Hennessey City Zoning Code

ADMINISTRATION AND

PROCEDURES

§ 154.035 PLANNING AND ZONING COMMISSION.

(A) Creation and membership.

(1) A Planning Commission is hereby created and appointed by the governing body. There shall be five regular voting members of the Planning Commission.

(2) A quorum of the Commission shall consist of three members. Before entering the performance of their duties each member shall take and subscribe to the oath of office as required by law.

(B) Organization and meetings.

(1) The Commission shall select the Chairperson and Vice-Chairperson from among its members. It is the duty of the Vice-Chairperson to preside over all meetings in the absence of the Chairperson. The Commission shall keep its own minutes and records.

(2) The Commission meetings shall be set by the Town Administrator on an as needed basis, with notification as required by state law. Commission meeting times shall also be determined by the Town Administrator. The Commission may meet at other times as the Commission determines.

(3) Special meetings may be held upon the request of three members of the Commission. At least 72 hours’ advance notice shall be given to the Town Clerk of any special meetings.

(1) Except as otherwise provided by the code, ordinance, rule, policy or regulation of the Town Board of Trustees, the Planning Commission shall have all the powers and duties prescribed for it by 11 O.S. § 11-45-103, 11 O.S. § 11-45-104cite and all other powers and duties now or hereafter prescribed for it by any other provision of state law.

(2) The Planning and Zoning Commission’s powers and duties include, but are not limited to:

(a) Recommend to the Town Board of Trustees all requests for adoption or amendments to:

1. The comprehensive plan;

2. Special area plans, corridor plans and neighborhood plans; and

3. The text of this code and the zoning map, including zoning for newly annexed territory.

(b) Hear and recommend to the Town Board of Trustees all requests for:

1. Vacating public rights-of-way and easements pursuant to 11 O.S. §§ 42-102 et seq.;

2. Zoning changes, including rezoning and zoning of planned developments;

3. Special permits;

4. Planned development outline development plan approvals and major amendments;

5. A vested right as a part of any site-specific development plan; and

6. Sewer variances.

1. Appeals;

2. Vacating any plat;

3. Special use permits; and

4. Other tasks as assigned by the Town Board of Trustees.

(Ord. 382, passed 7-8-2021)

Statutory reference: Authority to create Planning Commission with not less than five members, see 11 O.S. § 11-45-101, 11 O.S. § 11-45-102

Duties and powers of the Planning Commission, see 11 O.S. § 11-45-103

§ 154.036 BOARD OF ADJUSTMENTS.

(A) Creation and membership.

(1) The Board of Adjustment of the town is hereby created consisting of five appointive members, each of whom shall be a town resident and shall represent the interests of the town as a whole.

(2) Members of the Board shall serve terms of three years.

(3) All vacancies shall be filled by appointment of the Town Board of Trustees. A member’s seat on the Board shall be vacant when the member ceases to reside in the town.

(B) Organization and meetings.

(1) The Board shall meet at least once a month, provided there is business to be brought before the Board.

(2) The concurring vote of at least three members of the Board 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.

(1) Except as otherwise provided by this code, ordinance, rule, policy or regulation of the Town Board of Trustees, the Board of Adjustment shall be governed by 11 O.S. § 11-44-104.

(2) The Board shall have the power to:

(a) Hear and decide appeals;

(b) Hear and decide special requests to the chapter;

(c) Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district;

(d) Hear and decide requests for relief from the nonconforming provisions established in §§ 154.240 through 154.244;

(e) Variances to the landscape, buffering and screening requirements; and

(f) Hear and decide variances to any provision of this code not otherwise assigned to another review body.

(D) Applicants to the Board.

(1) (a) Any aggrieved person, officer or unit of government may make application to the Board requesting relief for the purposes stated in division (C) of this section.

(b) The application must be submitted to the Board, along with all required documents and fees, at least 30 days prior to the next scheduled Board meeting in order to be considered at that meeting.

(2) Applications for an appeal shall be made as follows.

(a) The appeal shall be taken within 30 days from the date of the decision of the administrative official; and

(b) The application shall be filed in writing with the official and the Town Clerk. The application shall specify the grounds for the appeal.

(3) Applications for a variance shall be made as follows:

(a) The application shall be filed in writing with the Town Clerk. The application shall indicate how the subject property meets the requirements of division (G) of this section.

(b) The applicant shall submit with each application a list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property.

(c) Where the applicant requests a minor variance, he or she shall submit a list of names and addresses of only those owners of property adjacent to the subject property.

(d) The lists shall be current and certified by a bonded abstractor or the County Assessor of Kingfisher County.

(4) The applicant shall deposit with the Town Clerk a fee as may be established by resolution of the Town Board of Trustees. Upon receipt of a properly filed application, it shall be placed on the Board agenda for hearing within 60 days, and an administrative official shall transmit to the Board all papers constituting the record upon which the application is made.

(E) Stay of proceedings on appeal.

(1) An appeal to the Board from a decision of an administrative official stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.

(2) In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board or by a court of competent jurisdiction upon application, upon notice to the officer from whom the appeal is taken, and upon due cause being shown.

(F) Time and notice of hearings.

(1) Not less than ten days before the meeting of the Board, notice of public hearing of the Board shall be given as follows:

(a) By publication in a newspaper of general circulation in the town; and

(b) By mail in writing to all owners of property within a 300-foot radius of the exterior boundary of the subject property; provided, that on hearings involving minor variances, the notice shall be mailed to only those owners of property adjacent to the subject property.

(2) Required notices shall contain:

(a) Legal description of the property and the street address or approximate location in the town;

(b) Present zoning classification of the property and the nature of the application requested; and

(G) Rules of decision.

(1) In order to grant any variance from the terms hereof, the Board must find that all the following conditions are met:

(a) Special conditions and circumstances exist which are peculiar to the land, structure or building in the same zoning district;

(b) The special conditions and circumstances do not result from the actions of the applicant;

(c) Granting the variance requested will not convey on the applicant any special privilege that is denied by ordinance to other lands, buildings or structures in the same zoning district;

(d) Literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms hereof and would work unnecessary and undue hardship on the applicant;

(e) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(f) The grant of the variance will be in harmony with the general intent and purpose hereof; and

(g) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity herewith.

(2) Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation hereof.

(H) Hearing procedures.

(1) All deliberations of the Board shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public.

(2) At the time of the hearing, any person may appear in his or her own behalf or be represented by agent or attorney.

(a) All decisions of the Board shall be made after motion has been made and seconded.

(b) The motion which decides the issue shall be in the form of findings of fact and shall state the reasons for the findings by the Board.

(3) (a) In reaching a decision on any motion, the Board shall record the vote of each member or the absence or failure to vote.

(b) The minutes of all deliberations by the Board shall be acknowledged as to accuracy by the Chairperson and shall be a part of the public record of the Board. The minutes of the meeting at which a variance was granted shall show that each element of a variance was established at the public hearing on the questions.

(I) Appeals to the District Court.

(1) An appeal from any action, decision, ruling, judgment or order of the Board may be taken by any person or persons, jointly or severally, or any taxpayer or any officer, department, board or bureau of the municipality to the District Court by filing a notice of appeal with the Town Clerk and with the Board within 30 days from the date the decision of the Board is rendered, which notice shall specify the grounds of the appeal. Upon filing of the notice of appeal, as herein provided, the Board shall forthwith transmit to the Court Clerk the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling of the Board.

(2) An appeal to the District Court from the Board stays all proceedings in furtherance of the action appealed from unless the Chairperson of the Board from which the appeal is taken, certifies to the Court Clerk, after notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his or her opinion 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, upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the zoning code, upon notice to the Chairperson of the Board 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.

(Ord. 382, passed 7-8-2021)

Statutory reference:

Board of Adjustment; appointment, see 11 O.S. § 11-44-101

Board of Adjustment; meeting and rules, see 11 O.S. § 11-44-102 Similar provisions, see 11 O.S. §§ 11-44-104 et seq., 11 O.S. § 11-44-106cite, 11 O.S. §§ 11-44-107 et seq., 11 O.S. §§ 11-44-110 et seq.cite

§ 154.037 SUMMARY OF AUTHORITY.

The following table summarizes the required review and approval authority provided under this chapter:

Review and Decision-Making Bodies
Procedure	Zoning Administrator	Planning and Zoning Commission	Town Board of Trustees	BOA
Amendments: plan	R	R-H	D-H
Amendments: text	R	R-H	D-H
Amendments: rezoning	R	R-H	D-H
Planned unit developments	R	R-H	D-H
Site plan review	R-D	A		A-H
Variance	R			D-H
Annexation	R	R-H	D-H
Vacation of public right-of-way or easement	R	R	D-H
Vacation of plat	R	R	D-H
Special use permit	R	D	A	A-H
Subdivision	R-D	R-D	A	A-H
R= Review (responsible for review and/or recommendation)
H= Hearing (public hearing required)
D= Decision (responsible for final decision)
A= Appeal (authority to hear/decide appeals)

(Ord. 382, passed 7-8-2021)

§ 154.038 ZONING AMENDMENTS.

(A) Procedures. All applications for a change to the zoning text or official zoning map shall be made on forms provided by the Zoning Administrator. The governing body or Planning Commission may initiate the amendment of the zoning text or official zoning map.

(B) Materials and reviews. The following materials and procedures shall be used to process an application for a change to the zoning map or text.

(1) The applicant shall provide title or other suitable proof of ownership to the subject property.

(2) The applicant shall provide a correct legal description of the subject property either in the form of a survey or a lot and block reference.

(3) The applicant shall provide a sketch of the subject property drawn to scale that details the lot lines existing features or building, drives, adjacent buildings and the current use of existing buildings.

(4) The applicant shall submit supporting material as requested by the Zoning Administrator depending on the magnitude of the change and the possibility of detrimental effects on surrounding properties. Supporting materials may include but are not limited to:

(a) Topography at an appropriate scale;

(b) A certificate of survey;

(d) Surface water discharge analysis;

(e) Facilities and utilities suitability analysis;

(f) An analysis of existing wells, tanks and other substructures; and

(g) Traffic and parking analysis.

(5) The applicant shall provide a list of the names and addresses of owners of all property situated within 300 feet of the property lines of the subject site. This list shall be current as of the date of submission. Persons appearing on said list will be sent notice of the public hearing in compliance with statutory requirements.

(6) With the application, the applicant shall provide a written statement detailing the nature and reasons for the requested zoning change.

(7) All materials to be submitted by applicant shall be given to the Zoning Administrator at least 30 days in advance of a public hearing.

(8) A rezoning fee, established within the fee schedule for the unified development code, shall be submitted with the rezoning application.

(1) All recommendations for an amendment to the zoning text or official zoning map shall first be submitted to the Planning Commission for recommendation.

(2) Notice of a hearing for a zoning map amendment shall be published once, at least 15 days in advance of the hearing in the official town newspaper.

(3) The applicant shall mail a copy of said publication notice by U.S. mail, certified, return receipt requested and prepaid, to each owner of record of land within a distance of 300 feet of the perimeter of such proposed change, at least 15 days prior to said hearing; sufficient copies of said notice for such purpose to be provided by the Town Clerk.

(4) When the Planning Commission has acted upon an application for rezoning, an ordinance shall be prepared and introduced before the Town Board of Trustees at a public hearing on the same date as set forth in the notice to property owners provided in the preceding section. The Town Board of Trustees may continue that hearing from time to time, prior to final action thereon.

(5) No rezoning application which has been heard and decided by the Town Board of Trustees shall be resubmitted for a period of six months from the hearing, except on the ground of new evidence or proof of changed conditions.

(Ord. 382, passed 7-8-2021)

§ 154.039 PLANNED UNIT DEVELOPMENT (PUD).

(A) Purpose. A planned unit development (PUD) is established as an overlay zoning district and is intended as an alternative to conventional development. Approval of a PUD requires the submission to the Planning Commission and the Town Board of Trustees of a proposed outline development plan and accompanying development standards applicable to a particular tract, for discretionary review. The PUD provisions are established for one or more of the following purposes:

(1) To permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties;

(2) To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this chapter;

(3) To encourage the provision and preservation of meaningful open space;

(4) To encourage integrated and unified design and function of the various uses comprising the planned unit development; and/or

(5) To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infrastructure and land use compatibility.

(B) Planned unit development submission requirements; five-step application and review procedure. The developer and/or builder of a PUD shall follow a five-step application and review procedure:

(1) Mandatory pre-application conference;

(2) Application for rezoning, submission of PUD master plan, including the design statement and master development plan map;

(3) Preliminary plat, where required by the subdivision regulations;

(4) Final plat, where required by the subdivision regulations; and

(5) Application for building permit and site plan reviewed by the Zoning Administrator.

(1) Public hearings shall be held on the application for rezoning and the PUD master plan in accordance with regular procedures for zoning applications.

(2) Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.

(D) Planned unit development review procedures.

(1) Step 1. Pre-application review. At least ten business days prior to submission of an application for rezoning to a planned unit development, the applicant shall submit to the Zoning Administrator a sketch plan drawn to approximate scale showing streets, lots, public areas and other significant features.

(a) The applicant should discuss with the Zoning Administrator the procedure for adopting a planned unit development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.

(b) The Zoning Administrator shall also advise the applicant, where appropriate, to discuss the proposed planned unit development with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction.

(2) Step 2. Application for rezoning and pud master plan.

(a) Procedures and requirements. The PUD application for rezoning shall be filed in accordance with regular procedures and on application forms from the town. The PUD master plan, which is submitted with the application for rezoning, shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this chapter.

(b) Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area.

(c) PUD design statement. The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:

1. Title of PUD;

2. List of the owners and/or developers;

3. Statement of the general location and relationship to adjoining land uses, both existing and proposed;

4. Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions and typical site layouts;

5. The existing PUD zoning districts in the development area and surrounding it;

6. Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified;

7. A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested variations to the subdivision regulations or other applicable development regulations;

8. A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

9. The following physical characteristics: elevation; slope analysis; soil characteristics; tree cover; and drainage information;

10. A topographic map with minimum five-foot contour intervals;

11. Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

12. Applicable hydrologic report, including erosion control plan pursuant to the state’s Department of Environmental Quality requirements;

13. A statement of utility lines and services to be installed, including which lines will be dedicated to the town and which will remain private;

14. The proposed densities, and the use types and sizes of structures; and

15. A description of the proposed sequence of development.

(d) Approval of the PUD master plan.

1. Upon final approval by the Town Board of Trustees of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map.

2. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to said ordinance and become a part of the official records of the town.

(e) Expiration of PUD master plan. If, after three years from the date of approval of a PUD master plan, no substantial development progress has been made within the PUD, then the PUD master plan shall expire. If a PUD master plan expires, a new PUD master plan must be submitted and approved according to the procedures of this chapter.

(f) Use and development of the property. The PUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said plan until it is otherwise amended by the Town Board of Trustees.

(g) The developer shall furnish a reproducible copy of the approved master development plan map for signature by the Chairperson of the Planning Commission, the Mayor, and acknowledgment by the Town Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the Town Clerk.

(3) Step 3. Preliminary plat.

(a) Upon approval of the PUD master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area.

(b) Where a recorded plat exists and where there will be no extensive easements, no property owners’ associations, no plat restrictions and no sale of lots which do not conform to the platted lot lines, the Planning Commission may waive the platting requirement.

(4) Step 4. Final plat.

(a) Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval and filing of record according to procedures established by the Planning Commission and Town Board of Trustees.

(b) In addition to these procedures, the final plat shall include:

1. Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the Town Board of Trustees; and

2. A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

(5) Step 5. Site plan. A site plan shall be submitted upon the application for a building permit and reviewed in accordance with procedures established in § 154.041 of this chapter.

(E) Modifications.

(1) Minor amendments and adjustments. The Zoning Administrator shall be permitted to approve minor amendments and adjustments to the PUD master plan provided the following conditions are satisfied.

(a) The project boundaries are not altered.

(b) Uses other than those specifically approved in the PUD master plan are not added. Uses maybe deleted but not to the extent that the character of the project is substantially altered.

(c) The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

(d) The density of housing is not increased more than 10% or decreased by more than 30%.

(e) The land area allocated to nonresidential uses is not increased or decreased by more than 10%.

(f) Floor area, if prescribed, is not increased or decreased by more than 20%.

(g) Floor area ratios, if prescribed, are not increased.

(h) Open space ratios, if prescribed, are not decreased.

(i) Height restrictions, setback requirements, coverage restrictions and other areas, height and bulk requirements prescribed in the PUD master plan are not substantially altered.

(j) The circulation system is not substantially altered in design, configuration or location.

(k) The design and location of access points to the project are not substantially altered either in design or capacity.

(2) Zoning Administrator approval. The Zoning Administrator shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the Zoning Administrator finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

(3) Reversion; property owner request.

(a) If the property owner decides to abandon the PUD concept and nullify the PUD master plan, he or she shall make application for rezoning either to the original status or to a new classification.

(b) Said application shall be heard according to regular procedures by the Planning Commission and Town Board of Trustees.

(Ord. 382, passed 7-8-2021)

Cross-reference:

Planned Unit Developments, see Chapter 153

§ 154.040 SPECIAL USE PERMIT (SUP).

(A) Purpose. Special uses are those uses which generally are incompatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. A special use permit shall be required prior to the establishment of any special use identified in § 154.076 or elsewhere in this code.

(B) Review and approval. The Planning Commission shall review each case on its own merit, apply the criteria established herein, and recommend either approval or denial of the special use permit to the Town Board of Trustees. Following the Planning Commission’s recommendation, the Town Board of Trustees shall review each case on its own merit, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit.

(1) Application. Application and public hearing procedures for a special permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in § 154.041 of this chapter.

(2) Special use permit criteria. The Town Board of Trustees shall use the following criteria to evaluate a special use permit:

(a) Whether the proposed use shall be in harmony with the policies of the comprehensive plan;

(b) Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;

(d) Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood; and

(e) Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the town.

(3) Specific conditions. The Town Board of Trustees may impose specific conditions regarding location, design, operation and screening to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.

(D) Status of special use permits. Once a special use permit has been granted for a lot, said special use permit may not be expanded to another lot without application for a new special use permit.

(E) Expiration of special use permits. All special use permits shall expire by default.

(1) Non-establishment.

(a) If the use is not established within 12 months and no extension is approved.

(b) When a building permit has not been issued for construction within 12 months of Town Board of Trustees approval the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval.

(2) Discontinuance. If the use once established has been discontinued for a period of 12 months or abandoned.

(3) Lack of substantial compliance. Whenever the Zoning Administrator finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the Town Board of Trustees for its review.

(4) Amendment. When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.

(Ord. 382, passed 7-8-2021)

§ 154.041 SITE PLAN REVIEW.

(A) Scope.

(1) Except as otherwise provided, no building permit shall be issued for the construction, erection or alteration of any building or structure without first submitting a site plan and obtaining approval of the same from the Zoning Administrator as set forth in this chapter.

(2) The following are exempt from the requirements of this chapter:

(a) The construction, erection or alteration of single-family or two-family structures; and

(b) A building, or addition to an existing building, with a gross floor area less than 10% of the combined gross floor areas of all existing buildings on the lot where the proposed building or addition is to be located.

(3) This exemption shall not apply where the granting of an exemption for the proposed building or addition would cause the sum of all exemptions to exceed 10% of the lot area.

(B) Submission requirements. Three copies of the site plan and one digital copy shall be submitted to the Zoning Administrator at least 30 working days in advance of a scheduled Planning Commission or Board of Adjustment hearing and shall contain the following:

(1) The boundary lines of the area included in site plan, including angles, dimensions and reference to a section corner, quarter corner for point on a recorded plat, a north arrow and the lot area of the land included in the site plan;

(2) A location map indicating the subject lot and one block in all directions;

(3) Physical indication of boundaries, such as monuments, markers and fences and all encroachments or deviations from description of subject property or conflict with descriptions of adjacent properties;

(4) Easements, rights-of-way, setback lines or special uses required by deed restrictions, public regulations or existing by right of agreement and location and dimensions of each of the foregoing;

(5) Name, width and type of streets, drives, roads, alleys, curbs, bridges, culverts, walks or steps, both on the site or adjacent thereto, any streets, drives, roads or alleys which are to be dedicated for public use and maintenance shall also be indicated as public;

(6) Sewers, storm and sanitary, and manholes or inlets, including those on or adjacent to the property and type, size, location, elevations and direction of flow of each;

(7) Location and size of gas and water mains, also all fire hydrants within 300 feet shall be located;

(8) Existing buildings or structures on property, with height, size, location and description of use for each;

(9) Existing and proposed elevations over the entire property by accurately platted contour lines at a one-foot vertical interval and the elevations of a reasonable portion of adjacent property;

(10) The proposed method of providing for stormwater drainage;

(11) Elevations of existing streets, roads, drives, walks, curbs and catch basins;

(12) The location and dimensions, including height, of all proposed structures, showing distances from outside lines of buildings and structures to property lines and showing finished ground and basement floor elevations;

(13) The location, dimensions and type of surfacing for proposed driveways, parking spaces, loading spaces and on-site sidewalks (all parking areas shall indicate the type of paving through the use of a typical section);

(14) Locate each dumpster pad (the pad shall be constructed of concrete and dimensioned ten feet by ten feet by six inches. Pads shall be readily accessible to rear loading sanitation trucks);

(15) The location, height and type of each wall, fence and all other types of screening;

(16) Demonstration that hazards or damage to other property will not be created by any channeling, cutting, filling, bulk-heading or other treatment of water flow from or past the site;

(17) The site plan shall indicate if the development is to proceed in phases or not;

(18) A description of all processes and activities involved in the proposed use;

(19) A legal description of the land included in the site plan; and

(20) The name, address and telephone number of the owner, developer and designer.

(1) No site plan shall be approved unless it is in proper form, contains all of the required information and is in conformance with these regulations and with all other ordinances of the town.

(2) The Zoning Administrator may approve the site plan when the above requirements have been met and when all the following specific requirements have been met:

(a) The proposed use and construction conform to §§ 154.310 through 154.312 of this chapter;

(b) The lot has been platted or subdivided in accordance with §§ 154.290 through 154.299 of this chapter;

(c) All of the public improvements enumerated in §§ 154.325 through 154.332 of this code of chapter either have been installed or are included in the development plan;

(d) The proposed driveways, parking spaces, loading spaces and sidewalks are designed to provide an efficient and safe movement of traffic;

(e) Screening is provided as required by ordinance; and

(f) The proposed method of providing for stormwater drainage, both surface and subsurface, is in conformance with the requirements contained in §§ 154.325 through 154.332 pertaining to design standards for storm drainage facilities.

(3) If the submitted site plan does not comply with an approved development plan, any condition imposed on that development plan or applicable regulations of the chapter, the Zoning Administrator must disapprove the site plan and advise the applicant in writing of the specific reasons for disapproval.

(4) (a) If the Zoning Administrator does not approve the site plan, the applicant may either:

1. Resubmit the site plan to correct the plan’s inconsistencies and deficiencies; or

2. Within 60 days of the date of notice of disapproval, appeal the decision of the Zoning Administrator by filing a notice of appeal with the Planning Commission.

(b) If such an appeal is filed, the site plan must be reviewed by the Planning Commission following the hearing and notice requirements that apply to minor amendments of approved development plans. The Planning Commission’s decision may be appealed following the procedures of §§ 154.035 through 154.042 of this chapter.

(5) Site plan approval, in and of itself, does not constitute effective dedication of rights-of-way or any other public improvements, nor will the site plan be the equivalent of or an acceptable alternative to the final platting of land prior to the issuance of building permit.

(Ord. 382, passed 7-8-2021)

§ 154.042 VARIANCES.

(A) Purpose and scope.

(1) The variance process is intended to provide limited relief from the requirements of this chapter in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter.

(2) It is not intended that variances be granted to:

(a) Allow a use in a zone district where it is not permitted by this chapter; or

(b) Merely remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general.

(3) Rather, it is intended to provide limited relief where the requirements of this chapter render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or federal laws or requirements may not be varied by the town.

(B) Conditions. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter.

(C) Procedure. The applicant for variance shall complete and file the appropriate application form(s) with the Zoning Administrator. The Zoning Administrator shall determine if the application is complete. Complete applications shall be scheduled for review at the next regularly scheduled meeting of the Board of Adjustment. Notice shall be provided as required by these regulations.

(D) Appeals. Any person aggrieved by any decision of the Board of Adjustment may file for an appeal in the Kingfisher County District Court.