This division identifies the roles, duties, and responsibilities of various appointed and elected boards, commissions, and City staff in the administration of this ordinance.

The Planning Commission and the Board of Adjustment members shall, in the performance of their quasi-judicial, adjudicatory responsibilities in all matters before them, including all matters that their members should reasonably know or expect to come before them, shall:

A.

Make their decisions solely on the applicable law and the evidence in the record presented to the panel through the secretary of the board or commission or, when permitted, submitted to the panel in an open hearing on the record;

B.

Be impartial in fact and in appearance in the performance of their functions, which means that the panel and its members shall make their decisions without any actual or seemingly apparent personal or financial bias, prejudice, prejudgment, or partiality with respect to any person, party, or principle of law; and

C.

Conduct their proceedings according to the applicable procedures provided by law.

A.

Appointment and confirmation. Appointments to boards and commissions within the scope of this ordinance shall be made and confirmed by the City Council in accordance with the rules adopted by the City Council and with state statutes.

B.

Conduct. This section contains procedures that are common to appointed boards and commissions under this chapter, including the Planning Commission and the Board of Adjustment.

1.

Absence of member. Any member of an appointed board or commission under this ordinance anticipating an absence from a meeting of their board [or] commission shall so advise the chair or secretary prior to the meeting.

2.

Agenda. The agenda for each regular meeting of an appointed board or commission under this ordinance shall be prepared by the secretary and shall be distributed to each member at least 24 hours prior to the meeting.

C.

Conflict of interest.

1.

No member of an appointed board or commission under this ordinance shall participate in any decision in which the board or commission determines either that such member has a conflict of interest, as defined in this Code; or that such member has a personal interest or involvement in the case that would prevent that member from fairly evaluating the case; or that, based on all surrounding circumstances, participation by such member would create the appearance of impropriety in the proceedings.

2.

The determination shall take into consideration the interest of the public in boards and commissions that have familiarity with the community and its past and future development. No member shall be excused from participation solely on the basis of personal familiarity with the case or the parties involved.

3.

Any member who has a possible conflict of interest in a pending matter shall bring this information to the attention of the chair before the staff begins its presentation or as soon thereafter as the member recognizes his or her possible conflict. It shall be the responsibility of each member to fully disclose facts showing any known conflict of interest or other personal interest or involvement. Where appropriate, the conflict may be discussed in executive session, when appropriate.

4.

Immediately upon discovering the existence of any conflict of interest prohibited by this section, the municipal ordinance, or any state law applicable to local government officials, the board or commission member shall fully disclose on the record in open session of the board or commission the nature of and the facts creating the conflict and shall be disqualified from any participation in or communications with other members of the board or commission on the matter with which a conflict exists.

5.

A member who has a possible conflict of interest in a matter for decision may participate in that decision only upon the affirmative vote of a majority of all remaining commission members present. Such vote shall be recorded on the public record.

6.

Any member found by the board or commission to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter.

D.

Ex-parte contacts prohibited.

1.

For the purposes of this subsection, ex-parte contacts and communications are defined as the receipt, either directly or indirectly, of verbal, visual, or written communications outside a duly noticed, open hearing on the record at which all parties and all board or commission members have an opportunity to be present.

2.

Members of the Board of Adjustment shall refrain from permitting ex-parte contacts or communications with any person regarding any matter pending before or which may be reasonably expected to be pending before them.

3.

Ex-parte contacts shall not influence proceedings of the Board of Adjustment. If a member of the Board of Adjustment obtains information outside of the public hearing process, whether through inadvertent ex-parte communications with interested parties or through specific personal knowledge of a case, they shall fully disclose the information or knowledge to the board or commission during the public hearing, along with the source of that information.

4.

Such ex-parte communications or personal knowledge of a case shall not constitute a conflict of interest or other basis for excuse from participation in any case. Ex-parte contacts shall be also prohibited for matters under reconsideration by the Board of Adjustment.

5.

The prohibition against ex-parte contacts remains in effect as long as a matter may reasonably be expected to come before the Board of Adjustment until after all appeal and remands for further consideration and reconsideration have concluded or the time for such proceedings has expired.

E.

Consent agenda. Any appointed board or commission under this ordinance may establish a consent agenda. The consent agenda shall consist of matters brought before the board or commission for action that do not require a public hearing. All items on the consent agenda may be approved by motion without debate. Before any action is taken on items listed on the consent agenda, the board or commission shall allow for a public comment period. An item may be removed from the consent agenda prior to the approval at the request of any member of the board or commission present at the meeting, by City staff, or if requested by the applicant. Items removed from the consent agenda shall be considered on the regular agenda.

F.

Quorum—Official action.

1.

A majority of the full membership of the board or commission shall constitute a quorum for the transaction of business.

2.

Action by the Planning Commission shall require the favorable vote of a majority of the members present. Action by the Board of Adjustment shall require the favorable vote of the majority of members of the fully constituted Board, which shall include all appointed members not excused for conflict of interest in the board or commission action.

G.

Meetings open to public. All meetings of the appointed boards and commissions under this ordinance shall be open to the public. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. This section does not apply to any votes required to be taken to organize a board or commission.

H.

Removal of member. A member of any appointed board or commission under this ordinance may be removed from office:

1.

For cause; provided that any individual whose removal is being considered by the Council shall be entitled to notice and an opportunity to be heard prior to the decision to remove said individual;

a.

Applicable to all boards, commissions, trust, or other agencies of the City whose membership is appointed or confirmed by the City Council and who meet at least monthly, whenever any member is absent from more than one-half of all meetings of the board, commission, trust, or other agency, held within any period of four consecutive months, the member shall thereupon cease to hold the appointive office; or

b.

Applicable to all boards, commissions, trust, or other agencies of the City whose membership is appointed or confirmed by the City Council, and who meet less often than monthly, whenever any member is absent for more than one-half of any four consecutive meetings, the member shall thereupon cease to hold the appointive office. Provided that emergency meetings may not be counted in the calculation, all at the City Council's sole option and the council may excuse other absences.

c.

Applicable to all boards, commissions, trusts, or other agencies of the City, whenever the City Council or a court of competent jurisdiction finds any member guilty of misconduct or neglect of duty, the member shall thereupon cease to hold the appointive office.

I.

Representatives. Persons appearing before an appointed board or commission under this ordinance may appear in person or through a representative, agent, or attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the Board or Commission.

J.

Secretary. The Director shall be the secretary of each appointed board and commission in this ordinance. In the Director's absence, another member of the planning staff as determined by the Director shall act as secretary. The secretary shall cause to have a record kept of all meetings of each board or commission and shall keep such files as may be required.

K.

Applicability of other provisions. The provisions of this ordinance shall not be a limitation on more restrictive rules regarding the conduct of boards and commissions set forth elsewhere in this Code, or applicable state and/or federal regulations.

A.

Generally. The City Council is established by Chapter 2, Administration, of this Code.

B.

Powers and duties. The City Council shall have the authority to make final decisions on the development applications denoted in Table 6-3-1.3-1, Administrative and Public Meeting Permits Summary.

A.

Generally. The Planning Commission is established in Chapter 2, Article VIII, of this Code and in accordance with and controlled by the provisions of the 11 O.S., Cities and Towns.

B.

Powers and duties.

1.

Review and decision-making responsibilities. The Planning Commission shall have the authority to review, make recommendations, and make final decisions on development review procedures in Table 6-3-1.3-1, Development Review Summary Table.

2.

Other powers and duties.

a.

Develop, review, and make recommendations to the City Council regarding policies, plans, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community; and

b.

Exercise such other powers, and perform such other duties, as are provided by law and directed by the City Council.

C.

Appointments, membership, and rules. Requirements for appointments to the Planning Commission and operating rules are in Chapter 2, Article VIII, of this Code.

A.

Generally. This section establishes the Board of Adjustment (Board) in accordance with and controlled by the provisions of 11 O.S., Cities and Towns.

B.

Powers and duties.

1.

Development review. The Board of Adjustment shall have the authority to review, give recommendations, and make final decisions on development review procedures as denoted in Table 6-3-1.3-1, Development Review Summary Table.

2.

Other powers and duties. The Chair, or in his or her absence the Acting Chair, may administer oaths and compel the attendance of witnesses by subpoena.

C.

Appointments and membership.

1.

Members and appointment of members. The Board shall consist of five members who shall be appointed by each Council member subject to confirmation by a majority vote of the entire membership of the Council.

2.

Terms. Appointments to the Board shall be for staggered three-year terms unless removed as provided below.

3.

Chair and Secretary.

a.

The Board shall annually elect one of its members as Chair.

b.

The Board shall appoint a Secretary who may be an employee of the City.

4.

Removal from office. The City Council shall have the power to remove any member of the Board of Adjustment for just cause, upon written charges, and after a public hearing.

5.

Vacancies. Vacancies shall be filled by the City Council, in accordance with state statutes, for the unexpired term of any member whose term becomes vacant. Vacancies shall be nominated by the representing Council member from the ward where the Board member was originally nominated (i.e. if a Board member was nominated by a Council member representing Ward 2, then the representative from Ward 2 may reappoint or appoint someone new to the Board).

D.

Meetings and procedures.

1.

Meetings. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine according to its calendar. All meetings shall be open to the public.

2.

Quorum. A quorum of the Board shall be three members.

3.

Rules of procedures. The Board shall adopt rules in accordance with the provisions of this ordinance and any law applicable to the Board.

4.

Records. The Board shall keep the minutes of its proceedings, showing the attendance and vote of each member upon each question, and shall keep records of its proceedings and the reason for all official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

A.

Generally. For purposes of this ordinance, the Community Development Director (Director) shall serve as the administrator of this ordinance. The Director serves as a member of the City staff who is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications). The Director may designate City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this ordinance. The Director may also delegate review responsibilities to other members of the City staff with relevant technical training or expertise or to consultants that are authorized by the City Manager, as appropriate.

B.

Powers and duties. The Administrator shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 6-3-1.3-1, Development Review Summary Table.

§ 6-3-1.1. Purpose. The purpose of this division is to describe the procedures for review and approval of all applications for development activity in the City of Broken Arrow. ;;p0; § 6-3-1.2. Applicability.

A.

Generally. This division applies to the use and development of land and all development activity that requires a recommendation and/or final decision from an administrative body denoted in Table 6-3-1.3-1, Development Review Summary Table.

B.

Compliance. Any person proposing a land use or development shall comply with the procedures of this division. The City will not issue a permit for any building, structure, construction, or use unless it conforms with all provisions of this Zoning Ordinance, and other applicable ordinances.

§ 6-3-1.3. Development review summary table.

A.

Summary table. Table 6-3-1.3-1, Development Review Summary Table, summarizes the review and decision-making responsibilities for the procedures described in this division. The table is a summary tool and does not describe all possible types of decisions made under this ordinance. Other duties and responsibilities are described in Division 6-2, Code Administrators.

B.

Director referral. In addition to the reviews summarized in Table 6-3-1.3-1, the Director may also refer applications to other boards, commissions, government agencies, and non-governmental agencies not referenced in this chapter.

§ 6-3-2.1. Purpose and applicability.

A.

Purpose. The purpose of this section is to detail the standard review procedures, which are applicable to all or most types of development applications. Subsequent sections of this division detail additional provisions unique to each type of application, including staff and review board assignments and approval criteria.

B.

Applicability. The subsections of this section apply to all development activity that requires a recommendation or final decision from any of the Code Administrators described in Division 6-2, Code Administrator. The Code Administrators responsible for recommendations and final decisions for each development application are denoted in Table 6-3-1.3-1, Development Review Summary Table.

§ 6-3-2.2. Pre-development meeting.

A.

Generally. A pre-development meeting is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant and the City staff with the applicable provisions of this ordinance, the Comprehensive Plan, infrastructure requirements, and any other issues that may affect the applicant's proposal.

B.

Applicability. Table 6-3-1.3-1, Development Review Summary Table, denotes the development review applications that require a pre-development meeting. A pre-development meeting is optional prior to submission of any other application under this division not denoted in the table.

C.

Timing. The conference should take place prior to any substantial investment, such as land acquisition for a proposed development, site, and engineering design, or the preparation of other data.

D.

Initiation and scheduling. The potential applicant shall request a pre-development meeting with the Director. Upon receipt of the request, the Director shall schedule and hold the pre-development meeting. The Director shall notify the applicant of the time, date, and place of the pre-development meeting.

E.

Conference materials. With the request for a pre-development meeting, the applicant shall provide to the Director a description of the character, location, and magnitude of the proposed development and any other available supporting materials, such as maps, drawings, models, and the type of application. It is the applicant's responsibility to provide sufficiently detailed plans and descriptions of the proposal for staff to make the informal recommendations discussed below. The materials should be submitted at least five business days before the conference.

F.

Conference determinations. At the conference, the Director, and any other persons the Director deems appropriate to attend shall review the material provided by the applicant and discuss the proposed development, make recommendations, and indicate concerns, problems, or other factors the applicant should consider in pursuing the proposal.

G.

Informal evaluation not binding. The informal evaluations of the Director and staff provided at the conference are not binding upon the applicant or the City but are intended to serve as a guide to the applicant in making the application and advising the applicant in advance of the formal application of issues that may be presented to the appropriate deciding body.

H.

Disclaimer. Outcomes of the pre-development meeting shall not imply, in whole or in part, any final decision on the application.

I.

Waiver. The Director may waive the pre-development meeting requirement for applications where he or she finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

J.

Continuing review process.

1.

Generally. After the pre-development meeting has occurred, applications that require such conference may subsequently undergo the processes established in [Subsection] 6-3-2.3, Application Submittal. If required as denoted in Table 6-3-1.3-1, Development Review Summary Table, applications for these types of development review applications shall not be accepted until after the pre-development meeting is completed.

2.

Application required within six months. After a pre-development meeting has been completed, an application must be completed within six months or sooner if required by the Director due to changing conditions. If an application is not filed within such timeframe, a new pre-development meeting shall be required prior to filing an application.

§ 6-3-2.3. Application submittal and fees.

A.

Authorization to initiate applications. Table 6-3-2.3-1, Application Initiation, denotes those who are authorized to initiate each of application types.

B.

Submission of application.

1.

Form. All development review applications required under this Zoning Ordinance shall be submitted in a format and in such number as required by the Director.

2.

Fee. Applications shall include fees in accordance with Subsection D, Fees, below.

3.

Additional information. Additional application-specific information may be required by the Director, Planning Commission, and/or City Council, as necessary and appropriate to evaluate fully whether an application complies with the requirements of this Zoning Ordinance. Additional information requested shall be included in the application submittal.

4.

Waivers. The Director may waive certain submittal requirements in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. Such requirements may be waived if the Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly support such waiver.

5.

Submission deadlines. The Director shall establish a schedule for the intake of the various types of applications that are required by this Zoning Ordinance.

C.

Fees.

1.

Generally. Development review fees are established in the Manual of Fees to recover the costs incurred by the City in processing, reviewing, and recording applications pertaining to development applications or activity within the City's boundaries. The applicable development review fees shall be paid at the time of submittal of any development application.

2.

Development review fee schedule. The amount of the City's development review fees shall be established by the City Council. The schedule of fees shall be reviewed annually and shall be adjusted, if necessary, by the City Manager on the basis of actual expenses incurred by the City.

3.

Relationship to application. No application is complete until all up-front fees for review are paid. The time period for processing an application after completeness review does not start unless the fees are paid.

4.

Exception. No fees shall be charged to any government agency for work being performed by the employees of the agency or hired by the City.

D.

Continuing review process. Complete applications shall subsequently undergo the processes established in [Subsection] 6-3-2.4, Application Completeness Review.

§ 6-3-2.4. Application completeness review.

A.

Timeline for review. The completeness review by the Director shall be accomplished no later than five business days after an applicant submits a potential application.

B.

Meaning of completeness. The determination of completeness shall not be based upon the perceived merits of the application. The Director shall deem complete an application if:

1.

Pre-development meeting. If denoted as required in Table 6-3-1.3-1, Development Review Summary Table, a pre-development meeting has been held.

2.

Information required by form. All of the submittal information required in the application form has been provided;

3.

Fee. The application fee(s) has been paid;

4.

Certified documents or drawings. Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required) have been provided; and

5.

Additional information requested. Additional information requested by the Director, Planning Commission, and/or City Council is provided.

C.

Submittal date. Complete applications are considered submitted on the date that the Director deems them complete.

D.

Incomplete and rejected applications.

1.

Explanation. The Director shall return incomplete applications to the applicant along with a written explanation that describes in general terms the materials that shall be provided in order to complete the application.

2.

Processing of incomplete applications. No further processing of an incomplete application shall occur until the deficiencies are corrected and a complete application is submitted.

3.

Not considered filed or submitted. Incomplete or rejected applications are not considered "submitted" or "filed."

4.

False or misleading information. If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed incomplete.

E.

Completeness does not equate approval. A determination of completeness does not mean that:

1.

Accuracy. The contents of the submittal are accurate or that they comply with the standards of this ordinance;

2.

Approval. The application will receive a positive recommendation or final decision from the applicable review body; or

3.

Additional clarification. During review, additional clarification or information will not be needed.

F.

Continuing review process. If the application is determined to be complete, the application shall subsequently undergo the processes established in [Subsection] 6-3-2.5, Staff Review and Referral.

§ 6-3-2.5. Staff review and distribution.

A.

Review, final decision, and distribution. After completeness determination, the Director according to the review responsibilities denoted in Table 6-3-1.3-1, Development Review Summary Table:

1.

Review and comment. Review applications and provide comments to the applicant, which may include required revisions based on the requirements of this ordinance and other adopted requirements and standards;

2.

Review and decide. Review and make a final decision on administrative applications; or

3.

Referral or distribution. Refer and distribute the development application to the appropriate Code Administrator or outside agencies (such as utilities and school districts) for review, comment, and, if denoted in Table 6-3-1.3-1, recommendation or final decision.

B.

Staff report. For applications that require a public meeting or hearing, a staff report shall be written by the Director and made available for inspection and copying by the applicant and the public prior to the scheduled public hearing or meeting. The staff report shall indicate whether, in the opinion of the Director, the development application complies with all applicable standards of this Zoning Ordinance. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal.

C.

Continuing review process.

1.

Approved application. Applications receiving approval may be subject to [Subsection] 6-3-2.8, Inactive and Expired Applications, through Subsection 6-3-2.12, Post-Approval Provisions.

2.

Applications requiring public meeting or hearing. Applications requiring a public meeting or hearing, as denoted in Table 6-3-1.3-1, Development Review Summary Table, shall subsequently undergo the processes established in Subsection 6-3-2.7, Public Notice and Public Meetings.

§ 6-3-2.6. Common decision criteria.

A.

Common review criteria. In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable deciding bodies shall consider the common decision criteria denoted in Table 6-3-2.6-1, Common Decision Criteria. Additional specific decision criteria may apply and are enumerated in the specific review procedures within this division.

B.

Burden of proof or persuasion. In all cases, the burden is on the applicant to establish, by a preponderance of evidence, that an application meets all applicable review criteria.

§ 6-3-2.7. Public notice and public hearings.

A.

Public notice.

1.

Applicability. Table 6-3-1.3-1, Development Review Summary Table, sets out the specific notice requirements for each type of application where notice is required.

2.

Constructive notice.

a.

Minor defects. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties.

b.

Formal finding of notice adequacy. If questions arise at the hearing regarding the adequacy of notice, the deciding body shall make a formal finding or direct the Planning Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this ordinance.

c.

Failure to receive mailed notice. Failure of a party to receive written notice wherein delivery was attempted shall not invalidate subsequent action.

d.

City records. When the records of the City document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section.

3.

Content of notices. Regardless of whether the notice is posted, published, or mailed, the notice required by this ordinance shall contain:

a.

The date, time, and place of the public hearing;

b.

If applicable, a brief description of the property that is the subject of the application by street address and/or by legal description and nearest cross street;

c.

A brief description of the nature and purpose of the public hearing;

d.

A statement that the public is invited to review and comment on the matter to be heard; and

e.

Contact information for the Planning and Development Division and/or where additional information on the matter may be obtained.

4.

Proposed rezoning.

a.

In a proposed rezoning, internal zoning district lines within a development may undergo minor alterations after submittal, but before the public hearing, without requiring re-notification.

b.

Minor alterations shall consist of the following:

i.

A shift that rezones a maximum of 20 percent of the property; or

ii.

A shift that does not place a proposed mixed use or nonresidential zoning district adjacent to a residential district.

c.

Any internal alteration that is not minor shall require re-notification.

B.

Procedural requirements for public notice.

1.

Mailed notice.

a.

Notice recipients. If Table 6-3-1.3-1, Development Review Summary Table, denotes mailed notice is required for an application, the applicant shall provide the Director with a list of applicable property owners and organizations as specified below and addressed adhesive envelope labels for each owner. The list shall be prepared and certified by a title insurance company or abstract company licensed by the State of Oklahoma. Written notice shall be provided to the property owners and organizations noted above on parcels within 300 feet of the outer boundary of the land subject to the application, except that for social service establishments that require a conditional use permit, the notice shall be provided to parcels within 1,320 feet of the outer boundary of the land subject to the application.

b.

Timeframe and mailing responsibilities. The Director shall deposit such notice into first class mail at least 20 days prior to the scheduled date of the hearing. In computing such period, the day of mailing shall not be counted, but the day of the hearing shall be counted.

2.

Published notice. If Table 6-3-1.3-1, Development Review Summary Table, denotes published notice is required, the Director shall publish notice in a newspaper of general circulation in the area. The notice shall be published at least 20 days before the scheduled hearing date. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted.

3.

Posted notice.

a.

Location. If Table 6-3-1.3-1, Development Review Summary Table, denotes posted notice is required, at least one sign shall be posted on the lot, parcel, or tract of land in a prominent place that clearly visible from any abutting major arterial street, collector street, or, if the property does not abut an arterial or collector street, the most heavily traveled street or public way. In particular, a tract of land abutting an arterial street and that also abuts a residential subdivision having stubbed streets that cannot be served by the same arterial street serving the subject property shall post at least one additional sign clearly visible from at least one street in the residential subdivision which is stubbed to the subject property.

b.

Timeframe. Posted notice shall remain on the subject property for at least ten days prior to the public hearing.

C.

Public meetings and hearings. [AG, CG, CH, IH, IL, ON, RMH, RMD, RMF, RS-C, RS-P, RS]

1.

Applicability. Table 6-3-1.3-1, Development Review Summary Table, denotes the development review procedures that require public meetings and hearings. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this Zoning Ordinance are classified as requiring a "public meeting" or "public hearing."

2.

Open meetings. All public meetings and hearings shall be open to the public except as otherwise provided in 24 O.S. §§ 301—314, Open Meetings Act.

3.

Public meetings. Except for administrative decisions decided by the Director, any application that does not require a public hearing prior to a recommendation or final decision requires a recommendation or final decision to be made during a public meeting.

4.

Public hearings. A public hearing, if required under this Zoning Ordinance, shall be conducted in accordance with the rules adopted by the City of Broken Arrow.

5.

Less dense or intense district. An applicant, Planning Commission, or Council may change his or her requested zoning district during a public hearing to a less dense or intense zoning district without re-applying. This shall not apply to the mixed use districts listed in Division 3-2, Mixed Use Standards, or the special purpose and overlay districts, listed in Division 3-4, Special Purpose and Overlay District Standards.

a.

The following residential districts are listed from least dense to most dense:

i.

Agricultural (AG);

ii.

Single-family residential (RS);

iii.

Single-family residential-Compact (RS-C);

iv.

Single-family residential-Preservation (RS-P);

v.

Residential medium density (RMD);

vi.

Residential manufactured home (RMH); and

vii.

Residential multi-family (RMF).

b.

The following nonresidential districts are listed from least intense to most intense:

i.

Office neighborhood (ON) and commercial neighborhood (CN);

ii.

Commercial general (CG);

iii.

Commercial heavy (CH);

iv.

Industrial light (IL); and

v.

Industrial heavy (IH).

D.

Continuing review process. Applications decided upon at a public meeting or hearing may be subject to Subsection 6-3-2.8, Inactive and Expired Applications, through Subsection 6-3-2.11, Inspections.

§ 6-3-2.8. Inactive and expired applications.

A.

Unapproved applications.

1.

Process to inactivity. An unapproved application becomes inactive after 365 days from receiving review comments if the applicant fails to completely address the City's comments to allow further processing of the application unless the Director determines that the applicant is actively pursuing action to address such comments.

2.

Expiration. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.

B.

Approved applications. Approved applications shall expire at the end of the expiration period as denoted in Table 6-3-1.3-1, Development Review Summary Table, unless:

1.

A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;

2.

Development has commenced and is being diligently pursued toward completion; or

3.

An extension is granted in accordance with Paragraph E, Extension of Time, below.

C.

Extension of time.

1.

Request. Prior to the expiration of an approved application or unapproved inactive application, the applicant may request in writing an extension of the expiration date of up to six months.

2.

Amendments. If this Zoning Ordinance is amended or other applicable regulations are adopted during the period of time when the application was inactive, the application shall:

a.

Not be subject to compliance to the new regulations until the original application is considered to be voided; and

b.

Become subject to the new regulations and ordinances if the period of time to request an extension lapses.

3.

Expiration of extension. Approved applications or unapproved inactive applications shall expire after the six-month extension lapses if the Director determines that the applicant is not actively pursuing action to complete the development or address comments.

§ 6-3-2.9. Findings, continuances and withdrawals.

A.

Decision. After consideration of the development application, the staff report, comments received from other reviewers (if applicable), and the evidence from the public hearing (if applicable), the deciding body shall approve, approve with conditions, or deny the application based on its compliance with the applicable decisions criteria notification of the decision shall be provided by the Director to the applicant within ten days after the decision.

B.

Findings. All decisions shall include at least the following elements:

1.

A clear statement of approval, approval with conditions, or denial, whichever is appropriate; and

2.

If denied, a clear statement of the basis upon which the decision was made, including specific, written findings of fact with reference to the relevant standards of this ordinance.

C.

Conditions of approval. The deciding body on a planned unit development, conditional use permit, or variance application may impose such conditions on the approval of the application as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Plan and this ordinance. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both nature and extent to the anticipated impacts of the proposed use or development. No conditions of approval, except for those attached to a variance approval, shall be less restrictive than the requirements of this ordinance.

D.

Effect of inaction on applications. When the Planning Commission or Board of Adjustment fails to take action on an application within the time required (which varies by type of application), such inaction shall be deemed a denial of the application, unless the deciding body agrees to an extension of the time frame in writing.

E.

Continuances. Requests for continuance by the applicant of any proceeding called for in this article may be granted at the discretion of the body holding the public meeting or public hearing.

F.

Withdrawal. Any application may be withdrawn, either in writing or on the record, prior to or during the meeting or hearing at which the application is considered, provided that it is withdrawn before official action is taken on the application.

§ 6-3-2.10. Concurrent applications.

A.

Generally. For development proposals requiring approval of more than one application required by this Zoning Ordinance, concurrent application submittals may be considered at the risk of the applicant and at the discretion of the Director.

B.

Decisions on concurrent applications. Deciding bodies considering such concurrent applications shall make separate recommendations and decisions on each application based on the standards in this Zoning Ordinance.

C.

Timing. Timing of approvals and specified expirations of approvals shall be as stated in this Division for each application type; therefore, concurrent application processing is at the applicant's risk and does not guarantee expedited approvals of any application type.

§ 6-3-2.11. Inspections.

A.

Generally. The Director and other City officials are authorized and directed to make such inspections as are necessary to determine compliance with this ordinance.

B.

Applicability. Work associated with all application types are subject to inspection.

C.

Right of entry. The Director and other City officials shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Zoning Ordinance.

§ 6-3-2.12. Post-approval provisions.

A.

Revocation of approval. A development review body may revoke any permit or approval it issued where there has been a violation of the provisions of this ordinance or misrepresentation of fact on the application or in the public meeting or hearing, as determined by the City Attorney.

B.

Approvals run with land. Permits or approvals authorizing a particular land use or structure shall run with the land.

§ 6-3-3.1. Generally. The subsections contained in this section outline specific review criteria, procedures, and/or the effect of approval for every administrative permit and procedure. These are in addition to the common review procedures detailed in Section 6-3-2, Standard Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 6-3-1.3-1, Development Review Summary Table.

§ 6-3-3.2. Zoning clearance permit.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria.

B.

Effect. An approved zoning clearance permit authorizes the subject use, building, or structure to be established to the extent and specific details included in the approved application. Approval of a zoning clearance permit does not directly authorize other approvals that may also be required by this Zoning Ordinance or the City's Code of Ordinances.

§ 6-3-3.3. Building permit.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including whether the proposal complies with adopted building codes.

B.

Effect. Building permits issued on the basis of approved site plans and landscape plans and applications authorize only the use, arrangement, and construction set forth in such applications and plans. The use, arrangement, or construction differing from that authorized is a violation of this ordinance.

§ 6-3-3.4. Site plan.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria.

B.

Specific review procedures. The Director may refer any application to the Planning Commission that at the Director's discretion presents issues that require the attention of the Planning Commission.

C.

Effect. Approval of a site plan authorizes the applicant to proceed with development of the site as proposed in the site plan. It does not directly authorize development if other approvals are required by this ordinance.

§ 6-3-3.5. Temporary use permit.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including standards in Division 2-5, Temporary Uses and Structures.

B.

Specific review procedures.

1.

Exemptions. The following temporary uses are deemed approved in any district and do not have to obtain a temporary use permit, provided that the proposed temporary use complies with the general requirements in Section 2-5-3, Temporary Use Standards:

a.

City coordinated events. Events utilizing City property, public streets, or public rights-of-way, provided that the applicant shall coordinate the event with the Special Events Coordinator and comply with any conditions required by the Police and Fire Departments;

b.

Yard sales. Up to seven, one-day garage or yard sales per year per dwelling unit;

c.

Car washes. Temporary car washes lasting no more than seven days per year;

d.

Gatherings of less than 100 people. Gatherings of less than 100 people, such as block parties, nonprofit bazaars, and fundraisers; and

e.

Enclosed uses. Temporary uses that occur wholly within an enclosed permanent building.

2.

Conditions of approval. The Director, in coordination with other City staff as may be necessary, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:

a.

Hours of operation. Modification or restrictions on hours of operation.

b.

Clean up. Posting of a performance bond to ensure clean-up and removal of signs, equipment, trash, and other similar items; or

c.

Attendance. Limitations on the attendance of an event to ensure it can be properly managed.

3.

Denial. The Director may deny a temporary use permit application if the proposed temporary use is too large to be safe for the site, neighborhood, street, or other infrastructure.

C.

Effect of decision. Approval of a temporary use permit authorizes the temporary activities on the property that is subject to the permit. Approval of a temporary use permit does not directly authorize development if other approvals are also required by this ordinance.

§ 6-3-3.6. Administrative adjustment.

A.

Eligibility. The following standards are eligible for an administrative adjustment. No other standards in this ordinance are eligible for an administrative adjustment.

1.

Lot area or frontage. The measured frontage of a property that does not differ more than ten percent from the permitted frontage requirements.

2.

Position. A shift in the position of a structure that encroaches no more than ten percent into the required setback, provided that there is no encroachment into an easement or floodplain.

3.

Height. Additional height of a structure that does not exceed ten percent of the permitted height.

4.

Gross floor area (GFA). An addition to a structure that does not exceed ten percent of the permitted GFA of the structure.

B.

Mitigation.

1.

Ten percent maximum. In no case may an applicant request an administrative adjustment that exceeds ten percent of the standards listed in Subsection A, Eligibility, above.

2.

Mitigation measures. If the applicant requests an administrative adjustment, then he or she shall incorporate the following associated mitigation measures based on the type of administrative adjustment sought:

a.

GFA. For every percentage point above ten percent that the applicant requests for additional GFA, the site shall provide one of the following:

i.

Three percentage points of additional landscaped area and trees, compared to what it would normally be required to provide, based on Division 4-3, Landscaping, Screening, and Tree Preservation; or

ii.

The incorporation of a minimum of three of the low impact development features listed in [Subsection] 4-3-9.D, Low Impact Development.

b.

Height. If the applicant requests additional building height above the ten percent threshold, the public-facing facades of the building shall include enhanced architectural features to offset the additional height. Such features may include:

i.

Incorporation of architectural features on the facade of the building as acceptable to the Director;

ii.

Incorporation of building materials on the facade of the building as acceptable to the Director;

iii.

Upper floor step-backs;

iv.

Increases in the upper floor transparency by incorporating additional windows;

v.

Additional articulation lines to vertically and horizontally detail the building; or

vi.

Other features deemed appropriate by the Director.

c.

Position. If the applicant requests to shift the building position so that it encroaches more than ten percent into the required setback:

i.

That portion of the building shall contain a minimum of one of the enhancements listed in Paragraph b., Height, above;

ii.

The applicant shall provide ten percent more trees than typically required in Subsection 4-3-3.B, Landscaped Edge; or

iii.

Other landscape mitigation acceptable to the Director.

d.

Lot area or frontage.

i.

If the applicant requests a lot to be a maximum of ten percent smaller or narrower than required, and the lot is part of a larger subdivision, then the area and widths of other lots in the subdivision shall be increased so that the average lot size of the subdivision complies with the requirements of Chapter 3, Dimensional and Design Standards.

ii.

A maximum of 20 percent of the lots within a single phase of a subdivision are eligible for an administrative adjustment.

C.

Variance process. If the proposed administrative adjustment exceeds the eligibility listed above, the application shall utilize the variance process, outlined in [Subsection] 6-3-5.4, Variance.

D.

Specific review procedures. The Director shall review and may approve, approve with conditions, or deny an application for an administrative adjustment.

E.

Effect. Approving an application for an administrative adjustment shall authorize only the particular deviations from specific requirements of this Zoning Ordinance to the extent provided in this approval.

§ 6-3-3.7. Sign permit.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

1.

Sign standards. Signs shall comply with all applicable standards Chapter 5, Signs, of this Code;

2.

Electrical code. All illuminated signs shall be subject to the provisions of the City's electrical code; and

3.

Site plan conditions. Any conditions established with the approval of a site plan;

B.

Specific review procedures. A sign permit is not required to:

1.

Emergencies. In an emergency situation, a property owner may initiate work without first applying for a sign permit. However, the owner shall apply for a sign permit within 24 hours after the first working day.

2.

Maintenance. Repaint sign or restore a sign to its original condition if the sign otherwise complies with this Zoning Ordinance;

3.

Changing copy. Periodically change the letters, numbers, or message portion of a lawful sign specifically designed for that purpose;

4.

Demolition. Remove a sign if the applicant obtains a demolition permit for the structure on which the sign is mounted; or

5.

Exempted signs. Establish a sign that is exempted from regulation or does not require a sign permit as described in Section 5-1-3, Signs Exempt from Regulation.

C.

Effect. Approved sign permits authorize signs to the extent and specific details included in the approved application. Approval of a sign permit does not directly authorize other approvals that may also be required by this Zoning Ordinance or this Code.

§ 6-3-3.8. Limited use permit.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the use-specific standards detailed in Division 2-3, Limited Standards.

B.

Effect. An approved limited use through a limited use permit authorizes that use to be established according to specific standards set out in Division 2-3, Limited Standards. Approval of a limited use permit does not directly authorize development if other approvals are also required by this ordinance.

§ 6-3-3.9. Certificate of occupancy.

A.

Specific decision criteria.

1.

Review, decision, and findings. In determining whether to approve, approve with conditions, or deny a certificate of occupancy, the Building Official shall consider the applicable common decision criteria in [Subsection] 6-3-2.6, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project.

a.

Installation of all landscaping except trees. Prior to the issuance of a certificate of occupancy (for multi-family, commercial, and industrial developments) or issuance of final inspection (for the first unit in single-family and two-family developments), written certification shall be submitted to the Director or Building Official by an architect, landscape architect, or engineer authorized to do business in the State of Oklahoma, or the owner of the property, stating that the installation of the landscaping, except trees, is in accordance with the approved landscaping plan.

b.

Installation of trees. Prior to or within 120 days following the issuance of a certificate of occupancy (for multi-family, commercial, and industrial developments) or final building permit (for the first unit in single-family and two-family developments), written certification of an architect, landscape architect, or engineer authorized for business in the State of Oklahoma or the owner of the property that all trees have been installed in accordance with the approved landscaping plan shall be submitted to the Director or Building Official.

c.

Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for up to 120 days to allow landscape material to be installed in accordance with the approved landscape plan.

2.

Affirmative findings. In order to issue a certificate of occupancy, the final deciding body established in Table 6-3-1.3, Administrative and Public Meeting Permits Summary, shall make affirmative findings on all of the applicable decision criteria.

B.

Effect. An approved certificate of occupancy authorizes the establishment of an approved use or occupation of the completed project.

§ 6-3-4.1. Generally. The subsections contained in this section outline specific review criteria, procedures, and/or the effect of approval for every public hearing permit and procedure. These are in addition to the common review procedures detailed in Section 6-3-2, Standard Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 6-3-1.3-1, Development Review Summary Table.

§ 6-3-4.2. Zoning map amendment (rezoning). [AG, CG, CH, CN, CM, DF, DM, IH, IL, ON, RMH, RMD, RMF, RS-C, RS-P, RS]

A.

Purpose. The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. Upon approval of a rezoning by City Council, the zoning map will be updated to reflect the approval.

B.

Specific review criteria. The Planning Commission may recommend approval if the rezoning meets all of the following criteria:

1.

The rezoning will promote the public health, safety, and general welfare;

2.

The rezoning is consistent with the Comprehensive Plan and the purposes of this ordinance;

3.

The rezoning is consistent with the stated purpose of the proposed zoning district;

4.

The rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

5.

Future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract.

C.

Specific review procedures.

1.

Public hearings and recommendation.

a.

The Planning Commission shall hold a public hearing on the proposed rezoning and, based on the approval criteria above, vote to recommend that the City Council approve, approve with modifications, or deny the rezoning.

b.

The Director shall forward the Commission's recommendation to the City Council. The case shall be heard at the second Council meeting following the Planning Commission hearing.

c.

If the Planning Commission recommends that the City Council deny a rezoning, that action is final unless, within 15 days of the Commission's action, the applicant files a written request with the Community Development Department for a hearing by the City Council.

2.

Final decision. The City Council shall hold a public hearing on the proposed rezoning and within 90 days after the conclusion of the hearing, based upon the recommendations of the Director and Planning Commission, approve, approve with modifications, or deny the rezoning, or refer the application back to the Planning Commission or to a committee of the City Council for further consideration.

D.

Protest against rezoning. Any owner of property affected by a proposed amendment may protest the amendment pursuant to the statutory requirements of [11] O.S. § 43-105.

E.

Successive zoning map amendment applications. Following denial of an amendment proposal, no new application for the same or substantially the same action shall be accepted by the City within one year of the date of City Council denial, unless denial is made without prejudice.

F.

Form of amending ordinance. If a rezoning application is approved, an ordinance shall be drafted effectuating the rezoning. An ordinance amending the zoning map shall contain the following:

1.

The legal description of the land within each zoning district applied by the ordinance;

2.

The name of each use district which the ordinance applies; and

3.

Effective date after approval.

§ 6-3-4.3. Rezoning to planned unit development. [PUD]

A.

Purpose. Planned unit development (PUD) is established as an overlay zoning district and is intended as an alternative to conventional development. Approval of a PUD requires the submission to the Planning Commission and the City Council of a proposed outline development plan and accompanying development standards applicable to a particular tract, for discretionary review. The PUD provisions are established for one or more of the following purposes:

1.

To permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties.

2.

To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this ordinance.

3.

To encourage the provision and preservation of meaningful open space.

4.

To encourage integrated and unified design and function of the various uses comprising the planned unit development.

5.

To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infrastructure, and land use compatibility.

B.

Applicability.

1.

A PUD may be submitted for land located within any general zoning district or combination of general zoning districts. In every instance, the PUD is to 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. For PUDs approved under previous Zoning Ordinances, this ordinance shall govern where the PUD design statement is silent.

2.

Approval of both outline and final outline development plans is required prior to development in a PUD overlay district. Outline development plans are subject to recommendation by the Planning Commission and approval by the City Council.

3.

An outline development plan may be submitted concurrently with a petition for annexation or a request for rezoning.

4.

Any PUD approved prior to the effective date of this ordinance shall be carried forth in full force and effect and are the conditions, restrictions, regulations, and requirements that apply to the respective planned development districts shown on the Zoning Map at the date of adoption.

C.

Specific decision criteria. The City Council may approve outline development plans, and the Planning Commission may recommend approval, if the rezoning to the PUD overlay district and the associated outline development plan meets all of the following criteria:

1.

The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this ordinance and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to:

a.

Improvements in open space provision and access;

b.

Environmental protection;

c.

Additional landscaping;

d.

Tree/vegetation preservation;

e.

Use of higher quality building materials;

f.

Efficient provision of streets, roads, and other utilities and services; or

g.

Increased choice of living and housing environments.

2.

The PUD is consistent with the Land Use Intensity Classification System of the Comprehensive Plan and the purposes of this ordinance; and

3.

The PUD is consistent with the PUD standards in Section 3-4-5, Planned Unit Development.

D.

Applicant responsibilities and submittal requirements. In addition to the Section 6-3-2, Standard Review Procedures, the following procedures apply:

1.

Pre-application conference. During the required pre-application meeting with Community Development staff, a determination will be made as to whether or not a draft PUD submittal is required. If it is determined that a draft PUD submittal is needed, it shall be submitted for staff review at least two weeks prior to the application being submitted.

2.

Application submittal. The application for PUD shall include an outline development plan. The Director shall require sufficient detail in the outline development plan to provide an opportunity for the reviewing bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum, maps drawn to scale and text, which identify:

a.

The existing topographic character of the land including flood plains and treed areas.

b.

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

c.

An explanation of the character and concepts of the proposed planned unit development.

d.

A delineation of one or more proposed development areas and the specification of the size of each development area and the identification of the land uses proposed therein, and the intensity of land use proposed therein. The intensity of residential uses shall be expressed in number of dwelling units. The intensity of nonresidential uses shall be expressed in gross floor area of buildings.

e.

The proposed maximum building heights and minimum building setbacks.

f.

The approximate location of proposed streets and access points and delineation of any proposed private streets.

g.

The proposed number of off-street parking spaces.

h.

An explanation of proposed open space areas, landscaped areas and screening features including specification of the size of the open space and landscaped areas and statistical particulars of perimeter screening, landscaping and setbacks.

i.

An explanation of the intended ownership of the common areas and the entity or entities responsible for the maintenance of the common areas.

j.

The expected schedule of development including phasing.

k.

Location of public and private open space.

l.

Existing or proposed utilities and public services.

m.

A statement that development on the site will meet applicable standards of the underlying zoning district and this ordinance, or a statement specifying the standards of the underlying district and this ordinance to which modifications are proposed and the justification for such modifications.

n.

A statement specifying the public benefit(s) to be contained in or associated with the PUD.

E.

Specific review procedures.

1.

Public hearings and recommendation.

a.

The Planning Commission shall hold a public hearing on the outline development plan. Within 60 days from the filing of a complete application (unless an applicant has requested and been granted a continuance), the Planning Commission shall conduct a public hearing. The Commission shall recommend that the City Council approve the plan as submitted, approve the plan with modifications, or deny the plan and shall forward the recommendation to the City Council.

b.

An application recommended for denial shall not be considered further unless the applicant, within 15 days from the date of the Planning Commission action, files a written request with the Community Development Department for a hearing by the City Council.

2.

Final action. The City Council shall hold a public hearing on the Outline Development Plan not sooner than ten days subsequent to the date of the Planning Commission action. At the close of the hearing, the Council shall approve, approve with modifications, or deny, or return the application to the Planning Commission for further consideration. Approval of the outline development plan shall vest no rights to the applicant other than the right to submit a final outline development plan.

F.

Conditions of approval. The following shall be standard conditions of the approval of a PUD:

1.

The development standards set forth within the applicant's submitted outline development plan shall be deemed to be incorporated within the action of the City Council in its approval of the application for PUD except as modified therein.

2.

The requirements of the general zoning districts in which the property is located shall remain applicable except as modified within the approved outline development plan and as may be further modified by the City Council in its approval of the application for PUD.

3.

A PUD shall be platted or replatted in accordance with the requirements of [Subsection] 6-3-4.3.J, Coordination with Subdivision Approval.

4.

A detailed site plan shall be submitted for proposed buildings and improvements within the PUD in accordance with the requirements of [Subsection] 6-3-4.3.K, Coordination with Site Plan Approval.

5.

The development of an approved PUD shall be subject to the planned unit development provisions of this ordinance, as the provisions existed on the date of approval of the PUD by the City Council, provided however:

a.

The procedural provisions of the Zoning Ordinance as existing on the date of the filing of an application for amendment to an approved plan unit development, including, but not limited to, required notice, shall be applicable to such amendment.

b.

The substantive provisions of the Zoning Ordinance pertaining to PUD as amended subsequent to the date of approval by the City Council of a PUD, including, but not limited to, changes in the permitted use or intensity of use of the underlying general zoning districts, may be incorporated within the previously approved PUD upon the approval of the City Council of an application for amendment.

G.

Submission of final outline development plan as approved.

1.

After planning commission public hearing. Within ten days after Planning Commission recommendation of approval of a proposed PUD, the applicant shall file with the Community Development Department one electronic copy in a PDF format of a revised outline development plan that incorporates any modifications to the outline development plan recommended by the Planning Commission and accepted by the applicant.

2.

After City Council approval. Within ten days after City Council approval of a proposed PUD, the applicant shall submit to the Community Development Department one electronic copy in a PDF format of a revised outline development plan that incorporates any City Council modifications to the outline development plan, if any, as last submitted by the applicant.

3.

After submittal of updated outline development plan. Within ten days after City Council approval of a proposed PUD and receipt from the applicant an electronic copy in a PDF format of an outline development plan that incorporates all modifications made by the City Council, if any, or if a previously submitted outline development plan fully is consistent with the approval action of the City Council, the Community Development Department shall date and endorse the electronic copy as the approved final outline development plan and shall provide an endorsed copy to the applicant.

4.

Notation on Zoning Map. Upon approval of an application for PUD, the Zoning Map shall be amended to set forth the supplemental zoning district designation "PUD" and a reference file number.

5.

Issuance of building permits. Upon the amendment of the Zoning Map designating a property as a PUD, no building permit shall issue except in accordance with the approved outline development plan and the approved development standards and conditions, including, but not limited to, the recording of the required subdivision plat and the approval of required site plans.

H.

Amendments.

1.

Major. Amendments to an approved PUD that would constitute a significant departure from the approved outline development plan are called "major amendments," and shall require compliance with the notice and procedural requirements of an original PUD; provided, however, notice by mailing may be limited to the owners of property within 300 feet of the area of the PUD to which the amendment is applicable, and notice by posting may be limited to the area of the PUD to which the amendment is applicable.

2.

Minor.

a.

Amendments to an approved PUD that do not constitute a significant departure from the approved outline development plan are called "minor amendments" and shall require notice to be given, by certificate of mailing, only to the record title owners of the properties that are within the PUD and are immediately adjacent to the lot(s) or property(ies) that are the subject of the amendment to the approved PUD. Minor amendments may be approved by the Planning Commission.

b.

In instances where, in the initial consideration of an application for PUD, the City Council has imposed a condition of approval that is more restrictive than the recommendation of the Planning Commission, amendment of that condition shall require City Council approval.

c.

Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces generally may be approved as minor amendments to approved PUDs. However, nothing in this section shall preclude the Planning Commission from determining that, in a particular instance, the requested amendment should be deemed a major amendment.

d.

In no case may the minor amendment process be used to cause any of the following:

i.

A change in the use or character of the development;

ii.

An increase by more than one percent in the overall coverage of structures;

iii.

An increase in the density or intensity of use;

iv.

An increase in the problems of traffic circulation and public utilities;

v.

A reduction of not more than one percent in approved common open space;

vi.

A reduction in off-street parking and loading spaces;

vii.

A reduction in required pavement widths.

e.

An appeal to the City Council from a decision of the Planning Commission approving or denying a minor amendment may be taken by any person aggrieved by the filing of a notice of appeal with the Community Development Department within 15 days from the date of the Planning Commission decision.

I.

Lapse.

1.

If a plat has not been recorded on any portion of the PUD within two years after its approval by the City Council, the PUD shall expire. The property owner may request an extension of the PUD for 12 months by submitting a written explanation and demonstration that no code changes are affected by this extension. Two one-year extensions may be considered and approved by staff. If a plat has not been recorded on any portion of the PUD within four years after its initial approval (including requested extensions), it shall expire and zoning shall revert to its pre-PUD status. Once a plat is recorded on any portion of the PUD, the entire PUD is validated.

2.

Abrogation of a PUD shall require the approval of the City Council, after recommendation by the Planning Commission, of an application for amendment of the Zoning Map repealing the PUD overlay designation. Upon filing of an application for abrogation of a PUD, the Planning Commission shall forthwith advise the City Council of the application and the City Council may thereupon direct the Planning Commission to initiate an application to amend the underlying general zoning district or districts within which the PUD is located. In each instance where an application for amendment to the underlying general zoning district or districts was approved concurrently with the approval of a PUD, the City Council may direct that the applicant for abrogation forthwith file an application to amend the underlying general zoning district or districts to the district or districts existing prior to the approval of the PUD. Alternatively, upon the hearing by the City Council of an application for abrogation of a PUD, the City Council may approve the abrogation upon condition that the underlying general zoning district or districts be amended as determined by the City Council to be appropriate.

J.

Coordination with subdivision approval. Following submission of the final outline development plan, as approved, 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 within the plat and/or the deed of dedication:

1.

The location of permitted uses and the intensity of permitted uses.

2.

The designation of any private streets, the right-of-way width and improvement specifications thereof, and the entity responsible for maintenance of the private streets.

3.

Provisions for the ownership and maintenance of any common open space as will reasonably ensure its continuity and conservation. Open space may be conveyed to a property owners association or dedicated to the public, provided that a dedication to the public shall require the approval of the City Council.

4.

Covenants reasonably assuring the continued compliance with the approved outline development plan, which shall include, but without limitation, covenants pertaining to such matters as permitted uses, intensity of uses, location of uses, height of structures, setbacks, screening, access and applicable conditions of approval. In order that the public interest may be protected, the City of Broken Arrow shall be made beneficiary of the required covenants pertaining to the PUD and shall provide that the City of Broken Arrow may enforce compliance therewith and shall further provide that amendment of the covenants shall require the approval of the Planning Commission and City Council and shall be implemented by a written instrument of amendment, duly recorded and bearing the approval of the Planning Commission and City Council.

K.

Coordination with site plan approval.

1.

A detailed site plan of each area within an approved PUD proposed for construction of improvements shall be submitted to the Director for approval upon determination that the proposed improvements are in accordance with the development standards of the final outline development plan and the conditions of approval imposed. The site plan shall be submitted and processed pursuant to [Subsection] 6-3-3.4, Site Plan.

2.

As applied to the area of the PUD approved for single-family detached dwellings or duplex dwellings, the required subdivision plat shall be deemed to be the required detail site plan, provided, however, the City Council, as a condition of the approval of an outline development plan, may require that a detail site plan of any proposed gating of private streets and related entry features be submitted to the Director for review and approval.

L.

Transfer of allocated intensity. Provision for the transfer of permitted intensity (dwelling units or nonresidential floor area) as initially allocated to a development area may be included within the outline development plan and, if such provision has been approved by the City Council, the transfer of intensity shall be made in accordance with such provisions. In instances where no provision for transfer has been included within an approved outline development plan, the transfer of allocated intensity shall be made as follows:

1.

The transfer of allocated intensity shall require the written concurrence of 75 percent of the then-owners of the development area from which the allocated intensity is to be transferred and, if the transfer of allocated intensity does not increase the intensity of the development area to which the transfer is to be made by more than 15 percent, the transfer shall require the approval of the Planning Commission of a minor amendment to the PUD as set forth in [Subsection] 6-3-4.4.H.2, above.

2.

The transfer of allocated intensity shall require the written concurrence of 75 percent of the then-owners of the development area from which the allocated intensity is to be transferred and if the transfer of allocated intensity increases the intensity of the development area to which the transfer is to be made by more than 15 percent, the transfer shall require the approval of the City Council of a major amendment to the PUD as set forth in [Subsection] 6-3-4.4.H.1, above.

M.

Allocation of intensity not initially allocated. Provision for the allocation of intensity (dwelling units or nonresidential floor area) permitted by the underlying zoning of the PUD which was not initially allocated to a development area may be included within the outline development plan and if such provision has been approved by the City Council, the allocation of intensity shall be made in accordance with such provisions. In instances where no provision for allocation of intensity (not initially allocated) has been included within an approved outline development plan, the allocation of such intensity shall be made as follows:

1.

If the underlying zoning of the particular development area permits the proposed allocation of intensity within the development area and such allocation does not increase the intensity of the development area by more than 15 percent, the allocation shall require the approval of the Planning Commission as a minor amendment to the PUD as set forth in [Subsection] 6-3-4.4.H.2, above.

2.

If the underlying zoning of the particular development area permits the proposed allocation of intensity within the development area and such allocation increases the intensity of the development area by more than 15 percent, the allocation shall require the approval of the City Council as a major amendment to the PUD as set forth in [Subsection] 6-3-4.4.H.1, above.

3.

If the underlying zoning of the particular development area does not permit the proposed allocation of intensity within the development area and such allocation does not increase the intensity of the development area by more than 15 percent, the allocation shall require written concurrence of 75 percent of the then-owners of the area within the underlying zoning from which an allocation is to be made and shall require the approval of the Planning Commission of a minor amendment to the PUD as set forth in [Subsection] 6-3.4.4.H.2, above.

N.

Effect of approval. Upon approval of a PUD, no modification of use or bulk and area requirements of the applicable general use district or districts shall be effectuated by issuance of any building or zoning clearance permit until a subdivision plat incorporating the provisions and requirements of this section and Section 3-4-5, Planned Unit Development, is submitted to and approved by the Planning Commission and the City Council and duly filed of record in the office of the County Clerk of the County in which the PUD is located.

§ 6-3-4.4. Conditional use permit.

A.

Purpose. This section provides a discretionary approval process for conditional use permits, which are required for uses that have unique or widely varying operating characteristics or unusual site development features. The uses classified as specific uses tend to more intensely dominate the area in which they are located than do other permitted uses in the district. Care should be taken to integrate specific land uses with other uses in the area and to prevent adverse impacts on the community at-large. The procedure encourages public review and evaluation of a use's operating characteristics and site development features. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this ordinance.

B.

Specific decision criteria. A conditional use permit may be approved only if the City Council finds that all of the following criteria have been met:

1.

Conditions may be imposed that are more restrictive than the Zoning Ordinance, but the requirements of the Zoning Ordinance cannot be decreased;

2.

Adequate assurances of continuing maintenance have been provided;

3.

Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

4.

Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

5.

The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

6.

The proposed use is consistent with any applicable Conditional Use Permit standards set forth in Division 2-3, Use Standards;

7.

The proposed use is consistent with the purpose and intent of the zoning district in which it is located; and

8.

The proposed use is consistent with the comprehensive plan and all applicable provisions of this ordinance and applicable state and federal regulations.

C.

Specific review procedures.

1.

Public hearings and recommendation. The Planning Commission shall hold a public hearing on the proposed application and, within 30 days from the date of receipt of the complete application, recommend approval, approval with modifications and/or conditions, or denial of the application based on the applicable approval criteria below. The Commission may continue the hearing on the decision for a maximum of 60 days. The recommendation shall be referred to the City Council for final action.

2.

Final action. Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve with modifications and/or conditions, or deny the application, or request that the application be further reviewed by the Planning Commission.

a.

Conditions.

i.

Any of the conditions imposed by the permit shall be considered as conditions precedent to the granting of a building permit for the uses allowed.

ii.

Following approval, a site plan meeting the conditions specified in the conditional use permit shall be required of the applicant and shall be submitted and processed pursuant to [Subsection] 6-3-3.4, Site Plan.

3.

Indication on Zoning Map required. A zoning change is not required for a conditional use permit; however, the location of each approved conditional use permit shall be indicated on the zoning map as follows: "CP____ (the number of the request for a conditional use permit)."

D.

Amendment. No approved conditional use permit may be modified, physically expanded, hours of operation extended, or otherwise altered unless amended in accordance with the procedures applicable to initial approval of a conditional use permit as set out in this ordinance.

E.

Lapse.

1.

In the event of noncompliance by the applicant with the conditional use permit or any conditions of approval, or if the conditional use is not in operation within two years after the date of its approval, the conditional use permit shall expire. An applicant may file an application to renew the conditional use permit. Such renewal shall occur in the same manner as for original approval as provided in this section.

2.

Should the conditional use cease operation for a period longer than two years, then the permit shall be considered void and shall require a new application.

§ 6-3-4.5. Comprehensive Plan amendment.

A.

Specific review criteria. The Comprehensive Plan should be reviewed and reassessed regularly in order to evaluate its effectiveness and adequacy in guiding the growth of the City and to determine whether or not the plan continues to meet the long-term planning needs of the City. Because this review need not necessarily result in the complete revision of the plan, several levels of review are described below.

1.

Complete plan revision. The Director shall initiate a full review and complete revision of the Comprehensive Plan at least once every 15 years, preferably following the decennial census. As part of this review, the Director shall provide the Planning Commission with an overall assessment of the adequacy and effectiveness of the existing plan, including identification of new issues not adequately addressed, issues which require further study and investigation, and suggested improvements. The Planning Commission shall consider the staff assessment and shall recommend amendments or issues that the Commission feels should be pursued or investigated. Any amendments shall follow the procedures below.

2.

Targeted plan review. The Director shall initiate a targeted review of the plan at least once every five years, or at the time of an area-wide rezoning, in order to make it consistent with economic and demographic trends, recent and proposed land use decisions, and adopted studies and plans. Any amendments shall follow the procedures below.

3.

Other plan amendments. In addition to the regularly scheduled reviews described above, any review or deciding body or the director of any City department may propose a plan amendment at any time to reflect changing circumstances. Citizen proposals to change the Comprehensive Plan shall be heard in conformance with adopted plan policy. All such proposals shall be processed in accordance with the procedures below.

B.

Specific review procedures.

1.

Public hearings and recommendation.

a.

The Planning Commission shall hold a public hearing on the proposed plan amendment and shall vote to recommend that the City Council approve, approve with modifications, or deny the plan amendment. The Planning Commission shall base their recommendation on whether the amendment is necessary in order to address the following:

i.

A change in projections or assumptions from those on which the Comprehensive Plan is based;

ii.

Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;

iii.

A change in the policies, objectives, principles, or standards governing the physical development of the City; or

iv.

Identification of errors or omissions in the Comprehensive Plan.

b.

If the Planning Commission recommends that the City Council deny a Comprehensive Plan modification, that action is final unless, within 15 days of the Commission's action, the applicant files a written request with the Community Development Department for a hearing by the City Council.

2.

Final decision. After reviewing the recommendations of the Director and the Planning Commission, the City Council shall hold a public meeting within 90 days and vote to approve or deny the amendment.

3.

Referral. The City Council may also refer the application back to the Planning Commission or to a committee of the City Council for further consideration.

C.

Effect.

1.

Effective date after approval. Approval of a Comprehensive Plan amendment shall take effect upon the effective date of the ordinance or resolution approving the amendment.

2.

Records of amendments. A record of approved Comprehensive Plan amendments shall be maintained in the office of the City Clerk.

§ 6-3-4.6. Major amendment.

A.

Specific review criteria. Amendments to any permit or other form of approval that are not determined by the Director to be minor amendments under the criteria in Subsection 6-3-3.6, Administrative Adjustment, shall be deemed major amendments.

B.

Specific review procedures. Major amendments shall be reviewed and processed in the same manner as required for the original application for which amendment is sought. Any major amendments shall be recorded as amendments in accordance with the procedures established for the filing and recording of such initially approved permit or other form of approval.

§ 6-3-4.7. Text amendment.

A.

Purpose. The text of this Zoning Ordinance may warrant amendment from time to time. The purpose of these provisions is to establish the process to change the text in those instances.

B.

Applicability. In addition to the applicable required procedures in Section 6-3-2, Standard Review Procedures, any amendments to the text of this ordinance shall be processed in accordance with these provisions. A text amendment may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be for the sole purpose of curing a violation of any part of this ordinance.

C.

Specific decision criteria. In determining whether to approve, approve with modifications, or deny a text amendment, the review bodies shall consider the applicable common decision criteria in [Subsection] 6-3-2.6, Common Decision Criteria, and the following:

1.

Impact mitigation. The proposal helps to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, storm water management, and vegetation; or will be neutral with respect to these issues;

2.

Changing condition. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions that were not anticipated by the Comprehensive Plan or this Zoning Ordinance; or

3.

Strategic objectives. The proposal advances the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

D.

Procedures.

1.

Public hearings and recommendation.

a.

A public hearing shall be held by the Planning Commission. The Commission shall make a recommendation to the City Council, who shall subsequently conduct a public hearing. If desired, text amendments can be considered at a scheduled joint public hearing of the Planning Commission and the City Council. Such public notice and hearing shall be conducted in conformance with the procedures set out in [Subsection] 6-3-2.7, Public Notice and Public Meetings.

b.

If no recommendation is made within 30 days of the public hearing, then the Planning Commission may request an extension of time from the City Council. If no recommendation is made and no extension is granted, then the City Council may act on the proposed amendment without a recommendation from the Planning Commission.

2.

Final decision. After reviewing the reports and recommendations of the Director and the Planning Commission, the City Council shall vote to approve, approve with modifications, or deny the proposed text amendment. A text amendment shall be approved in the form of an ordinance.

3.

Referral. The City Council also may refer the proposed text amendment back to the Planning Commission for further consideration.

4.

Alternative review procedure. Notwithstanding the procedure set forth above, where the City Council determines by a majority vote that the public health, safety, or welfare necessitates, text amendments may be considered at any regularly scheduled meeting of the City Council. In such cases, the Council shall hold a public hearing on the proposed text amendment and shall request a recommendation from the Planning Commission prior to making a decision on the amendment.

5.

Protests. Any owner of property affected by a proposed amendment may protest the amendment pursuant to the statutory requirements of [11] O.S. § 43-105.

E.

Effect of decision.

1.

Effective date after approval. Approval of a text amendment shall take effect upon the effective date of the ordinance or resolution approving the amendment.

2.

Record. A record of approved text amendments in a form convenient for the use of the public shall be maintained in the office of the City Clerk.

3.

Subsequent applications after denial. Following denial of a text amendment application, the City Council shall not decide on applications for the same or substantially the same amendment within one year of the date of denial. The waiting period required by this section may be waived in an individual case, for good cause shown, by the affirmative vote of three-fourths of the members of the City Council.

§ 6-3-5.1. Generally. The subsections contained in this section outline specific review criteria, procedures, and/or the effect of approval for every permit and procedure for appeals, interpretations, and variances. These are in addition to the common review procedures detailed in Section 6-3-2, Standard Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 6-3-1.3-1, Development Review Summary Table.

§ 6-3-5.2. Zoning interpretation.

A.

Specific decision criteria. The applicable development review body as denoted in Table 6-3-1.3-1, Development Review Summary Table, may base the interpretation on:

1.

Materials or scenario. The materials or scenario posed by the applicant;

2.

Purpose statements. The purpose statement for the ordinance section that is subject to interpretation;

3.

Word meanings. The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage;

4.

Word usage. The provisions of Chapter 9, Rules of Construction and Definitions;

5.

Technical meaning. Any technical meanings of words used in the provision subject to interpretation;

6.

Other interpretations. Other interpretations rendered by the Administrator associated with the same or related provisions of this ordinance;

7.

Legislative history. The legislative history of the provision subject to interpretation;

8.

Sources outside the ordinance. Sources outside of the ordinance that provide additional information on the provision in question, such as technical or professional literature; or

9.

Other related provisions. Any provision of this ordinance, the Comprehensive Plan, Oklahoma state law, or federal law that are related to the same subject matter.

B.

Specific review procedures. The Director may also prepare a zoning interpretation and render an opinion without a request from an applicant based on knowledge of recurring issues and ambiguities.

C.

Effects of decision.

1.

Not legal advice. No zoning interpretation shall be construed as legal advice.

2.

Final decision. For purposes of appeal, a written interpretation is deemed an administrative final decision. An appeal of a zoning interpretation shall take place in accordance with Subsection 6-3-5.3, Appeal.

3.

Recordkeeping. The Director shall keep records of interpretations made pursuant to these provisions, which may be periodically presented to the Planning Commission in accordance with [Subsection] 6-3-4.7, Text Amendment.

§ 6-3-5.3. Appeals.

A.

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

1.

Record and evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and

2.

Ordinance requirements. The decision reflects the requirements contained in this ordinance.

B.

Specific review procedures.

1.

Routes of appeals.

a.

Administrative decisions. All administrative final decisions or any order, requirement, permit, decision, determination, refusal, or interpretation made by the Director in interpreting and/or enforcing the provisions of this ordinance may be appealed to the Board of Adjustment.

b.

Planning Commission decisions. Final decisions made by the Planning Commission based upon this ordinance may be appealed to the City Council.

c.

Board of Adjustment or City Council decisions. Final decisions made by the Board of Adjustment or the City Council based upon this ordinance may be appealed to a court of competent jurisdiction.

2.

Transmission of records. The Director shall transmit all of the documents constituting the record of the appealed action to the entity to which the decision is being appealed.

3.

Burden of proof in appeals. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed. For administrative decisions, the Board of Adjustment shall presume the final decision being appealed to be valid.

C.

Effect.

1.

Stay of proceedings. An appeal of any order, requirement, decision, or determination shall stay all proceedings unless the Administrator certifies that a stay would cause imminent peril to life or property.

2.

No variance. A decision on an appeal decision cannot grant or issue a variance.

§ 6-3-5.4. Variance.

A.

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

1.

Unnecessary hardship. The application of the ordinance to the particular piece of property would create an unnecessary hardship;

2.

Unusual conditions. Such conditions are peculiar to the particular piece of property involved;

3.

Public good. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Plan; and

4.

Minimum variance. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

B.

Specific review procedures. In granting any variance, the Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this ordinance.

C.

Effect.

1.

Particular variation. Issuance of a variance shall authorize only the particular variation that is approved in the variance request.

2.

Property ownership. A variance shall run with the land and not be affected by a change in ownership.

3.

Other approvals. Approval of a variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this ordinance or any other applicable provisions are met.