Skiatook City Zoning Code

   A.   Intent: It is the intent of this chapter to encourage unified design of housing, commercial, office, industrial or institutional areas and facilities, or combinations thereof, to provide for integrated developments having harmony of design and variety of function. It does not permit a greater density or uses different from those set forth in the regulations of the district in which the development is located, but this chapter shall provide for a greater flexibility in the design of buildings, yards, courts, and circulation than would otherwise be possible through the strict application of district regulations, while maintaining density and area coverage permitted in the general zoning district or districts in which the project is located, and to produce:

      1.   A maximum choice in the types of environment and living units available to the public.

      2.   Open space and recreation areas.

      3.   A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion.

      4.   A creative approach to the use of land and related physical development.

      5.   An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

      6.   An environment of stable character in harmony with surrounding development.

      7.   A more desirable environment than would be possible through the strict application of other chapters of this title.

   B.   Design: This chapter is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses, which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan, which is related to and affects the long term value of the homes and other development. A planned unit development shall be a separate entity with a distinct character in harmony with surrounding development. (1991 Code § 16-19-910)

   A.   General:

      1.   Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of not less than two (2) acres in size located within a Residential District or Districts may make application for the approval of an outline development plan as provided in subsections B, C and D of this section.

      2.   Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of not less than three (3) acres in size located within one or more Commercial and/or Office Districts may make application for the approval of an outline development plan as provided in subsections B, C and D of this section.

      3.   Any person, corporation, partnership, association, or combination thereof owning or possessing a property right or interest in or to a tract of not less than twenty (20) acres in size located within an Industrial, Office or Residential District may make application for approval of an outline development plan for an industrial, educational, medical or other types of institutional planned unit developments as provided in subsections B, C and D of this section.

      4.   An application for the approval of an outline development plan or the supplemental district designation PUD may be processed simultaneously with and contingent upon an application for an amendment to the zoning map which, if successful, would result in the tract being placed in an appropriate zoning district or districts.

   B.   Application And Outline Development Plans; Fee: An application for a planned unit development shall be filed with the planning commission. The application shall be accompanied by the payment of a fifty dollar ($50.00) fee. Such fee shall not include advertising and sign costs, which shall be billed to the applicant. The application shall be in such form and content as the planning commission may by resolution establish; provided, that three (3) complete copies of an outline development plan and fifteen (15) extra copies of the maps shall accompany the filing of the application. The outline development plan shall consist of maps and/or text, which contain:

      1.   Existing topographic character of the land.

      2.   Proposed land uses, including public uses and open spaces, and the approximate location of buildings and other structures.

      3.   The character and approximate density of dwellings. Density shall be expressed in number of dwelling units and quantitative area of each identifiable segment of the PUD.

      4.   The approximate location of streets.

      5.   Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed.

      6.   An explanation of the character of the planned development.

      7.   The expected schedule of development; provided, that it meets the requirements of subsection 11-10-3E of this chapter.

   C.   Public Hearing And Planning Commission Action:

      1.   The planning commission, upon the filing of an application for the approval of a planned unit development, shall set the matter for public hearing and give fifteen (15) full days' notice thereof by publication in a newspaper of general circulation. In addition, written notice shall be mailed to all owners of property, as listed on current tax rolls, within a three hundred foot (300') radius of the exterior boundaries of the subject property twenty (20) full days prior to the date of public hearing. Within sixty (60) days after the filing of an application, the planning commission shall conduct the public hearing and shall determine:

         a.   Whether the PUD is consistent with the comprehensive plan.

         b.   Whether the PUD harmonizes with the existing and expected development of the surrounding areas.

         c.   Whether the PUD is a unified treatment of the development possibilities of the project site.

         d.   Whether the PUD is consistent with the stated purposes and standards of this chapter.

      2.   The planning commission shall then recommend approval, approval with modification, or denial of the application.

      3.   An application recommended for approval or approval subject to modification shall be forwarded with the text, the outline development plan, and the recommendations of the planning commission to the city council for further hearing as provided in subsection D of this section. (1991 Code § 16-19-970)

      4.   An application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city clerk for a hearing by the city council. (1991 Code § 16-19-970; amd. Ord. 2013-3, 2-12-2013)

   D.   City Council: Upon receipt of the application, outline development plan, and planning commission recommendation, the city council shall hold a hearing, review the outline development plan, approve, disapprove, modify, or return the outline development plan to the planning commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.

   E.   Planned Unit Development Subdivision Plat: A planned unit development subdivision plat shall be filed with the planning commission and shall be processed in accordance with the subdivision regulations and, in addition to the requirements of the subdivision regulations, shall include:

      1.   Details as to the location of uses and street arrangements.

      2.   Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or the public; provided, that a dedication to the public shall not be accepted without the approval of the city council.

      3.   Such covenants as will reasonably ensure the continued compliance with the approved outline development plan. In order that the public interest may be protected, the city shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the city may enforce compliance therewith.

   F.   Issuance Of Building Permits: After the filing of an approved PUD subdivision plat, and notice thereof to the building inspector, no building permit shall be issued on land within the PUD except in accordance with the approved plat. In a residential PUD, a building permit for a freestanding or separate accessory commercial structure shall not be issued until building permits have been issued for at least one-half (1/2) of the number of dwelling units on which the authorization of the commercial unit is based.

   G.   Amendments: Minor changes in the platted PUD may be authorized by the planning commission upon a review of a proposed amended subdivision plat, incorporating such changes, so long as substantial compliance is maintained with the outline development plan and the purposes and standards of the PUD provisions hereof. The proposed amended subdivision plat shall then be submitted and approved in accordance with the subdivision regulations. Changes which would represent a significant departure from the outline development plan shall require formal abandonment and the subsequent filing of a new application for a planned unit development.

   H.   Abandonment: Where a planned unit development has been processed, its abandonment shall require the city council's approval, after recommendation by the planning commission, of an application for amendment to the zoning map repealing the supplemental designation of PUD. Where the planned unit development subdivision plat has been recorded, its abandonment shall also require the vacation of the plat. (1991 Code § 16-19-970)

   A.   Authorization: A planned unit development may be authorized upon compliance with all of the general provisions of this section.

   B.   Location: A planned unit development shall be permitted in any district except an AG agriculture district and RE residential estate district.

   C.   Minimum Site Size: The minimum size of the site upon which a planned unit development shall be located shall be as follows:

      1.   Not less than two (2) acres in size for residential development.

      2.   Not less than five (5) acres for commercial or office development.

      3.   Not less than twenty (20) acres for industrial, educational, medical and other types of institutional development.

   D.   Design Characteristics: The proposed planned unit development shall be designed to provide for the unified development of the area and in accordance with the spirit and purposes of the district in which the unit is located. The design may provide for modification of yard, setback, and height requirements, but the density, intensity of use, and coverage requirements for the district, and the minimum dimensions established for the design of courts shall not be modified. (1991 Code § 16-19-920)

   E.   Time Limit: The construction of the planned unit development shall be started within two (2) years of the effective date of approval of the planned unit development subdivision plat. Failure to begin the development within said two (2) years shall automatically void the development plan requiring vacation of the plat. The developer shall be notified, in writing, of the expiration of approval within twenty five (25) days from the expiration date by the office of the building inspector; or by the office of the city clerk. Action shall be taken by the planning commission and the city council to amend the zoning map to repeal the PUD designation, and the land shall remain in the same zoning classification which existed immediately preceding the approval of the planned unit development. Failure to file a plat, after approval, for a supplemental PUD designation within two (2) years shall relinquish the supplemental PUD designation. (1991 Code § 16-19-920; amd. Ord. 2013-3, 2-12-2013)

   F.   Homes Association: A homes association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities including streets, drives, service and parking areas, and recreation areas. When required, the owner(s) shall establish a homes association in accordance with the requirements and procedures outlined by the planning commission and city council.

   G.   Review And Approval; Covenants: In every instance, the PUD shall be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this section. No modification of use or bulk area requirements of the applicable general use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this section is submitted and approved in accordance with the subdivision regulations; and in addition to the requirements of the subdivision regulations, shall include such covenants as will reasonably ensure the continued compliance with the approved outline development plan. In order that the public interest may be protected, the city shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the city may enforce compliance therewith. After the plat is approved in accordance with the subdivision regulations, it shall be filed of record in the office of the county clerk of the county in which the property is located. (1991 Code § 16-19-920)

The following uses are permitted in various types of planned unit developments:

   A.   Residential:

      1.   Principal Uses: When located within an RS, RD, or RM district, the development may consist of one or more of the dwelling types contained in use unit 6, single-family dwelling; use unit 7, two- family dwelling; and use unit 8, multi-family dwelling and similar uses. When located within an RMH district, the development may consist of one or more of the dwelling types contained in use unit 6, single-family dwelling; use unit 7, two- family dwelling; and use unit 8, multi-family dwelling. The uses other than dwellings which are permitted by right or exception in the RS districts may be included within a PUD, if such uses do not occupy more than ten percent (10%) of the gross area of the PUD and are designed and located so as to be compatible with the residential uses of the PUD and with the residential use of adjacent properties.

      2.   Accessory Uses: Accessory uses customarily incident to the principal uses included within the PUD are permitted and shall comply with the accessory use conditions of that district or districts in which it is located, except as provided below for accessory commercial facilities. Accessory signs shall comply with the provisions of the residential districts except as hereafter provided for accessory commercial uses. Within a PUD, accessory commercial facilities may be included within the PUD in accordance with the following standards:

         a.   The commercial uses shall be limited to the uses contained in use unit 12, eating places other than drive-ins, and use unit 13, convenience goods and services.

         b.   The aggregate floor area of the commercial facilities shall not exceed fifty (50) square feet per dwelling unit nor a total of thirty thousand (30,000) square feet.

         c.   Each commercial establishment shall be limited to a maximum of three thousand five hundred (3,500) square feet of floor area.

         d.   Commercial signs shall be limited to one nameplate of not more than sixteen (16) square feet for each establishment. Nameplates shall be attached flat against a building wall and shall not be animated, flashing, or have other than indirect illumination. Window signs shall not be permitted.

         e.   The commercial area shall be designed primarily for the service, convenience, and benefit of the residents of the PUD and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties.

   B.   Commercial Or Office: In commercial, office or combination commercial and office planned unit developments, the permitted uses are the same as those for the use units which are permitted by right in the district or districts in which the PUD is located.

   C.   Industrial, Educational, Medical And Other Types Of Institutional PUDs:

      1.   In industrial planned unit developments, the permitted uses are the same as those for the use units which are permitted by right in the district or districts in which they are located.

      2.   In medical planned unit developments, the permitted uses are the same as those for the use units which are permitted by right in the office district or districts in which they are located.

      3.   In educational and other institutional planned unit developments, the uses permitted consist of the principal educational or institutional use and accessory use necessary in the accomplishment of the principal use.

      4.   An educational or institutional PUD may contain residences of one or more dwelling types permitted in the RM-2 district; provided, that they are supplemental to principal uses and used as student dormitories, patient housing or employee housing (of those employees whose job responsibilities require they live on the premises). The number of permitted dwelling units shall be governed by subsection 11-10-5B of this chapter. Accessory commercial uses are allowed and shall be governed by subsection A2 of this section. (1991 Code § 16-19-930)

   A.   Lot Width And Lot Area Minimum: Within a PUD, a minimum lot size requirement of two thousand four hundred (2,400) square feet shall apply to townhouse lots utilized for dwelling purposes. A minimum townhouse lot width requirement of twenty feet (20') shall apply to lots utilized for dwelling purposes.

   B.   Number Of Permitted Dwelling Units:

      1.   It is the intent of this chapter that the aggregate density and intensity of use within a residential PUD remain the same as that which would be permitted if the area were developed conventionally, but that within the PUD the permitted number of dwelling units may be reallocated irrespective of use district lines or lot lines. The maximum number of permitted dwelling units within a residential PUD shall be computed as follows:

Residential area of permitted DUs = the PUD divided by minimum land area per DU permitted in the applicable use district.

      2.   The residential area for the purposes of the above described computation shall be the gross area of the PUD less the lot area or areas designated for any use other than dwellings, quasi- dwellings, residential open space and recreation areas. The minimum land area per dwelling unit for the purposes of the above described computation shall be the least restrictive minimum land area per dwelling unit permitted in the applicable district as set forth in chapters 4, 5, 6, and 7 of this title. Each six hundred (600) square feet of a quasi-dwelling, such as a care home, shall constitute a dwelling unit. If the PUD is within two (2) or more use districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the residential area within each district.

   C.   Livability Space: Within a residential PUD, livability space shall be provided in an aggregate amount of not less than the amount of livability space required by the applicable use district for conventional development of a comparable number of dwelling units. Required livability space may be provided on the lot containing the dwelling unit or units on which computed, or in common areas. Common livability space shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common livability space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of subsection 11-10-2E of this chapter.

   D.   Building Height: Within a PUD, there shall be no maximum height.

   E.   Yards: Within a PUD, there shall be no minimum yards, except as provided within section 11-10-6, "Perimeter Requirements", of this chapter. (1991 Code § 16-19-940)

The building setback from the exterior boundaries of the PUD shall not be less than the minimum yards customarily required for the district or districts in which located; provided, that within two hundred feet (200') of any abutting property in an RE and RS classification, structures containing more than two (2) dwelling units and exceeding fifteen feet (15') in height measured from the ground floor to the top of the top plate shall be set back twenty five feet (25'), plus two feet (2') of setback for each one foot (1') of building height exceeding fifteen feet (15') measured from the ground floor level to the top of the top plate. Unenclosed off street parking areas, containing six (6) or more spaces, shall be screened from adjoining RE and RS districts by erection of a screening wall or fence along the lot line or lines in common with the RE and RS districts; provided, that if the parking area is located more than fifty feet (50') from the RE and RS districts, the screening requirement shall not apply. (1991 Code § 16-19-950)

Off street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of chapter 12 of this title. Required spaces may be provided on the lot containing the dwelling units for which it is intended to serve or in common areas. Common parking area shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common parking space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of subsection 11-10-2E of this chapter. (1991 Code § 16-19-960)

Any person aggrieved may appeal the final action of the city council on a proposed PUD outline development plan, or on a proposed subdivision plat which incorporates the provision of the PUD, to the district court by filing with the city clerk within ten (10) days after the action a notice of appeal stating the grounds thereof. There shall be no right of appeal to the district court from any act of the planning commission taken in its recommending or advisory capacity to the city council. (1991 Code § 16-19-980; amd. Ord. 2013-3, 2-12-2013)

   A.   Definitions: The following definitions shall apply to this section:

ADMINISTRATOR: Any person or persons having the authority to approve building or site plans or issue development permits in the city of Skiatook.

FACADE: The front exterior of a building, typically facing the primary street. Corner buildings may have two (2) front facades.

OVERLAY DISTRICT: The application of an additional layer of development standards, regulations or exceptions that modifies existing land use regulations. It acts as a supplement to the underlying zoning designation.

SIDE ELEVATION: The side of any building or structure, typically not facing a public street.

WAINSCOT: A decorative building material applied to lower portions of an exterior wall.

   B.   Purpose:

      1.   Ensure the corridor is aesthetically pleasing and develops in a coordinated fashion.

      2.   Protect an area that represents a significant opportunity for business and commercial investment, important to the long term economic health of Skiatook.

      3.   Ensure the Skiatook downtown area is protected from unattractive architecture that could negatively impact its charm and character.

      4.   Protect the investment of existing and new businesses from unattractive architecture.

      5.   Promote higher property values.

   C.   SH-20 Corridor Overlay District Designated: The district impacts all lots having frontage on SH-20 between a point beginning at the intersection of SH-11 and SH-20 westward to a point approximately 1/4 mile west of the intersection of SH-20 and N. 52nd W. Ave. Said lots meeting these criteria shall be subject to the standards outlined in this section. The district is depicted in figure 11-10-9.1 of this section and is defined on the official zoning map. The overlay covers an area slightly larger in the original town area of Skiatook, between B Street on the east and the Tulsa/Osage County line on the west. This area is governed by an additional set of standards described in subsection M of this section.

 

   FIGURE 11-10-9.1

   SH-20 OVERLAY DISTRICT

 

   D.   Permitted Uses: The base zoning districts of parcels fully or partially within the designated overlay district shall not be affected. All applicable regulations for use, yard, area, lot dimensions, utility placement, etc., shall be those specified for each zoning district, including any planned development stipulations.

   E.   Application: Commencing on the date of the adoption hereof, these overlay district standards shall apply to the following:

      1.   All new construction of buildings or structures for parcels zoned OL, OM, CS, CG, CH, IL, IM, and IH, or those within planned developments containing said uses.

      2.   All exterior building improvements requiring a building permit.

   F.   Nonconforming Structures: Any building or structure that lawfully exists at the time this section is enacted, which would not otherwise be permitted under this section, may be continued in the same manner as it existed before the effective date hereof. Any future construction, additions, reconstruction, or renovations shall be subject to the requirements of this section.

   G.   Single-Family And Multi-Family Residential: These regulations shall not apply to parcels zoned RE, RS, RD, RM, RMH, or those within planned developments containing said uses. These uses may continue in perpetuity until such time as they may be redeveloped or rezoned for a use described in subsection D of this section.

   H.   General Requirements:

      1.   All development shall follow city of Skiatook procedures and requirements described in chapter 2, "General Zoning Provisions", of this title except as noted in this section.

      2.   Architectural drawings shall be submitted to the community development department at the time the application for a building permit is made. These drawings shall depict architectural details that consist of:

         a.   Renderings or drawings of building elevations that clearly define the exterior building materials to be used to indicate compliance with this section. The administrator shall review the proposed exterior building materials for compliance of this section prior to issuance of a building permit.

   I.   Building Facades:

      1.   Blank featureless facades shall not be permitted along any exterior wall facing SH-20 or other public street within the overlay district.

      2.   Metal may not be used as the primary building material on the front facade of any structure facing SH-20, but may be used as an accent material comprising no more than ten percent (10%) of the total area of the facade. Exterior building materials shall include brick, split faced concrete block, stone, stucco, synthetic stucco, cement board or wood siding. Exterior insulation and finish systems (EIFS) may be used but must be accompanied with another approved material.

      3.   The front one-third (1/3) of any building side elevation shall use similar materials as the front facade. Metal may be used on the remaining portion of the building side (figure 11-10-9.2 of this section).

      4.   Masonry materials may be used as a wainscot along the entire building side elevation as an option to the front one-third (1/3) requirement. The wainscot must be at least three feet (3') in height.

      5.   In the case of flat faced buildings not using a pitched roof, a parapet wall is required along the front facade and along the front one-third (1/3) of any building side to screen rooftop equipment. The parapet wall shall utilize material that is similar to that of the facade and be of sufficient height to screen rooftop equipment (figure 11-10-9.2 of this section). Metal may not be used as the exterior material for the parapet wall.

      6.   Roofs may utilize metal material.

      7.   Metal may be used as an accent material for awnings or sheltering elements for pedestrians (figure 11-10-9.2 of this section).

   FIGURE 11-10-9.2

   TYPICAL FRONT FACADE

   J.   Corner Lots: If any building is located on a lot or parcel with a second frontage on a public street other than SH-20 (figure 11-10-9.3 of this section), then both sides of the building shall have an equally detailed facade as described in subsection I of this section.

 

   FIGURE 11-10-9.3

   CORNER BUILDING TREATMENT

 

   K.   Building Entrances: Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Said elements may be constructed out of metal. Public entrances flush with the building wall with no cover are not allowed (figure 11-10-9.4 of this section).

   FIGURE 11-10-9.4

   BUILDING ENTRANCE

 

 

   L.   Multiple Buildings In Commercial Centers: In order to ensure unity between all buildings in a commercial development consisting of more than one building, all buildings in such a development, including pad site buildings, shall employ a consistent architectural style or theme, be constructed of similar exterior materials, and feature similar colors. Design criteria for large and multi-phase developments shall be provided for review.

   M.   Original Town Area: A special set of criteria has been established for buildings that reside in the "original town area" of Skiatook, which for purposes of this section are defined as parcels within an area between the Tulsa/Osage County line on the west and North B Street on the east. The general area is illustrated in figure 11-10-9.5 of this section.

   FIGURE 11-10-9.5

   ORIGINAL TOWN AREA DEFINED

 

      1.   Standards: Within the original town area the following standards shall apply:

         a.   Metal may not be used on the front facade or side elevation of any building. This includes awnings, porticoes, shelters, or similar features.

         b.   Metal is permitted on the back side of the building in the service areas only.

         c.   Brick shall be the preferred building material and shall match or approximate that of adjoining structures in color and texture when possible. The administrator may vary this requirement in certain situations, so long as the intent of this section is maintained.

      2.   Exemptions: Buildings on the national historical register shall be exempt from the provisions of this section that conflict with requirements for maintaining the building's integrity as a historical building.

   N.   Wall Articulation: In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty feet (50') in length shall incorporate two (2) or more of the following features at least every fifty feet (50') in length (figure 11-10-9.6 of this section):

      1.   Changes in color, graphical patterning, changes in texture, or changes in material.

      2.   Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12").

      3.   Windows and fenestration.

      4.   Gable projections.

      5.   Horizontal/vertical breaks.

      6.   Other similar techniques.

The administrator may approve variations or alternate treatments, so long as the intent of this section is met.

   FIGURE 11-10-9.6

   WALL ARTICULATION

 

 

 

   O.   Commercial Drive-Through Lanes: Drive-through facilities associated with commercial uses shall be architecturally integrated with the building.

   P.   Screening Of Refuse Collection And Loading Areas: Refuse areas shall be screened in order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Nonenclosed service, storage, and off street loading areas shall be screened with opaque sight obscuring walls and/or fences of between six feet (6') and eight feet (8') in height made of durable materials. (Ord. 2015-07, 6-30-2015)

   A.   Definitions: The following definitions shall apply to this section.

ACCESSORY USES OR STRUCTURE: A structure or use that:

      1.   Is subordinate in area, extent, and purpose to the principal use;

      2.   Contributes to the comfort, convenience, or necessity of the principal use; and

      3.   Is located on the same lot and in the same zoning district as the principal use.

ADMINISTRATOR: Any person or persons having the authority to approve building or site plans or issue development permits in the City of Skiatook.

FACADE: The front exterior of a building, typically facing the primary street. Corner buildings may have two (2) front facades.

OVERLAY DISTRICT: The application of an additional layer of development standards, regulations or exceptions that modifies existing land use regulations. It acts as a supplement to the underlying zoning designation.

TREE, ORNAMENTAL: A small to medium tree, growing to a mature height of fifteen feet (15') to forty feet (40') and characterized by specific aesthetic qualities, such as colorful flowering, interesting bark, or brilliant fall foliage.

TREE, SHADE: A large tree growing to a height of forty feet (40') or more at maturity, usually deciduous, and characterized by its ability to provide shade.

   B.   Purpose:

      1.   Ensure the corridor is aesthetically pleasing and develops in a coordinated fashion;

      2.   Protect an area that represents a significant opportunity for business and commercial investment, important to the long term economic health of Skiatook;

      3.   Protect the investment of existing and new businesses from unattractive architecture;

      4.   Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non- compatible uses; and

      5.   Promote higher property values.

   C.   SH-20 Corridor East And U.S.-75 Overlay District Designated: The SH-20 East and U.S.-75 Overlay District (district) covers an area five hundred feet (500') either side of the center line of SH-20 from SH-11 to U.S.-75 and one thousand feet (1,000') westward from the centerline of U.S.-75 from 186th St. N to 126th St. N and from the on and off ramps at SH-20. Said lots and/or structures falling within this area shall be subject to the standards outlined in this section. The district is depicted in figure 11.10.1 of this subsection and is defined on the official zoning map.

   FIGURE 11.10.1

   D.   Permitted Uses: The base zoning districts of parcels fully or partially within the designated overlay district shall not be affected. All applicable regulations for use, yard, area, lot dimension, utility placement, etc., shall be those specified for each zoning district, including any planned unit development stipulations. Where any of the above regulations conflict with those of the district, the more restrictive shall apply.

   E.   Prohibited Uses: The following uses shall be prohibited in the district.

   TABLE 11.10.1

   PROHIBITED USES IN THE DISTRICT

Animal and poultry raising.

Asphalt/concrete batching plant.

Casino/gaming center.

Cemetery.

Cesspool cleaning.

Chick hatchery.

Concrete construction service.

Drag strip.

Fuel oil sales (not including gas station or convenience store).

Halfway house.

Juvenile delinquency center.

Landfill.

Mini-storage warehouse1 (unless submitted as a PUD).

Oil well drilling and cleaning establishment.

Outdoor kennel (not part of a veterinary or grooming business).

Outdoor storage of any kind as the principal use.

Portable building sales.

Power plant.

Pre-release center.

Race track (animal or vehicle).

Sexually-oriented business.

Shooting range (outdoor).

Note:

       1.    Mini-storage facilities shall be approved with a PUD and shall include a retail commercial component with the facility. The PUD shall employ all other aspects of this section, plus any additional the Administrator or City Council deems appropriate.

   F.   Application: Commencing on the date of the adoption of this section, these overlay district standards shall apply to any of the following situations.

      1.   All new construction of buildings or structures within parcels zoned OL, OM, CS, CG, CH, IL, IM, and IH, or those within planned developments containing uses found in these zoning categories.

      2.   Any exterior building improvement requiring a building permit where more than twenty percent (20%) of the structure is being altered in facade or building area.

      3.   All uses requiring an approved site plan.

   G.   Non-Conforming Structures: Any building or structure that lawfully exists at the time this section is enacted, which would not otherwise be permitted under this section, may be continued in the same manner as it existed before the effective date of this section. Any future construction, additions, reconstruction, or renovations shall be subject to the requirements of this section.

   H.   Single Family And Multi-Family Residential: These regulations shall not apply to parcels zoned RE, RS, RD, RM, RMH, or those within planned unit developments (PUDs) containing uses found in these zoning categories. These uses may continue in perpetuity until such time as they may be redeveloped or rezoned for a use described in subsection F1 of this section.

   I.   Properties Outside Of The City Limits: The district covers areas that are currently outside of Skiatook City limits. Unless these properties are annexed into Skiatook City limits, they shall not be required to comply with the regulations of this chapter. If annexed, these properties shall be subject to the regulations set forth in this chapter. If the subject property lies outside of Skiatook City limits the county regulations in which the property lies shall apply.

   J.   Previously Approved Projects Or Developments: Any project or development that was approved or had plans submitted prior to the effective date of this Code, shall not be required to comply with these regulations. Previous approvals shall remain valid unless the approval date lapses or unless changes are made to the previous approvals. This shall refer to site plans, building plans or planned unit developments (PUDs) submitted prior to the effective date of the district, and they shall only be required to comply with the zoning regulations in effect at that time. An approved plat shall not constitute approval of a project. The Administrator shall determine if a project meets these criteria.

   K.   General Requirements:

      1.   All development shall follow City of Skiatook procedures and requirements described in chapter 2, "General Zoning Provisions", of this title, except as noted in this section.

      2.   In addition to the required site plan, architectural drawings and landscape plans shall be submitted to the Community Development Department for review. These drawings shall depict details that consist of:

         a.   Renderings or drawings of building elevations that clearly define the exterior building materials to be used to indicate compliance with this section. The Administrator shall review the proposed exterior building materials for compliance of this section prior to issuance of a building permit.

         b.   A landscape plan showing the placement and type of plant material proposed and method of irrigation. Subsection M of this section details the requirements of the landscape plan submittal.

   L.   Building And Site Design Requirements: This section is intended to promote high standards in architectural design and creative, innovative, aesthetically pleasing structures. The City's goal is to create and maintain a positive ambiance and community image and identity by providing for building design treatments that shall enhance the visual appearance of applicable development, improve the quality of life in the City while maintain high property values.

The provisions of this section shall apply to all development, renovation, or redevelopment of non-residential structures. Other than the allowances for metal, exterior building materials shall include brick, split-faced concrete block, stone, stucco, synthetic stucco, cement-board or wood siding. Exterior Insulation and Finish Systems (EIFS) may be used but must be accompanied with another approved material.

      1.   Front Facade: Any side of a building facing a public right-of- way shall be considered a front facade. The front facade of buildings within a Commercial or Office District may only contain a maximum area of ten percent (10%) metal. For buildings in Industrial Districts metal may comprise a maximum of one-third (1/3) of the total front facade.

      2.   Building Sides: For buildings within Commercial or Office Districts the sides of the building shall be at least one-third (1/3) brick, glass, split face block, rock, wood, or material other than metal. In computing the area for each wall, the portion of the wall containing windows, window frames, doors, and signs shall not be considered a non-metal material. For industrial buildings, metal may comprise three-quarters (3/4) of the total side facade, unless said side faces a public or private street or residential use (future or current). Then, only one- third (1/3) of that side may be metal (see figure 11.10.2 of this subsection).

   FIGURE 11.10.2

   FACADE COVERAGE

 

      3.   Building Rear: The rear facade of a building in a Commercial or Office District may be completely comprised of metal unless said side faces a residential use (future or current), then it shall be at least one-half (1/2) brick, glass, rock, wood, or material other than metal.

      4.   Rooftops: Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Eaves a minimum of one foot (1') from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low-reflectivity metal (flat or matte finish). Applied mansard roofs shall not be permitted.

      5.   HVAC Equipment: Rooftop HVAC equipment shall be screened on all sides with a parapet wall, screening box, or combination thereof (see figure 11.10.3 of this subsection). Ground mounted equipment shall be screened from view from any public street and residential areas with fencing, landscaping or combination thereof.

   FIGURE 11.10.3

   MECHANICAL EQUIPMENT SCREENING ON ROOFS

      6.   Awnings And Canopies: Metal may be used as an accent material only or for awnings or sheltering element for pedestrians.

      7.   Wall Articulation: In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty feet (50') in length shall incorporate two (2) or more of the following features at least every fifty feet (50') in length (see figure 11.10.4 of this subsection):

         a.   Changes in color, graphical patterning, changes in texture, or changes in material.

         b.   Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12").

         c.   Windows and fenestration.

         d.   Gable projections.

         e.   Horizontal/vertical breaks.

         f.   Other similar techniques.

The Administrator may approve variations or alternate treatments, so long as the intent of this section is met.

   FIGURE 11.10.4

   WALL ARTICULATION

      8.   Building Entrances: Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Said elements may be constructed out of metal. Public entrances flush with the building wall with no cover are not allowed (see figure 11-10.5 of this subsection).

   FIGURE 11.10.5

   BUILDING ENTRANCE

 

      9.   Outdoor Storage Areas: Outdoor storage areas shall be screened from view from any public street and any adjacent residential areas. Methods of screening can be with vegetation or a minimum six foot (6') opaque fence. The Administrator may require a higher fence or alternative screening methods if the situation warrants.

      10.   Outdoor Display Areas: Outdoor display areas shall be clearly displayed on a site plan and shall not take up necessary parking. In all districts where the outside display of merchandise for sale is permitted, such display shall be allowed only as an accessory use to the primary use on the same lot or tract of land. In districts where the outside display of goods is permitted, such display shall conform to all of the following requirements:

         a.   Where outside display is located adjacent to a building, an unoccupied area of not less than four feet (4') in width shall be provided for pedestrian access between any outside display and vehicle overhang areas of any adjacent parking lot;

         b.   In no instance shall outside display of merchandise be located within, nor encroach upon, a fire lane, maneuvering aisle, unimproved surface, or landscaped area;

         c.   Outside display shall be situated so as not to create a visibility obstruction to moving vehicles within a parking lot;

         d.   The area devoted to outside display shall not exceed five percent (5%) of the total floor area of the building occupied by the use to which such outside display is accessory;

         e.   Outside display shall not block or impede access to a fire connection;

         f.   Outside display shall be prohibited in any right-of-way except where allowed by a license agreement with the City; and

         g.   Any parking stalls covered by outdoor display areas shall not be included in the parking calculations for the proposed use.

      11.   Screening Of Refuse Collection And Loading Areas: Refuse areas shall be screened in order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Refuse collection areas shall utilize materials that complement the main buildings on the property. Non-enclosed service, storage, and off-street loading areas shall be screened with opaque sight-obscuring walls and/or fences of between six feet (6') and eight feet (8') in height made of durable materials. If wood fencing is used, galvanized metal poles shall be used. Dumpster enclosures shall include an opaque latchable gate.

      12.   Multiple Buildings In Commercial Centers: In order to ensure unity between all buildings in a commercial development consisting of more than one building, such a development shall employ a consistent architectural style or theme, be constructed of similar exterior materials and feature similar colors.

      13.   Commercial Accessory Structures: Accessory structures, including bank teller machines, placed in parking lots shall meet the following requirements:

         a.   A site plan shall be submitted indicating the location, size, and height of the structure. The Administrator shall have the responsibility of approving the use or structure;

         b.   Architectural or shop drawings shall be submitted for review;

         c.   For structures in excess of one hundred (100) square feet, materials and color shall complement the main structure(s) on the property;

         d.   All exposed cooling units, compressors, machinery, etc. (including rooftop units) shall be screened on all four (4) sides;

         e.   Structures shall be placed behind the front setback;

         f.   Any water discharged from the operation of condensing or similar units shall not drain into parking areas or sidewalks. Said discharge must drain into a grass or landscaped area or in a storm drain;

         g.   No petroleum waste or by-products shall be disposed of or discharged as part of the operation of the use. If said waste is discovered it shall be cleaned up, removed immediately, and disposed of properly. Repeated violations may result in the termination of the use on the property;

         h.   Structures shall not block drive aisles, take up required parking, or create visibility issues for motorists or pedestrians;

         i.   All signage in conjunction with the proposed use must meet requirements set forth in this title;

         j.   All required permits (e.g., plumbing, electrical) shall be obtained for the operation of the structure; and

         k.   Recycle bins and donation bins (for clothing, toys, or other merchandise) shall be located within fifteen feet (15') of the principal structure and are prohibited in the front setback, and shall not take up any parking spaces. These uses should be placed in the utility or refuse area behind the principal structures. Donation bins shall not be placed without the express permission of the property owner.

      14.   Commercial Drive Through Lanes: Drive-through facilities associated with commercial uses shall be architecturally integrated with the building.

   M.   Landscape Plan:

      1.   Standards: A landscape plan is required for all new developments within the district. The following standards shall apply to all areas where landscaping is required:

         a.   Required landscaping shall not include artificial plants or trees or other artificial vegetation;

         b.   Landscape areas shall be kept free of trash, litter, and weeds;

         c.   All Landscape Plans shall be reviewed by the Administrator as part of the site plan review process. Upon completion of the review, the Administrator shall:

            (1)   Approve the Landscape Plan as complying with the requirements of this section and rules and regulations;

            (2)   Approve the Landscape Plan with conditions that bring it into compliance with the requirements of this section and rules and regulations; or

            (3)   Reject the Landscape Plan as failing to comply with the requirements of this section.

      2.   Landscape Plan Requirements: Landscape Plans shall accompany any application for site plan approval and be submitted in conformance with the requirements listed below. The Landscape Plan shall include:

         a.   The date, scale, north arrow, project name, and the name of the owner and designer;

         b.   The location of property lines and dimensions of the tract;

         c.   Existing and proposed utility easements, and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot;

         d.   The location, size, and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscaped areas;

         e.   Planting details and/or specifications; and

         f.   A description of the type of irrigation system to be used and, if necessary, drawings of such system.

      3.   Installation Timeline: With the exception of trees, all required landscaping materials shall be installed and approved prior to the issuance of a final Certificate of Occupancy (C/O). The installation of landscape material may be delayed up to but no greater than ninety (90) days due to seasonal weather, provided that a signed letter from the applicant is submitted stating the date when the planting will be completed.

      4.   Violations: Failure to maintain required landscaping, to replace dead or destroyed plant material as part of the approved Landscape Plan, or to adhere to an approved Landscape Plan shall constitute a zoning violation subject to any and all remedies set forth in chapter 14, "Administration And Enforcement", of this title.

      5.   Street Yard: Street trees shall be provided along any public street out of the right-of-way within the district. If possible street trees shall be placed out of utility easements and out from under overhead power lines. If said trees cannot be planted outside of utility easements, then they shall be planted at least five feet (5') from buried utility lines. Trees may be planted in the following methods.

         a.   Tree Requirements: Within the street yard, one shade tree shall be planted for every fifty (50) linear feet. The number of required trees shall be calculated based on the linear frontage of the required street yard, inclusive of driveways, and shall be rounded to the nearest whole number. Trees may be grouped together or evenly spaced in the street yard. In the event that overhead power lines are present that would interfere with the growth of a shade tree, the applicant may exchange them with ornamental trees at a two (2) to one ratio.

      6.   Interior Parking Lots: Landscaped areas shall be established and maintained in off-street parking areas as follows:

         a.   At least one shade tree and four (4) shrubs shall be planted for every fifteen (15) parking spaces;

         b.   The number of required trees and shrubs shall be rounded up to the nearest whole number. Landscape material shall be planted in islands inside the parking lot or within fifteen feet (15') of the edge of the back of the curb around the perimeter of the parking lot, but shall not be placed in the area for required street trees required in subsection M5 of this section.

      7.   Buffer Yards: Buffer yards are intended to ensure that an area of appropriate size and density of plantings is planted or preserved between incompatible zoning districts and/or uses. Buffer yard widths shall be measured from the respective property line, except where buffer yards are permitted to straddle property lines, as set forth in subsection M9, "Reductions In Required Buffer Yard Permitted", of this section. Where buffer yards turn at property corners, the length measurements determining plant quantities shall not be required to overlap.

         a.   Commercial And Office Uses: Commercial and office uses that are adjacent to a Residential District or residential use shall provide a landscaped buffer of at least ten feet (10') in width within the non-residential property. Any commercial or office use that abuts a single-family or two-family development shall provide a screening fence or wall at least six feet (6') in height along the entire property frontage abutting the residential use. In addition to the fencing, the buffer shall provide landscaping utilizing one of the following methods:

            (1)   One large evergreen tree plus one large shade tree or two (2) ornamental trees for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot.

         b.   Industrial Uses: Whenever an Industrial zoned use is proposed adjacent to property with residential use, the industrial use shall provide a landscaped buffer of at least twenty feet (20') in width within the non-residential property. Any non-residential use that abuts a single-family or two-family development shall provide a screening fence or wall at least eight feet (8') in height along the entire property frontage abutting the residential use. The buffer shall provide landscaping utilizing the following method:

            (1)   One medium to large evergreen tree and one large shade tree for every thirty (30) linear feet or portion thereof of adjacent exposure to the adjoining lot.

      8.   Standards For Buffer Yard Development: The construction of any building or the placement of any mechanical equipment within the landscape buffer yard is not permitted except for equipment necessary for the provision of utilities.

      9.   Reductions In Required Buffer Yard Permitted: Where a dedicated buffer yard exists on an abutting property, a reduction or elimination in a buffer yard for a property to be developed may be approved by the Administrator subject to the following:

         a.   The adjoining property owners have provided a written agreement restricting the use of the dedicated buffer yard to uses provided for in this section;

         b.   Maintenance of the existing buffer yard is consistent with the requirements of this section; and

         c.   The "net" buffer yard satisfies the minimum buffer yard requirements of this section. The net buffer shall include the cumulative total for both required buffers.

      10.   Buffer Yard Application Toward Setback Requirement: Buffer yard areas shall be counted towards the required building setbacks.

      11.   Existing Fences: It is the responsibility of the developing property to provide the buffer yard. Existing perimeter fences that may be present in an existing single-family neighborhood, for example, do not relieve the developing property owner(s) from providing the required buffer yard. If existing fences are present on adjoining properties the fencing requirement may be waived, if the developing property owner can secure in writing letters from adjoining property owners supporting the continuance of the existing fence. However, this does not relieve the applicant from future repairs or maintenance should said fence be damaged or need replacement.

      12.   Specifications For Plant Material: The minimum allowable plant size for new installations shall be as set forth herein. Due to the variation between genus and species, the caliper or height necessary for newly installed plant materials may vary. As a general rule, the caliper or diameter of trees is typically described as the diameter breast height (dbh). The height of shrubs shall be a minimum of eighteen inches (18") as measured at ground level to the top of the densest portion of the top of the shrub or hedge.

         a.   Shade Trees: Shade trees shall measure a minimum two inches (2") in caliper dbh, and eight feet (8') to ten feet (10') in height at the time of planting.

         b.   Ornamental Trees: Ornamental trees shall measure a minimum one and a half inches (1.5") in caliper dbh for single-stem trees or one inch (1") in caliper dbh for multi-stem trees, and six feet (6') to eight feet (8') in height at the time of planting.

         c.   Shrubs: Shrubs planted for screening purposes (e.g., parking lot screening, ground mechanical equipment) shall measure eighteen inches (18") to twenty four inches (24") in height at the time of planting. Said shrubs shall form the required density to block visibility within three (3) years from the date of installation.

      13.   Landscape Maintenance: The applicant, property owner, and/or subsequent or successor owner and their agents, including tenants, shall be jointly and severally responsible for maintenance of all landscaping on the property in perpetuity as specified in this section. Spray or drip irrigation is required for all planting areas. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include but not be limited to mowing, edging, pruning, fertilizing, watering, weeding, and other activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other materials or plants not a part of the landscaping.

If after three (3) years following installation of required screening plant materials the plants have not formed an effective screen, or if an effective screen is not maintained, the Administrator or their designee may require that another type of screen be added or additional plantings be installed. Landscaped areas shall require protection from vehicular encroachment. The Community Development Director or their designee shall inspect all landscaping and no Certificate of Occupancy (C/O) or similar authorization will be issued unless the landscaping meets the requirements of this section.

All required plant material shall be maintained in a healthy, growing condition as is appropriate for the season. Plant materials which exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated. Dead plants shall be promptly removed and replaced within the next planting season after removal. If replacement is necessary, all plants and other non-living landscape materials shall be equal in size, density, and appearance as originally required at the time of the approval of the development permit.

   N.   Administrative Variances: The Administrator may vary certain requirements of this section for certain unique conditions as long as the intent and spirit of this title is maintained. (Ord. 2018-06, 12-11-2018)

   A.   Definitions: The following definitions shall apply to this section

 

   B.   Purpose:

      1.   Ensure the original Skiatook downtown area is aesthetically pleasing and develops in coordinated and consistent manner.

      2.   Protect an area that represents a significant opportunity for business and commercial investment, important to the long-term economic health of Skiatook.

      3.   Ensure the original Skiatook downtown area is protected from unattractive obtrusive architecture that would negatively impact its charm and character.

      4.   Help create an active, inviting streetscape devoid of clutter, with sidewalk-facing storefronts and entry's that are pedestrian friendly and easily accessible

      5.   Protect the investment of existing and new businesses.

      6.   Create a sustainable urban environment that maintains higher property values.

   C.   Gateway District Defined: The regulations outlined in this section shall apply to the geographic area depicted in Figure 11-10-11.1 and is defined on the official zoning map. The overlay covers much of the original town area of Skiatook and includes those properties depicted in Figure 11-10-11.1. The east boundary of the District is State Highway 11 (SH-11) and the west boundary is the Osage Prairie Trail, (see Figure 11-10-11.1 Gateway Overlay District).

   D.   Permitted Uses: Uses within all zoning districts are permitted except those within the RS, RD, IL and IH zoning districts. Residential with retail or an office use is permitted.

   E.   Application: Beginning from the date of the official adoption of this ordinance, all newly constructed buildings and structures, as well as any exterior modifications made to existing ones, within the boundaries of the Gateway Overlay District shall comply with the regulations outlined in this section.

   F.   General Requirements:

      1.   New structures and exterior renovations shall be architecturally compatible with the surrounding buildings.

      2.   All development except as outlined in this section shall follow City of Skiatook procedures and requirements described in Chapter 2, General Zoning Provisions, except as noted in this Section.

      3.   Renderings, drawings or sketches of building elevations shall be submitted to the Community Development Department for disbursement to the GDRC for any exterior improvements.

      4.   Exterior remodeling, including painting and miscellaneous repair work, for properties zoned RS, MF, and RD are exempt from the requirements of this section. Additionally, existing non-conforming residential uses are exempt from the requirements of this section.

   G.   Wall Articulation: Walls facing public streets shall not be featureless and flat, but shall be treated using any of the following methods:

      1.   Changes in color, graphical patterning, changes in texture, or changes in materials;

      2.   Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12");

      3.   Gable projections;

      4.   Horizontal/vertical breaks;

      5.   Other similar techniques;

   H.   Transparency: For new commercial and mixed-use construction, windows shall be used along the front facade of the building.

      1.   A minimum of fifty-percent (50%) of the ground-level front facade, within the range of two (2) to eight (8) feet above ground level, shall consist of transparent materials. Transparency includes window or door openings that allow views into and out of the interior of buildings {see Figure 11-10-11.2 transparency.

      2.   Not less than thirty percent (30%) nor more than fifty percent (50%) of the facade of each upper floor shall be transparent. Windows shall include obvious sills, heads, and other forms of framing.

      3.   Exterior renovations to existing buildings or structures shall not be required to install windows to meet the transparency requirements.

      4.   Multi-Family, residential buildings not fronting SH-20/WC Rogers are exempt from the transparency requirement.

   I.   Entry and Awnings: The main entry into the structure shall be located along at least one primary street frontage. If an awning or canopy is used to shelter the front entrance then the following standards shall apply.

      1.   Awnings shall be constructed of high-quality materials such as metal with a matte finish, canvas, vinyl-coated canvas or a material as otherwise approved by the GDRC.

      2.   Bubble, box, or shiny plastic awnings are prohibited.

      3.   Awnings shall be designed to be simple, compatible design, similar to typical buildings in the City.

      4.   Awnings shall not be installed so as to obscure significant architectural details of a building (see Figure 11.10-11.3, Placement of Awnings).

      5.   Awnings shall not be installed so as to extend across more than a single building or building module.

      6.   Solid color or two-color striped awnings are permitted. Corporate colors on awnings are permitted only if they are architecturally compatible with the building on which the awning is attached. Overly iridescent or fluorescent colors are prohibited.

      7.   See signage section J. for signs permitted on awnings.

   J.   Signage: This section addresses signage specific to the Gateway Overlay District. Signage within the District shall be architecturally compatible with the surroundings, fit the building scale and present an attractive streetscape view. Any signage not covered within this section is governed under Section 11.11.21 Business Signs and Outdoor Advertising.

      1.   Non-Permitted Signs. In addition to any signage regulated under Section 11-11-21, the following signs are specifically prohibited in the Gateway Overlay District.

         a.   Pole or Pylon Signs for properties having frontage along SH-20/WC Rogers between "B" Street and Osage Ave.

         b.   Snipe Signs (placed in a yard, nailed on poles or trees, affixed to a structure).

         c.   Billboards.

         d.   Feather Flags and Banners (Temporary or otherwise).

         e.   Changeable cop y, digital and electronic message, ani mated, or video signs or parts of sig ns are not permitted between Osage Av e. and "B" Street within the Gat eway Overlay District. Outside of the aforementioned area said signage shall be subject to the requirements of Section 11-11-21 D.

      2.   Permitted Signs: The following described signs are permitted in the Gateway Overlay District. All new proposed signage requires a sign permit submittal to the Administrator. All permitted signage must submit a sign permit to the Administrator.

         a.   Awning Signs. These types of signs are placed on the awning or canopy over a shopfront and allowed only on the vertical edge of an awning (flat face) or can be affixed vertically to a portico or roof type of awning. Signage is not allowed on the sides or top slope of an awning. Franchise logos specific to a company or business are permitted.

 

      b.   Projecting Signs. These types of signs are limited to individual structures and are not intended for advertising individual tenant spaces. Projecting signs are only allowed on buildings that have frontage on WC Rogers/SH-20. Projecting signs may be internally lit but must be at least 150 ft. from any property zoned RS. The 150 ft. distance requirement shall not apply for residential uses, such as loft apartments, within mixed use buildings.

 

         c.    Blade/Bracket Signs: Small projecting signs or bracket type signs are encouraged to be used for individual tenant spaces in a building and identifying the businesses for a pedestrian walking along the same side of the street as the business they seek or under a continuous rain canopy projecting from the building. They are typically found attached to the face of the building sometimes beneath the awning cover.

   1 Special and creative signs that have unique three-dimensional qualities which may have a greater thickness are subject to approval by the GDRC.

         d.   Wall Signs. Wall signs are signs that are flat against the facade consisting of individual letters applied directly to the building, or painted directly on the surface of the building. Wall signs are placed directly above the main entrance and often run horizontally on the buildings surface. Other buildings may have signage locations integrated into a decorative cornice or sign band along the top of the building. Wall signs do not protrude beyond the roof line or cornice of a building. Wall signs are intended to be seen from a distance and may also be accompanied with additional pedestrian scale signage.

 

         e.   Yard Signs. Yard signs can be installed on the porch or in the yard, sometimes in both locations, and are commonly seen on repurposed residential buildings used for commercial or office uses. These signs are not designed to catch the attention of fast-moving traffic but rather contribute to the overall aesthetic and ambiance of the District. These signs shall be placed out of the right-of -way.

 

         f.   Window Signs. Window signs are professionally painted consisting of individual letters and designs, applied directly to the inside of a window. Window signs are often repeated on storefronts with several divided openings; however, repetition should be done with great care to ensure that the entrance to the business is clearly marked. Window signs not visible from a public street shall not be counted.

 

         h.   Sidewalk Signs. Sidewalk signs shall provide secondary signage and may be used to announce daily specials, sales, or point to shops off of the sidewalk (i.e. a shop located in alley or along a paseo). Chaser lights or luminated signs are not permitted for sidewalks signs.

 

 

         i.   Flags. Decorative flags hung diagonally off the building face are permitted so long as they do not convey an advertising message. One (1) flag may be erected that says "open" or "closed" or may just have a graphic or colors. Flags shall be spaced a minimum of six feet (6') apart and shall have a dimension of no greater than six (6) square feet. A clearance of eight feet (8') shall be maintained from the lowest point of the flag with the ground. Said flags shall not require a permit. Two (2) flags allowed per tenant space or per building. American Flags are permitted and do not require a sign permit.

         j.   Building Directory Signs. Building directory signs are those used for the purpose of identifying first floor tenants that do not have outside building frontage or for upper floor tenants. Building dir ectory signs are allowed on the face of a building up to a maximum of six (6) sq uare feet.

      3.   Signs Not Requiring a Per mit. Certain signs not required to sec ure a permit are listed below.

 

      4.   Mural Signs. Mural signs shall be limited to only one wall, facade, face, or surface of a building and shall be approved by the GDRC on an individual basis. A sketch or graphic of the proposed sign shall be provided to the Administrator.

      5.   Miscellaneous Signs. Any sign not covered by this Section shall be approved by the GDRC on an individual basis and will be evaluated against the purpose of the Gateway overlay District.

      6.   Encroachment agreement. For signs or awnings that protrude into the public right- of-way or public sidewalk an encroachment agreement is required. The sign owner must provide a fully-executed encroachment agreement to the Administrator. As part of the encroachment agreement approval, each individual merchant desiring to utilize such signs, or, alternatively, the merchant's association or community development agency representing such merchants collectively, shall produce a form of surety (insurance) acceptable to the City, which protects the City or State from any liability resulting from injury or property damage caused by any such sign.

   K.   Building Setback: The maximum front building setback for residential buildings is 25' and 10' for commercial, office and mixed-use structures. All structures are allowed to build to the property line (zero setback) subject to approval from the Administrator.

   L.   Building Height: The maximum building height is 40 feet.

   M.   Commercial Drive Through Lanes: Drive-through facilities associated with commercial uses are not permitted between Osage Avenue and "B" Street.

   N.   Screening of Refuse Collection and Loading Areas: For all lots other than residentially zoned lots, refuse and service areas shall be located in alleys or behind the main structure. If not located within an alley, said areas shall be screened with walls and/or fences between six feet (69 and eight feet (89 in height made of durable materials. Metal panels are not permitted as screening material.

   O.   Rooftop Equipment: New rooftop equipment shall be screened with either a parapet wall or a screen box around the unit itself. Metal parapets are not permitted.

   P.   Overlay Administration and Authority: The Skiatook City Council shall appoint a Gateway Design Review Committee (GDRC) who shall have authority over the regulations within this section. Said committee shall consist of the following representatives:

      1.   A representative from the Chamber of Commerce

      2.   A representative from the Skiatook Economic Development Authority (SEDA)

      3.   The Administrator (City Planner or Community Development Director)

      4.   One (1) property owner within the District

      5.   One (1) at large citizen

   Q.   Approval and Review Process: All private and public construction projects, except for interior construction and remodeling, or exterior in-kind replacement work, are subject to review by the GDRC.

   R.   Certificate of Appropriateness: The Administrator shall issue a Certificate of Appropriateness (CA) for approved projects. The CA shall serve to grant approval for the proposed work.

   S.   Review Procedure: Applicants proposing improvements in the Gateway Overlay District shall follow the procedure outlined below.

      1.   Project Consultation. Before applying for an application, the applicant must schedule a meeting with the Administrator to discuss the review procedures and applicable standards for approval. This meeting is not intended for approval but shall provide the applicant with an overview of the application requirements and to identify any issues or opportunities related to compliance with the requirements of this Section.

      2.   Application Submittal. An application must be submitted to the Administrator and the applicant will be notified if the application is complete and has the necessary information for review by the GDRC. If the application lacks the necessary information, the Administrator shall notify the applicant what additional information is needed.

      3.   Review and Decision. The application is reviewed by the committee with a recommendation of approval or denial. If the application is denied, the reason shall be provided to the applicant outlining the needed corrective action. The applicant may resubmit the application with corrections. Once approved, the applicant may be required to get a building permit depending upon the nature of the work.

      4.   Timeline. Applications shall be reviewed and a decision of approval, denial or recommended changes shall be returned to the applicant within 14 business days of the submittal.

   T.   Submittal: All individuals proposing new signage, exterior color changes, front or side facade changes, or any other exterior alterations as described in this Section shall submit architectural drawings, renderings, or sketches showing the proposed improvements.

      1.   Materials

         a.   Brick, terra cotta, stone, prefabricated brick panels, glass, cement board siding, wood, or stucco are the preferred exterior materials required for new construction.

         b.   Architectural metal is permitted as an exterior material up to 20% of any building facade facing a street not having frontage on SH-20/WC Rogers. For buildings having frontage on SH-20/WC Rogers exterior metal is limited to 10% façade facing a street. Garage doors may be metal.

         c.   Metal is allowed as a roofing material so long as it is a matte or flat finish. Full metal may also be used for any side of the building not facing a street.

      2.   Information required. All submittals shall include the following applicable information:

         a.   Elevations showing of ail sides of the building visible from a street or alley;

         b.   Proposed construction materials to be used on each elevation;

         c.   Exterior paint colors to be used;

         d.   Architectural features proposed to be added;

         e.   Façade treatment;

         f.   New or replacement awnings;

         g.   Proposed signage.

   U.   Non-Conforming Structures: Any building or structure that lawfully exists at the time this Ordinance is enacted, which would not otherwise be permitted under this Ordinance, may continue in the same manner as it existed before the effective date of the Ordinance. Any new construction, additions, or exterior modifications subject to a building permit shall meet the requirements of this Section except as otherwise noted in 11.10.11 F.4. (Ord. 2024-03, 6-11-2024)