GENERAL PROVISIONS
The zoning districts set forth below are hereby established and shall be identified by the symbol to the left thereof:
The supplemental district set forth below is hereby established and shall be identified by the symbol to the left thereof.
The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official zoning map of the City of Sapulpa, Oklahoma. The official zoning map shall bear the endorsement of and be maintained by the City Planner and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the official zoning map or for any reference to the official zoning map.
District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the official zoning map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as the same appear of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the Board of Adjustment.
No land or building shall be used and no building, structure, or improvement shall be made, erected constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located except as provided by Chapter 11, Nonconformities. In order to avoid undue hardship:
A.
Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building, where a building permit was lawfully issued prior to the effective date of this Code, and pursuant to such permit, construction is diligently carried to completion. Upon completion such building or use shall be deemed nonconforming and may continue as regulated by Chapter 11, Nonconformities.
B.
For one (1) year after the effective date of this Code a building permit or zoning clearance permit may be issued or a use of land commenced in accordance with the terms and conditions of a Special Exception or Variance granted by the Board of Adjustment prior to the effective date of this Code.
A lot shall not hereafter be divided into two (2) or more lots, unless each lot resulting therefrom conforms to all the applicable regulations of the zoning district in which located and each comply with the subdivision regulations, the minor subdivisions, procedures and standards, standards and regulations for the subdivision of land within the jurisdiction of the Sapulpa Metropolitan Area Planning Commission.
No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of thirty-five (35) feet of frontage on a public street or dedicated right-of-way, except a substandard lot of record, a lot within an approved planned unit development, or a lot within an approved townhouse development.
Not more than one (1) residential structure may be located on a lot in an RE, RS or RD district except in the case of a lot which is within an approved planned unit development.
The following structures shall not be subject to the height limitations of the district in which they are located:
A.
Farm building and structures.
B.
Belfries, chimneys, cupolas, domes, elevators, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.
C.
Ground and structure-supported accessory antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of sixty (60) feet above the natural land grade and which meet the following requirements:
1.
No portion of the antenna, aerial, elevating structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property;
2.
In a residential district no portion of the antenna, aerial, elevating structure, or any anchor or guy line, may extend beyond the front yard building setback line or extend into any established front yard or into any side yard;
Provided that:
a.
Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any city, county, state or federal governmental entities;
b.
Non-guyed, Omni-directional, single element vertical antennas not exceeding one hundred twelve (112) inches in height, and not exceeding one and three-fourths (1¾) inches outside diameter shall be permitted in addition to the sixty (60) foot aggregate height limitation;
c.
The restrictions established by this section may be modified by the Board of Adjustment Special Exception approval, subject to the minimum requirements for special exception approval and such additional safeguards and conditions as may be imposed by the Board of Adjustment.
Except for fire protection and ambulance service, the lot area and width requirement of the zoning districts shall not apply to the uses included within Use Unit 4, public protection and utility facilities.
240.1.
Compliance with yard requirements. Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building for the purpose of complying within the provisions of this Code shall not be considered the yard for any other building and yards provided for a lot shall not be considered the yard of any other lot.
240.2.
Permitted yard obstructions. Obstructions are permitted in required yards as follows:
A.
Cornices, canopies, eaves and similar architectural features may project not more than two (2) feet into a required yard.
B.
Fire escapes may project not more than four and one-half (4½) feet into a required yard.
C.
Fences, hedges, plant materials and walls may be located in any yard provided that corner traffic visibility is maintained in accordance with the City of Sapulpa ordinances.
D.
Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.
E.
In the RE and RS residential districts, a detached accessory building or buildings may be located in a required rear yard provided: (1) the building or buildings do not cover more than twenty (20) percent of the area of the minimum required rear yard, and (2) the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and/or both, does not exceed six hundred (600) square feet.
F.
Swimming pools, tennis court, patios, fallout and other protective shelters shall be located in the rear yard and shall have a minimum setback of ten (10) feet from any side yard or rear lot lines.
G.
Mobile home hitches.
H.
Carports (located in any yard) by special exception requiring Board of Adjustment approval.
I.
Customary accessory structures, such as clothes lines, barbecue pits, and playground equipment.
J.
Antennas and antenna support structures and guy lines may be located in the required rear yard.
240.3.
Use of yards in R districts. No inoperative or unlicensed motor vehicles or vehicle bodies or vehicle parts shall be parked or stored within the yard in an R district. No vehicle shall be parked except on a hard surfaced area constructed of a dust free all-weather material. Within the RM-1 and RM-2 districts, not more than one (1) vehicle shall be parked for each six hundred (600) square feet of area contained in a required front or exterior side yard.
Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:
A.
If the proposed building is to be located more than two hundred (200) feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
B.
If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
C.
If the proposed building is to be located within two hundred (200) feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard setback of the two (2) nearest front corners of the encroaching buildings.
D.
If the proposed building is to be located within two hundred (200) feet of an encroaching building on one (1) side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building. Provided, however, that in the application of [subsection] B or C above, the front yard or building setback shall not be reduced to less than five (5) feet plus one-half (½) of the right-of-way width designated on the major street plan for the abutting street or five (5) feet plus one-half (½) of the dedicated street right-of-way whichever is greater, or five (5) feet plus twenty-five (25) feet if the street is not designated on the major street plan.
A.
Antennas and antenna support structures, which are principle uses in agricultural and industrial districts, are regulated by Chapter 9, Section 904.1—6 of this Code.
B.
Antennas and antenna support structures which are accessory uses are regulated by Sections 320.1 and 320.2, 420.1, 420.2, 520.2, 620.2, 720.1 and 720.2.
C.
Antennas and antenna support structures which are accessory to principle uses permitted in the agricultural, office, commercial or industrial zoning districts shall be setback from residential district boundary line one hundred ten (110) percent of the height of the antenna and antenna support structure as measured at the average ground elevation at the base of the structure. The setback distance shall be measured from the nearest point of the residential zoning district boundary line, excluding freeways zoned residential.
250.1.
Definitions. For the purpose of this article, the following terms, phrases, words, and their derivation shall have the meaning given below:
A.
Corner lot. A lot situated at the junction of two or more private or dedicated public streets.
B.
Fence. Any wall or structure more than eighteen (18) inches in height constructed for the purpose of enclosing, screening, restricting access to or providing decoration to any lot, building or structure. Except where otherwise required in this code, regulations governing the height, location, and opacity of fences also apply to walls, hedges, or landscaping used in lieu of a fence or in combination with a fence. A fence is any part of a fence, including the base, footings, supporting columns, post, braces, gates, structural members, or any other of its appendages.
C.
Front yard. An open, unoccupied space on a lot facing a street and extending from the front of the lot to the front of the principal building, between the side lot lines.
D.
Rear yard. A space unoccupied by the principal structure extending for the full width of the lot between a principal structure and the rear lot line.
E.
Repair. A repair to a fence shall be defined as maintenance to a fence where replacement of materials does not exceed twenty-four (24) linear feet of the length of the fence and does not change the scope, location, or dimensions of the fence. Repairs shall be made using the same material, or material with comparable composition, color, size, shape, and quality of the original fence to which the repair is being made.
F.
Retaining wall. A wall designed and constructed to resist the lateral pressure of soil in an area where there is a desired change in ground elevation that exceeds the repose of the soil.
G.
Reverse frontage corner lot. A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line.
H.
Side yard. An open unoccupied space on the same lot as the building, situated between the building and the side property line of the lot, and extending from the front yard to the rear yard.
I.
Screening wall or fence. An opaque wall made of fieldstone, brick, stucco, wrought iron (or equivalent), or wood pickets, excluding round industrial railing, chain link, or fabric.
(Ord. No. 2903, § 1, 8-15-2022; Ord. No. 2945, § 1, 7-1-2024)
250.2.
Fence and retaining wall permit.
A.
All zoning districts. It shall be unlawful for any person to construct, or have constructed, any type of fence, or any part of a fence, or any type of retaining wall, without first having secured a permit from the City. Residential Zoned property permitting requirements: Fences under seven-foot tall are exempt from permitting, retaining walls under four (4) foot are exempt from permitting, retaining walls four-foot and over but less than six (6) feet require a permit, and retaining walls that are six-foot tall or greater require engineered plans in addition to a permit. No permit is required to repair a fence as that term is defined under this article. No fence shall protrude further than the front facing wall of the structure and any wall protruding in front of the facing wall of the structure required prior approval from Zoning.
B.
Application. Any person must supply the following information (in addition to all requested information on the City-required fence or retaining wall permit forms) when applying for a permit to erect a fence or retaining wall:
1.
Type of fence or retaining wall (i.e., style, material, and design);
2.
Height of fence or retaining wall;
3.
A survey or scalable plot plan of the entire property showing the location of the fence and/or retaining wall and any existing improvements on the property; and
C.
The permit fee shall be as provided from time to time by resolution or ordinance of the City of Sapulpa City Council.
250.3.
Fences on public property. No fence or guy wires, braces, or posts of such fence shall be constructed upon or caused, allowed, or permitted to protrude over property that the City of Sapulpa or the general public has dominion and control over, owns, or has an easement over, under, around or through, except upon utility easements that allow fencing.
250.4.
Fence requirements in office, commercial, and industrial zoning districts.
A.
Rear Yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot-line, except that a fence erected around a tennis court may be constructed to a height of ten (10) feet.
B.
Side yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any side yard or along any side lot line.
C.
Front yard requirements. Only a decorative fence (e.g., wrought iron, wood, masonry) may be erected in the front yard setback area, and if only all the following requirements are met:
1.
No front yard fence shall be erected to a height greater than three (3) feet above the finished lot grade.
2.
Front yard fence material shall not be wire, mesh, or chain link. Samples of all other materials to be used shall be approved by the City building official.
3.
No front yard fence shall be constructed on a corner lot that does not afford proper visual clearance approved by the City building official for traffic approaching the intersection in either direction. Proper visual clearance shall be maintained for a distance of not less than thirty (30) feet on each street.
4.
Reverse frontage corner lot requirements. On all reverse frontage corner lots, it shall be unlawful to construct a fence within the side yard area that is adjacent to a front yard area at a distance closer than fifteen (15) feet to the side property line at a height greater than six (6) feet.
5.
Visibility clips. In all residential developments with rear or side entry access to a garage or carport, a visibility clip measures five (5) feet from the corner of the driveway and alley or street, in both directions, shall be provided on both sides of the drive.
6.
Elevation measurement. In the event that the fence height has been elevated through the use of a permitted retaining wall, the fence height is measured from the top of the retaining wall to the highest point of the fence. If the fence height has not been elevated through the use of a permitted retaining wall, the fence height is measured from grade to the highest point on the fence. The creation of a berm or other method for the primary purpose of increasing the elevation of the fence is not allowed.
250.5.
Fence requirements in residential zoning districts.
A.
Rear yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot-line, except that a fence erected around a tennis court may be constructed to a height of ten (10) feet. Where driveways connect to alleys fences shall only be constructed along the rear yard lot line of any lot within five (5) feet of a point where the driveway would intersect the alley. Fences to be constructed along a driveway or perpendicular to alleys shall not be constructed within five (5) feet of the rear lot line or alley easement line.
B.
Side yard requirements. It shall be unlawful to erect a fence at a height exceeding six (6) feet in any side yard or along any side lot line.
C.
Front yard requirements. Fencing not allowed. No fence shall protrude further than the front facing wall of the structure.
250.6.
Fence and retaining wall design and construction standards.
A.
It shall be unlawful for any fence that is electrically charged in any form or manner to be erected in an area zoned for residential use. This restriction does not apply to usage for restraining livestock where permitted or single strand wires constructed within three (3) feet from ground level to restrain small animals. When electrically charged fences are used, warning signs must be posted every seventy-five (75) feet. Electrical charging units must be low voltage, U.L. approved.
B.
It shall be unlawful for any person to erect, construct, maintain a fence that:
1.
Is constructed with a rope; string; except as otherwise provided in this chapter, wire products, including, but not limited to, chicken wire, hog wire, wire fabric and similar welded or woven wire fabrics; live bamboo; netting; cut or broken glass; paper; corrugated metal panels; galvanized sheet metal; plywood or fiberglass panels; or any other materials that are not manufactured specifically as fencing materials unless intended for agricultural usage or for restraining livestock.
2.
Is constructed of damaged, deteriorating, or unsafe materials.
3.
Is constructed with slats of any material (including but not limited to, metal, fiberglass, and bamboo) threaded through a chain link fence.
4.
Is constructed with used or recycled materials, unless it can be determined by the Building Official that the materials meet the requirements of the Building Code for new materials.
5.
Is temporary in nature except where required by code for construction, excavation, or life safety issues, provided however that temporary fences made of wire and not in excess of three (3) feet in height are permitted for residential gardens in the rear yard.
C.
Barbed wire shall be used only to restrain livestock or as part of a fence on industrial property where the lowest strand of barbed wire is not less than six and one-half (6.5) feet above ground level.
D.
Chain link fences less than five (5) feet tall in a residential zoned district shall have (for, among other reasons, safety concerns) the finished edge of the material on the top of the fence.
250.7.
Swimming pool, spa, and hot tub fence regulations. A person constructing or maintaining a fence or wall enclosure around a swimming pool, spa, or hot tub shall comply with the minimum requirements of the City's building codes, including but not limited to, the City-adopted International Residential Code, as it exists or may be amended, and other applicable laws.
250.8.
Maintenance required.
A.
Any person, group of persons, firm or corporation owning or having control of any fence within the City shall be responsible to maintain the fence in a safe and presentable condition and in compliance with the requirements of this article. This shall include, but not limited to, replacement of broken or defective boards, posts, wire, or other fence parts that may cause the fence to be unsafe or unsightly, and the correction of any visible and/or unsafe lean in the fence. Failure to properly maintain such fencing as required under this section shall be considered a violation.
B.
All fences, including without limitation, fences existing on the effective date of this Ordinance, are subject to inspection and may be tagged as safety hazards or public nuisance if not adequately maintained.
(Ord. No. 2903, § 1, 8-15-2022; Ord. No. 2945, § 1, 7-1-2024)
All driveways used for ingress and egress shall have a maximum width of twenty-five (25) feet measured at the property line. Driveways in R districts shall have five (5) feet radius curb returns. Driveways in O, C or I districts shall have a maximum curb return radius of fifteen (15) feet.
For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces traffic, utilities, and access of emergency vehicles commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows:
For any land which has been rezoned upon application of a private party, or for any land which has been granted a special exception by the Board of Adjustment as enumerated within Use Units 2, 4, 5, 8 and 20, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or re-plat, as the case may be, submitted to the Planning Commission for their review and recommendation, approved by the City Commission, and filed in the office of the County Clerk of the county in which the property is situated. Provided that the Planning Commission may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or re-plat.
The City of Sapulpa Street and Highway Plan, hereafter referred to as the major street plan, as adopted by the City Commission of the City of Sapulpa, is hereby made a part thereof.
The Mayor or any member of the City Commission, Planning Commission, or Board of Adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this Code, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon.
GENERAL PROVISIONS
The zoning districts set forth below are hereby established and shall be identified by the symbol to the left thereof:
The supplemental district set forth below is hereby established and shall be identified by the symbol to the left thereof.
The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official zoning map of the City of Sapulpa, Oklahoma. The official zoning map shall bear the endorsement of and be maintained by the City Planner and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the official zoning map or for any reference to the official zoning map.
District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the official zoning map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as the same appear of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the Board of Adjustment.
No land or building shall be used and no building, structure, or improvement shall be made, erected constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located except as provided by Chapter 11, Nonconformities. In order to avoid undue hardship:
A.
Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building, where a building permit was lawfully issued prior to the effective date of this Code, and pursuant to such permit, construction is diligently carried to completion. Upon completion such building or use shall be deemed nonconforming and may continue as regulated by Chapter 11, Nonconformities.
B.
For one (1) year after the effective date of this Code a building permit or zoning clearance permit may be issued or a use of land commenced in accordance with the terms and conditions of a Special Exception or Variance granted by the Board of Adjustment prior to the effective date of this Code.
A lot shall not hereafter be divided into two (2) or more lots, unless each lot resulting therefrom conforms to all the applicable regulations of the zoning district in which located and each comply with the subdivision regulations, the minor subdivisions, procedures and standards, standards and regulations for the subdivision of land within the jurisdiction of the Sapulpa Metropolitan Area Planning Commission.
No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of thirty-five (35) feet of frontage on a public street or dedicated right-of-way, except a substandard lot of record, a lot within an approved planned unit development, or a lot within an approved townhouse development.
Not more than one (1) residential structure may be located on a lot in an RE, RS or RD district except in the case of a lot which is within an approved planned unit development.
The following structures shall not be subject to the height limitations of the district in which they are located:
A.
Farm building and structures.
B.
Belfries, chimneys, cupolas, domes, elevators, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy.
C.
Ground and structure-supported accessory antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of sixty (60) feet above the natural land grade and which meet the following requirements:
1.
No portion of the antenna, aerial, elevating structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property;
2.
In a residential district no portion of the antenna, aerial, elevating structure, or any anchor or guy line, may extend beyond the front yard building setback line or extend into any established front yard or into any side yard;
Provided that:
a.
Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any city, county, state or federal governmental entities;
b.
Non-guyed, Omni-directional, single element vertical antennas not exceeding one hundred twelve (112) inches in height, and not exceeding one and three-fourths (1¾) inches outside diameter shall be permitted in addition to the sixty (60) foot aggregate height limitation;
c.
The restrictions established by this section may be modified by the Board of Adjustment Special Exception approval, subject to the minimum requirements for special exception approval and such additional safeguards and conditions as may be imposed by the Board of Adjustment.
Except for fire protection and ambulance service, the lot area and width requirement of the zoning districts shall not apply to the uses included within Use Unit 4, public protection and utility facilities.
240.1.
Compliance with yard requirements. Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building for the purpose of complying within the provisions of this Code shall not be considered the yard for any other building and yards provided for a lot shall not be considered the yard of any other lot.
240.2.
Permitted yard obstructions. Obstructions are permitted in required yards as follows:
A.
Cornices, canopies, eaves and similar architectural features may project not more than two (2) feet into a required yard.
B.
Fire escapes may project not more than four and one-half (4½) feet into a required yard.
C.
Fences, hedges, plant materials and walls may be located in any yard provided that corner traffic visibility is maintained in accordance with the City of Sapulpa ordinances.
D.
Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.
E.
In the RE and RS residential districts, a detached accessory building or buildings may be located in a required rear yard provided: (1) the building or buildings do not cover more than twenty (20) percent of the area of the minimum required rear yard, and (2) the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and/or both, does not exceed six hundred (600) square feet.
F.
Swimming pools, tennis court, patios, fallout and other protective shelters shall be located in the rear yard and shall have a minimum setback of ten (10) feet from any side yard or rear lot lines.
G.
Mobile home hitches.
H.
Carports (located in any yard) by special exception requiring Board of Adjustment approval.
I.
Customary accessory structures, such as clothes lines, barbecue pits, and playground equipment.
J.
Antennas and antenna support structures and guy lines may be located in the required rear yard.
240.3.
Use of yards in R districts. No inoperative or unlicensed motor vehicles or vehicle bodies or vehicle parts shall be parked or stored within the yard in an R district. No vehicle shall be parked except on a hard surfaced area constructed of a dust free all-weather material. Within the RM-1 and RM-2 districts, not more than one (1) vehicle shall be parked for each six hundred (600) square feet of area contained in a required front or exterior side yard.
Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:
A.
If the proposed building is to be located more than two hundred (200) feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
B.
If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located.
C.
If the proposed building is to be located within two hundred (200) feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard setback of the two (2) nearest front corners of the encroaching buildings.
D.
If the proposed building is to be located within two hundred (200) feet of an encroaching building on one (1) side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building. Provided, however, that in the application of [subsection] B or C above, the front yard or building setback shall not be reduced to less than five (5) feet plus one-half (½) of the right-of-way width designated on the major street plan for the abutting street or five (5) feet plus one-half (½) of the dedicated street right-of-way whichever is greater, or five (5) feet plus twenty-five (25) feet if the street is not designated on the major street plan.
A.
Antennas and antenna support structures, which are principle uses in agricultural and industrial districts, are regulated by Chapter 9, Section 904.1—6 of this Code.
B.
Antennas and antenna support structures which are accessory uses are regulated by Sections 320.1 and 320.2, 420.1, 420.2, 520.2, 620.2, 720.1 and 720.2.
C.
Antennas and antenna support structures which are accessory to principle uses permitted in the agricultural, office, commercial or industrial zoning districts shall be setback from residential district boundary line one hundred ten (110) percent of the height of the antenna and antenna support structure as measured at the average ground elevation at the base of the structure. The setback distance shall be measured from the nearest point of the residential zoning district boundary line, excluding freeways zoned residential.
250.1.
Definitions. For the purpose of this article, the following terms, phrases, words, and their derivation shall have the meaning given below:
A.
Corner lot. A lot situated at the junction of two or more private or dedicated public streets.
B.
Fence. Any wall or structure more than eighteen (18) inches in height constructed for the purpose of enclosing, screening, restricting access to or providing decoration to any lot, building or structure. Except where otherwise required in this code, regulations governing the height, location, and opacity of fences also apply to walls, hedges, or landscaping used in lieu of a fence or in combination with a fence. A fence is any part of a fence, including the base, footings, supporting columns, post, braces, gates, structural members, or any other of its appendages.
C.
Front yard. An open, unoccupied space on a lot facing a street and extending from the front of the lot to the front of the principal building, between the side lot lines.
D.
Rear yard. A space unoccupied by the principal structure extending for the full width of the lot between a principal structure and the rear lot line.
E.
Repair. A repair to a fence shall be defined as maintenance to a fence where replacement of materials does not exceed twenty-four (24) linear feet of the length of the fence and does not change the scope, location, or dimensions of the fence. Repairs shall be made using the same material, or material with comparable composition, color, size, shape, and quality of the original fence to which the repair is being made.
F.
Retaining wall. A wall designed and constructed to resist the lateral pressure of soil in an area where there is a desired change in ground elevation that exceeds the repose of the soil.
G.
Reverse frontage corner lot. A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line.
H.
Side yard. An open unoccupied space on the same lot as the building, situated between the building and the side property line of the lot, and extending from the front yard to the rear yard.
I.
Screening wall or fence. An opaque wall made of fieldstone, brick, stucco, wrought iron (or equivalent), or wood pickets, excluding round industrial railing, chain link, or fabric.
(Ord. No. 2903, § 1, 8-15-2022; Ord. No. 2945, § 1, 7-1-2024)
250.2.
Fence and retaining wall permit.
A.
All zoning districts. It shall be unlawful for any person to construct, or have constructed, any type of fence, or any part of a fence, or any type of retaining wall, without first having secured a permit from the City. Residential Zoned property permitting requirements: Fences under seven-foot tall are exempt from permitting, retaining walls under four (4) foot are exempt from permitting, retaining walls four-foot and over but less than six (6) feet require a permit, and retaining walls that are six-foot tall or greater require engineered plans in addition to a permit. No permit is required to repair a fence as that term is defined under this article. No fence shall protrude further than the front facing wall of the structure and any wall protruding in front of the facing wall of the structure required prior approval from Zoning.
B.
Application. Any person must supply the following information (in addition to all requested information on the City-required fence or retaining wall permit forms) when applying for a permit to erect a fence or retaining wall:
1.
Type of fence or retaining wall (i.e., style, material, and design);
2.
Height of fence or retaining wall;
3.
A survey or scalable plot plan of the entire property showing the location of the fence and/or retaining wall and any existing improvements on the property; and
C.
The permit fee shall be as provided from time to time by resolution or ordinance of the City of Sapulpa City Council.
250.3.
Fences on public property. No fence or guy wires, braces, or posts of such fence shall be constructed upon or caused, allowed, or permitted to protrude over property that the City of Sapulpa or the general public has dominion and control over, owns, or has an easement over, under, around or through, except upon utility easements that allow fencing.
250.4.
Fence requirements in office, commercial, and industrial zoning districts.
A.
Rear Yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot-line, except that a fence erected around a tennis court may be constructed to a height of ten (10) feet.
B.
Side yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any side yard or along any side lot line.
C.
Front yard requirements. Only a decorative fence (e.g., wrought iron, wood, masonry) may be erected in the front yard setback area, and if only all the following requirements are met:
1.
No front yard fence shall be erected to a height greater than three (3) feet above the finished lot grade.
2.
Front yard fence material shall not be wire, mesh, or chain link. Samples of all other materials to be used shall be approved by the City building official.
3.
No front yard fence shall be constructed on a corner lot that does not afford proper visual clearance approved by the City building official for traffic approaching the intersection in either direction. Proper visual clearance shall be maintained for a distance of not less than thirty (30) feet on each street.
4.
Reverse frontage corner lot requirements. On all reverse frontage corner lots, it shall be unlawful to construct a fence within the side yard area that is adjacent to a front yard area at a distance closer than fifteen (15) feet to the side property line at a height greater than six (6) feet.
5.
Visibility clips. In all residential developments with rear or side entry access to a garage or carport, a visibility clip measures five (5) feet from the corner of the driveway and alley or street, in both directions, shall be provided on both sides of the drive.
6.
Elevation measurement. In the event that the fence height has been elevated through the use of a permitted retaining wall, the fence height is measured from the top of the retaining wall to the highest point of the fence. If the fence height has not been elevated through the use of a permitted retaining wall, the fence height is measured from grade to the highest point on the fence. The creation of a berm or other method for the primary purpose of increasing the elevation of the fence is not allowed.
250.5.
Fence requirements in residential zoning districts.
A.
Rear yard requirements. It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot-line, except that a fence erected around a tennis court may be constructed to a height of ten (10) feet. Where driveways connect to alleys fences shall only be constructed along the rear yard lot line of any lot within five (5) feet of a point where the driveway would intersect the alley. Fences to be constructed along a driveway or perpendicular to alleys shall not be constructed within five (5) feet of the rear lot line or alley easement line.
B.
Side yard requirements. It shall be unlawful to erect a fence at a height exceeding six (6) feet in any side yard or along any side lot line.
C.
Front yard requirements. Fencing not allowed. No fence shall protrude further than the front facing wall of the structure.
250.6.
Fence and retaining wall design and construction standards.
A.
It shall be unlawful for any fence that is electrically charged in any form or manner to be erected in an area zoned for residential use. This restriction does not apply to usage for restraining livestock where permitted or single strand wires constructed within three (3) feet from ground level to restrain small animals. When electrically charged fences are used, warning signs must be posted every seventy-five (75) feet. Electrical charging units must be low voltage, U.L. approved.
B.
It shall be unlawful for any person to erect, construct, maintain a fence that:
1.
Is constructed with a rope; string; except as otherwise provided in this chapter, wire products, including, but not limited to, chicken wire, hog wire, wire fabric and similar welded or woven wire fabrics; live bamboo; netting; cut or broken glass; paper; corrugated metal panels; galvanized sheet metal; plywood or fiberglass panels; or any other materials that are not manufactured specifically as fencing materials unless intended for agricultural usage or for restraining livestock.
2.
Is constructed of damaged, deteriorating, or unsafe materials.
3.
Is constructed with slats of any material (including but not limited to, metal, fiberglass, and bamboo) threaded through a chain link fence.
4.
Is constructed with used or recycled materials, unless it can be determined by the Building Official that the materials meet the requirements of the Building Code for new materials.
5.
Is temporary in nature except where required by code for construction, excavation, or life safety issues, provided however that temporary fences made of wire and not in excess of three (3) feet in height are permitted for residential gardens in the rear yard.
C.
Barbed wire shall be used only to restrain livestock or as part of a fence on industrial property where the lowest strand of barbed wire is not less than six and one-half (6.5) feet above ground level.
D.
Chain link fences less than five (5) feet tall in a residential zoned district shall have (for, among other reasons, safety concerns) the finished edge of the material on the top of the fence.
250.7.
Swimming pool, spa, and hot tub fence regulations. A person constructing or maintaining a fence or wall enclosure around a swimming pool, spa, or hot tub shall comply with the minimum requirements of the City's building codes, including but not limited to, the City-adopted International Residential Code, as it exists or may be amended, and other applicable laws.
250.8.
Maintenance required.
A.
Any person, group of persons, firm or corporation owning or having control of any fence within the City shall be responsible to maintain the fence in a safe and presentable condition and in compliance with the requirements of this article. This shall include, but not limited to, replacement of broken or defective boards, posts, wire, or other fence parts that may cause the fence to be unsafe or unsightly, and the correction of any visible and/or unsafe lean in the fence. Failure to properly maintain such fencing as required under this section shall be considered a violation.
B.
All fences, including without limitation, fences existing on the effective date of this Ordinance, are subject to inspection and may be tagged as safety hazards or public nuisance if not adequately maintained.
(Ord. No. 2903, § 1, 8-15-2022; Ord. No. 2945, § 1, 7-1-2024)
All driveways used for ingress and egress shall have a maximum width of twenty-five (25) feet measured at the property line. Driveways in R districts shall have five (5) feet radius curb returns. Driveways in O, C or I districts shall have a maximum curb return radius of fifteen (15) feet.
For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces traffic, utilities, and access of emergency vehicles commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows:
For any land which has been rezoned upon application of a private party, or for any land which has been granted a special exception by the Board of Adjustment as enumerated within Use Units 2, 4, 5, 8 and 20, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or re-plat, as the case may be, submitted to the Planning Commission for their review and recommendation, approved by the City Commission, and filed in the office of the County Clerk of the county in which the property is situated. Provided that the Planning Commission may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or re-plat.
The City of Sapulpa Street and Highway Plan, hereafter referred to as the major street plan, as adopted by the City Commission of the City of Sapulpa, is hereby made a part thereof.
The Mayor or any member of the City Commission, Planning Commission, or Board of Adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this Code, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon.