400.1.

General 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 non-harmonious commercial and/or industrial activities.

C.

Achieve a suitable environment for family by permitting in residential areas appropriate neighborhood facilities, such as churches, schools, and certain cultural and recreational facilities.

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, and other public facilities.

400.2.

Purposes of the RE 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, which would substantially interfere with the stated purposes of this district, and discourage any use that generate traffic and create congestion on neighborhood streets other than the normal traffic serving the residents on those streets.

400.2(A).

Purpose of RE Estate Performance standards. The intent of the RE District is to provide the opportunity for development and conservation for single-family detached dwellings on larger parcels of land and with lower population densities in areas suitable for family life. The addition of these "performance" based standards helps to expand the development opportunity by allowing for adaptive alternatives for quality residential design that will meet or exceed the present standards of the RE District in areas that have unique topographical challenges and/or constraints, without compromising or waiving the City of Sapulpa Asphalt Pavement Standard Details for Residential and Commercial Streets.

A.

RE Estate performance standards. The City Council shall determine if unique topographical challenges and/or constraints are contained in a project development site and warrant application of these, and may determine whether portion(s) or the entirety of the development project will comply. The following constraints must, at a minimum, exist on the proposed development to warrant application:

1.

A slope analysis of the proposed development site documents that a minimum of sixty-five (65) percent of the project consists of slopes that are equal to or greater than ten (10) percent.

2.

A determination has been made that the City of Sapulpa wastewater facilities will not be able to be expanded to support the development proposal or that one (1) or more lift station would be required to be constructed in order to utilize the City of Sapulpa facilities.

B.

The City Council shall have the ability to approve alternative design solutions that are determined by the City Council to be equivalent to or exceed the present City of Sapulpa Engineering Design Criteria and Standards Specifications, provided that the following performance standards are followed and apply in their entirety:

1.

The project will establish and maintain a home owners' association and will be governed according to by-laws approved by the residents of the project for the purpose of maintaining restrictive covenants and the maintenance up-keep of the project.

2.

The project shall be designed to integrate with and otherwise preserve the character of the existing topography, including but not limited to such things as steepness of slopes, existing drainage features, river and stream terraces, ridgelines, rock outcroppings, and other scenic topographic features. These unique features will, to the reasonable extent feasible, be preserved in separate open-space development tracts, to be jointly owned and maintained by the home owners' association.

3.

The project shall be designed so that the proposed development will minimize the degradation of these unique characteristics in the development terms of the following:

a.

Use;

b.

Density;

c.

Traffic generation;

d.

Quality of runoff water.

4.

Recognizing the issues that can be associated with the unique topography mentioned above in [subsections] 500.2.A and 500.2.A.1, the installation of underground stormwater conveyance structures may not be feasible. If this occurs, the project may be allowed to design and construct aboveground conveyance systems that may include the use of borrow ditches. In such situations, the design and construction of said aboveground conveyance system shall be in accordance with the City of Sapulpa Engineering Design Criteria and Standard Specifications as well as the City of Sapulpa Asphalt Pavement Standard Details for Residential and Commercial Streets.

5.

The project shall, to the reasonable extent feasible, preserve significant existing native vegetation as well as existing trees.

6.

The project will construct and the home owners' association will maintain in perpetuity, a public trail or public pedestrian walkway system, to provide for public access throughout the development project, and provide links to adjacent existing and/or proposed pedestrian systems. If it is determined by the City Council that the construction of the above mentioned system is not feasible for the development, the project may substitute the construction and maintenance of a neighborhood park, clubhouse, or other recreation amenity.

7.

The project shall provide a development agreement with the City of Sapulpa outlaying the construction and maintenance responsibilities of the developer and future property owners. The City of Sapulpa will not assume or accept dedication or maintenance responsibilities for common areas, wastewater collection systems that do not connect to City of Sapulpa facilities, stormwater conveyance systems and detention facilities, and public trail and/or public pedestrian walkway systems.

400.3.

Purposes of the RS Residential Single-Family Districts. The RS-1, RS-2, and RS-3 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.

400.4.

Purpose of the RD Residential Duplex District. The RD District is designed to permit a more intense yet compatible use of tracts in or near single-family residential and other neighborhood, which because of size, topography or adjacent land use are not ideally suited for single-family use.

400.5.

Purposes of RM Residential Multi-Family Districts. The RM-1 and RM-2 districts are designed to permit the development and conservation of multi-family dwelling types, such as garden apartments and townhouses, in suitable environments in a variety of densities to meet the varying requirements of families.

400.6.

Purposes of the RMH Residential Mobile Home Park District. The RMH District is designed to recognize mobile home living as a residential use necessitating location in residential areas yet requiring regulation to insure a suitable living environment.

400.7.

Purposes of the RMT Residential Multi-Family Townhouse District. The RMT district is designed to permit the development of attached single-family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single-family dwellings.

The use unit designates the principal uses permitted in the residential districts. 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 9. The use units permitted in residential districts are set forth in Table 1.

Table 1
Use Units Permitted in Residential Districts*

X — Use by right.

E — Special exception.

# — Antennas and antenna support structures are not permitted by special exception in any R district.

**Multi-family dwellings, other than townhouses, are not permitted in the RM-T District.

***Duplexes are permitted only in the RS-3 District upon approval of a special exception from the Board of Adjustment.

## Nursing homes, community group homes, convents, monasteries and novitiates are the only uses in Use Unit 8 that are permitted by special exception in RS-3 and RD Districts.

### Mobile home dwellings are not permitted in the RS districts.

Table 2
Accessory Uses Permitted in Residential Districts

*By special exception requiring Board of Adjustment approval.

**In rear yards only.

***Wind energy conservation systems are permitted only in the RE and RS-1 districts upon approval of a special exception from the Board of Adjustment.

420.2.

Accessory use conditions.

General conditions:

1.

An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

2.

A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to carports, provided the minimum required front yard or side yard or setback line is observed.

3.

Within the rear yard, a detached accessory building shall be located at least five (5) feet from any interior lot line.

4.

One (1) unoccupied recreational vehicle, a length of thirty-five (35) feet or less, may be parked upon a lot as an accessory use, in the rear yard on hard surface only.

A.

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 purposes, is allowed as an accessory use in residential districts, subject to the following provisions:

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 twenty-five (25) percent of the total floor is of the principal structure.

3.

Employees: Only the family or person occupying the dwelling as a private residence shall engage in the home occupation. 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: One (1) identification sign shall be permitted for each home occupation advertising its use; the sign shall be affixed to the principal building or customary accessory buildings 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 fifteen (15) additional trips per day to and from the premises and all parking needs generated shall be accommodated by off-street parking which does not alter the residential character of the premises.

B.

Roomers and boarders. In a dwelling unit occupied as a private residence, one (1) or more rooms may be rented or table board furnished, to not more than: (a) two (2) persons who are non-members of the family occupying said premises as a permitted accessory use; or (b) more than two (2) persons by special exception requiring Board of Adjustment approval. However, in case, no window displays or sign board shall be used to advertise such use.

C.

Antennas and antenna support structures.

1.

Antennas and antenna support 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 (65) feet in height measured from the average ground elevation at the residential dwelling to the highest horizontal point of the antenna and antenna support structure and that the surface area of all such mounted antennas shall not exceed ten (10) square feet. Only one (1) side having the largest surface area is to be calculated. These provisions do not apply to principal use antennas or to antennas which are accessory to uses requiring Board of Adjustment approval.

2.

Structures other than a dwelling or customary accessory building which are used to support accessory antennas (including guy lines) shall:

a.

Be located in the rear yard only, and be limited to one such structure;

b.

Not exceed sixty-five (65) feet in height, measured from the average ground elevation at the residential dwelling to the highest point of the antenna and antenna support structure;

c.

Not encroach upon the land or airspace of any abutting property; and

d.

Not exceed twenty-four (24) inches in width above twenty-five (25) feet in height, exclusive of guy lines.

D.

Marijuana cultivation.

430.1.

Bulk and area requirements in the RE, RS, RD, and RM districts are shown in Table 3.

Table 3
Bulk and are Requirements in the RE, RS, RD and RM Districts

*The frontage of any lot in the RE district which meets the requirements of minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one hundred twenty-five (125) linear feet.

**A minimum of three (3) townhouse lots.

***In the RM-1 district, a one-story limitation shall apply to structures containing more than three (3) dwelling units which are within fifty (50) feet of an adjoining RE or RS district.

****Does not apply to interior lot line of townhouse developments.

430.2.

Bulk and area requirements in the RMH district.

Private streets will be allowed, but they must meet the standards for public streets.

B.

Mobile home subdivisions. A mobile home park development containing a tract area of not less than five (5) acres may be subdivided to permit individual ownership of mobile 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.

430.2(A).

Definitions and terms.

A.

Residential manufactured home subdivision means an exclusive family residential housing subdivision for manufactured homes and modular housing units in which the home or housing unit owner owns the property upon which the home is situated;

B.

Residential manufactured home means transportable, factory built, detached single-family residential dwelling built in accordance with the Federal Manufactured Home Construction and Safety Standard of 1995.

430.2(B).

Use conditions. All units in a residential manufactured home subdivision shall meet with no variance of the following conditions:

A.

All residential manufactures housing subdivisions shall be platted according to the adopted subdivision regulations meeting all requirements therein with no variances from the SMAPC or council. A building permit is required prior to installation or construction on any lot. Application for a building permit requires a site plan, footing and foundation plan and show a front and side view of the manufactured house as it will appear after installation, demonstrating architectural compliance with the ordinance. No RMH shall be located next to RS-1 or RS-2 zoned property.

B.

The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety Standards as revised on April 1, 1995. In addition, the structure must comply with the wind safety standards provisions for Wind Zone 1, as set forth in said standards.

C.

The unit is dual or triple sectional with a minimum front width of twenty-four (24) feet and a minimum floor area of one thousand two hundred (1,200) square feet.

D.

Every manufactured home must have a site plan, and footing plan. Footing and foundation/stemwall installation shall be inspected by the building inspector prior to installation of a manufactured home to insure conformance with the regulations of this chapter. The unit must be attached to a continuous concrete or concrete block foundation that complies with the building code. The foundation must be an excavated and back filled foundation that complies with the building code. The foundation must be excavated and back filled foundation, enclosed at the perimeter with the finished floor being a maximum of twenty-four (24) inches above the exterior grade of the lot. Due to differences in construction between manufactured and modular homes the attachment to the foundation will differ, manufactured housing, shall use methods described in attachment A, Modular housing may use methods described by attachment A or B. If the dwelling is multi-leveled, the lowest finished floor above exterior shall meet this requirement. The manufactured unit shall have a brick or rock wainscot to the bottom of the windows. No metal will be allowed. Transport axels and towing tongue must be removed.

E.

The roof must be gable or hip type construction with at least Class C fire resistant shingle roofing material. No dwelling shall have a roof covered with continuous rolled metal. The roof slope must have a minimum vertical rise of three (3) inches for every twelve (12) inches of horizontal run with a minimum cave projection and roof overhang of twelve (12) inches, which may include guttering.

F.

Front and rear porches and site built steps must be constructed with exterior materials matching the structure. All units must have an attached two (2) car garage. The exterior covering material used on the garage shall be the same as exterior covering material used on a substantial portion of the dwelling and compatible with the surrounding neighborhood. The same roofing material shall be used on the garage and dwelling.

G.

The exterior finish must be comparable to and compatible with site-built houses on the block face. No bare metal siding or roofing is allowed.

H.

No residential manufactured home can be site adjacent to any structure designated as a historic landmark or within a locally designated historic district.

I.

Items A—H of this section as listed above may not waived, modified, or otherwise altered by the Board of Adjustment or City Council except by amendment of this section.

430.4.

Residential Manufactured Home Subdivision RMH.

(1)

General description.

A.

This zoning district is intended to provide for an alternative living style land dwelling and dwelling type to conventional single-family housing. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for manufactured and modular housing. This district provides for individual lots which allow the manufactures home owner to own the property in which the home is situated. A minimum subdivision size is established to assure that a desirable residential environment is created, and to provide separation from neighboring conventional housing areas. Residential manufactured homes can provide a major source of acceptable housing for persons of moderate income at a time when the cost of conventional housing is increasing.

B.

The RMH zone will allow the maximum amount of freedom possible in the design of the homes in the areas, and will provide for related recreational, commercial and other service facilities for the planned residential developments. The requirements established in this district are intended to afford adequate design planning and utilization of the land, provide for open and pedestrian space, to encourage site and development plans which will maximize compatibility between manufactured home developments and developments on adjoining land, and to protect and enhance the manufactured home site and its environs.

(2)

Uses permitted. Property in the residential manufactured home subdivision district shall be used exclusively for the following purposes:

A.

Single-family detached dwellings, modular homes, and residential-design manufactured homes;

B.

Public facilities such as parks, playgrounds, community centers, churches, schools, libraries, and noncommercial facilities such as golf courses, shuffleboard courts, swimming pools and tennis courts; and

C.

Accessory buildings and uses customary and incidental to any of the above uses when located on the same lot.

(3)

Special exceptions. Since the manufactured home subdivision district is an exclusive district, only municipal uses, public buildings and public utilities which hold the right of eminent domain may be permitted by the Board of Adjustment as special exceptions.

(4)

Area requirements. In order to ensure adequate light, air, fire safety, convenience and amenities for the residents in the manufactured home subdivision development, the following area requirements shall apply:

A.

The manufactured home subdivision district shall not be allowed on tracts of land less than five (5) contiguous acres;

B.

Front yard set-back: All manufactured homes shall be set back from the front property line a minimum of twenty-five (25) feet. When a lot has double frontage, the front yard setback shall be provided on both streets.

C.

Side yard setback: All manufactured homes shall be set back from the side yard property line a minimum distance of ten (10) feet. Unattached buildings of accessory use shall be set back from the side yard property line and other buildings a minimum distance of five (5) feet. On any corner lot, dwellings, manufactured homes and accessory buildings shall be set back from the side property line a distance of fifteen (15) feet when a lot is back to back with another corner lot, and a distance of twenty (20) feet in all other instances;

D.

Rear yard setback: All manufactured homes shall be set back from the rear property line a minimum distance of twenty (20) feet. Unattached buildings of accessory use may be located in the rear of the yard, but shall be set back at least five (5) feet from the alley line or rear property line and clear of utility easements.

(5)

Intensity of use.

A.

For each manufactured home site, there shall be a minimum lot area of not less than nine thousand (9,000) square feet. Each lot will have a minimum of eighty (80) feet of front lot width.

B.

Individual manufactured home site lots on cul-de-sacs and exterior curve radiuses shall abut on a street for a distance of not less than forty (40) feet.

C.

Where a lot has less area than herein required and all the boundary lines of that lot touch land under other ownership on the effective date of these regulations, that lot may be used for any of the uses, except churches, permitted by these regulations.

D.

For churches and main accessory buildings, other than dwellings and buildings accessory to the dwelling, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in Chapter 10 et seq. of this Code.

E.

There shall be no more than one (1) dwelling unit and one accessory use per lot in the RMH Manufactured Home Subdivision District.

(6)

Coverage.

A.

Maximum density in any manufactured home subdivision development shall not exceed four point eight (4.8) units per gross acre for all single-family dwellings. For purposes of these regulations, gross acreage is to be computed as all usable land area within the exterior boundaries of the property, including streets, common open space, lands occupied by recreation facilities, community buildings, manufactured homes and utility easements. No manufactured housing shall be allowed in a designated floodplain.

B.

Manufactured home dwelling units and their accessory uses shall not occupy more than thirty (30) percent of the total usable lot area on interior lots, and thirty-five (35) percent of the lot area on a corner.

(7)

Height. No building shall exceed two (2) stories or thirty-five (35) feet in height. In no instance shall the height be increased on the manufactured or modular home nor shall the manufactured or modular home be structurally altered, modified, enlarged or added to in any way which will increase the height of the dwelling or structurally alter the roof of the dwellings; however, accessory use structures may be modified, enlarged, altered or added to upon review. It shall be permissible to enhance the outward appearance of the manufactured home dwelling so long as its structural integrity is not compromised.

440.1.

Purpose. By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval by the Planning Commission is required for all mobile home park developments and multi-family complexes over eight (8) units for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced on a site approved for these uses except in accordance with a site plan submitted and approved.

440.2.

Application for site plan review. The application shall be in such a format and content as the Planning Commission may by resolution establish, with twenty (20) copies of the site plan submitted. The Planning Commission staff shall review and approve or deny site plans on developments of eight (8) units or less. Appeals from denial by staff are made to the Planning Commission.

All other site plans shall be reviewed and approved or denied by the Planning Commission. A site plan shall consist of maps containing:

A.

Proposed location of uses, including off-street parking, open spaces, public uses, and placement of mobile homes;

B.

Location, height, and size of buildings and other structures;

C.

Proposed location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;

D.

Public and private vehicular and pedestrian circulation;

E.

Hydrology report as per Article VI, Sections 6-45 to 6-52 of the Sapulpa City Code;

F.

Proposed location and development of buffer areas, screening and landscaping;

G.

The location of all residential uses expressed in number of dwelling units;

H.

A computation of lot area, building floor area, and building coverage;

I.

Proposed location, height, and size of any ground sign;

J.

Sufficient surrounding area to demonstrate the relationship of the development to adjoining uses, both existing and proposed;

K.

Existing and topographic character of the land including identification of floodplain areas, treed areas and slope analysis;

L.

An explanation of the character of the development.

Requirements: The special exception uses, permitted in the residential districts, as designated in Table 1, are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Board of Adjustment.

A.

The accessory use provisions of the residential districts pertaining to signs are applicable to accessory signs for principal uses permitted by special exception.

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 five-tenths (.5) shall apply.

C.

Except as provided in subsection B, above, and Section 230, special exception 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 five-tenths (.5).

2.

Minimum lot size of ten thousand (10,000) square feet.

3.

Minimum frontage of one hundred (100) feet.

4.

A minimum building setback of twenty-five feet from abutting properties located within an R District.

Provided that if the use unit requirements are greater, the use requirements shall control.

D.

Wind energy conversion systems (WECS). All WECS in RE and RS-1 zones shall comply with the restrictions and requirements of Section 320.2.B.