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Ardmore City Zoning Code

CHAPTER 2

- Development Review Bodies

Sec. 201 - Planning Director

A.

Responsibility. The Planning Director shall be responsible for administering this UDC.

B.

Powers and Duties. In administering this UDC, the Planning Director shall have the following powers and duties:

1.

To enforce the regulations of this UDC;

2.

To approve all building permits and occupancy certificates and make and maintain records thereof;

3.

To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this UDC;

4.

To receive, file and forward to the Board of Adjustment the records in all appeals and variance applications;

5.

To maintain permanent and current records of this UDC, including but not limited to, zoning maps, amendments, conditional uses, variances, appeals and applications therefore and records of hearings thereon;

6.

To maintain for distribution to the public a supply of copies of the Official Zoning Map and the compiled text of this UDC; and

7.

To provide such clerical, technical and consultative assistance as may be required by the Planning Commission, Board of Adjustment and other Boards, Commissions and Officials in the exercise of their duties relating to this UDC.

(Ord. No. 2723, 8-19-02)

Sec. 202 - Building Official

A.

Responsibility. The Building Official shall be responsible for issuance of building permits and other matters that reference the building code.

B.

Powers and Duties. In administering this UDC, the Building Official shall have the following powers and duties:

1.

To enforce the regulations of this UDC;

2.

To approve all building permits and occupancy certificates and make and maintain records thereof;

3.

To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this UDC; and

4.

To determine the extent of damage or destruction of nonconforming uses and structures.

Sec. 203 - City Engineer

A.

Responsibility. The City Engineer shall be responsible for review of subdivision improvements and other engineering related matters.

B.

Powers and Duties. In administering this UDC, the City Engineer shall have the following powers and duties:

1.

To review and approve design specifications for required subdivision improvements;

2.

To calculate the amounts of required subdivision guarantees;

3.

To determine the sufficiency of improvement guarantee fund balances;

4.

To inspect, approve and recommend acceptance of public improvements;

5.

To review and enforce any and all plans for stormwater control and flood plain development; and

6.

To review any and all plans for traffic access.

(Ord. No. 2782, 4-4-05)

Sec. 204 - Board of Adjustment

A.

Responsibility. The Board of Adjustment shall be responsible for varying the standards of this UDC, when deemed appropriate, and shall review and decide all appeals of administrative actions taken under this UDC.

B.

Appointment and Term of Office. The Board of Adjustment shall consist of 5 citizens of the City, all of whom shall reside within the City limits. The members of the Board of Adjustment shall be nominated by the mayor and confirmed by the City Commission. The members of the Board of Adjustment shall hold office for a term of 3 years, with staggered terms. Initially one member shall be appointed for one year; 2 members for 2 year terms; and 2 for 3 year terms. Appointments to fill vacancies shall be for the unexpired term only of such member whose office becomes vacant. Annual appointments to the Board shall be made by the Mayor prior to June 1 of any given year.

C.

Qualifications. Members of the Board of Adjustment shall be actual residents of the City at the time of their appointment to the Board and during their tenure of office. Any member moving outside the City limits during their term of office shall by doing so create a vacancy in the office of the member who has moved.

D.

Removal of Members. The City Commission shall be the sole judge of the qualifications of the members of the Board of Adjustment, and may without notice and at their discretion remove any or all of the members from the Board.

E.

Compensation. The members of the Board of Adjustment shall serve without pay.

F.

Attendance. The chair of the Board of Adjustment shall report to the mayor on a semi-annual basis the attendance records of the members of the Board. The chair shall request the replacement of any member who has had more than 50 per cent absences from the regular meeting during the preceding six-month period.

G.

Rules.

1.

The Board of Adjustment shall elect a chair from its membership to serve for a term of 1 year. A member serving as chair may be re-elected in subsequent years.

2.

The Board shall adopt rules in accordance with the provisions of this UDC. Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine. The chair or, in his absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

3.

The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record.

4.

The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this UDC or any ordinance or code, or to effect any variation in this UDC.

H.

Powers and Duties. The Board of Adjustment's powers and duties under this UDC are set out below.

1.

Variances. The Board of Adjustment shall be responsible for reviewing and taking final action to approve, approve with conditions or deny variance applications.

2.

Appeals of Administrative Decisions.

a.

In all matters where appeal powers have not been specifically assigned to the City Commission, the Board of Adjustment shall be responsible for hearing appeals of administrative decisions and for taking the final action to uphold or overturn the administrative official's decision.

b.

In exercising its powers, the Board may, in conformance with the provisions of this UDC, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determinations as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.

c.

In considering all appeals from rulings made under this UDC, the Board shall, in making its findings on any specific case, consider any applicable plans and policies of the City, including the Comprehensive Plan, and determine the effect of the proposed change upon adjacent property, the congestion of the public streets, the public safety from fire and other hazards, and any other factors relating to the public health, safety, comfort, morals and general welfare of the people of the City.

d.

Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the appeal.

3.

Appeals to County Court. Only variance determinations by the Board of Adjustment are appealable to the County Court.

(Ord. No. 2723, 8-19-02)

Sec. 205 - Historic Preservation Board

A.

Board Composition. There is hereby created the Historic Preservation Board of the City of Ardmore. Its members shall be appointed by the Mayor with approval of the City Commission. The City's continued status as a "Certified Local Government" by the State Historic Preservation Office does require that it have a role in selecting Board members, to review their personal vitae relative to Historic Preservation and to approve them for appointment by the City. In making appointments to the Board, the Mayor shall make an attempt to maintain a balance of interest and skills on the Board by assessing the individual qualifications of the candidates including but not limited to their knowledge and demonstrated interest in preservation related fields such as architecture, history, archaeology, planning, urban or community design, landscape architecture, or law. All members shall have a knowledge and demonstrated interest in historic preservation. The Planning Commission shall appoint one of its members to act as a liaison in an ex officio capacity, and a member of the City Commission shall also act as a liaison in an ex officio capacity.

It is the Board's responsibility to find interested and qualified persons, and to obtain a review and approval of their credentials by the State Historic Preservation Office prior to recommending such persons to the Mayor for consideration for appointment to the Board.

B.

Terms of Members. Seven members shall be appointed to the Historic Preservation Board of the City of Ardmore, for staggered terms of three years each. Initially two members shall be appointed for one year; two for two years; and three members for three years. All members of this Board shall serve without compensation. Members should be appointed by the mayor to fill the remainder of any vacant terms within 60 days of vacancy. Appointments to fill vacancies shall be for the unexpired term only of such member whose office becomes vacant. Annual appointments to the Board shall be made by the mayor prior to May 1 st of any given year. Members may serve up to 3 consecutive terms. No limits shall be placed on terms which are not consecutive.

C.

Meetings and Rules. The Historic Preservation Board of the City of Ardmore shall meet at least four times per year in public and open meetings. The Board shall keep a record of its proceedings. A copy shall be filed for public view at City Hall. All meetings of the Board shall be opened to the public. Any person or his duly appointed representative shall be entitled to appear and be heard on any matter before the Board. The Historic Preservation Board shall be empowered to adopt rules for the conduct of its business, not inconsistent with the ordinances of the City or any rules or policies of the City Commission. The Board shall follow Roberts Rules of Order. The Board shall elect a chair and a secretary. Four members of the board shall constitute a quorum for the conduct of business.

D.

Powers and Duties. The Historic Preservation Board shall have the following powers and duties.

1.

HP District Designation. The Historic Preservation Board shall recommend designation of specified areas of the City as HP Districts.

2.

Certificate of Appropriateness. The Historic Preservation Board shall be responsible for final action on any certificate of appropriateness.

3.

Certificate of Economic Hardship. The Historic Preservation Board shall be responsible for final action on any certificate of economic hardship.

(Ord. No. 2831, 9-18-06)

Sec. 206 - Planning Commission

A.

Purpose. The provisions of this section are passed for the purpose of exercising the powers authorized under Title 11, Section 45-101, et seq., Oklahoma Statutes, and any amendments made thereto, and are intended to give the Planning Commission all the powers, duties and authority provided in said act and amendments thereto.

B.

Appointment, Term of Office and Alternate Members. The members of the Planning Commission shall consist of 9 regular commission members and 3 alternate commission members, all of whom shall reside within the City limits. The alternate members shall at time of appointment be designated Alternate 1, Alternate 2, and Alternate 3. The members and alternate members of the Planning Commission shall be nominated by the mayor and confirmed by the City Commission. The members of the Planning Commission shall hold office for a term of 3 years with one-third appointed or reappointed each year. Appointments to fill vacancies shall be for the unexpired term only of such member whose office becomes vacant. Annual appointments to the Commission shall be nominated by the mayor and confirmed by the City Commission prior to June 1 of any given year, with 3 regular and 1 alternate members' terms ending each year to create a staggered replacement, but a member may serve only 2 consecutive full terms. Alternate members may be seated when necessary to fill a temporary vacancy on the commission, to fill in for a member who is unable to attend a meeting or to be seated when a member recuses or disqualifies to serve regarding a particular item being considered. The Chair of the Commission or Chair's designee shall designate the alternate member(s) to serve from the appointed alternates, choosing alternates in their designated number order. Such alternate members shall have all of the powers of regular Commission members when properly seated.

C.

Qualifications. Members of the Planning Commission shall be actual residents of the City at the time of their appointment to the Commission and during their tenure of office. Any member moving outside the City limits during their term of office shall by doing so create a vacancy in the office of the member who has moved.

D.

Removal of Members. The City Commission shall be the sole judge of the qualifications of the members of the Planning Commission, and may without notice and at their discretion remove any or all of the members from the Commission.

E.

Compensation. The members of the Planning Commission shall serve without pay.

F.

Attendance. The chair of the Planning Commission shall report to the mayor on a semiannual basis the attendance records of the members of the Board. The chair shall request the replacement of any member who has had more than 50 per cent absences from the regular meeting during the preceding six-month period. This section shall not apply to Alternate Planning Commission Members.

G.

Powers and Duties. The Planning Commission shall have the following powers and duties.

1.

Preparation of Comprehensive Plan and Other Plans. The Planning Commission shall prepare from time to time plans for the systematic development and betterment of the City. The Planning Commission may consider and investigate any subject matter tending to the development and betterment of the City, and make recommendations as it may deem advisable concerning the adoption of such plans to the City Commission, and for any purpose may make, or cause to be made, surveys, maps or plans.

2.

Text Amendments. The Planning Commission shall be responsible for reviewing UDC text amendment applications and for recommending that the City Commission approve or deny such applications.

3.

Map Amendments. The Planning Commission shall be responsible for reviewing map amendment (rezoning) applications and for recommending that the City Commission approve, approve with conditions or deny such applications.

4.

Subdivisions. The Planning Commission shall be responsible for recommending that the City Commission approve, approve with conditions or deny such applications.

5.

Planned Unit Developments.

a.

PUD Rezoning. The Planning Commission shall be responsible for reviewing PUD Rezoning applications and for recommending that the City Commission approve, approve with conditions or deny such applications.

b.

PUD Final Development Plan. The Planning Commission shall be responsible for reviewing PUD Final Development Plans and for acting to approve, approve with conditions or deny such applications.

6.

Conditional Use Permits. The Planning Commission shall be responsible for reviewing Conditional Use Permit applications and for recommending that the City Commission approve, approve with conditions or deny such applications.

7.

Public Improvements. Before any final action shall be taken by the City Commission concerning the location and design of any public building, memorial, park, parkway, boulevard, new street, alley or bridge, such question shall be submitted to the Planning Commission for investigation and report to the City Commission or City Manager. Annexation/deannexation and sale or purchase of public properties shall be referred to the Planning Commission for recommendation.

8.

Other Matters. The Planning Commission shall have such other duties as determined from time-to-time by the City Commission and as provided by law.

(Ord. No. 2723, 8-19-02; Ord. No. 3047, 8-20-18)

Sec. 207 - City Commission

A.

Responsibility. The City Commission shall be responsible for final action regarding the text of this UDC and the Official Zoning Map.

B.

Powers and Duties. The City Commission powers and duties under this UDC are set out below:

1.

Text Amendments. The City Commission shall be responsible for reviewing UDC text amendment applications and for taking the final local action to approve or deny such applications.

2.

Map Amendments. The City Commission shall be responsible for reviewing map amendment (rezoning) applications and for taking the final local action to approve, approve with conditions or deny such applications.

3.

Major/Minor Subdivisions. The City Commission shall be responsible for reviewing and taking the final local action to approve or deny a Minor or Major Subdivision Plat applications.

4.

Planned Unit Developments.

a.

PUD Rezoning. The City Commission shall be responsible for reviewing PUD Rezoning applications and for taking the final local action to approve, approve with conditions or deny such applications.

b.

PUD Final Development Plan. The City Commission shall be responsible for hearing appeals of the Planning Commission's decision on PUD Final Development Plans and for taking the final local action on such appeals.

5.

Conditional Use Permits. The City Commission shall be responsible for reviewing conditional use permit applications and for taking the final local action to approve, approve with conditions or deny such applications.

6.

Site Development Plans. The City Commission shall be responsible for hearing appeals of the Planning Director's decision on Development Plan Review matters and for taking the final local action on such appeals.

(Ord. No. 2703, 1-22-02; Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2782, 4-4-05)