§ 18-4-1-404.1. Open space. Exceptions to Specific District Regulations

A.

The following requirements are intended to provide exceptions or to qualify and supplement, as the case may be, the specific district regulations set forth in Sections 18-501 through 18-693 of this code.

1.

Qualified Lot Requirements.

a.

A lot which does not meet the minimum development regulations of a zoning district shall not be subdivided to create more nonconforming lots.

b.

If any existing lot is smaller than the minimum requirements of Chapter 18, but all sides of the lot touched lands under other ownership on November 10, 1964, the lot shall be used for single-family site-built purposes only, provided such residences are permitted in the district.

c.

No structure or parking area shall be erected or constructed on a lot which does not abut a public street, at least fifty (50) feet in right-of-way width, for at least thirty-five (35) feet of the lot frontage. The street shall form the direct and primary means of ingress and egress for all structures and parking areas. This provision does not apply to planned unit developments with approved private streets or subdivisions with lots which are provided direct access to a public street through dedicated common area owned and maintained by all the property owners within said subdivision.

d.

No portion of the required area of any lot or building site shall be used or considered to be a part of the required area from any other lot or building site.

e.

No existing lot or building site which has an area less than or equal to the minimum required lot size shall be reduced in area, except when such reduction results from a court decree or other action of governmental authority.

f.

Where an existing lot has been reduced below the minimum required area through condemnation or by acquisition of a portion thereof for public purposes by any governmental agency, the director of planning may authorize its development if said reduction is no greater than fifteen percent (15%) of the minimum lot required.

2.

Qualified Yard Regulations.

a.

If the lots on one side any four hundred (400) foot section of a public street between two intersecting streets are improved with buildings that have an average front yard setback variation of not more than six (6) feet, the minimum front yard setback for those lots included therein shall be that average setback line so established; provided, however, that this regulation shall not be interpreted to require a front yard of more than twenty-five (25) feet nor shall it allow any buildings to be constructed within any public right-of-way or easement, except as allowed by Section 18-404.1A.8 of this code.

b.

Double Frontage Lots.

(1)

Where both the front and rear yards abut streets, the minimum front yard requirement of the zoning district shall apply to any frontage which has access to a street. The frontage which has no access permitted shall be subject to the rear yard requirements of the district.

(2)

A private fence or wall may be approved by the Director of Planning in the rear and side yard areas of lots designed with double frontage, provided that other applicable restrictions herein regarding such fence or all are met. Accessory uses also shall be permitted in the front and side yards of lots designed with double frontage, but only in accordance with the provisions of 18-404.1.A.2.b.(1) above, and provided that they do not obstruct the view of traffic from an intersecting street.

c.

Where the dedicated street easement or right-of-way is less than fifty (50) feet, the front yard depth shall be determined by measuring fifty (50) feet back from the center line of the street easement or right-of-way except as otherwise provided in this section.

d.

An attached or detached private garage which faces onto a street shall not be located closer than twenty-five (25) feet to the street easement or right-of-way line or property line whichever is closer or as established in Section 18-404.1A.2.b.

e.

If an existing building was legally constructed prior to November 10, 1964, with less side yard than is now required, an addition to such building which constitutes an extension of the existing side wall line shall be permitted, provided that such addition shall not encroach upon the front or rear yards as herein required.

f.

The front yard for single-family and two-family dwellings located on corner lots shall be the yard area located along the shorter of the two (2) street frontages unless the planning director determines that based upon the unique characteristics of the lot and/or the functional aspects of any related structures, it is more practical that the front yard be the yard area located along the longer of the two (2) street frontages.

3.

Qualified Yard Regulations, General.

a.

All buildings and structures, other than single-family or two-family dwellings and buildings accessory thereof, to be located on lots adjoining, adjacent, or abutting an RE, R-1, or R-2 district or an existing single-family or two-family subdivision or use shall be set back from the adjoining, adjacent, or abutting property line the minimum setback provided in the zoning district in which the building is located or the height of the building, whichever is greater.

(1)

To determine a setback based on the building height, the minimum distance shall be equal to the height of the building at any point when measured from the ground at the property line (for illustration purposes, refer to Figure 19).

(2)

When separated from the adjoining, adjacent, or abutting RE, R-1 or R-2 district or existing single-family or two-family subdivision or use by a public alley or right-of-way, all required setbacks based on the building height shall be measured from the property line on the far side of said alley or right-of-way. This shall not apply to any setback which is not based on the building height.

b.

For new construction on lots fronting a local street with a right-of-way width in excess of sixty (60) feet where all the lots on one side of a public street between two (2) intersecting streets are vacant, the front or side yard setback as required for a particular zoning district shall be measured from a line twelve (12) feet from the back of curb or twenty-five (25) feet from the centerline of the right-of-way, whichever is more restrictive, provided that the building does not extend beyond a platted building limit line or onto any public right-of-way or easement.

c.

Land set aside for off-street parking may be counted as a part of the required setback or yard in any district.

d.

Where an official line has been established by the long range transportation plan for future widening or opening of a street or transportation facility upon which a lot abuts, the width of a yard shall be measured from such official line to the nearest building limit line.

e.

Platted Building Lines.

(1)

Where a platted building limit line exists on the recorded plat which requires a greater setback than the zoning district in which it is located, the platted building limit line shall be enforced. However, if the platted building limit line is less than the required setback of the zoning district, the zoning district setback shall be used.

(2)

Site plans submitted with building permit applications shall show all platted building limit lines and the relationship of all existing and proposed structures to the platted building limit lines.

f.

For Planned Unit Development and townhouse subdivisions, the yard requirements of the zoning district in which they are located shall be applied to the exterior boundary of the development. All interior yard requirements shall be indicated on the plat.

4.

Sight Triangles. On any corner lot no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations higher than two feet six inches (2′6″) above any portion of the crown of the adjacent roadway shall be permitted or maintained in the sight triangle. The sight triangle shall be determined as follows:

a.

In cases where the total street right-of-way or easement is fifty (50) feet or less, the sight triangle shall be measured from the point of intersection of the front or rear and exterior side lot lines a distance of twenty-five (25) feet along the front or rear and side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

b.

In cases where the total street right-of-way or easement is in excess of fifty (50) feet and located on a minor street as defined on the State of Oklahoma/Federal Highway Administration Functional Classification Map, the sight triangle shall be measured from the point of intersection of the driving surface or curb line of the intersecting roadways for a distance of forty-five (45) feet along the driving surface or curb line abutting the front or rear and side lot line and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

c.

In cases where a street right-of-way in excess of fifty (50) feet intersects with a non-minor street, the traffic engineer shall determine the most suitable standard as stated above or a combination thereof.

No automobile shall be parked within or on the street side of the triangle so formed nor shall any curb cutback be made for the purpose of access or parking within or on the street side of this triangle.

5.

Extension into Yard Areas. The following features, and no others, may extend into the required minimum yard areas.

a.

The following extensions shall not exceed five (5) feet into front and rear yards and two (2) feet into side yards. These restrictions shall apply to buildings, structures, or projections located in yards or portions thereof that are required by any setback regulations of this ordinance.

(1)

Open or lattice enclosed fire escapes required by the fire code;

(2)

Fireproof outside stairways required by the fire code;

(3)

Balconies opening into fire towers projection required by the fire code;

(4)

The ordinary projection of chimneys and flues;

(5)

Projecting roof structural lines or eaves, provided that covered porches may not extend into the required front yard in residential districts;

(6)

In zoning districts which do not provide for front or side yard setbacks, canopies or marquees constructed in accordance with the building code may be extended beyond the structure for not more than five (5) feet over a public sidewalk;

b.

A carport shall not be permitted to extend into a required front yard except as allowed by Section 18-404.1A.8 of this code.

c.

Heating and air equipment may extend into the side yard setback as required to meet the manufacturer's minimum distance requirements from any structure.

6.

Open Yard Requirements. Every part of a required yard or setback shall be open to the sky without obstruction except for the following:

a.

Specific accessory uses as provided for in Section 18-404.1.A8 of this code;

b.

Accessory buildings in rear yards;

c.

The ordinary projections of skylights, sills, belt courses, cornices, oriel windows and ornamental features which cantilever from the wall or roof of the structure, if such projections do not exceed two (2) feet;

d.

Underground tornado or bomb shelters may be constructed in the rear yard. Shelters placed in the required front yard must be constructed at grade except for vent apparatus projection.

7.

Required Distance Between Detached Accessory Buildings and Dwelling Units. No detached accessory building walls shall be closer than six (6) feet to any dwelling unit walls or other accessory building walls on the same lot or building site. No detached accessory building eaves shall be closer than five (5) feet to any dwelling unit or other accessory building eaves or the same lot or building site. This provision shall not prohibit the use of fire resistive walls as defined by the building code as a substitute for the distance requirements stated above.

8.

Accessory Uses and Structures Permitted.

a.

General.

(1)

A building permit must be obtained prior to construction for each accessory structure to be located on a permanent foundation or having a gross floor area of two hundred (200) square feet, or greater.

(2)

In all residential use districts, detached accessory buildings shall meet the following criteria:

(a)

On lots less than one-half (½) acre, the maximum square footage of all detached accessory buildings shall not exceed thirty percent (30%) of the rear yard.

(i)

All accessory structures must observe the minimum setbacks of the zoning district in which they are located, except for detached one-story structures having a gross floor area less than two hundred (200) square feet, when located on a corner lot, not less than sixty-five (65) feet back of the front property line, and within an opaque screening fence or wall with a minimum height of six (6) feet, then minimum side yard setback from the right-of-way of the intersecting street shall be reduced to five (5) feet. Whenever this provision is used to reduce the side yard setback for a detached accessory structure, the opaque screening fence or wall must be maintained in place, otherwise the minimum setback of the zoning district will apply and any accessory structures in violation thereof must be relocated. This exception does not apply to a detached garage or other structure designed to be accessed from the adjacent roadway.

(ii)

Prior to being issued a permit for an accessory structure which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct an accessory structure beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owner from their obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(b)

On lots one-half (½) to one and one-half (1-½) acre, the maximum square footage of all detached accessory buildings shall not exceed one thousand two hundred fifty (1,250) square feet or two and one-half percent (2-½%) of the lot size, whichever is greater.

(c)

On lots one and one-half (1-½) to three (3) acres:

i.

The maximum square footage of all detached accessory buildings shall not exceed two and one-half percent (2-½%) of the lot size; and

ii.

All detached accessory buildings shall sit at least twenty-five feet (25′) from side and rear property lines.

(d)

On lots three (3) acres and greater:

i.

The maximum square footage of all detached accessory buildings shall not exceed five percent (5%) of the lot size; and

ii.

All detached accessory buildings shall sit at least twenty-five feet (25′) from side and rear property lines.

(3)

No accessory building shall be constructed upon a residential lot until the construction of the main building has been actually completed.

(4)

No accessory building shall be used unless the main building of the lot is also being used.

(5)

Accessory uses and structures, including swimming pools, fences, storm shelters and carports, which are customarily associated with, incidental to, and subordinate to a principal use shall be permitted subject to applicable city codes.

(6)

Temporary buildings for uses incidental to construction work shall be permitted, provided they shall be removed upon the completion or abandonment of the construction work.

b.

Specific Accessory Uses.

(1)

Carport. A carport is defined as a permanent roofed structure open on at least two (2) sides, when located within the building setback limits, and designed for or occupied by private passenger vehicles and includes any covered drive areas and porticos. Carports are permitted to be constructed with or added to a residential structure subject to the following conditions and requirements:

(a)

Carports may be permitted within the side or rear yard of a structure provided it is located at least three (3) feet from the side property line of an interior lot. A carport may be permitted within the side yard adjacent to the street right-of-way on a corner lot provided that it is located at least fifteen (15) feet from the right-of-way.

(b)

All carports shall comply with the setback requirements of Chapter 18, with the following exceptions:

i.

Carports used in conjunction with single-family dwellings or two-family dwellings located on local streets as defined by the subdivision regulations and/or the long range transportation plan and located on lots for which the subdivision plat creating said lots was recorded prior to January 1, 1990, shall be permitted to extend into the required front yard setback area and into the public right-of-way. However, no such carport shall be closer than twelve (12) feet in distance from the face of the curb or the edge of the pavement or closer than one foot from any public sidewalk. In no case shall the erection of such carports be closer than ten (10) feet from any public utility, encroach upon the sight triangle or restrict access to any fire hydrants. This provision does not in any way diminish the city's legal right to the right-of-way, and the city shall be held harmless with respect to any future use of the right-of-way by the city or a utility company; or

ii.

On lots located on local streets as defined by the subdivision regulations and/or the long range transportation plan for which the encroachment of a carport into the front yard setback would not otherwise be permitted, carports may be permitted within the front yard setback following the approval of a "special exception" by the board of adjustment per the procedure outlined in Division 18-2-1 of this code, provided that no such carport shall be permitted closer than twelve (12) feet in distance from the face of the curb or the edge of the pavement, closer than one foot from any public sidewalk, or within a sight visibility triangle.

(c)

Under no circumstances shall any carport used in conjunction with a single-family dwelling or two-family dwelling exceed thirty (30) feet in width, nor extend into the front yard more than thirty (30) feet beyond the face of the dwelling. All measurements shall be from eaves line to eaves line. No more than one carport shall be permitted within the front yard for each dwelling unit.

(d)

All carports which extend into the required front yard setback must abut the main structure and shall be permanently open on three (3) sides from the grade surface to the eaves line, with a maximum of four (4) support columns, with each having a maximum width of twelve (12) inches, or six (6) support columns/posts, with each having a maximum width of eight (8) inches.

(e)

All carports shall, as closely as is practical, have an architectural design that harmonizes with the main structure in color, material and general appearance. Carports shall be constructed in accordance with the requirements of the International Residential Code as adopted by the City of Lawton, with either wood or steel framing and support posts. Carports shall be constructed with a gable or single pitched roof, with roofing materials and colors matching the main structure, except that factory painted panel metal roofing is allowed. If an application for a building permit is denied for failure to meet the above architectural design standards, the applicant may appeal said denial to the building materials review committee as established in Section 18-4-1-406 of this code.

(f)

The maximum height of any carport shall be twenty-four (24) feet or the height of the main structure, whichever is less.

(g)

Carports must be anchored to the ground with minimum twelve (12) inch diameter concrete footings set a minimum of twenty-four (24) inches into the ground, and able to withstand a minimum of twenty (20) pounds per square foot of uplift pressure.

(h)

The parking area beneath the carport and any driveway approach thereto must meet the requirements set forth in Division 18-8-1 of this code.

(i)

Prior to being issued a permit for a carport which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct a carport beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owners' obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(2)

Fences or Walls. Fences or walls located within any setback area for all structures shall be permitted subject to the following requirements:

(a)

All fences or walls shall be constructed, erected or installed to conform with applicable zoning and building regulations. A building permit shall be required for the following:

(i)

construction of a new fence or wall;

(ii)

modification or reconstruction of an existing fence or wall wherein such modification or reconstruction will include the placement of additional posts, the replacement of existing posts other than in the same location, or the performance of any new excavation greater than six (6) inches below the existing ground surface; or

(iii)

modification or reconstruction of an existing fence or wall located within a drainage easement or crossing any drainage facility.

(b)

Building permits, if required, shall be obtained prior to any construction activity.

(c)

Except as required above, a building permit shall not be required to replace portions of an existing fence or wall.

(d)

Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declarations of covenants and restrictions relating to architectural controls, deed restrictions, or platted setback lines which may further limit the construction of a fence on a parcel.

(e)

The fence or wall extending beyond the front building limit line shall not exceed four (4) feet in height and shall not be located within a sight triangle.

(f)

Barbed, hog or chicken wire, or single or multi-strand fences shall not be allowed in any yard adjacent to a structure, except as provided in Section 6-182 of Chapter 6 of this Code.

(g)

No fence extending beyond any side or rear building limit line of any structure may be more than eight (8) feet in height above the elevation of the ground at the base of the fence or eight (8) feet above the ground elevation at the base of the house, whichever is higher. In no case may the fence be more than ten (10) feet above the elevation of the ground measured at the base of the fence.

(h)

Where security or privacy requires a height in excess of the above, it may be authorized by the planning commission as a use permitted on review in accordance with the provisions contained in Section 18-113 of this Code.

(i)

Fences or walls used in conjunction with single-family or two-family dwellings, located on local streets as defined by the subdivision regulations or the long range transportation plan and having a right-of-way in excess of sixty (60) feet shall be permitted to extend into the setback area and into the public right-of-way. However, no such fence or wall shall be closer than eleven and one-half (11½) feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such fence or wall interfere with existing sidewalk, sight triangle or fire hydrants. This provision does not give a land-owner any legal right or property interest to the right-of-way, and the city shall be held harmless with respect to any further use of the right-of-way by the city or a utility company.

(j)

Fences or walls with or without hedge or similar natural vegetation shall not cause a view obstruction for any private driveway.

(3)

Covered porch. A covered porch is defined as a permanent roofed structure or a portion of the main structure that is open on at least one side. Covered porches are permitted to be constructed with or added to a residential structure subject to the following conditions and requirements:

(a)

All covered porches shall comply with the front, side and rear yard setback requirements of Chapter 18, except wherever a covered porch is left open on three sides, from the grade surface to the eave line, then that covered porch may extend a maximum distance of ten (10) feet into the required front yard setback and also, when located on a corner lot, into the street facing side yard setback.

(b)

All covered porches shall have an architectural design that harmonizes with the main structure in material and appearance. Covered porches shall match the roof pitch and roofing materials of said structure. Metal structures shall not be permitted in the front yard, except that when the main structure has a metal roof then a covered porch may also employ the same roofing material. If an application for a building permit is denied for failure to meet the above architectural design standards, the applicant may appeal said denial to the building materials review committee as established in Section 18-4-1-406 of this Code.

(c)

The maximum height of any covered porch shall be twenty-four (24) feet or the height of the main structure, whichever is less.

(d)

Covered porches must be anchored to the ground with minimum twelve (12) inch diameter concrete footings set a minimum of twenty-four (24) inches into the ground, and able to withstand a minimum of twenty (20) pounds per square foot of uplift pressure.

(e)

Prior to being issued a permit for a covered porch which extends beyond a platted building limit line, the applicant shall sign a disclaimer indicating that they fully understand that a permit issued by the City of Lawton to construct a covered porch beyond the building limit line as shown on a recorded subdivision plat does not relieve the lot owner from their obligation to any plat restrictions, covenants, or conditions that may prohibit or otherwise limit said construction.

(f)

Where security or privacy requires a height in excess of the above, it may be authorized by the planning commission as a use permitted on review in accordance with the provisions contained in Section 18-113 of this code.

(g)

Fences or walls used in conjunction with single-family or two-family dwellings, located on local streets as defined by the subdivision regulations or the long range transportation plan and having a right-of-way in excess of sixty (60) feet shall be permitted to extend into the setback area and into the public right-of-way. However, no such fence or wall shall be closer than eleven and one-half (11 ½) feet in distance from back of the curb or the edge of the pavement. In no case shall the erection of such fence or wall interfere with existing sidewalk, sight triangle or fire hydrants. This provision does not give a land-owner any legal right or property interest to the right-of-way, and the city shall be held harmless with respect to any further use of the right-of-way by the city or a utility company.

(h)

Fences or walls with or without hedge or similar natural vegetation shall not cause a view obstruction for any private driveway.

9.

Zero Lot Line Development.

a.

As an exception to the interior side yard setbacks for detached single-family structures within those districts in which single-family dwellings are permitted uses, the planning commission may permit side yard setbacks of less than five (5) feet on the interior lot lines for single-family dwellings using the following criteria for approval:

(1)

A developer shall submit a development plan for all lots which are proposed for zero setback and shall include all adjacent lots in order to insure adequate spacing between buildings.

(2)

Where a setback line of less than five (5) feet is authorized on one side of the dwelling, there shall be a setback on the other side of not less than ten (10) feet from an interior lot line and not less than twenty (20) feet from a corner lot line. No structural encroachments shall be permitted into these required setbacks.

(3)

Where a setback of less than five (5) feet is approved, the owner of the adjacent lot shall grant a private five (5) foot maintenance and overhang easement to the owner of the abutting lot.

(4)

Construction shall be such that roof drainage shall be discharged onto the same lot on which the dwelling is constructed.

(5)

When applying for a reduced lot line permit, the builder must present plats or deeds with restrictions that reflect the above conditions.

(6)

Single-family dwelling units applying for a reduced lot line permit shall not cover more than fifty percent (50%) of the lot area.

b.

As an exception to the interior side yard setbacks for attached (common wall) residential structures established for those districts in which such structures are permitted uses, the planning commission may, by using "use permitted on review" procedures, permit side yard setbacks of less than five (5) feet on interior lines using the criteria as established by the planning commission. All attached (common wall) construction shall meet the fire code, chapter 11, and the building code, Chapter 6, of this code and be constructed concurrently by one builder under one building permit.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 11-43, § 2, 9-13-2011; Ord. No. 13-10, § 1, 3-12-2013; Ord. No. 15-24 , § 2, 9-8-2015; Ord. No. 17-24 , § 1, 8-8-2017; Ord. No. 18-19 , § 1, 6-26-2018)