A city planning commission is hereby created. It shall consist of five (5) appointed members, all of whom shall either reside in the city limits for a minimum of six (6) months prior to becoming a member, or own and operate a business within the city limits of the City of Harrah for a minimum of six (6) months prior to becoming a member (provided that no more than two (2) non-resident members shall serve at any time). The mayor and the city engineer, if any, shall serve as ex officio members of the commission. The five (5) appointive members shall be nominated by the mayor and confirmed by the city council. Each appointed member shall serve for a term of three (3) years, or until his successor takes office. Any vacancy occurring other than by expiration of the term, shall be filled only for the unexpired term by the Mayor and with confirmation of the city council. The members shall serve without compensation. The city council shall remove a member of the planning commission for not attending at least six (6) monthly meetings during any consecutive twelve (12) month period, or upon conviction of a felony or crime of moral turpitude, or other cause allowed by law. Members shall be appointed based on willingness to serve and be an active member of the planning commission. The planning commission shall be nonpartisan. (Prior Code, Sec. 16-1; amd. Ord. 1993-5, 7-15-1993; Ord. 2021-12, 8-16-2021)

Three (3) members of the commission shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken which is binding upon the commission, unless concurred in by not less than a majority of all members comprising the commission. (1986 Code)

The planning commission shall elect a chair and a secretary and may create and fill such other offices as it may deem necessary. The terms of the chair and secretary shall be one year with eligibility for reelection for additional term(s) by a majority vote of the membership at the July meeting of each year. The secretary need not be a member of the commission. The commission shall determine the time and place of its regular meeting. The planning commission shall adopt rules for the transactions of business and keep a record of its regulations, transactions, findings and determinations, which record shall be a public record. (Prior Code, Sec. 16-2; amd. Ord. 1993-5, 7-15-1993)

The planning commission may recommend such employees as it deems necessary for its work, whose appointment, promotion, demotion and removal shall be at the pleasure of the city council. The commission may also recommend to the city council the employment of planners, engineers, architects and consultants for such other services as it may require. The city council may provide funds for the salaries of employees and the expenses of the commission as for other functions of the city government. (Prior Code, Sec. 16-2)

   A.   The commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens with relation to the protecting or carrying out of the plan. All public officials shall, upon request, furnish the commission within a reasonable time such available information as it may require for its work.

   B.   To execute the duties of the planning commission, various site plans shall be subject to the review and approval of the technical review committee. This committee shall be chaired by the city manager and further composed of the police chief, fire chief, director of public works, and city planner. It may utilize the services of the city attorney and consulting city engineer as deemed necessary. (1986 Code)

In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning and carry out the purposes of this chapter. (1986 Code)

The planning commission shall have the power and duty to prepare and recommend to the city council for adoption a comprehensive plan for the physical development and betterment of the city, including any areas outside its boundaries which, in the commission's judgment, bear relation to the planning of the city. The comprehensive plan shall be reviewed and updated every five (5) years or more often when population growth and land use changes warrant plan revisions. (Ord. 1993-4, 7-15-1993)

The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote the health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provisions for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds. (1986 Code)

Whenever the city council shall have adopted the comprehensive plan of the city or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, or public building or structure, or other governmental enterprise shall be constructed or authorized in the city, or in such planned section and district until the location, character or extent thereof shall have been submitted to and approved by the commission; provided, that in case of disapproval, the commission shall communicate its reason to the city council, which shall have the power to overrule such disapproval by a recorded vote of a majority of its membership. (1986 Code)

The commission may prepare and recommend to the city council for adoption rules and regulations governing subdivision of land within the city limits. All plans, plats and replats of land laid out in two (2) or more lots, plats or parcels, or streets or alleys, or other ways intended to be dedicated for public use shall be first submitted to the commission for its recommendations. The commission shall check the proposed dedication or subdivision to ensure compliance with the comprehensive plan. The disapproval of any plan, plat or replat by the city shall be deemed the refusal of the dedication thereon. No plat or replat of subdivision of land, or dedication of street or alley, or other easement shall be entitled to record unless it bears the signature of the mayor, attested by the city clerk, certifying the approval and acceptance by the city council. (1986 Code)

   A.   The planning commission shall also act as the zoning commission, which shall have the power to prepare and recommend to the city council, for adoption a zoning plan to regulate and restrict the height, number of stories, the size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of building structures and land for trade, industry, residences or other purposes.

   B.   The commission may recommend the division of the city into districts of such number, size and area that may be deemed best suited to carry out the zoning plan. All such regulations shall be uniform for each class or kind of building throughout the district, but the regulations from one district may differ from those of other districts. Nothing in this subsection B shall be construed to apply to telephone exchange buildings. (Prior Code, Sec. 16-4)

There is hereby created a zoning board of adjustment consisting of five (5) members, citizens of the city, each to be appointed by the mayor and confirmed by the city council for a term of three (3) years. Two (2) of the five (5) members shall be members of the city planning commission. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose term becomes vacant. All appointments thereafter shall be for a term of three (3) years. The board shall elect a chair from its membership to serve for a term of two (2) years. (Ord. 1989-11, 11-14-1989)

The board shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in case of absence the acting chair, may administer oaths and require the attendance of witnesses by subpoena. The board shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under any such ordinance or code, or to effect any variation in such ordinance or code. The board of adjustment shall have access to all pertinent staff to provide services, reports and documentation at least ten (10) days prior to each meeting and at such other times as may be necessary to fulfill their obligations. (1986 Code)

   A.   Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector. Such appeal shall be taken within thirty (30) days after the decision by filing with the officer from whom the appeal is taken and with the city clerk notice of appeal specifying the grounds therefor, and by paying a filing fee at the office of the city clerk at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

   B.   An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on the cause shown.

   C.   The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. (1986 Code)

   A.   The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations set forth in section 12-201 et seq. of this part.

   B.   Exceptions or variances may be allowed by the board of adjustment only after notice and hearing as provided by this chapter. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise the variance or special exception shall be voidable on appeal to the district court. In addition, notice of hearings shall be given to the city manager; and, upon request of the city manager, or in his absence the mayor of the city, an opportunity shall be given for the attendance at any board of adjustment meeting by the city attorney or city planner.

   C.   When exercising the powers provided in this chapter the board of adjustment, in conformity with provisions of the zoning regulations, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed, and make such order, requirement, decision or determination as ought to be made.

   D.   The concurring vote of at least three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination being appealed from, to decide in favor of the applicant or to decide any matter which may properly come before it pursuant to the zoning regulations. (Ord. 1989-11, 11-16-1989)

   A.   A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district, as authorized by the zoning regulations, may be granted, in whole, in part, or upon reasonable conditions, as provided in this article, only upon a finding by the board of adjustment that:

      1.   At the time of the original adoption of the regulation there are extraordinary and exceptional conditions pertaining to the particular size of property in question because of its size, shape, or topography, or other extraordinary or exceptional situation or condition of a specific piece of property;

      2.   The strict application of the zoning regulations to this particular and exceptional piece of property would create an unnecessary hardship, not self-imposed by the owner or developer;

      3.   Such conditions are peculiar only to the particular piece of property involved and not generally prevalent in the area;

      4.   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the regulations or the comprehensive plan; or

      5.   Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning regulations; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the zoning regulations set forth in section 12-201 et seq. of this part.

   B.   Notice of public hearings before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. A copy of the published notice shall be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.

   C.   The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:

      1.   Legal description of the property and the street address or approximate location in the municipality.

      2.   Present zoning classification of the property and the nature of the appeal, variance or exception requested.

      3.   Date, time and place of the hearing.

   D.   On hearings involving minor variances or exception, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection C of this section. (Ord. 1989-11, 11-16-1989)

   A.   The board shall have the power to hear and decide special exceptions to the terms of this part upon which the board is required to pass under this part. Upon appeal, the board is empowered to permit the following exceptions:

      1.   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

      2.   To interpret the provisions of this part where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the office of the city clerk.

      3.   To grant exceptions to the off-street parking requirements set forth in section 12-201 et seq. of this part when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and that the proposed use will not create undue traffic congestion in the adjacent streets. (1986 Code)

In exercising its powers the board may, in conformance with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions 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. In considering all appeals from rulings made under this chapter, the board shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion of the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals, and general welfare of the people of the city. Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the board, and shall specify the reason for granting or denying the appeal. (1986 Code)

   A.   An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the board of adjustment within ten (10) days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the board shall transmit to the court clerk the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

   B.   An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chair of the board of adjustment from which the appeal is taken certifies to the court clerk, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court or superior court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this part, and upon notice to the chair of the board of adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review. (1986 Code)

   A.   It is a violation of this part for any person to change or permit the change in the use of land, buildings, or structures, or to erect, alter, move, or improve any building or structure until a building permit or certificate of occupancy has been obtained under the conditions set out in this chapter.

   B.   These regulations shall be enforced by the building official under the direction of the city manager.

   C.   While this article does not require submittal of any documentation prior to formal application for a building permit or certificate of occupancy, property owners are encouraged to consult with the building official prior to making formal application to become familiar with the policies and procedures of the city. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995)

   A.   Except as provided herein, a building permit shall be obtained from the city under any of the following conditions:

      1.   Whenever any structure or building is to be erected, moved, or structurally altered;

      2.   Whenever a parking lot is to have access points changed; or

      3.   Whenever any required landscape area or landscape improvements are to be relocated or removed. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995; Ord. 2021-18, 10-4-2021)

   A.   Except as provided in subsection B of this section, no change shall be made in the use of any existing commercial or industrial land, building, or structure until a certificate of occupancy is obtained from the building official certifying compliance with all the provisions of this code. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995)

   B.   Change in ownership or tenancy of a business property shall require a new certificate of occupancy as follows:

      1.   If property has been vacant for less than six (6) months, and no building permit has been required for structural modifications, and the new use conforms to the same zoning district regulations as the previous use, a new certificate of occupancy shall be issued after the applicant registers the name, address, telephone number, relevant licensing information of the occupant and any other information required by the city.

      2.   If the property has been vacant for more than six (6) months, or a building permit has been issued or required for structural modifications, or there has been a change in zoning district or use of the property, a new certificate of occupancy shall be issued only after the property has been inspected for compliance with all codes, and the applicant has registered the name, address, telephone number, relevant licensing information of the occupant and such other information as the city shall require. (Ord. 1996-19, 12-19-1996)

   C.   Whenever a building permit has been issued for new construction, remodeling, or add-on work related to existing structures, and codes permit continued occupancy of the existing improvements, no occupancy of the new project area shall take place until the building official has issued a certificate of occupancy.

   D.   The building official may issue a certificate of occupancy on a temporary basis when he has determined that:

      1.   The construction project has been substantially completed except for noncode finishing details which can be completed within thirty (30) days.

      2.   Occupancy does not constitute a danger to the health, safety, and welfare of the community. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995)

   A.   Application for a building permit shall be made at city hall on forms provided by the city. Administrative review of the application by the building official shall begin upon submittal of the complete application and the application fee. The following supporting information is required for a complete application:

      1.   For single-family and two-family dwellings, the following:

         a.   A survey, prepared by a licensed surveyor registered in the state of Oklahoma, of the boundaries of the lot on which the improvement is proposed to be located; provided:

            (1)   No survey shall be required for the erection of a portable building on a lot occupied by a single-family or two-family dwelling.

            (2)   In the A-1 and A-2 districts, no survey shall be required for accessory buildings related to a single-family dwelling or agricultural use, provided the property contains the minimum lot area required by the area regulations of the zoning district.

         b.   Three (3) complete sets of construction plans.

         c.   A site plan showing the location of the structure on the lot, all easements, setbacks, curb cuts, and driveways. Every dwelling unit shall have direct access to a dedicated public street or a private road that has been approved by the city and improved to minimum standards established by the city.

         d.   Drainage information, including grading plans, to show that storm water will be directed to the street side of the lot or to an improved drainage structure in an easement at the rear or side of the lot.

      2.   For multi-family (3 or more units), commercial, industrial, public buildings, and all public and private institutional development, the following information shall be required:

         a.   A survey, prepared by a licensed surveyor registered in the state of the boundaries of the lot on which the improvement is proposed to be located.

         b.   Three (3) sets of complete construction plans, including structural, civil, mechanical, electrical, and fire protection plans, prepared in conformance with applicable codes and ordinances.

         c.   Three (3) copies of a site plan, drawn to a scale of at least one inch equals twenty feet (1" = 20'), showing the following information on one or more sheets:

            (1)   The exact size, shape, and dimensions of the lot proposed to be built on with a notation of the total square feet of lot area.

            (2)   The exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of any structure or building proposed to be repaired, altered, erected, or moved.

            (3)   A declaration of the existing and intended use of each existing or proposed building or structure on the lot, and, if applicable, the number of families or housekeeping units which each existing and proposed building is designed to accommodate.

            (4)   Adjacent street and alley rights of way, showing curb cuts or proposed points of ingress and egress, and dimensions of driveways. Every dwelling unit shall have direct access to a dedicated public street or a private road that has been approved by the city and improved to minimum standards established by the city.

            (5)   A landscaping plan showing conformance with landscaping requirements of the zoning code.

            (6)   Vehicle parking and loading areas, to include delineation of all parking spaces and a total number indicated, dimensions of all aisle widths; specifications for depth and type of paving.

            (7)   Location of walkways and steps, including all information necessary to show conformance with access requirements for disabled persons.

            (8)   A drainage plan which shows size and location of existing and proposed storm water structures, flood plain area if applicable, topographic contours at two foot (2') intervals, and proposed grading plans to direct storm water to the street or to an improved drainage structure in an easement at the rear or side of the lot.

            (9)   Location, dimensions, and type of all easements situated on or abutting the property.

            (10)   Front, side, and rear yard setbacks illustrated in feet.

            (11)   Location of exterior lighting, screening, open space, solid waste collection methods and accommodation.

            (12)   Location and size of existing or proposed utility service;

            (13)   Any other information that the applicant believes to be relevant to the application.

            (14)   Persons performing parking lot and driveway resurfacing and restriping shall not be required to submit the full list included above, but they shall be required to submit satisfactory information to verify the proper handling of drainage, that the number of parking spaces will not be reduced below the minimum requirements, that the resurfacing materials conform to minimum city standards, and that the landscaping requirements of this code have been met or will be met upon completion of the improvements. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995)

Any person, firm, or corporation found violating or failing to comply with any of the provisions of this chapter shall be guilty of an offense and, upon conviction, shall be liable for a fine as provided in this code. (Ord. 1991-3, 4-4-1991; amd. Ord. 1995-3, 1-19-1995)