1. Town Administrator and Town Clerk.
   1. Designated as administration and enforcement officials. The Town Administrator, or his or her designated representative, and Town Clerk shall administer and enforce the zoning code. They may be provided with the assistance of such other persons as the Board of Trustees may direct.
   2. Powers and duties.
      1. If the administrative officials shall find that any of the provisions of the zoning code are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
      2. The administrative officials shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this zoning code to ensure compliance with or to prevent violation of its provisions.
      3. It shall be the responsibility of the Town Clerk for the Planning Commission to fix the date, time, and place, the publication and mailing notices as required by this zoning code, and conduct the public hearings and report on the public hearings with its recommendations for action to be taken by the Board of Trustees.
2. General procedures.
   1. It is the intent of the zoning code that all questions of interpretation and enforcement shall be first presented to the Town Administrator or designated representative, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Town Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
   2. It is further the intent of this zoning code that the duties of the Board of Trustees in connection with the zoning code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this zoning code.
   3. Under this zoning code, the Board of Trustees shall have only the duties:
      1. Of considering and or rejecting proposed amendments or the repealing of this zoning code, as provided by law; and
      2. Establishing a schedule of fees and charges as stated in § 157.023 of this chapter.
3. Code of ethics. The Mayor or any member of the Board of Trustees, Planning Commission, or 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 zoning code, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his or her interest, abstain from voting on the matter, and refrain from any deliberation on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon. Any violation of this code of ethics by any member of the Planning Commission or Board of Adjustment shall be subject to removal by a majority vote of the Board of Trustees. Any violation of this code of ethics by a member of the Board of Trustees shall make the action taken by the Board of Trustees null and void.

(Prior Code, § 12-2-1) (Ord. 1997-3-1, passed 3-10-1997)

A copy of the zoning regulations, amendments, and map shall be kept on file in the office of the Town Clerk.

(Prior Code, § 12-2-2) (Ord. 1997-3-1, passed 3-10-1997)

1. Building permit.
   1. Permit and compliance required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the administrative officials. No building permit shall be issued by the administrative officials except in conformity with the provisions of this zoning code, unless they receive a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this zoning code.
   2. Application for permit. No building permit shall be issued until the applicant files an application stating the location, type, and size of the structure to be erected, constructed, repaired or relocated, and has attached thereto a plan in duplicate. All applications for building permits shall be provided in duplicate, drawn to scale, and showing exact dimensions of all lots, buildings, and structures. Said plan shall depict, to scale, the lot lines, floor plan, lowest floor elevation (including basement), location of building on the lot, setback lines, easements, right(s)-of-way, north arrow, scale, existing and/or proposed uses, number of dwelling units and lot areas, and furnish such other information as the Building Director/Code Officer may require.
   3. Approval or disapproval of permit. The Building Director/Code Officer shall review the permit and approve or disapprove the permit within five working days. One copy of the plans shall be returned to the applicant by the administrative officials. After they have marked such copy, either as approved or disapproved and attested to same by their signature on such copy, one copy of the plans, similarly marked, shall be retained by the administrative officials.
   4. Expiration of permit.
      1. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire, it shall be canceled by the administrative officials, and written notice thereof shall be given to the persons affected.
      2. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative officials, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
2. Certificate compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative officials stating that the proposed use of the building or land conforms to the requirements of the zoning code.
3. Scope of permit and certificate. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative officials authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this zoning code and punishable as provided by §§ 157.024 and 157.999 of this chapter.

(Prior Code, § 12-2-3) (Ord. 1997-3-1, passed 3-10-1997)

For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows. For any land which has been rezoned upon application of a private party or any land which has been granted a special exception by the Board of Adjustment as enumerated under the provisions within this code, no building permit or zoning clearance permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to and approved by the Planning Commission, and filed of record in the office of the County Clerk of the county wherein the property is situated. Provided, that the Board of Trustees, pursuant to its exclusive jurisdiction of subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat.

(Prior Code, § 12-2-4) (Ord. 1997-3-1, passed 3-10-1997)

Where the zoning code provides for the use permissible upon review, the following procedure is established.

1. Application for review. Applications for review shall be filed with the secretary of the Planning Commission at least seven days prior to the next regular meeting of the Commission. The application shall show the location and intended use of the site, the names of the property owners and existing land uses within 300 feet, exclusive of streets and alleys, and any other information pertinent to the request that the Planning Commission may require.
2. Hearing and notice requirements. The Planning Commission shall fix the date, time, and place of a public hearing. The public notice shall be the same as § 157.021(C) of this chapter.
3. Planning Commission recommendation. The Planning Commission shall, within 45 days after said public hearing, make a recommendation to the Board of Trustees.

(Prior Code, § 12-2-5) (Ord. 1997-3-1, passed 3-10-1997)

1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   
   SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or re1ation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such use may be permitted if specific provision for such SPECIAL EXCEPTION is made in the zoning code.
   
   VARIANCE. A relaxation of the terms of the code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship. As used in this zoning code, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
2. Application for special exception and variance; hearing. Applications for special exceptions and variances shall be filed with the Town Clerk, and public hearings shall be held in accordance with §§ 157.022(E) and 157.038 of this zoning code.

(Prior Code, § 12-2-6) (Ord. 1997-3-1, passed 3-10-1997)

1. Authority. The regulations, restrictions, and boundaries set forth in this zoning code may from time to time be amended, supplemented, changed, or repealed, as provided in 11 O.S. § 43-105.
2. Procedure.
   1. Hearing authorized. Before any amendment, change of regulation, restriction, or boundary shall become effective, parties in interest and citizens shall have an opportunity to be heard at a public hearing.
   2. Notice requirements. At least 20 days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the town.
   3. Filing amendment. The proposed amendment or change shall be filed with the Town Clerk.
   4. Protests.
      1. Protests against proposed changes shall be filed at least three days before the date of the public hearing.
      2. If protests are filed by owners of 20 % or more of the area of the lots included in the proposed change, or the owners of 50% or more of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change, such proposed change or amendment shall not become effective except by a three-fifths' favorable vote of all members the Board of Trustees.
3. Rezones. Property may be rezoned or reclassified by complying with the provisions of 11 O.S. § 43-106. Before any property is rezoned or reclassified, parties in interest shall have an opportunity to be heard at a public hearing. All costs of public notice shall be borne by the applicant.
   1. Zone change hearing.
      1. In addition to giving the notice as specified in division (B)(2) above, notice of a public hearing on any proposed zoning change shall be given 20 days prior to the hearing by mailing written notices by the Town Clerk for the Planning Commission to all owners of property within a 300-foot radius, inclusive of streets and alleys, of the exterior boundary of the subject property.
         1. The notice shall contain:
            1. Legal description of the property and the street address or approximate location in the town;
            2. Present zoning and classification of the property and the proposed zoning and reclassification sought by the applicant; and
            3. Date, time and place of the public hearing.
         2. In addition to written notice requirements, notice shall also be given by posting notice of such hearing on the affected property at least 20 days before the date of the hearing.
      2. Applicant shall provide, at applicant's expense, an abstractor's certificate showing the names and addresses of property owners within a 300-foot radius, inclusive of streets and alleys.
   2. Reclassification hearing. In cases of proposed zoning reclassifications, the governing body shall require additional notice of the public hearing by posting a sign on the property 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 contain:
      1. The date, time, and place of the public hearing;
      2. By whom the public hearing will be conducted;
      3. The desired zoning classification;
      4. The proposed use of the property; and
      5. Other information as deemed necessary to provide adequate and timely public notice.
   3. Filing rezone or reclassification. The proposed rezoning or reclassification shall be filed with the Town Clerk for the Planning Commission.

(Prior Code, § 12-2-7) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

1. Board of Adjustment authority. The Board of Adjustment, whose powers and duties are set forth in 11 O.S. and §§ 157.035 through 157.040 of this zoning code, shall have the power to modify or vary the minimum requirements herein set forth in specific instances where the strictest application of this zoning code would constitute an undue hardship and an unreasonable deprivation of the use of property as distinguished from the mere grant of a privilege; provided, however, that any modification or variation shall take into account the intended purpose of this plan to protect the public welfare and safety.
2. Right to appeal. Any interested party may appeal any order, decision, or determination made by the Building Director/Code Officer to the Board of Adjustment. Also refer to §§ 157.035 through 157.040 of this zoning code.
3. Notice of appeal. The party appealing shall file a written notice of appeal with the Town Clerk within ten days after the order, decision, or determination is made.
4. Records. The Town Clerk shall transmit to the Board of Adjustment the records relating to the order, decision, or determination of a transcript thereof.
5. Hearing and notice requirements. The Board of Adjustment shall fix the date, time, and place of the public hearing and cause notice to be given by publication in a newspaper of general circulation in the town and by mailing notice to property owners within 300 feet of the property inclusive of streets and alleys involved, at least ten days before the hearing.

(Prior Code, § 12-2-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Fees and charges for administering and processing this zoning code are hereby fixed as follows.

1. Filing of applications. The fees below shall apply to the first five acres, or fraction thereof, and shall increase by per each additional acre or fraction of acre thereof.
   
   

   CBD, C-1, C-2 and C-3	$100
   I-1 and I-2	$100
   R-1, R-2, HP and HL	$50
   R-3, R-4	$100

2. Notices.
   1. Notice of appeal: $25.
   2. Publications:
      1. Publication of notice: $25 or actual cost of publication, whichever is greater; and
      2. Notice by sign: $50 or actual cost of posting of sign, whichever is greater.
   3. Applicants whose applications require notice to property owners within 300 feet, inclusive of streets and alleys, shall pay the cost of an abstractor's certificate showing the names of such property owners and addresses.
   4. Applicants are responsible for the cost of public notice, including, but not limited to, signs, newspaper publications, and cost of public notice by mail. Such costs will be invoked at actual cost of such notice.

(Prior Code, § 12-2-9) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

1. Compliance required. From and after passage and publication, no building permit shall be issued for any new structure, improvement, or alteration of any existing structure on any tract of land, nor shall any town utilities or services be extended to any tract of land which does not comply with all of the provisions of these regulations.
2. Complaints. Whenever a violation of the zoning code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basic reasons thereof, shall be filed with the Town Clerk. The administrative officials shall record properly such complaint, immediately investigate, and take action thereon as provided by the provisions of the zoning code.
3. Separate offense; additional remedies. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and suffer the penalties provided in § 157.999. Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
4. Injunction. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this zoning code or of any ordinance or other regulation made under authority conferred hereby, the proper town authorities, or any other person affected thereby, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the unlawful occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Prior Code, § 12-2-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999