described, including their respective off street parking, loading, and screening requirements and other use conditions in chapter 11 of this title. The use units permitted in Residential Districts are set forth in table 1 of this section.
TABLE 1
USE UNITS PERMITTED IN RESIDENTIAL DISTRICTS
 
Key:
X
Use by right
 
SU
Special use
 
Name Of Use Unit
District
RE
RS
RD
RMF
RMH
Name Of Use Unit
District
RE
RS
RD
RMF
RMH
Area wide uses by right
X
X
X
X
X
Community services and similar uses
SU
SU
SU
SU
SU
Duplex (party wall) family dwelling
 
 
X
X
 
Manufactured housing
See note 3
See note 3
See note 3
See note 3
X
Multi-family dwelling and similar uses
SU1
SU1
SU1
X
 
Off street parking
 
 
 
SU
 
Office, studios and support services
 
 
 
SU2
 
Public protection, utility and public parks
X
X
X
X
X
Single- (one-) family dwelling
X
X
X
X
SU X
 
Notes:
    1.    Assisted living facility, community group home, convent, life care retirement, monastery, and novitiate are the only uses within Use Unit 8 permitted by special use in the RE, RS, and RD Districts.
    2.    Special use; permitted in RMF Districts only.
    3.    Manufactured homes are not permitted in the RE, RS, RD and RMF Districts.
(Ord. 2223, 2025: Ord. 1953, 2010)

17.04.030: ACCESSORY USES:

Accessory uses customarily incident to a principal use permitted in a Residential District are permitted in such district. In addition, the uses set forth in table 1 of this section are permitted as accessory uses.
TABLE 1
ACCESSORY USES PERMITTED IN RESIDENTIAL DISTRICTS
Uses
Districts
Uses
Districts
Antenna supporting structures
All R Districts1
Emergency shelters
All R Districts
Family daycare
All R Districts
Hobby farming
RE and RS Districts
Home occupations
All R Districts
Management office and private recreation, laundry, and storage facilities
RMF and RMH
Satellite receiving dish
All R Districts in rear yard or mounted on the building only
Signs:
 
Bulletin board
All R Districts
Construction sign
All R Districts
Identification sign
All R Districts
Real estate sign
All R Districts
Swimming pool
All R Districts
Wind energy conversion systems
RE1
 
Note:
    1.    By special use requiring Planning Commission approval.
   A.   General Conditions:
      1.   A detached accessory building shall not be located in the front or required side yard of the primary building, or encroach upon a minimum building setback line.
      2.   Within the rear yard, a detached accessory building shall be located at least five feet (5') from any interior (side yard) lot line.
   B.   Home Occupations: An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use which is clearly incidental to the principal use of the dwelling unit for residential districts, subject to the following provisions. Home occupations permitted by right include artists, authors and composers, catering food service, computer programming, home cooking and preserving, home crafts, ironing, sewing, telephone answering and/or solicitation, tutorial service (limited to 1 student at a time), "single chair" hair salon, and home offices. The pick up of home craft or food items at the home occupation site is prohibited, and no exchange of goods, merchandise, or products shall be permitted on site.
      1.   Location: Home occupation shall be conducted only within principal structure.
      2.   Area: The maximum floor area utilized for home occupation purposes shall not exceed five hundred (500) square feet, or forty percent (40%) of the total floor area of the principal structure, whichever is less.
      3.   Employees: The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed in the home occupation other than a member of the immediate family residing on the premises.
      4.   Visibility Of Merchandise: No merchandise shall be displayed in such a manner as to be visible from off the premises.
      5.   Outdoor Storage: No outdoor storage shall be allowed in connection with any home occupation.
      6.   Maintenance Of Residential Character: No alteration of the residential character of the premises may be made.
      7.   Signs: Only one identification sign shall be permitted for each home occupation advertising its use; the sign shall be affixed to the principal building or customary accessory building and shall not exceed six (6) square feet in surface area. No illumination of any type shall be permitted.
      8.   Disturbances: No mechanical or electrical equipment or other activities shall be allowed which create a noise, dust, odor, or electrical disturbance.
      9.   Traffic And Parking: No home occupation shall generate more than ten (10) additional trips per day to and from the premises and all parking needs generated shall be accommodated by paved, off street parking which does not alter the residential character of the premises.
   C.   Signs:
      1.   One bulletin board may be erected on each street frontage of any educational religious, institutional, or similar use requiring announcement of its activities. The bulletin board shall not exceed thirty two (32) square feet.
      2.   One identification sign may be erected on each perimeter street frontage of a multi-family development, manufactured home park or subdivision, single-family subdivision or permitted nonresidential use not to exceed thirty two (32) square feet of display surface area. The sign shall not exceed twenty feet (20') in height, and illumination, if any, shall be by constant light.
      3.   During the period of construction, but in no event exceeding eighteen (18) months, a sign advertising the construction of improvements on the premises may be erected on each perimeter street frontage of the development; provided, however, said sign shall not exceed two hundred ten (210) square feet of display surface area. The sign shall not exceed fifteen feet (15') in height, and illumination, if any, shall be by constant light. After the initial eighteen (18) month period of construction of improvements on the premises, a construction sign shall be reduced to not exceed eight feet (8') in height, and eight (8) square feet in display surface area.
      4.   Temporary real estate signs in residential areas are subject to the use conditions of use unit 23.
      5.   Signs on accessory equipment or structures, including, but not limited to, satellite dishes, air conditioners and fences, identifying the manufacturer, make and model, shall be limited to one hundred forty four (144) square inches of display surface area for each piece of equipment or structure.
   D.   Family Daycare Homes:
      1.   Must be licensed by the State of Oklahoma Department of Human Services.
      2.   Must obtain a certificate of occupancy from the building inspector, if established after the effective date of the amendment.
      3.   A maximum of seven (7) children, including those preschool children under five (5) years of age who reside in the residence, may be cared for in the home.
      4.   No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver as required by the standards for family daycare homes adopted by the Oklahoma Department of Human Services.
      5.   No signs advertising the family daycare home shall be permitted on the lot.
      6.   No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.
      7.   No family daycare home may be located on a lot within three hundred feet (300') of another lot containing a family daycare home if any boundary of said lots abuts the same street.
      8.   State licensed family daycare homes in existence on the effective date hereof, but which would be prohibited by the spacing requirements herein, may continue as otherwise regulated herein.
   E.   Parking And Storage Of Recreational Vehicles: Other than for purposes of loading and unloading, which shall take place within a forty eight (48) hour period, recreational vehicles located in R District shall be parked or stored:
      1.   Inside a garage; or
      2.   Within a rear yard, if located at least three feet (3') from any lot line; provided, however, where said lot line abuts a public street, the recreational vehicle shall not be parked or stored closer to the street than the existing dwelling; or
      3.   Within a nonrequired side yard, if on a paved parking surface; or
      4.   Within a required side yard if the recreational vehicle is less than six feet (6') in height (excluding the height of an outboard motor or windshield) and it is screened by a six foot (6') screening fence along the lot line nearest the vehicle and extending the full length of the vehicle; or
      5.   Within the front yard, provided:
         a.   Space is not available or there is no reasonable access to either the side yard or rear yard; a fence is not deemed to prevent reasonable access;
         b.   Parking inside the garage is not possible because of the size of the garage structure;
         c.   The unit is parked perpendicular to the front lot line and on a paved parking surface;
         d.   The body of the recreational vehicle is at least twelve feet (12') from the face of the curb or traveled portion of the street, but in no instance shall any portion of the vehicle extend over a sidewalk; and
         e.   No more than one recreational vehicle is parked or stored in the front yard. A boat is considered a recreational vehicle.
In addition, the recreational vehicle cannot be used for dwelling purposes, or permanently connected to sewer lines, water lines or electricity. The vehicle shall not be used for the storage of goods, materials, equipment, other than those considered to be essential for its use as a recreational vehicle.
   F.   Antenna Supporting Structures:
      1.   Antenna supporting structures which are accessory to a residential use are permitted to be mounted on a residential dwelling or a customary accessory building; provided, that it does not exceed sixty five feet (65') in height measured from the average ground elevation at the residential dwelling to the highest horizontal point of the antenna supporting structure and that the surface area of all such mounted antennas shall not exceed ten (10) square feet; only one side having the largest surface area is to be calculated. These provisions do not apply to principal use antennas supporting structures or to antennas which are accessory to uses requiring Planning Commission approval.
      2.   Structures other than a dwelling or customary accessory building which are used to support accessory antennas (including guylines) shall:
         a.   Be located in the rear yard only, and be limited to one such structure;
         b.   Not exceed sixty five feet (65') in height, measured from the average ground elevation at the residential dwelling to the highest point of the antenna and antenna supporting structure;
         c.   Not encroach upon the land or airspace of any abutting property; and
         d.   Not exceed twenty four inches (24") in width above twenty five feet (25') in height, exclusive of guylines.
   G.   Hobby Farming:
      1.   Hobby farming within Residential Districts shall be restricted to poultry, specifically chicken breeds.
      2.   Poultry kept in Residential Districts shall not exceed the maximum allowable count of four (4) animals. With the exception of two (2) permitted pets, all animals on property shall count toward maximum. Poultry must be kept under the following conditions:
         a.   The fowl must be kept in a building at night which at its nearest point is no closer than forty feet (40') to any adjoining residence. If such separation is impossible on the property then hobby farming shall not be allowable; and
         b.   Such structure shall be of an easily cleanable construction, and shall be maintained in a sanitary condition, inoffensive or nondangerous to the public health by routine cleaning and/or proper disposal of the droppings; and
         c.   The outside openings of the structure shall be screened to prevent the spread of disease by flies or vermin; and
         d.   Roosters are not permitted.
      3.   Any property containing poultry shall be built to contain the fowl within the rear yard.
      4.   This accessory use is subject to rescission for an individual property if such use is deemed detrimental to public health or safety by the City Code enforcement or City administration. (Ord. 2215, 2024: Ord. 2100, 2017: Ord. 2087, 2016: Ord. 2069, 2015: Ord. 1953, 2010)

17.04.040: BULK AND AREA REQUIREMENTS:

   A.   Bulk and area requirements in the RE, RS, RD, and RMF Districts are shown in table 1 of this section.
         TABLE 1
Category
District
RE
RS-1
RS-2
RS-3
RD
RMF
Category
District
RE
RS-1
RS-2
RS-3
RD
RMF
Lot width (minimum feet):
 
 
 
 
 
 
Single-family
125
50
40
30
40
40
Two-family
 
 
 
 
80
60
Multi-family
 
 
 
 
 
100
Lot area (minimum square feet):
 
 
 
 
 
 
Single-family
24,000
5,500
4,400
3,300
4,500
5,600
Two-family
8,000
6,000
Multi-family
9,800
Structure height (maximum feet)
35
30
26
26
26
26
Lot coverage (percent)
30
30
30
40
30
30
Front yard (minimum feet)
25
25
25
20
25
25
Rear yard (minimum feet)
20
20
15
10
20
20
Side yard abutting a street (minimum feet):
 
 
 
 
 
 
Arterial
35
25
25
25
25
25
Other
35
25
20
20
25
20
1 side yard not abutting a street (feet)
15
5
5
5
5
5
Total of all side yards not on a street (feet)
30
15
10
10
10
10
 
   B.   Bulk and area requirements in the RMH District are as follows:
      1.   Residential Manufactured Home Park:
Tract area (minimum)
5 acres
Tract width (minimum)
300 ft.
Land area per dwelling unit (minimum)
5,445 sq. ft.
Livability space shall be provided in common areas of not less than 7,500 square feet, located so as to be conveniently accessible to the manufactured homes it is intended to serve
300 sq. ft.
Front yards and any yard abutting a public street
35 ft.
Side yard (minimum)
10 ft.
Rear yard (minimum)
10 ft.
Height (maximum)
1 story
Internal requirements:
 
Minimum space size
40 ft. x 100 ft.
Mobile home space (minimum), exclusive of streets, required off street parking, and required livability space
4,000 sq. ft.
Side yard (minimum):
 
   1 side yard
5 ft.
   Other side yard
10 ft.
Rear yard (minimum)
10 ft.
Front yard (minimum)
10 ft.
Minimum separation between dwellings
15 ft.
Minimum parking per space
2
Maximum area under roof
(Area under roof is the sum of the square footage of the dwelling plus carport and outdoor shelters, plus any independent accessory buildings)
45% of space
Manufactured home setback from centerline of a private internal street (minimum)
(Internal private streets will be allowed in manufactured home park, but they must meet the construction standards for public streets)
22 ft.
Common park/recreational open space and facilities (which may include trails, playgrounds, community buildings, and tot lots) shall be delineated and provided on each site plan equal to at least 7% of the total gross tract area, exclusive of open area on each space
 
In addition, the following requirements shall be met:
         a.   Common Ownership: The development shall consist of one or more tracts under common ownership or control that shall be contiguous or separated only by nonarterial streets or alleys.
         b.   Skirting; Anchoring: All manufactured homes shall be completely skirted and anchored according to this Code.
         c.   Construction And Safety Standards: All manufactured dwellings shall be certified and display such certification that they have been constructed and comply with the National Manufactured Home Construction and Safety Standards.
         d.   Sign Requirements: One identification sign may be erected on each perimeter street frontage of a manufactured home park. The sign shall not exceed thirty two (32) square feet of display surface area. The sign shall not exceed twenty feet (20') in height, and illumination, if any, shall be by constant light.
         e.   Modular Structures: Modular structures built to current International Residential Code standards may be placed in any district where a single-family residential dwelling unit may go.
      2.   Residential Manufactured Home Subdivision: A manufactured home park development containing a tract area of not less than ten (10) acres may be subdivided to permit individual ownership of manufactured home spaces, provided the resulting lots shall comply with the bulk and area requirements set out below and a subdivision plat incorporating the bulk and area requirements is submitted to and approved by the Planning Commission and filed of record in the Office of the County Clerk where the property is located.
Lot area
6,900 sq. ft.
Land area per dwelling unit (minimum)
8,400 sq. ft.
Lot width (minimum)
65 ft.
Livability space per dwelling unit (minimum)
4,000 sq. ft.
Height (maximum)
35 ft.
Front yard and any yard abutting a public street (private streets will not be allowed in a manufactured home subdivision):
 
Abutting an arterial street
35 ft.
Not abutting an arterial street
25 ft.
1 side yard (minimum)
10 ft.
Other side yard (minimum)
10 ft.
Rear yard (minimum)
5 ft.
 
In addition, the dwellings shall have a conventional permanent foundation and certification by the National Manufactured Home Construction and Safety Standards. All dwellings shall have a gable roof and an attached two (2) car garage and at grade porch and entry.
One identification sign may be erected on each perimeter street frontage of a manufactured home subdivision. The sign shall not exceed thirty two (32) square feet of display surface area. The sign shall not exceed twenty feet (20') in height, and illumination, if any, shall be by constant light.
      3.   Where a mobile home is to be erected on a private lot by an individual property owner, the following conditions shall be met:
         a.   The private lot must be within an RMH district;
         b.   The mobile home shall conform to the minimum bulk and area requirements of the RS-2 district;
         c.   The mobile home shall have a manufactured date less than or equal to ten (10) years of the current date;
         d.   The dwelling shall have a permanent masonry-skirting wall with foundation six inches (6") below the frost line. It must fill the entire vertical space between footing and dwelling undercarriage, though it does not need to be load-bearing;
         e.   Minimum mobile home width of twenty feet (20');
         f.   Dwelling will have a gable roof;
         g.   Front and rear porches with proper structural integrity and attachment to the dwelling that provide safe and convenient access to the dwelling. (Ord. 2223, 2025: Ord. 2215, 2024: Ord. 2128, 2019: Ord. 2033, 2014: Ord. 1953, 2010)

17.04.050: SPECIAL USES, REQUIREMENTS:

The special uses that may be permitted in the Residential Districts, as designated in section 17.04.020, table 1 of this chapter, are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Planning Commission.
   A.   The accessory use provisions of the Residential Districts pertaining to signs are applicable to accessory signs for principal uses granted by special use permits.
   B.   In the RE and RS Districts, children's nurseries shall comply with the lot width, lot area, height, and yard requirements for single-family use and, in addition, a maximum floor area ratio of 0.5 shall apply.
   C.   Except as provided in subsection B of this section, and section 17.02.120 of this title, special uses shall comply with the least restrictive yard and height requirements of the district in which located and, in addition, shall comply with the following requirements:
      1.   Maximum floor area ratio of 0.5.
      2.   Minimum lot size of ten thousand (10,000) square feet.
      3.   Minimum frontage of one hundred feet (100').
      4.   A minimum building setback of twenty five feet (25') from abutting properties located within an R District.
Provided that if the use unit requirements are greater, the use unit requirements shall control. (Ord. 1953, 2010)