1. It shall be the duty of the City Manager or designee to enforce this title. If the City Manager or designee shall find that any of the provisions of this title are being violated, he/she shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take such action to ensure compliance with or to prevent violation of its provisions as is authorized by law.
2. All departments, officials, and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this title and shall issue no permit or license for any use, purpose, excavation, construction, structure, building, or sign in conflict with the provisions of this title.

(Ord. No. 716, 4-4-2011)

1. Permit required. It shall be unlawful for any person, firm or corporation to erect, move, add to or structurally alter any building, or to use or change the use of any building or land, or to permit the aforementioned actions, until a zoning clearance permit has been issued by the City Manager or designee.
2. Application for permit. Application for a zoning clearance permit shall be accompanied by a legal description of the lot and plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot; the location and dimensions of all easements; the location, size and height of any existing buildings or structures to be erected or altered; the existing and intended use of each building or structure and portion of the lot; the number of dwellings and buildings it is intended to accommodate, if any; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this title.
3. Permit fees. No zoning clearance permit shall be issued until a fee shall have been paid in accordance with the schedule of fees adopted by resolution of the City Council. A group zoning clearance permit may be issued covering five or more residential lots in the same subdivision upon payment of a fee in accordance with the adopted schedule of fees.
4. Issuance or denial of permit. After an application for a zoning clearance permit is filed in compliance with the provisions herein, the City Manager or designee shall issue a zoning clearance permit and copy of submitted plans, or shall notify the applicant, in writing, of his refusal to issue a permit setting forth the reasons therefor.

(Ord. No. 716, 4-4-2011)

Zoning permits, variances, or special exception uses issued on the basis of approved plans and applications authorize only the uses, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title and punishable as provided in CCC 12-3A-5.

(Ord. No. 716, 4-4-2011)

The Mayor or any member of the City Council, the Planning Commission, or the Board of Adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this title should not be a participant in that action. The possibility, not the actuality, of a conflict should govern. The individual experiencing a conflict of interest should declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual should not discuss the matter with a fellow official for the purpose of influencing a decision thereon.

(Ord. No. 716, 4-4-2011)

1. Any person, firm or corporation violating any provisions of this title or failing to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variance or special exceptions, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $500.00. Each day that a violation continues shall be deemed a separate offense.
2. Nothing herein contained shall prevent the City or its authorized officials from taking other action, authorized by law, to remedy violations.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

There is hereby established a Board of Adjustment of the City with the powers and duties hereinafter set forth. The Board of Adjustment shall consist of five members, who shall be nominated by the Mayor and confirmed by the City Council and shall serve without pay for a term of three years.

(Ord. No. 716, 4-4-2011)

1. Vacancies shall be filled for an unexpired term of any member in the manner set forth for appointments to a full term.
2. A Board member may be removed for cause by the appointing authority, after notice, written charges and public hearing.

(Ord. No. 716, 4-4-2011)

1. The Board shall organize, elect its Chair, and appoint a secretary and adopt rules necessary to the conduct of its affairs.
2. Meetings shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in his absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. All meetings, deliberations, and voting of the Board shall be open to the public.
3. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
4. In all matters, the Board shall decide within 90 days after the filing of an application for relief.
5. The quorum, notice, filing and substantive requirements of the Board shall be set forth in this article concerning the board's exercise of a particular power.

(Ord. No. 716, 4-4-2011)

The Board shall have the power to hear appeals from the determinations of the City Manager or designee in enforcing this title, to grant special exceptions, to grant variances, and to make interpretations of the zoning map and text, in accordance with the substantive and procedural standards herein set forth.

(Ord. No. 716, 4-4-2011)

The Board of Adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the City Manager or designee, or before granting any special exception, or variance, or minor variance, or exception. The Board shall set forth, in an adopted statement of policy, a list of variances and exceptions which constitute minor variances or exceptions, and such statement of policy shall be approved by the City Council

1. Ten days' notice of public hearing shall be given as follows:
   1. For special exception, variance or appeal from a determination of the City Manager or his designee:
      1. By publication in a newspaper of general circulation; and
      2. By mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property, where applicable.
   2. For minor variance or exception, by mailing written notice to all owners of abutting property of the subject property. Nothing herein shall preclude the Board of Adjustment from requiring the giving of public notice of hearings to all owners of property within a 300-foot radius of the exterior boundary of the subject property for consideration of a minor variance or exception.
2. The notice shall contain:
   1. The legal description of the property and the street address or approximate location of the property.
   2. The present zoning classification of the property and the nature of the relief sought.
   3. The date, time and place of the hearing.
3. The applicant shall furnish the names and mailing addresses of all owners of property within a 300-foot radius of the exterior boundary of the subject property or, in the case of a minor variance or exception, the owners of abutting property of the subject property. Costs of publication shall be billed to the applicant.

(Ord. No. 716, 4-4-2011)

An application for an appeal from the Building Inspector, City Manager or his designee, or any variance or special exception shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by resolution of the City Council.

(Ord. No. 716, 4-4-2011)

1. Right to appeal. An appeal to the Board of Adjustment may be filed by any person aggrieved or by any officer, department, board or bureau of the City affected, where it is alleged there is error in any order, requirement, decision or determination of the City Manager or his designee in the enforcement of this title.
2. Notice of appeal. An appeal shall be filed within ten days from the determination by filing with the City Manager or his designee and with the Board of Adjustment a notice of appeal, specifying the grounds thereof. The City Manager or his designee shall forthwith transmit to the Secretary of the Board certified copies of all the papers constituting the record of said matter together with a copy of the ruling or order from which the appeal is taken. Upon receipt of the record, the secretary shall set the matter for public hearing.
3. Hearing; Board action. The Board shall hold the public hearing. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the City Manager or his designee.
4. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the City Manager or his designee, from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board or by a court of record upon application or notice to the City Manager or his designee on due and sufficient cause shown.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

1. The Board shall interpret the text of this title or the official zoning map upon an appeal from a determination of the City Manager or his designee after compliance with the procedural standards of CCC 12-3A-7.
2. Where a question arises as to the zoning district classification of a particular use, the Board of Adjustment, upon written request of the City Manager or his designee, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and holding of public hearing.

(Ord. No. 716, 4-4-2011)

1. Grounds for variance. The Board of Adjustment, upon application, and after hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such variance from the terms of this title as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this title or the comprehensive plan, where, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of this title will result in unnecessary hardship. The Board shall not vary any jurisdictional requirement, such as notice.
2. Application for variance. A request for a variance shall be initiated by the filing of an application with the City Manager or his designee and shall be set for public hearing in accordance with the rules established by the Board. The application for a principal use variance shall include information necessary to evaluate such request as the Board of Adjustment may adopt as rules of procedure for granting principal use variances.
3. Hearing; Board action. The Board shall hold the hearing and, upon the concurring vote of three members, may grant a variance after finding:
   1. That, by reason of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure or building involved, the literal enforcement of the terms of this title would result in unnecessary hardship.
   2. That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same use district.
   3. That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this title or the comprehensive plan.
   4. That the variance, if granted, would be the minimum necessary to alleviate the necessary hardship.
      
   Provided, that the Board, in granting a variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.
4. Time limitation. A variance which has not been utilized within one year from date of the order granting the variance shall thereafter be void, provided that the Board has not extended the time for utilization. For the purpose of this subsection, the term "utilization" means actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

1. Enumeration. The Board of Adjustment, upon application and after hearing, subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:
   1. Special exception uses as designated and regulated within the zoning district's "uses permitted by special exception" section.
   2. The change of a nonconforming use as provided in CCC 12-16-3F.
   3. The restoration of a partially destroyed structure, containing a nonconforming use as provided in CCC 12-16-3G.
   4. The restoration of a partially destroyed nonconforming structure as provided in CCC 12-16-6.
   5. The modification of a screening requirement as provided in CCC 12-5-10B and CCC 12-5-12.
   6. The modification of the parking and loading requirements as provided in CCC 12-16-8C.
   7. Satellite antennas which do not meet all of the standards as set forth in CCC 12-15B.
2. Application for special exception. A request for a special exception shall be initiated by the filing of an application with the City Manager or his designee and shall be set for public hearing in accordance with the rules established by the Board.
3. Hearing; Board action. The Board of Adjustment shall hold the hearing and, upon the concurring vote of three members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, provided that the Board, in granting special exception, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.
4. Time limitation. A special exception which has not been utilized within one year from the date of the order granting same shall thereafter be void, provided that the Board has not extended the time for utilization. For the purposes of this subsection, the term "utilization" means actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Ord. No. 716, 4-4-2011)

1. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons who were entitled, pursuant to 11 O.S. § 44-108, to mailed notice of the public hearing before the Board of Adjustment, by any person whose property interests are directly affected by such action, decision, ruling, judgment or order of the Board of Adjustment, or by the governing body of the municipality to the district court in the county in which the situs of the municipality is located.
2. The appeal shall be taken by filing with the Municipal Clerk and with the Clerk of the Board of Adjustment, within the time limits which may be fixed by ordinance, a notice of appeal. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.
3. Upon filing the notice of appeal, the Board of Adjustment shall forthwith transmit to the Court Clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the Board.
4. The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
5. During the pendency of such an appeal, the effectiveness of a decision of the Board of Adjustment shall not be suspended unless a party applies to the district court for a stay pending the district court's determination of the merits of the appeal. Notice of such application shall be given by first class mail to all parties, to the district court appeal and to any applicant before the Board of Adjustment. Upon filing of an application for stay in the district court, all proceedings in furtherance of the action appealed from shall be temporarily stayed pending the outcome of a hearing regarding the stay, which shall be conducted within 30 days of application. The court shall determine whether to impose a stay by considering the following factors:
   1. The likelihood of success on the merits by the party seeking to impose the stay;
   2. Irreparable harm to the property interests of the party seeking to impose the stay if the stay is not imposed;
   3. Relative effect on the other interested parties; and
   4. Public policy concerns arising out of the imposition of the stay.
   If the court determines to impose a stay, the court shall require a bond or other security and such other terms as it deems proper to secure the rights of the parties and compensate for costs of delay. A bond or other security shall be posted within ten business days of the court's determination, provided that a municipal governing body shall not be required to post a bond. Subject to 12 O.S. § 990.3A, a stay pursuant to this subsection shall automatically dissolve after a judgment, decree or final order resolving the merits of the appeal is filed with the Court Clerk. Notwithstanding any provision of law to the contrary, stays in appeals from the Board of Adjustment to the district court shall be obtained only as set forth in this section.
6. The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the Board of Adjustment unless it shall appear to the district court that the Board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions. A party may obtain a stay of the enforcement of the district court's judgment, decree or final order as provided by 12 O.S. § 990.4.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

The petitioner or developer shall submit to the Community Development Department or its designated authority a site plan for any building to be constructed in the CN, CG, CH, IL, IH, RD or RM-1 District showing a unified and organized arrangement of the building and/or buildings, off-street parking, points of egress or ingress, internal traffic circulation, advertising signs, service facilities, utility locations, curb lines, neighboring curb cuts, and utility poles, if any, which are feasible with the property on which the building or buildings are proposed and which planned development shall minimize any adverse effect of the development on the property surrounding the development. The plan must contain information showing compliance with requirements of this article and all other applicable City codes and ordinances. The Community Development Director may delegate and assign the review and approval of said site plan to staff, with an appeal from denial by staff to be made to the City Manager and thence to the City Council.

(Ord. No. 716, 4-4-2011)

1. Plan review and approval is required to ensure that the use and development of land as authorized under this title is undertaken in an orderly and proper manner that furthers the public health, safety and welfare and makes adequate provision for assuring the availability of appropriate public and private services and amenities and for minimizing the adverse effects of such development.
2. The design, orientation and location of open spaces, buildings, structures and signs visible from public streets, places and ways has a material and substantial relationship to property values and the taxable values of property in the City and the cost of the municipal services provided thereto. Further, the lack of planning, neglect of proper maintenance standards and the erection of buildings and structures unsuitable to and incompatible with the character of the neighborhood or area results in the deterioration of property values.
3. Therefore, it is the policy of the City that these regulations be adopted to avoid and prevent deterioration of the function, character and appearance of the City and provide a favorable environment for residents and businesses, and to preserve and enhance the property values and the general public welfare.

(Ord. No. 716, 4-4-2011)

The Community Development Director of the City has the authority to approve, approve with conditions, or deny site plans required to be submitted for approval under this article. A denial of a site plan can be appealed to the City Council upon written letter of appeal filed with the City Manager's office within ten days of the decision of denial.

(Ord. No. 716, 4-4-2011)

1. Site plan approval shall be required for multiple-family and nonresidential development under the following intended situations:
   1. Any new principal structure intended and designed for nonresidential or multifamily occupancy (or complete redevelopment of any site for nonresidential or multiple-family uses) or the use of land for nonresidential purposes.
   2. Where an existing principal structure erected prior to the effective date of the ordinance from which this section is derived is proposed to be expanded, for which the sum total of gross floor area expansion since said effective date is equal to or greater than 25 percent of the total gross floor area of said structure.
   3. Any new or modified building and/or site improvements for a zoning lot that has previously received site plan approval under this title, re-approval of the plan is required for components of the plan which depart from the approved site plan. The extent of changes to be incorporated in the submittal for re-approval shall be determined by the Director of Community Development.
   4. A site plan shall not be required exclusively as a change of use except where such change of use results in increased off-street parking requirements which cannot currently be met on the site.
   5. These requirements exclude the legal reconstruction of legally nonconforming buildings, when such buildings and related improvements are substantially restored to their prior condition.
2. Site plan review is not required as part of a planned unit development approval but may apply to development of individual sites within the planned unit development if the lot has been sold to another owner for development, as controlled by the ordinance granting planned unit development approval.

(Ord. No. 716, 4-4-2011)

1. Authority to initiate. Plan approval shall be initiated by the owner of the property, or the owner's agent, for which plan approval is sought.
2. Procedure.
   1. The owner of the property for which a zoning amendment or special exception permit is sought (requiring site plan approval above) shall file an application for site plan approval along with such application for a zoning amendment or special exception permit.
   2. The owner of the property for which a building permit is sought (requiring site plan approval above) and which development has not been approved under the requirements of this article, shall file an application for site plan approval along with an application for zoning approval or building permit.
   3. The owner of the property, or a duly authorized representative of the owner, shall file an application for site plan approval with the Community Development Department. It shall be accompanied by a nonrefundable fee established from time to time by the City Council and shall contain the following information:
      1. A completed application form provided by the Community Development Department.
      2. Three copies of all full-sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet shall be used. In no event shall individual sheets or drawings exceed 30 inches by 42 inches. In addition, 20 sets of reduced copies sized 11 inches by 17 inches shall be submitted. All sets of drawings submitted shall be folded.
      3. The names and addresses of the persons responsible for preparing the plan.
      4. The present zoning of the site and abutting property.
      5. An existing conditions map which shall show the location, dimensions, size and height of the following, as applicable:
         1. Sidewalks, streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting.
         2. Buildings and structures.
         3. Septic fields, wells and public sewer and water systems.
         4. Slopes, particularly slopes in excess of 15 percent, and terraces and retaining walls.
         5. Driveways, entrances, exits, parking areas and sidewalks.
         6. Fire hydrants.
         7. Recreation areas and public use space.
         8. Natural and artificial watercourses and bodies of water and wetlands.
         9. Limits of floodplains.
         10. Significant geological features.
         11. Underground storage tanks.
         12. Oil wells, active or abandoned.
         13. General alignment and lengths of all streets and all property lines.
         14. All building restrictions: highway setback lines, easements, covenants, reservations and rights-of-way.
         15. Date, scale and north arrow.
         16. Existing development on the site including off-street parking and loading areas and other improvements, as applicable.
         17. Distances between buildings.
         18. Calculations of the following: number of dwelling units or square footage of nonresidential uses; number and location of parking spaces; number and location of loading spaces; total land area; total landscaped area; total open space; and total impervious surface.
         19. Plans for collecting and depositing stormwater and the method of treatment of natural and artificial watercourses.
         20. Indication of proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas and ground floor elevations and structures. Filing of an earth change permit is required prior to engaging in earth moving activities.
         21. A landscape plan showing the location, names and area coverage of trees, shrubs and ground cover to be planted and the areas to be retained in natural vegetation, in accordance with CCC 12-14.
         22. Any locations intended for the outdoor display or storage of goods and merchandise.
         23. A lighting plan indicating all exterior building mounted and freestanding lights and structures including overall height, type of lamp, and luminaries.
         24. Elevations and compliance with CCC 12-13 regarding signage.
         25. Architectural elevations of all buildings proposed for the site demonstrating building material and color scheme.

(Ord. No. 716, 4-4-2011)

All documents and information submitted as part of an application for site plan approval constitute a statement by the applicant that he/she intends and agrees to be bound to develop in accord with such information upon approval.

(Ord. No. 716, 4-4-2011)

Site plans do not require any form of public notice, however, a site plan application concurrently filed with an application for a zoning amendment or an application for a Board of Adjustment public hearing shall state that site plan approval is sought as part of the public notice of the zoning amendment and/or special exception/variance amendments.

(Ord. No. 716, 4-4-2011)

Plans which are filed with an application for zoning amendment or with an application to the Board of Adjustment shall be processed as a part of the zoning amendment or Board of Adjustment application. All other site plans shall be approved under the following procedure:

1. Community Development Director recommendation. Within 60 days of the date the site plan is first filed at the Community Development Office for action, the Community Development Director may recommend approval, approval with conditions, or denial of the site plan. If the Community Development Director fails to approve the site plan within 90 days after the site plan is first filed at the Community Development Office, the Community Development Director shall be deemed to have recommended denial, unless such date is extended as mutually agreed upon by the applicant and the Community Development Director.
2. City Council action. Recommendations of denial by the Community Development Director may be appealed by the applicant to the City Council within ten days of the denial recommendation. A written letter of appeal shall be filed with the City Manager. The appeal will be placed on the next available City Council agenda for discussion.

(Ord. No. 716, 4-4-2011)

In reviewing and determining whether to approve or disapprove a plan, the Community Development Department, City Manager and City Council, if necessary, shall consider those factors listed below which it determines to be applicable to a given plan:

1. The application shall comply with the provisions of this title and other ordinances of the City and of any other applicable laws.
2. The plan shall be in reasonable conformity with the comprehensive plan.
3. Reasonable provision shall be made to ensure that development will be served by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers.
4. Any building or structure shall be reasonably accessible to fire, police, emergency and service vehicles. When deemed necessary for access, emergency vehicle easements shall be provided. The access for fire, police and emergency vehicles shall be unobstructed at all times.
5. Adequate provision shall be made to ensure the compatibility of the proposed development, including mass, scale, site layout and site design, with the character of the surrounding property and the neighborhood, including:
   1. Relationships of buildings to sites.
      1. The site shall be planned to achieve a desirable transition to the street, provide for adequate planting, safe pedestrian movement, and off-street parking areas.
      2. Parking areas should include innovative ways to significantly screen the parking areas from views from public rights-of-way.
      3. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
   2. Building design.
      1. Structures shall be in scale and harmonious with adjoining buildings.
      2. Materials shall be selected for their harmony of the building and adjoining buildings. Materials shall also be selected for suitability to the type buildings and the design in which they are used.
      3. Materials shall be of durable quality.
      4. Exterior lighting shall be part of the architectural concept, and fixtures, standards and exposed accessories shall be harmonious with the building design.
   3. Signs.
      1. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
      2. The colors, material and illumination of every sign shall be compatible and harmonious with the building and site to which it principally relates.
      3. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.
      4. All signs shall comply with CCC 12-13.
6. Open space provided shall be configured to make that open space usable, functional and appropriate to the development proposed.
7. Streets and sidewalks shall, insofar as reasonably practicable, provide access and good traffic circulation to and from adjacent lands, existing streets and sidewalks.
8. Provision shall be made to ensure that adequate access roads or entrance or exit drives will be provided and will be designed and improved so as to prevent traffic hazards or problems and to minimize traffic congestion in public streets. Curb cut permits are required as additional approval processes.
9. Adequate provision shall be made to ensure that the vehicular circulation elements of the plan are feasible.

(Ord. No. 716, 4-4-2011)

The Community Development Director or City Council, if necessary in consideration of any site plan, may impose certain conditions in granting plan approval to minimize any negative impacts or minimize any adverse impacts due to the development.

(Ord. No. 716, 4-4-2011)

Changes to site plans require reconsideration and re-approval by the Community Development Director as provided in this article.

(Ord. No. 716, 4-4-2011)

In accordance with applicable state and local law, the City may retain professional assistance from outside the City staff in the review of information submitted pursuant to this article, or as otherwise required by the Director of Community Development, to carry out the purpose of the same. All reasonable costs incurred as a result of such professional assistance shall be borne by the applicant.

(Ord. No. 716, 4-4-2011)

1. The City Council may, after a public hearing and recommendation by the Planning Commission and after conducting a public hearing as is required in accordance with the provisions of this article, authorize for specific parcels of land the issuance of a specific use permit.
2. The uses listed in CCC 12-3D-3 are so clarified because of the size of the land they require, or the specialized nature of the use, or they may more intensely dominate the area in which they are located or their effects on the general public are broader in scope than other types of uses permitted in the district.
3. The designation of a specific use permit as possible in CCC 12-3D-3 does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be valued as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate.

(Ord. No. 716, 4-4-2011)

1. Submission of plans, data and deposit. Prior to submission of a request for a specific use permit, the City Planner may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the City Council relative to any application for a specific use permit, the Planning Commission will establish the requirements necessary for consideration of the application. The Commission shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the Planning Commission as necessary during the application process. The Planning Commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the Commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.
2. Planning Commission requirements. The Planning Commission may recommend to the City Council that certain safeguards and conditions concerning bonding, insurance, setbacks, ingress and egress, off-street parking and loading arrangements and location or construction of buildings and uses and operation be required. If the Planning Commission fails to review and make a recommendation within 45 days from the date the application is accepted for processing, the City Council can take action on the application.
3. City Council requirements. The City Council may, in the interest of the public welfare and to ensure compliance with the intent of this title and the City comprehensive plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities affected by the land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The City Council may impose conditions, including, but not limited to, bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.
4. Site plan. A site plan (plot plan) setting forth the conditions specified may be required of the applicant, and such plan, when accepted, shall be made a part of the permit issued for the specific use.
5. Designation on zoning map. A specific use permit approved under the provisions of this title shall not be considered as an amendment to the zoning ordinance; however, the specific use permit shall be noted on the zoning map as follows: SUP (the number of the request for a specific use permit). Any of the conditions contained in a specific use permit approval shall be considered as conditions precedent to the granting of a building permit for the specific use provided.
6. Time limits for implementation. If for any reason the approved specific use ceases operation for a period of two years, then the approval of said specific use shall be considered void and will require another public hearing review by the Planning Commission and City Council. This shall also apply to any approved specific use that does not begin operation within two years of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place. Uses existing before the adoption of the specific use permit ordinance, including nonconforming uses and their incidental and accessory uses, must receive a specific use permit before any expansion of the use is permitted.

(Ord. No. 716, 4-4-2011)

The following uses may be allowed in the applicable zoning districts by specific use permit as granted by the City Council:

Adult detention center/correctional facility.

Adult entertainment establishments.

Adult novelty shop.

Airport/heliport.

Antenna and antenna supporting structure.

Auto pool.

Bar/tavern.

Bed and breakfast.

Billiard parlor/pool hall.

Casino.

Cement, Portland manufacture.

Cemetery.

Churches.

College or university hospital.

Commercial recreation, intensive.

Commercial resort facilities when located on a 40-acre or larger tract.

Commercial theme parks.

Convalescent homes.

Convict pre-release center.

Correctional community treatment center.

Crematory.

Detention center, juvenile/adult.

Electric generation plant and/or substation.

Electric regulating station, excluding storage or service yards or service garages and yards.

Emergency protective shelter.

Extraction operations, mining and mineral processing.

Garages and yards.

Garbage dump.

Garbage, offal, or dead animal reduction or dumping.

Golf course.

Golf driving range.

Gravel operations.

Gun club.

Halfway house.

Homeless center.

Industrial uses, when located on a 40-acre or larger tract.

Jail.

Junkyards or salvage yards.

Juvenile delinquency center.

Kennel.

Medical marijuana businesses.

Medical marijuana dispensary.

Mini-storage.

Mining and quarrying, mineral products processing, as described in this title.

Editor's note—See CCC 12-10C-5.

Mixed use.

Museum.

Nightclub.

Nursing homes.

Offices, when located on a 40-acre or larger tract.

Prisons.

Private club.

Public or private attractions.

Public or private schools with a compulsory education curriculum.

Recycling center.

Refuse dump.

Refuse transfer station.

Rehabilitation centers.

Residential treatment center.

Rifle and skeet range.

Sand operations.

Sanitary landfill.

Sewage disposal facility.

Sexually oriented business.

Single family.

Small brewer.

Tavern

Trade schools.

Transitional living center.

Transmitting tower (excluding amateur radio tower).

Trash or refuse transfer station, all processing and storage within building or containers.

Water storage facility.

Water treatment facility.

(Ord. No. 780, 2-6-2017; Ord. No. 807, 8-6-2018; Ord. No. 821, § I, 10-7-2019; Ord. No. 822, § I, 10-7-2019)

Specific uses permitted shall comply with the most restrictive yard and height requirements of the district in which located and, in addition, shall comply with the requirements, especially for parking and loading, as required per the related use unit in this title, except as may be modified by City Council as provided in CCC 12-12-7.

(Ord. No. 716, 4-4-2011)

1. Petition for specific use permit.
   1. Filing petition. A petition for a specific use permit may be filed with the Planning Commission by the owner of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such petition shall be on a standard form furnished by the City Planning Department. All petitions for a specific use permit shall be accompanied by a site plan of the proposed area showing the location of buildings, parking, and other pertinent data concerning the operation of the proposed use. Reasonable conditions may be required in conjunction with the approval of a specific use permit. Conditions imposed shall meet the following requirements:
      1. Be designed to take into consideration natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
      2. Be related to the valid exercise of the police power, and to the proposed use or activity;
      3. Be necessary to meet the intent and purpose of the zoning requirements;
      4. Be related to the standards established in the ordinance for the land use or activity under consideration; and
      5. Be necessary to ensure compliance with those standards.
   2. Fee. A fee as established by the City Council shall be required with the specific use permit application, and such other fee as the City Council may from time to time specify by resolution.
2. Notice of hearing.
   1. Except as authorized in subsection A2 of this section, in addition to the notice requirements provided for in 11 O.S. § 43-104, notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection A2 of this section, shall be given 20 days prior to the hearing by mailing written notice by the Secretary of the Planning Commission, or by the City Clerk if there is no Planning Commission, to all the owners of real property as provided for in 11 O.S. § 43-105. In addition to the notice required in this subsection, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the zoning change shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. The notice shall contain the:
      1. Legal description of the property and the street address or approximate location in the municipality;
      2. Present zoning of the property and the zoning sought by the applicant; and
      3. Date, time, and place of the public hearing.
         1. In addition to written notice requirements, notice may also be given by posting notice of the hearing on the affected property at least 20 days before the date of the hearing.
         2. For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
   2. If a municipality proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the governing body may require, in addition to the notice requirements provided for in 11 O.S. § 43-104, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall state:
      1. The date, time, and place of the public hearing;
      2. Who will conduct the public hearing;
      3. The desired zoning classification;
      4. The proposed use of the property; and
      5. Other information as may be necessary to provide adequate and timely public notice.
3. Appeals and confirmation by City Council.
   1. An applicant, or any adversely affected person, may appeal a recommendation of denial by the Planning Commission to the City Council within ten days of the Planning Commission decision by:
      1. Completing a notice of appeal form that shall be available from the City Planner; and
      2. Paying an appeal fee in the amount as set by City Council resolution.
   2. If an appeal is not timely filed, the recommendation of the Planning Commission shall be included on a City Council consent agenda for consideration, and may be removed from the consent agenda by the Council pursuant to Council rules, whereupon the Council may either accept the recommendation of the Planning Commission, reverse the recommendation of the Planning Commission, modify the decision of the Planning Commission, or remand the matter for further consideration by the Planning Commission.
   3. If an appeal is timely filed, the City Council shall establish a date specific for its decision and may affirm, reverse or remand the decision of the Planning Commission.
4. Reapplication or reconsideration of mining and quarrying and mineral products processing. The City is not required to reconsider requests denied by the municipality related to mining and quarrying or mineral products processing for the same site unless the municipality determines there has been a material change in the application. A mining application for any portion of a site previously denied by the City Council will be reviewed by the City Planner first to determine if there has been a material change in the application. A material change is a substantial change in the application as compared with prior applications such that it warrants consideration as a new application. The City Planner will establish the requirements necessary for consideration of the application. The City Planner shall also set a deposit amount from the applicant sufficient for payment of the application and permit expenses. The requirements and amount of deposit may be adjusted by the City Planner as necessary during the application process. The City Planner will notify the applicant of the decision. The determination of the City Planner may be appealed to the City Manager within 15 days of the rendering of the decision.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

It is the policy of the City that in the consideration of proposed amendments to this title:

Amendments will be adopted to recognize changes in the comprehensive plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally.

(Ord. No. 716, 4-4-2011)

The regulations, restrictions, prohibitions and limitations imposed, and the districts created may, from time to time, be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the Planning Commission shall adopt procedural rules for the conduct of zoning public hearings.

(Ord. No. 716, 4-4-2011)

The Planning Commission, upon its own motion, may, or at the direction of the City Council, shall, hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the Planning Commission, shall, within 30 days, transmit its report and recommendation to the City Council.

(Ord. No. 716, 4-4-2011)

1. Individuals, corporations, associations, etc.
   1. Any person, corporation, partnership, association, or combination thereof, having a legal or equitable interest in or to real property may file an application for a change in the zoning classification of such property by amendment of the zoning map. An application shall be filed with the City Manager or his designee, shall be in such form and content as the Planning Commission may, by resolution, establish, and shall be accompanied by payment of a fee, the amount of which shall be established by resolution adopted by the City Council. Cost of notice and posting of signs shall be billed to the applicant.
   2. An application shall be filed with the City Manager or his designee at least 30 days prior to the date of public hearing and shall be set for public hearing.
2. Planning Commission. In any instance, the Planning Commission, upon its own motion may, or on the written request of any person may, or at the direction of the City Council shall, hold a public hearing, giving notice thereof, of a proposed map amendment. After holding the public hearing, the Planning Commission shall, within 15 days, transmit its report and recommendation to the City Council.

(Ord. No. 716, 4-4-2011)

1. Planning Commission procedure.
   1. The Planning Commission shall give notice of public hearing on any proposed zoning changes as follows:
      1. Notice and public hearing of proposed regulations.
         1. Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any district regulation, restriction, or boundary shall become effective. At least 15 days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the municipality. The notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in the area.
         2. In addition to the notice required in subsection A1a of this section, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.
         3. For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
      2. Additional notice requirements for proposed zoning changes and reclassifications.
         1. Except as authorized in subsection A2 of this section, in addition to the notice requirements provided for in 11 O. S. § 43-104, notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection A2 of this section, shall be given 20 days prior to the hearing by mailing written notice by the secretary of the Planning Commission, or by the Municipal Clerk if there is no Planning Commission, to all the owners of real property as provided for in 11 O.S. § 43-105. In addition to the notice required in this subsection, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the zoning change shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. The notice shall contain the:
            1. Legal description of the property and the street address or approximate location in the municipality;
            2. Present zoning of the property and the zoning sought by the applicant; and
            3. Date, time, and place of the public hearing.
            In addition to written notice requirements, notice may also be given by posting notice of the hearing on the affected property at least 20 days before the date of the hearing.
            
            For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
         2. If a municipality proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the governing body may require, in addition to the notice requirements provided for in 11 O.S. § 43-104, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall state:
            1. The date, time, and place of the public hearing;
            2. Who will conduct the public hearing;
            3. The desired zoning classification;
            4. The proposed use of the property; and
            5. Other information as may be necessary to provide adequate and timely public notice.
   2. Notice of rezoning shall confer jurisdiction.
      1. Notice of the proposed RM-1 rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon RM-1, RD, RS-3, RS-2 and RS-1, or combination thereof, in the disposition of the application, and in like manner, notice of any R district, including RMHS, and RMHP shall confer jurisdiction to consider any less dense R district, except RMHS and RMHP. However, notice of a RMHP shall confer jurisdiction to consider the RMHS District.
      2. Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CN, and O districts, or combination thereof, in the disposition of the application, and in like manner, notice of any C district shall confer jurisdiction to consider any less intense C or O district.
      3. Notice of a proposed IH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon IH, IM, IL, and combinations thereof, in the disposition of the application.
      4. Specific notice of a proposed AG, PUD or RMHS District shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, PUD or RMHS District.

(Ord. No. 716, 4-4-2011; altered in 2023 recodification)

1. After notice and public hearing, the Planning Commission shall vote to:
   1. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification; or
   2. Recommend to the City Council that the application be denied.
2. An application recommended for approval, or approval subject to modification, shall be transmitted, with the report and recommendation of the Planning Commission, to the City Council within 15 days from the date of Planning Commission action.
3. An application recommended for denial from the Planning Commission 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 City Clerk for a hearing by the City Council. The request for hearing shall be accompanied by the payment of a fee as set by resolution. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendations to the City Council.
4. In the event the Planning Commission arrives at a tie vote, the application shall be transmitted, with a report and notation of the tie vote, to the City Council within 15 days from the date of Planning Commission action.

(Ord. No. 716, 4-4-2011)

1. The City Council shall hold a hearing on each application transmitted from the Planning Commission and on any proposed zoning map amendment initiated pursuant to CCC 12-3B-5A2. The City Council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application.
2. Prior to the hearing on the proposed rezoning ordinance before the City Council, the applicant shall remit to the office of the City Clerk the application fee as set by resolution.
3. In case of a protest against such zoning change filed at least three days prior to the public hearing before the Planning Commission by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change, such amendment shall not become effective except by the favorable vote of three-fifths of all the members of the City Council.

(Ord. No. 716, 4-4-2011)

When the City Council has denied an application to amend the zoning classification of a particular tract of land, or when the Planning Commission has denied such application and no appeal was made to the City Council, no subsequent application on such tract or portion thereof shall be set for public hearing by the Planning Commission until 180 days have elapsed from the date of the Planning Commission action on the original application.

(Ord. No. 716, 4-4-2011)