Skiatook City Zoning Code

The zoning districts set forth below are hereby established. The district symbol is in the column to the left.

 

(1991 Code § 16-12-200; amd. Ord. 2015-07, 6-30-2015; Ord. 2018-06, 12-11-2018)

   A.   Supplemental Districts Established: The supplemental districts set forth below are hereby established. The district symbol is in the column to the left.

 

 

   B.   Floodway Hazard Maps Adopted: In addition to the establishment of the FD Floodway Supplemental Zoning Districts, the City shall adopt by resolution maps of the corresponding flood hazard areas prepared by the City Engineer, or as prepared by the U.S. Corps of Engineers and confirmed by the City Engineer, or as prepared by a registered professional engineer and certified by the City Engineer, for each creek or tributary mapped in an FD Floodway Supplemental District. Such flood hazard boundary maps shall be made available for public inspection in the offices of the Skiatook planning commission, city engineer, and building inspections department. The following requirements shall be met before building permits are issued within a floodway fringe area, as depicted on said flood hazard boundary maps:

      1.   Permitted uses within the floodway fringe area will be those uses permitted in the respective general use district; provided, that after the effective date hereof, any building constructed, reconstructed, moved or altered shall have the lowest floor at least one foot (1') above the elevation of the 100-year frequency flood as recorded on the appropriate adopted flood hazard boundary maps.

      2.   Permitted uses shall conform to the bulk and area requirements of the use district in which located. (1991 Code § 16-12-201)

The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official zoning map of the city. The official zoning map shall be maintained by the building inspector or other designated officials and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the official zoning map or for any reference to the official zoning map. (1991 Code § 16-12-202)

District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the official zoning map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting street, alley or railroad rights of way, as the same were of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the board of adjustment. (1991 Code § 16-12-203)

No land or building shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, except as provided by chapter 13 of this title. In order to avoid undue hardship:

   A.   Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building, where a building permit was lawfully issued prior to the effective date of this title, and pursuant to such permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed nonconforming and may continue as regulated by chapter 13 of this title.

   B.   At any time within two (2) years after the effective date hereof, a building permit and zoning clearance permit may be issued or a use of land commenced in accordance with the terms and conditions of a special exception or variance granted by the board of adjustment prior to the effective date hereof. (1991 Code § 16-12-204)

A lot shall hereafter be divided into two (2) or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which located. (1991 Code § 16-12-205)

Within a lot containing more than one detached residential structure (except for the RE, RS and RD residential districts), no structure or portion thereof shall be permitted to locate a distance greater than five hundred feet (500') from a public dedicated street or public dedicated right of way. (1991 Code § 16-12-206)

No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of thirty feet (30') of frontage on a public street or dedicated right of way, except as provided for a substandard lot of record, a lot within an approved planned unit development, or a lot within an approved townhouse development. (1991 Code § 16-12-207)

Not more than one single-family dwelling may be constructed on a lot, except in the case of a lot which is within an approved planned unit development. (1991 Code § 16-12-208)

The following structures, except where preempted by other government regulations, shall not be subject to the height limitations of the districts in which they are located:

   A.   Farm buildings and structures.

   B.   Aerials, antennas, belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, masts, monitors, smokestacks, spires, towers (cooling, fire hose), and ventilators; provided, that they are not intended for human occupancy. (1991 Code § 16-12-220)

Except for fire protection and ambulance service, the lot area and width requirement of the zoning districts shall not apply to the uses included within use unit 4, public protection and utility facilities. (1991 Code § 16-12-230)

   A.   Compliance With Yard Requirements: Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building, for the purpose of complying with the provisions of this title, shall not be considered the yard for any other building, and yards provided for a lot shall not be considered the yard of any other lot.

   B.   Permitted Yard Obstructions: Obstructions are permitted in required yards as follows:

      1.   Cornices, canopies, eaves and similar architectural features may project not more than two feet (2') into a required yard.

      2.   Fire escapes may project not more than four and one-half feet (4 1/2*) into a required yard.

      3.   Fences, hedges, plant materials and walls may be located in any yard; provided, that on any corner lot on which a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sightlines of elevations between two feet (2') and six feet (6') above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty five feet (25') along said front and side lot lines and connecting the points so established to form a "sight triangle" on the area of the lot adjacent to the street intersection.

      4.   Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.

      5.   In the RE and RS residential districts, a detached accessory building or buildings may be located in a required rear yard, provided the building or buildings do not cover more than twenty percent (20%) of the area of the minimum required rear yard.

      6.   Swimming pools, tennis courts, patios, fallout and other protective shelters shall be located in the rear yard and shall have a minimum setback often feet (10') from any side or rear lot lines. However, the board of adjustment may, upon application and after public hearing, permit the aforementioned accessory uses in the front yard, provided:

         a.   The minimum front yard requirement is adhered to; and

         b.   A minimum setback of ten feet (1 O') from any side lot line is met.

      7.   Mobile home hitches.

      8.   Carports by special exception requiring board of adjustment approval.

      9.   Customary accessory structures, such as clotheslines, barbecue pits, and playground equipment.

   C.   Use Of Yard In R Districts: No inoperative or unlicensed motor vehicles shall be parked or stored within the front or exterior side yard in R districts. No vehicle shall be parked except on a hard surfaced area constructed of a dustfree all weather material. Within the RM-1 and RM-2 districts, not more than one vehicle shall be parked for each six hundred (600) square feet of area contained in a required front or exterior side yard. (1991 Code § 16-12-240; amd. Ord. 2024-02, 2-13-2024)

   A.   Building Setbacks: Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows:

      1.   If the proposed building is to be located more than two hundred feet (200') from an encroaching building, the proposed building shall conform to the front yard setback established for the district in which the proposed building is to be located.

      2.   If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard setback established for the district in which the proposed building is to be located.

      3.   If the proposed building is to be located within two hundred feet (200') of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average or setback of the two (2) nearest front corners of the encroaching buildings.

      4.   If the proposed building is to be located within two hundred feet (200') of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the front corner of the encroaching building.

   B.   Reduction Of Yard Or Setback: Provided, however, that in the application of subsection A3 or A4 of this section, the front yard or building setback shall not be reduced to less than five feet (5'), plus one-half (1/2) of the right of way width designated on the major street plan for the abutting street, or five feet (5'), plus twenty five feet (25'), if the street is not designated on the major street plan. (1991 Code § 16-12-240)

   A.   Specifications:

      1.   For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated.

      2.   When the provisions of this title require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:

         a.   Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation;

         b.   Shall not be less than six feet (6') in height;

         c.   Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance;

         d.   Shall be erected within thirty (30) days following the occupancy of the building or initiation of the use required to screen; and

         e.   Shall be of the type of materials compatible with the surrounding area.

   B.   Maintenance: The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the building inspector shall constitute an offense hereunder.

   C.   Modification Of Requirements: The board of adjustment, as a special exception, may:

      1.   Modify or remove the screening requirements where existing physical features provide visual separation of uses;

      2.   Modify the screening requirement where an alternative screening will provide visual separation of uses;

      3.   Grant an extension of time to erect a screen where properties which are to be benefited by the screen are undeveloped; and

      4.   Remove the screening requirement where the purpose of the screening requirement cannot be achieved. (1991 Code § 16-12-250)

For the purpose of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows:

For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to the planning commission for their review and recommendation, approved by the city council, and filed on record in the office of the county clerk where the property is situated. Provided, that the city council, pursuant to their exclusive jurisdiction of subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat. (1991 Code § 16-12-260)

The "city of Skiatook major street plan", referred to in this title as the "major street plan", as adopted by the city council on August 13, 1974, or as it may hereafter be amended by resolution, is hereby adopted by resolution and made a part hereof. (1991 Code § 16-12-270; amd. 2011 Code)

Every structure shall be set back from the centerline of an abutting street a horizontal distance of not less than one-half (1/2) of the right of way designated on the major street plan or twenty five feet (25') if the abutting street is not designated on the major street plan. (1991 Code § 16-12-280)

   A.   Conflict Of Interest: The mayor or any member of the city council, planning commission, or board of adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this title, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon.

   B.   Absences And Removal Of Members: When a member of the planning commission fails to attend three (3) consecutive regular or special meetings, or if a member fails to attend two-thirds (2/3) of the regular or special meetings held during any six (6) month period, the planning commission may request the Skiatook city council to replace that member. The planning commission may also request the city council to replace a member for the following reasons:

      1.   Actions and conduct unbecoming a public official of the city; and

      2.   Repeated acts and conduct detrimental to the peace, health, safety and welfare of the citizens of the city. (1991 Code § 16-12-290)

   A.   List Of Minor Variances And Special Exceptions: The board of adjustment hereby adopts as its statement of policy and the city council hereby approves the following list of minor variances and minor special exceptions, of which said list received prior review and recommendation of the planning commission, the consideration, granting, or denial of which shall not require public notice of hearing:

      1.   A variance of twenty percent (20%) or less of a required minimum side or rear yard within an RE, RS, RD or RM-1 district.

      2.   A variance of ten percent (10%) or less of a required minimum side or rear yard within an RM-2 district.

      3.   A variance of the 0.25 maximum building floor area ratio to 0.30 or less maximum building floor area ratio within an OL district.

      4.   A variance of the required setback of a structure, other than a building, as provided in section 11-2-17 of this chapter.

      5.   A variance of a required lot area or lot width of a lot resulting from a lot split having received the approval of the planning commission and the city council.

      6.   A variance of the bulk and area requirements as pertaining to setbacks from interior lot lines to permit the construction of a single-family dwelling on two (2) lots.

      7.   A variance to permit private swimming pools, tennis courts, and similar private recreational use, as may be determined by the city council, as the principal use on a lot, provided the lot is adjacent to and is intended to be an accessory use to a single- family residence.

      8.   A special exception to permit additions to and modifications of existing structures or facilities as included in use unit 4, public protection and utility and temporary open air facilities (except for temporary open air facilities), and use unit 5, community services, cultural and recreational facilities; where permitted in those districts by special exception.

   B.   Amending List: Provided, that the board of adjustment may from time to time amend the list of minor variances and minor special exceptions in the statement of policy by adding to, deleting from, or modification thereof. However, the planning commission shall review and make a recommendation on any proposed changes in the statement of policy prior to subsequent approval by the city council.

   C.   Authority To Require Notice: Provided, nothing herein shall preclude the board of adjustment from requiring the giving of a public notice of hearing on a minor variance or special exception listed in subsection A of this section. (1991 Code ch. 16, pages 327, 328)