A.

This Chapter 6 describes the procedures for review and approval of all applications for development activity in the City of Broken Arrow. Common procedures, which are applicable to all or most types of development applications, are in Section 6.2. Subsequent sections set forth additional provisions that are unique to each type of application, including staff and review board assignments and approval criteria.

B.

Table 6.1-1 summarizes the review and decision-making responsibilities for the procedures described in this chapter. 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 Chapter 7, review and decision-making entities.

C.

In addition to the reviews summarized in Table 6.1-1, the director may also refer applications to other boards, commissions, government agencies, and nongovernmental agencies not referenced in this chapter.

TABLE 6.1-1
REVIEW AND DECISION-MAKING BODIES

R = Review (Responsible for Review and/or Recommendation)
H = Hearing (Public Hearing Required)
D = Decision (Responsible for Final Decision)
A = Appeal (Authority to Hear/Decide Appeals

The common development review procedures in this Section 6.2 shall apply to all types of development applications under this chapter, unless an exception to the common procedures is expressly noted in subsequent sections of this chapter.

A.

Step 1: Pre-application conference.

1.

Purpose. The purpose of a pre-application conference 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.

2.

Applicability.

a.

Required for new applications. A pre-application conference is required prior to the following types of applications:

i.

Plan amendments;

ii.

Amendments to the zoning map (rezonings) that are inconsistent with the comprehensive plan;

iii.

Planned unit developments;

iv.

Specific use permits;

v.

Site plans;

vi.

Variances; and

vii.

Annexations.

Applications for these types of approvals shall not be accepted until after the pre-application conference is completed. 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.

b.

Optional for all other applications. A pre-application conference is optional prior to submission of any other application under this Ordinance not listed above.

3.

Initiation of pre-application conference. The potential applicant shall request a pre-application conference with the director. With the request for a pre-application conference, 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.

4.

Pre-application conference content. The director shall schedule a pre-application conference after receipt of a proper request. At the conference, the applicant, the director or designee, and any other persons the director deems appropriate to attend shall discuss the proposed development. Based upon the information provided by the applicant and the provisions of this Ordinance, the parties should discuss in general the proposed development and the applicable requirements and standards of this Ordinance.

5.

Record of pre-application conference. The applicant shall be responsible for recording a summary of topics discussed at the pre-application conference. The record shall be submitted as part of the formal application.

6.

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 decision-making body.

7.

Waiver. The director may waive the pre-application conference 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.

8.

Application required within six months. After a pre-application conference 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-application conference shall be required prior to filing an application.

B.

Step 2: Development application submittal.

1.

Form of application. Applications required under this chapter shall be submitted in a form and in such number as required by the director.

2.

Consolidated development applications and review. Multiple development applications for the same development proposal may be consolidated for submittal and review, if authorized by the director.

3.

Authority to file applications.

a.

Unless otherwise specified in this Ordinance, applications for review and approval may be initiated by:

i.

The owner of the property that is the subject of the application;

ii.

Any person authorized by the owner; or

iii.

The planning commission or the city council.

b.

When an authorized person files an application under this Ordinance, written documentation of the authority shall be submitted with the application.

4.

Development review fees.

a.

Recovery of costs. Development review fees are established 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.

b.

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.

5.

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. The director may waive such requirements 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.

6.

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 Ordinance.

7.

Inactive files. If an applicant fails to submit required information or request a hearing date for a period of more than six months, his or her file shall become void and the resubmittal of a new application and fees shall be required. The director may grant no more than two extensions of time to this provision, of no more than six months each, upon a written request by the applicant.

C.

Step 3: Determination of application completeness. After receipt of the development application, the director shall determine whether the application is complete and ready for review.

1.

If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Ordinance. An application will be considered complete if it is submitted in the required form, includes all mandatory information and supporting materials specified in the User's Guide, and is accompanied by the applicable fee. A pre-application conference shall have been held, if required by this Ordinance. The determination of completeness shall not be based upon the perceived merits of the application.

2.

If an application is determined to be incomplete, the director shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future resubmittal.

3.

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

D.

Step 4: Notice.

1.

Content of notices. Notice of all public hearings required under this chapter shall, unless otherwise specified in this Ordinance:

a.

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

b.

If applicable, describe the property involved in the application by street address and/or by legal description and nearest cross street;

c.

Describe the nature, scope, and purpose of the proposed action;

d.

Indicate that interested parties may appear at the hearing and speak on the matter; and

e.

Indicate where additional information on the matter may be obtained.

2.

Summary of notice requirements. The following Table 6.2-1 summarizes the notice requirements of the procedures in this chapter.

TABLE 6.2-1
NOTICE REQUIREMENTS

3.

Mailed notice. When Table 6.2-1 requires that mailed notice be provided, the applicant shall provide the director with a current list of applicable property owners and organizations as listed below, prepared and certified by a title insurance company or abstract company licensed by the State of Oklahoma, along with addressed adhesive envelope labels for each owner. 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. Written notice shall be provided to the following persons or groups:

a.

Property owners. All persons listed on the records of the county assessor as owners of land subject to the application or as owners of the parcels within 300 feet of the outer boundary of the land subject to the application.

b.

Notice to property owners for the following land uses: Within rezoning categories R-A, RM, including planned unit developments and specific user permits for such uses. All persons or corporations listed on the records of the county assessor as owners of land subject to the application or as owners of parcels within one-quarter mile, or 1,320 feet, of the outer boundary of the land subject to the application.

4.

Published notice. If a published notice is required by Table 6.2-1, the director shall publish notice in a newspaper of general circulation in the area. The notice shall be published at least 20 days before and within 30 days of 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.

5.

Posted notice. Posted notice, if required by Table 6.2-1 above, shall be provided in the following manner: There shall be posting of at least one sign on the lot, parcel, or tract of land, and such sign shall remain on the property for a period of at least ten days prior to the public hearing. The sign shall be posted in a prominent place, clearly visible from a major artery if the property abuts such an artery, or clearly visible from a collector street if the property abuts a collector street or clearly visible to the most heavily traveled street or public way if the property does not abut an arterial or collector street. 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 tract being rezoned, shall post at least one (1) additional sign clearly visible from at least one (1) street in the residential subdivision which is stubbed to the tract for which the rezoning is being requested.

6.

Constructive notice.

a.

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. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Ordinance. Failure of a party to receive written notice wherein delivery was attempted shall not invalidate subsequent action.

b.

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.

E.

Step 5: Staff report. Within a reasonable time after determining that a development application is complete, the director shall refer the development application to the appropriate review agencies, review the development application, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing for the development application. The staff report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this Ordinance. Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal.

F.

Step 6: Public hearing. A public hearing, if required under this Ordinance, shall be conducted in accordance with the rules adopted by the City of Broken Arrow.

G.

Step 7: Decision and findings.

1.

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 decision-maker shall approve, approve with conditions, or deny the application based on its compliance with the applicable approval criteria, as described in Step 9 of the common development review procedures. Written notification of the decision shall be provided by the director to the applicant within ten days after the decision.

2.

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

a.

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

b.

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.

3.

Effect of inaction on applications. When a review or decision-making body 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 decision-making body agrees to an extension of the time frame in writing.

4.

Record of proceedings.

a.

Recording of public hearing. The decision-maker conducting the public hearing shall record the public hearing by any appropriate means. A copy of the public hearing record may be acquired by any person upon application to the director, and payment of a fee to cover the cost of duplication of the record.

b.

The record. The record shall consist of the following:

i.

All exhibits including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the decision maker at the proceedings.

ii.

All minutes of the proceedings.

iii.

If appealed, a verbatim transcript of the proceedings before the decision maker. The cost of the transcript shall be borne by the applicant.

iv.

If available, a videotape recording of the proceedings before the decision maker.

5.

Recording of decisions. Once approved, and after the appeal period has expired, the decision of the decision maker shall be filed with the city clerk.

H.

Step 8: Approval criteria. To approve a development application, the decision-maker shall find that the development application has satisfied and followed the applicable requirements of this chapter and meets all of the approval criteria required for the applicable development application, which are set forth in subsequent sections of this chapter under Step 9.

I.

Step 9: Conditions of approval. The decision-maker 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 variance or minor modification approvals, shall be less restrictive than the requirements of this Ordinance.

J.

Step 10: Amendments to permits or other forms of approval.

1.

Minor amendments. Unless otherwise specified in this chapter, minor amendments to any permit or other form of approval issued by the director or the planning commission under this chapter may be approved, approved with conditions, or denied administratively by the director and may be authorized without additional public hearings. Such minor amendments may be authorized by the director as long as the development approval, as so amended, continues to comply with the standards of this Ordinance, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Ordinance by reason of such amendments). Minor amendments shall only consist of any or all of the following:

a.

Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the director, provided such change would not have disqualified the original application from administrative review had it been requested at that time; and provided that the minor amendment does not result in an increase of more than ten per cent in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project.

b.

Any change to any permit or other form of approval that was originally subject to final review by the planning commission and was approved by the planning commission, provided that:

i.

The minor amendment does not result in an increase in the approved number of dwelling units;

ii.

The minor amendment does not result in an increase in the amount of square footage of a nonresidential land use or structure;

iii.

The minor amendment does not result in a change in the housing mix or use mix ratio; and

iv.

The minor amendment does not result in a change in the character of the development.

c.

In either a. or b. above, the director may refer the amendment to the planning commission and, if so referred, the decision of the planning commission shall constitute a final decision, subject only to appeal as provided for in Section 6.10.

2.

Major amendments. 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 1. above shall be deemed major amendments. 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.

K.

Step 11: Lapse. If applicable, the lapse of approval time frames established by the procedures of this Ordinance may be extended only when all of the following conditions exist:

1.

The provisions of this Ordinance must expressly allow the extension;

2.

An extension request must be filed prior to the applicable lapse-of-approval deadline;

3.

The extension request must be in writing and include justification; and

4.

Unless otherwise noted, authority to grant extensions of time shall rest with the decision-making body that granted the original approval (the one being extended).

(Ord. No. 3068, §§ I, II, 12-1-2009)

A.

Applicability. This section covers applications to amend the comprehensive plan, the text of this Ordinance, and the zoning map.

B.

Amendments to the comprehensive plan.

1.

Levels of plan review. 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 contemplated in this section.

a.

Complete plan revision (15-year intervals). 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 of subsection 2. below.

b.

Targeted plan review (five-year intervals). 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 of subsection 2. below.

c.

Other plan amendments. In addition to the regularly scheduled reviews described above, any review or decision-making 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 in subsection 2. below.

2.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.1.)

a.

Step 1: Pre-application conference. Applicable.

b.

Step 2: Development application submittal. Applicable.

c.

Step 3: Determination of application completeness. Applicable.

d.

Step 4: Notice. Applicable. Published notice required.

e.

Step 5: Staff report. Applicable.

f.

Step 6: Public hearings. Applicable. The first hearing shall be held by the planning commission, and the second hearing shall be held by the city council.

g.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

i.

Review and recommendation by planning commission. The planning commission shall hold a public hearing on the proposed plan amendment and, based on the approval criteria in Step 8 below, vote to recommend that the city council approve, approve with modifications, or deny the plan amendment. The director shall forward the commission's recommendation to the city council.

ii.

Action by city council. The city council shall hold a public hearing on the proposed plan amendment and within 90 days of the conclusion of the hearing, based upon the recommendations of the director and planning commission, approve or deny the amendment, or refer the application back to the planning commission or to a committee of the city council for further consideration.

h.

Step 8: Approval criteria. There are no approval criteria. Instead, proposals for amendments to the comprehensive plan shall be evaluated based upon 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.

i.

Step 9: Conditions of approval. Applicable.

j.

Step 10: Amendments. Not applicable.

k.

Step 11: Lapse. Not applicable.

C.

Applications to amend the text of this Ordinance.

1.

Purpose. The purpose of text amendments is not to relieve particular hardships, nor to confer special privileges or rights on any person, but rather to make adjustments to the text of this Ordinance that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city.

2.

Applicability. Any amendments to the text of this Ordinance shall be processed in accordance with this section. Only the city council may, after recommendation of the planning commission, adopt an ordinance amending the text of this Ordinance in accordance with the requirements of this section.

3.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.2.)

a.

Step 1: Pre-application conference. Not applicable.

b.

Step 2: Development application submittal. Applicable.

c.

Step 3: Determination of application completeness. Applicable.

d.

Step 4: Notice. Applicable. Published notice required.

e.

Step 5: Staff report. Applicable.

f.

Step 6: Public hearing. Applicable. If desired, text amendments can be considered at a scheduled joint public hearing of the planning commission and the city council.

g.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

i.

Planning commission review and recommendation.

(A)

After the conducting the public hearing, the planning commission shall make a recommendation to the city council to approve or deny the text amendment based on the applicable standards of this Section.

(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.

ii.

City council action. After reviewing the reports and recommendations of the director and the planning commission, the city council shall vote to approve, approve with amendments, or deny the proposed amendment, based on the applicable standards of this Section. The city council also may refer the proposed amendment back to the planning commission for further consideration. Amendments to the text of this Ordinance shall be approved in the form of ordinances.

iii.

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 amendment, and shall request a recommendation from the planning commission prior to making a decision on the amendment.

iv.

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

v.

Records of amendments. A record of amendments to the text of this Ordinance in a form convenient for the use of the public shall be maintained in the office of the city clerk.

vi.

Subsequent applications. Following denial of a text amendment request, the city council shall not decide on applications for the same or substantially the same amendment within one (1) 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.

h.

Step 8: Approval criteria. Applicable, as follows: Recommendations and decisions on text amendments may be approved if the city council finds that all of the following approval criteria have been met:

i.

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

ii.

The proposed amendment is consistent with the comprehensive plan and the stated purposes of this Ordinance; and

iii.

The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.

i.

Step 9: Conditions of approval. Not applicable.

j.

Step 10: Amendments. Not applicable.

k.

Step 11: Lapse. Not applicable.

D.

Applications to amend the zoning map (rezonings).

1.

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 the city council, the zoning map will be updated to reflect the approval.

2.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.3.)

a.

Step 1: Pre-application conference. Pre-application conferences are required for applications that are inconsistent with the comprehensive plan, and recommended for other rezoning applications. The applicant may determine consistency with the comprehensive plan by contacting the planning staff.

b.

Step 2: Development application submittal. Applicable. The planning commission or the city council also may initiate a rezoning. However, the city council may not initiate a rezoning without first allowing study and hearing by the planning commission.

c.

Step 3: Determination of application completeness. Applicable.

d.

Step 4: Notice. Published, written, and posted notice required.

e.

Step 5: Staff report. Applicable.

f.

Step 6: Public hearings. Applicable. The first hearing shall be held by the planning commission, and the second hearing shall be held by the city council.

g.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

i.

Review and recommendation by planning commission.

(A)

The planning commission shall hold a public hearing on the proposed rezoning and, based on the approval criteria in Step 9 below, 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 department of community development for a hearing by the city council.

ii.

Action by city council. 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 or deny the rezoning, or refer the application back to the planning commission or to a committee of the city council for further consideration.

iii.

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.

iv.

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:

(A)

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

(B)

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

v.

Successive 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.

vi.

Platting requirements.

(A)

All land that has been rezoned shall be platted in accordance with the requirements of the Broken Arrow Subdivision Ordinance in order to provide for the proper arrangement of streets, assure the adequacy of open space for traffic, provide for utilities, and allow access of emergency vehicles. No map amendment for a zoning change, nor the ordinance proclaiming this change, may be approved by the city council until the property has been platted in accordance with the subdivision ordinance. However, the city council may waive the platting requirement in those instances in which nothing would be accomplished through enforcement of the platting requirement, such as in those instances in which the land is included within the existing plat of record that adequately provides for the necessary public features, or where these public features have been previously provided by other instruments.

(B)

A building permit shall not be granted upon any land that has been rezoned, but which land has not been platted following the rezoning in accordance with the subdivision ordinance. However, the city manager may authorize the issuance of a building permit in those instances in which the public meets have already been met, such as lands that have been previously platted in a manner adequate in providing the necessary public features.

h.

Step 8: Approval criteria. Applicable, as follows: The city council may approve rezonings, and the planning commission may recommend approval, if the rezoning meets all of the following criteria:

i.

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

ii.

The rezoning is consistent with the comprehensive plan and the purposes of this Ordinance;

iii.

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

iv.

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

v.

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

i.

Step 9: Conditions of approval. Applicable.

j.

Step 10: Amendments. Not applicable.

k.

Step 11: Lapse. Not applicable.

(Ord. No. 3154, § I, 4-5-2011; Ord. No. 3575, § I, 6-3-2019)

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 (1) 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, infra structure 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.

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.

The planned development ordinances or parts of ordinances 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.

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 subsection 4.1.E. 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.

D.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.4.)

1.

Step 1: Pre-application conference. During the required pre-application meeting with department of 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.

Step 2: Development application submittal. Applicable as follows: 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.

3.

Step 3: Determination of application completeness. Applicable.

4.

Step 4: Notice. Applicable. Written, published, and posted notice required.

5.

Step 5: Staff report. Applicable.

6.

Step 6: Public hearings. Applicable, as follows: Two public hearings are required. The first hearing shall be held by the planning commission, and the second hearing shall be held by the city council.

7.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

a.

Review and recommendation by planning commission.

i.

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.

ii.

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 department of community development for a hearing by the city council.

b.

Action by city council. 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.

c.

Submission of final outline development plan as approved. For the purposes of achieving a reasonably accessible and accurate record of each approved PUD, a final outline development plan, as approved by the city council, shall be filed as follows:

i.

Within ten days after planning commission recommendation of approval of a proposed PUD, the applicant shall file with the department of community development five paper copies and one (1) 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.

ii.

Within ten days after city council approval of a proposed PUD, the applicant shall submit to the department of community development five paper copies and one (1) 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.

iii.

Within ten days after city council approval of a proposed PUD and receipt from the applicant of five copies 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 department of community development hall date and endorse five copies as the approved final outline development plan and shall provide an endorsed copy to the applicant.

iv.

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.

v.

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.

8.

Step 8: Criteria for approval. Applicable, as follows: 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:

a.

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: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments.

b.

The PUD is consistent with the land use intensity classification system of the comprehensive plan and the purposes of this Ordinance; and

c.

The PUD is consistent with the PUD standards in subsection 4.1.E.

9.

Step 9: Conditions of approval. The following shall be standard conditions of the approval of a PUD:

a.

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.

b.

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.

c.

A PUD shall be platted or replatted in accordance with the requirements of subsection 6.4.E. below, coordination with subdivision approval.

d.

A detailed site plan shall be submitted for proposed buildings and improvements within the PUD in accordance with the requirements of subsection 6.4.F. below, coordination with site plan approval.

e.

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:

i.

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.

ii.

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.

10.

Step 10: Amendments. Applicable as follows:

a.

Major amendments. 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.

b.

Minor amendments.

i.

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.

ii.

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.

iii.

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.

iv.

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

(A)

A change in the use or character of the development;

(B)

An increase by more than one (1) per cent in the overall coverage of structures;

(C)

An increase in the density or intensity of use;

(D)

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

(E)

A reduction of not more than one (1) per cent in approved common open space;

(F)

A reduction in off-street parking and loading spaces;

(G)

A reduction in required pavement widths.

v.

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 department of community development within 15 days from the date of the planning commission decision.

11.

Step 11: Lapse. Applicable, as follows:

a.

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, 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.

b.

Abandonment 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 abandonment 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 abandonment 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 abandonment of a PUD, the city council may approve the abandonment upon condition that the underlying general zoning district or districts be amended as determined by the city council to be appropriate.

E.

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 insure 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.

F.

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 Section 6.6.

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.

G.

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 within Step 10 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 within Step 10 above.

H.

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 within Step 10 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 within Step 10 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 within Step 10 above.

(Ord. No. 3067, § I, 12-1-2009; Ord. No. 3107, § I, 4-20-2010; Ord. No. 3575, § II, 6-3-2019)

A.

Purpose. This section provides a discretionary approval process for specific 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.

Relationship to site plan requirements. A conceptual site plan shall be submitted with specific use permit application. The formal site plan that is submitted later shall be in substantial compliance with the conceptual site plan approved by the city council.

C.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.5.)

1.

Step 1: Preapplication conference. Applicable.

2.

Step 2: Development application submittal. Applicable.

3.

Step 3: Determination of application completeness. Applicable.

4.

Step 4: Notice. Published, written and posted notice applicable.

5.

Step 5: Staff Report. Applicable.

6.

Step 6: Public hearing. Applicable.

7.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

a.

Planning commission's review 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.

b.

City council review and 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.

c.

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

8.

Step 8: Approval criteria. Applicable, as follows: A specific use permit may be approved only if the city council finds that all of the following criteria have been met:

a.

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

b.

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

c.

The proposed use is consistent with any applicable specific use permit standards set forth in Section 3.2, specific use permit standards;

d.

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);

e.

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

f.

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;

g.

Adequate assurances of continuing maintenance have been provided; and

9.

Step 9: Conditions of approval. Applicable, with the following additions:

a.

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

b.

Following approval, a site plan meeting the conditions specified in the specific use permit shall be required of the applicant and shall be submitted and processed pursuant to Section 6.6.

10.

Step 10: Amendments. Applicable, with the following addition: No approved specific 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 specific use permit as set out in this Ordinance.

11.

Step 11: Lapse. Applicable, as follows:

a.

In the event of noncompliance by the applicant with the specific use permit or any conditions of approval, or if the specific use is not in operation within one (1) year after the date of its approval, the specific use permit shall expire. An applicant may file an application to renew the specific use permit. Such renewal shall occur in the same manner as for original approval as provided in this section.

b.

Should the specific use cease operation for a period longer than one (1) year, then the permit shall be considered void and shall require a new application.

A.

Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of this Ordinance and to encourage quality development reflective of the goals, policies, and objectives of the comprehensive plan. Prior to for any building being constructed in a RM, NM, CM, DM, DF, ON, CN, CG, CH, IL, or IH district, a site plan shall be submitted that shows a unified and organized arrangement of the building and/or buildings, off-street parking, points of ingress and egress, internal traffic circulation, property lines, building setback distances, freestanding signs, service facilities, utility locations, light poles, solid waste collection facilities, screening fences, curb lines, neighboring curb cuts, and utility poles (if any). The plan must contain information showing compliance with requirements of this section and all other applicable city codes and ordinances.

B.

Procedure for site plan review. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.6.)

1.

Step 1: Pre-application conference. Applicable.

2.

Step 2: Development application submittal. Applicable.

3.

Step 3: Determination of application completeness. Applicable.

4.

Step 4: Notice. Not applicable.

5.

Step 5: Staff report. Not applicable.

6.

Step 6: Public hearings. Not applicable.

7.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

a.

Action by director. The director shall review each site plan application and distribute the application to other reviewers. Based on the results of those reviews, the director shall take final action on the application and approve, approve with conditions, deny or defer decision on the application based on the applicable approval criteria below. The director's review and decision, including referral to other agencies and bodies, shall be completed within 30 days of receipt of a complete application.

b.

Referral to planning commission. The director may refer any application to the planning commission that in the director's discretion presents issues that require planning commission attention.

c.

Appeals to the planning commission. Appeals of decisions made by the director under this section shall be made to the planning commission upon written request to the department of community development within ten days subsequent to the decision of the director.

d.

Appeal to the board of adjustment. Appeals of decisions made by the planning commission under this section shall be made to the board of adjustment.

8.

Step 8: Approval criteria. Applicable, as follows: A site plan may be approved upon a finding that the application meets all of the following criteria:

a.

The site plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

b.

The site plan complies with all applicable development and design standards set forth in this Ordinance, including but not limited to the provisions in chapter 2, zoning districts, chapter 3, use regulations, chapter 4, dimensional standards, and chapter 5, development standards.

9.

Step 9: Conditions of approval. Applicable.

10.

Step 10: Amendments. Applicable, with the following modification: The following amendments are offered as examples of amendments to approved site plans that the director may reasonably determine to be "minor":

a.

Changes in street alignment if such changes further the intent of the plan and this Ordinance.

b.

Changes in building envelope, setback, and similar provisions of ten per cent or less.

c.

Changes in landscaping, sign placement, lighting fixtures, etc. to further the intent of the plan and this Ordinance.

11.

Step 11: Lapse. Applicable, as follows:

a.

The site plan shall be effective for a period of three years from the date of approval, unless stated otherwise in such approval. Building permits shall not be issued based on site plans that have an approval date more than three years old. For multiphased plans, building permits shall not be issued based on an approval date more than three years from the date of Phase I approval.

b.

The director may grant a one-time extension, of not more than six months, upon a written request by the applicant, prior to the expiration of the site plan. Failure by the applicant to request a time extension prior to the expiration of the plan shall render the unbuilt portion of the plan null and void. The submittal of a revised site plan and fees shall be required to obtain a building permit for further site improvements.

(Ord. No. 3575, § III, 6-3-2019)

A.

Applicability. No use that is classified as a temporary use in the zoning district in which it is to be located shall be placed or established on the property without first receiving a temporary use permit, unless exempted from the permit requirements by subsection 3.4.C.

B.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.7.)

1.

Step 1: Pre-application conference. Not applicable.

2.

Step 2: Development application submittal. Applicable, with the following modification:

a.

Filing deadline. All applications for temporary use permits shall be filed at least four weeks prior to the date the temporary use will commence, or at least six weeks prior to the date the temporary use will commence if public safety support is requested from the city. The director may waive this filing deadline requirement in an individual case, for good cause shown.

3.

Step 3: Determination of application completeness. Applicable.

4.

Step 4: Notice. Not applicable.

5.

Step 5: Staff report. Applicable.

6.

Step 6: Public hearings. Not applicable.

7.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

a.

Action by director. The director shall review each application and distribute the application to other reviewers. Based on the results of those reviews, the director shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria below.

b.

Duration of permit. A temporary use permit shall be valid only for the time period stated on the permit, unless otherwise authorized in this Ordinance.

8.

Step 8: Approval criteria. Applicable, as follows: The director shall issue a temporary use permit only upon finding that the proposed temporary use satisfies the requirements set forth in Section 3.4., temporary uses and structures.

9.

Step 9: Conditions of approval. Applicable.

10.

Step 10: Amendments. Applicable.

11.

Step 11: Lapse. Applicable, as follows: The temporary use permit shall lapse and be null and void upon expiration of the time limit specified in the permit.

A.

Purpose and scope. The variance process is intended to provide limited relief from the requirements of this Ordinance in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variances be granted to (1) allow a use in a zone district where it is not permitted by this Ordinance; or (2) merely remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide limited relief where the requirements of this Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or federal laws or requirements may not be varied by the city.

B.

Procedure. The common development review procedures of Section 6.2 shall apply, with modifications as noted below. (See Illustration 6.8.)

1.

Step 1: Pre-application conference. Applicable.

2.

Step 2: Development application submittal. Applicable. An applicant may file a variance application with the director.

3.

Step 3: Determination of application completeness. Applicable, with the following modification: A request for variance may be initiated only by the property owner or his authorized representative. The application must state with particularity the relief sought and must specify the facts or circumstances that are alleged to show that the application meets the approval criteria of Step 8 below.

4.

Step 4: Notice. Applicable. Written and posted notice required.

5.

Step 5: Staff report. Applicable.

6.

Step 6: Public hearing. Applicable. One (1) public hearing is required before the board of adjustment.

7.

Step 7: Decision and findings. Applicable. The following additional procedures shall apply:

a.

Action by the board of adjustment.

i.

Upon receiving the application materials from the director, the board of adjustment shall hold a public hearing on the proposed variance.

ii.

In considering the application, the board of adjustment shall review the application materials, the applicable approval criteria below, and all testimony and evidence received at the public hearing.

iii.

After conducting the public hearing, the board of adjustment may: deny the application; continue the hearing on the application; or grant the requested variance. Any approval or denial of the request shall be by resolution, accompanied by written findings of fact that the variance meets or does not meet each of the criteria set forth in below, stating the reasons for such findings. A concurring vote of at least three members of the board shall be required to grant a variance.

iv.

In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this Ordinance.

8.

Step 8: Approval criteria. Applicable, as follows:

a.

The board of adjustment may approve a variance only if it finds that all of the criteria below have been met:

i.

There are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;

ii.

The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;

iii.

Such physical circumstances or conditions were not created by the applicant;

iv.

Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Ordinance;

v.

The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; and

vi.

The variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of this Ordinance that are in question.

b.

No variance shall be granted that violates the intent of this Ordinance or its amendments.

c.

No variance shall be granted from any written conditions attached by another decision-making body to the approval of a specific use permit or subdivision plat or site plan.

d.

No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

e.

No variance may authorize a use other than those permitted in the district for which the variance is sought; also, an application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which zoning request for any parcel of property or portion thereof has not been finally acted upon by both the planning commission and by the city council.

9.

Step 9: Conditions of approval. Applicable.

10.

Step 10: Amendments. Not applicable.

11.

Step 11: Lapse. Applicable, as follows: A variance that has not been utilized within two years from the date of the order granting the variance shall thereafter be void. No time extensions of an approval can be granted. However, if a lesser time limit than two years has been placed on the variance, then the lesser time limit shall apply. For the purposes of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

Editor's note— Section I of Ord. No. 3057, adopted Oct. 6, 2009, deleted and reserved § 6.9, which pertained to minor modifications and derived from Ord. No. 2931, adopted Jan. 7, 2008.

A.

Appeals of administrative decisions.

1.

Purpose and scope. The board of adjustment is empowered by this Ordinance and Oklahoma law to hear appeals of administrative decisions made in the interpretation and enforcement of this Ordinance. It is intended that all questions arising in connection with the interpretation and enforcement of this Ordinance shall be presented first to the director or any agency acting in administrative capacity; and presented to the board of adjustment on appeal from that administrative decision. It is further intended that the duties of the city council in connection with this Ordinance shall not include the hearing or passing upon such appeals.

2.

Decisions that may be appealed. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by the director or any agency acting in an administrative capacity in interpreting and/or enforcing the provisions of this Ordinance may be appealed to the board of adjustment, unless otherwise provided in this Ordinance.

3.

Filing of appeal; effect of filing.

a.

An appeal to the board of adjustment may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal, or by the director on behalf of the city.

b.

An application for an appeal shall be filed with the director. Once the application is complete, the director shall schedule the appeal for consideration at a public hearing before the board of adjustment. The director shall transmit to the board of adjustment all applications and other records pertaining to such appeal. The application shall be filed no later than 30 days after the date of the contested action.

c.

The filing of an appeal shall stay all proceedings in furtherance of the contested action, unless the director certifies to the board of adjustment that, in his or her opinion by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order granted by the board of adjustment or by a court of law on notice to the administrative official from whom the appeal is taken, with due cause shown.

4.

Action by the board of adjustment.

a.

Upon receiving the application materials from the director, the board of adjustment shall hold a hearing on the appeal.

b.

Either at the hearing or a subsequent meeting, the board of adjustment shall adopt a resolution reversing, affirming, or modifying the contested action. In reversing, affirming, or modifying the contested action, the board of adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

c.

The board of adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the city.

d.

The board of adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least three members.

5.

Effect of reversal or modification. In the event that the board of adjustment reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the board of adjustment.

B.

Appeals from planning commission. Appeals from decisions by the planning commission based upon this Ordinance shall be to the city council, unless otherwise provided in this Ordinance.

C.

Appeal[s] from board of adjustment or city council. Appeals from decisions made by the board of adjustment or the city council based upon this Ordinance shall be to the courts.

No building or other structure shall be erected, constructed, enlarged or altered in such manner as to prolong the life of the building, nor shall the use of any land or building or other structure be changed, without a building permit issued by the department of community development of the city of broken arrow, authorizing such construction, alteration or use changes as being in compliance with provisions of this Ordinance.

A.

An application for building permit shall be made to the department of community development of the City of Broken Arrow by the owner, or proposed occupant of the building or land to be occupied or used, and said application shall state the location and legal description of said property and set out in detail the character and nature of the use to be conducted thereon. The department of community development of the City of Broken Arrow shall grant or deny the building permit in accordance with the terms of this Ordinance.

B.

All applications for building permits shall be accompanied by a plat or drawing drawn to scale, showing the dimensions of the lot to be built upon, the size and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of city regulations.

C.

A building permit fee will be charged in accordance with the schedule set forth in the building code of the City of Broken Arrow, as adopted on the date the application is made.

D.

A building permit shall be issued only when a subdivision plat (as required by the subdivision ordinance) and a site plan, if required, have been approved. However, with the approval of the director, an applicant may submit a building permit application to the building official concurrent with the site plan application, which permit may be issued upon site plan approval by the director. Building permits shall not be issued for any development that is not in conformance with the approved site plan.

(Ord. No. 3575, § IV, 6-3-2019)

[Reserved.]