Hennessey City Zoning Code
GENERAL PROVISIONS
§ 154.001 TITLE; AUTHORITY; APPLICABILITY; EFFECTIVE DATE.
(A) This chapter shall be known and may be cited as the “Town of Hennessey Unified Development Ordinance” and establishes the regulations and standards governing the use and development of land within the town.
(B) The town is authorized by the powers pursuant to the state legislature. The Town Board of Trustees chooses to exercise broad powers including the regulation of zoning, planning and subdivision of land. In addition, the Town Board of Trustees intends that all other available powers shall support this chapter including those powers and those provided by state law, such as, but not limited to, the provisions of 11 O.S. §§ 11-43-101 et seq. If other authority is available because of changes in statutory and case law, state and federal, the Town Board of Trustees intends to avail itself of those resources as well.
(C) This chapter shall apply to all land, buildings, structures and uses thereof located within the town. No person shall begin or change a land use or development in the town without first obtaining a permit or approval from the Zoning Administrator. Uses not allowed or permitted are prohibited.
(D) This chapter has been adopted pursuant to Ordinance 382, dated July 8, 2021, and as amended thereto.
(Ord. 382, passed 7-8-2021)
§ 154.002 PURPOSE; NATURE OF REGULATIONS.
(A) The provisions of this chapter are enacted to protect the public health, safety and general welfare; and to encourage the orderly and efficient development and use of land within the town, consistent with the town’s comprehensive plan and the following principles:
(1) Compact development, which promotes the efficient provision of public services and infrastructure;
(2) Mixed-use, which clusters homes, jobs, stores, parks and services within walking distance of one another;
(3) Full utilization of urban services (e.g., water, sewer, storm drainage, parks and transportation facilities), which maximizes the return on public investments in infrastructure;
(4) Transportation efficiency, or development of an interconnected street system supporting multiple modes of transportation, which yields more direct routes (shorter distances) between local destinations, conserves energy, reduces emergency response times and provides alternatives to the automobile for those who are unable or choose not to drive a car;
(5) Human-scale design, or development in which people feel safe and comfortable walking from place to place because buildings, streetscapes, parking areas, landscaping, lighting and other components of the built environment are designed foremost with pedestrians in mind;
(6) Healthy and active living, by creating or transforming neighborhoods and districts to make physical activity through transportation, exercise and recreation more likely;
(7) Environmental health, which requires adequate light and air circulation, management of surface water runoff, and treatment and disposal of waste; and
(8) Efficient administration of code requirements, consistent with the needs of the town.
(B) The regulations contained herein divide the town into zoning districts and regulate therein the use of the land, buildings and structures, the size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population, within the corporate limits of the town.
(Ord. 382, passed 7-8-2021)
§ 154.003 SCOPE.
(A) Except as otherwise provided, no land shall be used other than one that is allowed by the provisions of this chapter.
(B) No building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt, or arranged in any manner except as allowed by this chapter.
(C) Buildings, structures and land may be used and occupied only in compliance with the provisions of this chapter.
(D) All lots created or modified must comply with all applicable provisions of this chapter.
(Ord. 382, passed 7-8-2021)
§ 154.004 CONFLICTING PROVISIONS.
(A) Conflict with state or federal regulations. If the provisions of this chapter are inconsistent with state or federal law, the more restrictive provision governs to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
(B) Conflict with other regulations. If the provision of this chapter are inconsistent with one another or if they conflict with the provisions found in other adopted ordinance or regulations of the town, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
(C) Conflict with private agreements and covenants. This chapter does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this chapter impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this chapter govern. The town is not responsible for monitoring or enforcing agreements or covenants among private parties.
(Ord. 382, passed 7-8-2021)
§ 154.005 RULES OF LANGUAGE; ORDINANCE CONSTRUCTION.
(A) Meanings and intent. The language of the chapter must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in this chapter or have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this chapter have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.
(B) Computation of time.
(1) References to “days” are to calendar days unless otherwise expressly stated. Reference to “business days” are references to regular working “days” of the town, excluding Saturdays, Sundays and holidays observed by town government.
(2) The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by town government, that day is excluded.
(3) A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.
(C) Tenses and usage.
(1) Words used in the singular include the plural. The reverse is also true.
(2) Words used in the present tense include the future tense. The reverse is also true.
(3) The words “must”, “will”, “shall” and “may not” are mandatory.
(4) The word “may” is permissive, and “should” is advisory, not mandatory or required.
(5) When used with numbers, “up to x,” “not more than x” and “a maximum of x” all include “x”.
(6) The word “person” includes a firm, association, organization, partnership, trust company or corporation, as well as an individual.
(7) The words “used” and “occupied” include “intended, designed or arranged to be used or occupied”.
(8) The word “lot” includes “plat” or “parcel”.
(D) Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
(1) “And” indicates that all connected items or provisions apply; and
(2) “Or” indicates that the connected items or provisions may apply singularly or in combination.
(E) Headings and illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this chapter. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text controls.
(F) Current versions and citations. All references to other town, state or federal regulations in the chapter refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, chapter requirements for compliance are no longer in effect.
(G) Lists and examples. Unless otherwise expressly indicated, lists of items or examples that use “including”, “such as” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(H) Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the town to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this chapter expressly prohibit such a delegation.
(I) Public officials and agencies. All employees, public officials, bodies and agencies to which references are made are those of the town unless otherwise expressly stated.
(Ord. 382, passed 7-8-2021)
§ 154.006 TRANSITIONAL PROVISIONS.
The provisions of this section address the transition from the previous ordinance (the one in effect before the effective date specified in § 154.001) to this chapter.
(A) Zoning district map symbol conversions. The zoning district names and map symbols in effect before the effective date specified in § 154.001 are converted as follows:
Proposed District Name | Existing District Name |
Proposed District Name | Existing District Name | ||
Agricultural | |||
A-1 | Agricultural District | A-1 | Agricultural District |
Residential | |||
RE | Rural Estate District | R-1A | Urban Estate Residential District |
R-1 | Low Density Residential District-1 | R-1 | One-family Residential District |
R-2 | Medium Density Residential District | R-2 | Medium Density Residential District |
R-3 | High Density Residential District | R-3 | Residential Multi- Family District |
RM | Mobile Home Park District | RM | Mobile Home Park District |
Commercial | |||
LC | Light Commercial District | C-l | Local Commercial District |
HC | Heavy Commercial District | C-3 | Highway Commercial District |
Industrial | |||
I-1 | Light Industrial District | I-1 | Restricted Industrial District |
I-2 | Heavy Industrial District | I-2 | General Commercial District |
Mixed-Use Districts | |||
MU-1 | Low Density Mixed-use District | ||
DM | Downtown Mixed-use District | C-2 | Center Business District |
(B) Applications, permits and approvals.
(1) Any building, development or structure for which a building permit was issued, or a complete permit application had been accepted for processing before the effective date specified in § 154.001 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this chapter. If the building is not commenced and completed within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this chapter.
(2) Completed applications for PUDs, development plans, special use permits, variance or other zoning-related approvals that are pending approval on the effective date specified in § 154.001 must be reviewed wholly under the terms of the chapter in effect immediately preceding the effective date specified in § 154.001. Building permits for construction and development approved under such zoning approvals may be issued in accordance with Section 10-1.1-B3.
(3) (a) The Zoning Administrator is authorized to issue building permits for construction or development approved before the effective date specified in § 154.001 and for developments pending approval under Section 10-1.1-B2, even if such building development or structure does not fully comply with provisions of this chapter.
(b) If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this chapter.
(4) (a) When a use classified as a special use permit under this chapter exists as an approved special use permit or permitted use on the effective date specified in § 154.001, that use will be considered a lawfully established special use permit under this chapter.
(b) When any amendment to this chapter changes the classification of a permitted use to a special use permit, any use lawfully established before such amendment will be considered a lawfully established special use permit after the effective date of the amendment.
(C) Violations continue. Any violation of the previous ordinance shall continue to be a violation under this chapter and shall be subject to the penalties and enforcement set forth in §§ 154.240 through 154.244 and 154.999 of this chapter, unless the use, development, construction, or other activity complies with the provisions of this chapter. Payment shall be required for any civil penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this chapter.
(D) Nonconformities.
(1) Any nonconformity under the previous ordinance will also be a nonconformity under this chapter, as long as the nonconforming situation continues to exist.
(2) If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
(3) A situation that did not constitute a (lawful) nonconforming situation under the previously adopted ordinance does not achieve (lawful) nonconforming status under this chapter merely by repeal of the previous ordinance.
(Ord. 382, passed 7-8-2021)
§ 154.007 SAFE HARBOR AUTHORIZATION.
The Town Board of Trustees is expressly authorized to avoid the preemptive force of any provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA, being 42 U.S.C. §§ 2000cc et seq.) by any one or more of the following actions:
(A) Changing the policy or practice that results in a substantial burden on religious exercise;
(B) Retaining the policy or practice and exempting the substantially burdened religious exercise;
(C) Providing exemptions from the policy or practice for applications that substantially burden religious exercise; or
(D) Any other means that eliminates the substantial burden on religious exercise.
(Ord. 382, passed 7-8-2021)
§ 154.008 SEVERABILITY.
If any portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, the portion is to be deemed severed from the chapter and in no way affects or diminishes the validity of the reminder of the chapter.
(Ord. 382, passed 7-8-2021)