Town of Goldsby, Ordinance 2026-007

No. 624-July 16-1 Time

ORDINANCE 2026-007

AN ORDINANCE OF THE TOWN OF GOLDSBY, OKLAHOMA, AMENDING SECTION 2-9, PERMITTED ACCESSORY USES AND STRUCTURES, OF THE R-1, LOW DENSITY RESIDENTIAL ZONING DISTRICT, OF THE ZONING REGULATIONS OF THE TOWN OF GOLDSBY, OKLAHOMA BY DELETING “GUEST HOUSE” FROM THE PERMITTED ACCESSORY USES AND STRUCTURES IN THE R-1 ZONING DISTRICT BY REPEALING, DELETING, AND REMOVING SUBSECTION A OF SAID SECTION 2-9 IN ITS ENTIRETY; AND BY AMENDING SECTION 2-10, USES AND STRUCTURES PERMITTED ON REVIEW OF THE R-1, LOW DENSITY RESIDENTIAL ZONING DISTRICT, OF THE ZONING REGULATIONS OF THE TOWN OF GOLDSBY, OKLAHOMA BY ADDING A NEW SUB-SECTION “GUEST HOUSE” TO USES AND STRUCTURES PERMITTED ON REVIEW AND PROVIDING FOR THE REGULATION THEREOF; PROVIDING FOR SEVERABILITY, REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF CONFLICT; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the Goldsby Planning Commission initiated an administrative proposal and, after discussion and consideration of the proposal and public hearing, adopted a recommendation to the Town Board of Trustees that the text of Sections 2-9 and 2-10 of the Specific Zoning Regulations of the Zoning Ordinance of the Town of Goldsby for the R-1, Low Density Residential Zoning District be amended by deleting “Guest House” from Permitted Accessory Uses And Structures in the R-1, Low Density Residential Zoning District, and by adding “Guest House” to Uses And Structures Permitted On Review in the R-1, Low Density Residential Zoning District.

WHEREAS, the Town Board of Trustees has caused public notice to be given as required by law and on the day and at the time and place specified in said public notice held a public hearing for the purpose of receiving public comment on the proposed amendment to the Zoning Ordinance; and

WHEREAS, upon consideration of the administrative proposal and recommendation of the Planning Commission and the public comments received at the Public Hearing, the Board of Trustees finds that to better preserve the character of the R-1, Low Density Residential Zoning District, it is in the best interests of the citizens and residents of the Town of Goldsby, Oklahoma that the Zoning Regulations be amended to repeal, delete and remove subsection A of said Section 2-9 of the Specific Zoning Regulations of the Zoning Ordinance of the Town of Goldsby for the R-1, Low Density Residential Zoning District, thereby removing “Guest House” from the Permitted Accessory Uses And Structures in the R-1, Low Density Residential Zoning District, and to amend Section 2-10 of the Specific Zoning Regulations of the Zoning Ordinance of the Town of Goldsby for the R-1, Low Density Residential Zoning District, by adding a new sub-section adding “Guest House” to Uses And Structures Permitted On Review in the R-1, Low Density Residential Zoning District and regulating such Guest House uses and structures.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF GOLDSBY, OKLAHOMA, THAT:

Section 1. Section 2-9, Permitted Accessory Uses And Structures, of the R-1, Low Density Residential Zoning District of The Zonlng Regulations of The Town Of Goldsby, Oklahoma, Amended. Section 2-9, Permitted Accessory Uses And Structures, of the R-1 Low Density Residential Zoning District of The Zoning Regulations of The Town Of Goldsby, Oklahoma, is hereby amended by repealing, deleting and removing subsection A of said Section 2-9 of the Specific Zoning Regulations of the Zoning Ordinance of the Town of Goldsby for the R-1, Low Density Residential Zoning District, thereby removing “Guest House” from the list of Permitted Accessory Uses And Structures in the R-1, Low Density Residential Zoning District and leaving all other provisions of Section 2-9 in full force and effect.

Section 2. Section 2-10, Uses And Structures Permitted on Review, of the R-1, Low Density Residential Zoning District of The Zoning Regulations of The Town of Goldsby, Oklahoma, Amended. Section 2-10, Uses and Structures Permitted on Review, of the R-1 Low Density Residential Zoning District of The Zoning Regulations of The Town of Goldsby, Oklahoma, is hereby amended by adding a new sub-section thereto adding “Guest House” to Uses And Structures Permitted On Review in the R-1, Low Density Residential Zoning District and regulating such uses and structures as follows:

Guest House. One guest house for each permitted principal Single-Family detached dwelling; provided that:

1. Guest House shall mean an accessory dwelling building or structure designed, constructed, and used, as temporary living quarters for accommodation of non-paying caregivers, guests, or family members of the occupants of the primary dwelling unit only, located on the same parcel as the primary dwelling unit, and separated from it by at least 10 feet, and such structure must be clearly subordinate to the principal building or structure on the property on which the Guest House is located with regard to use, size and location. As used in this Ordinance, Temporary means occupancy that is incidental to the primary dwelling and does not create a separate household. As a guideline for enforcement, occupancy by any one person shall not exceed thirty-six (36) consecutive months without renewed approval, which renewal may be granted where continued caregiver or family need is demonstrated to the satisfaction of the reviewing authority or its designee. Non-paying means no rent, fee, charge, or other consideration is provided or promised for the right to occupy the Guest House, whether directly or indirectly, including through online platforms, “donations,” services, or bundled payments.
2. A Guest House, if permitted on review, shall be for the temporary accommodation of nonpaying caregivers, guests, or family members of the occupants of the primary dwelling unit only and shall not be rented or leased or otherwise occupied in exchange for consideration for any period whatsoever, nor shall it be advertised, listed, or offered for rent, lease, or transient occupancy by any means, including through online or platform-based listings.
3. No more than one Guest House shall be allowed on the same parcel as the primary dwelling unit and such Guest House shall not be assigned a separate address or served by utility services separately metered or separately billed from the primary dwelling unit.
4. Such Guest House uses and structures must be compatible with the architectural style of the primary dwelling unit and must be compatible with surrounding uses, roadways, and/or activities.
5. Such Guest House uses and/or structures are in compliance with all requirements for such dwelling uses and/or structures under applicable federal, state, county and local laws, ordinances, building codes, and/or regulations. Unless more restrictive standards apply elsewhere in the Zoning Regulations, a Guest House shall:
6. Comply with all applicable setbacks, height limits, and lot coverage requirements for accessory structures in the R-1 district;
7. Contain no more than two (2) bedrooms and contain no more than no more than fifty percent (50%) of the gross habitable floor area of the primary dwelling unit excluding garages and porches; and
8. Maintain required fire access and egress consistent with applicable codes.
9. Barns, recreational vehicles, mobile homes or manufactured homes may not be utilized for Guest House uses.
10. At least one (1) parking space shall be provided at the site of the Guest House.
11. lt shall be a violation of this ordinance to:
12. Rent, lease, or offer any Guest House which has been permitted on review for rent or lease;
13. Use the Guest House as a separate dwelling unit for any persons who are not non-paying caregivers, guests, or family members of the occupants of the primary dwelling unit;
14. Suffer or provide the Guest House to be used for commercial lodging or transient occupancy; or
15. Fail to comply with any requirement of this section or any condition of approval.

Each day a violation continues constitutes a separate offense.

9. The Town of Goldsby is authorized to conduct inspections, pursuant to lawful administrative process and notice, to verify compliance with this ordinance. Unreasonable refusal to allow inspection pursuant to lawful administrative process and notice constitutes a violation of this ordinance.
10. Any and each willful violation of this ordinance or failure or refusal to comply with the provisions of subparagraphs 1-9 above concerning the use of a Guest House, shall constitute a zoning violation and pursuant to lawful administrative process and notice including opportunity to be heard shall be sufficient grounds for suspension or revocation of the Guest House approval as a use permitted on review in addition to any other penalty, fine, or civil relief otherwise provided for or referenced in the Zoning Regulations of the Town of Goldsby, Oklahoma; provided that the Town may order immediate suspension where necessary to address an imminent threat to health or safety, subject to a prompt post-suspension hearing.
11. A Guest House may be approved as a Use Permitted on Review only in accordance with the Town’s established procedures for uses permitted on review set forth elsewhere in the Zoning Regulations (including notice, hearing, and appeal rights). ln addition to any general criteria, the reviewing authority shall make findings that the Guest House:
12. Will remain accessory and subordinate to the principal single- family detached dwelling;
13. Will not materially increase neighborhood impacts (traffic, noise, parking, lighting);
14. Will be served by adequate utilities and will comply with applicable building and fire codes; and
15. ls consistent with the purpose of the R-1 district and the Town’s adopted plans/policies.

Section 3. Severability. lf any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, said portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this ordinance.

Section 4. Repealer, Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent, but only to the extent, of such conflict.

Section 5. Effective Date. This ordinance shall become effective thirty (30) days after its passage, approval, and publication as provided by law.

PASSED, APPROVED AND ADOPTED this 9th day of July, 2026.

TOWN OF GOLDSBY

/s/ Michael Herrin

MAYOR

ATTEST:

/s/ Sandra J. Jenkins

TOWN CLERK

(SEAL)