In order to direct the future development of the city and to encourage social and economic improvements in accordance with modern city planning principles, and to ensure the orderly, efficient and economic arrangement and development of future public works projects, there is hereby created a planning commission for the city.

(Code 1993, § 62-26; Ord. No. 1871, § 1(21.6), 8-27-1991)

State Law reference— Authority to create planning commission, 11 O.S. § 45-101.

(a)

The planning commission shall consist of 11 members who shall be nominated by the mayor and confirmed by the city council for a term of three years. Provided in 2008, three members nominated and confirmed shall serve for a period of three years; in 2009, four members nominated and confirmed shall serve for a period of three years; in 2010, four members nominated and confirmed shall serve for a period of three years; and upon the expiration of their terms, respectively, successor members shall be nominated by the mayor and confirmed by the city council for terms of three years each. Appointments to fill vacancies shall be made by the mayor and confirmed by the council for the unexpired term only.

(b)

In addition to the appointed members, the mayor and city engineer shall be ex-officio members of the planning commission.

(c)

During the term of membership, any member who is absent for more than 50 percent of the meetings within a one-year period or three consecutive meetings, without good cause determined by the planning commission, shall automatically cease to be a member and a replacement shall be appointed by the mayor upon confirmation by the city council.

(Code 1993, § 62-27; Ord. No. 1871, § 1(21.7), 8-27-1991; Ord. No. 2285, 4-8-2008)

State Law reference— Planning commission membership, 11 O.S. § 45-102.

The appointed members of the planning commission shall be residents of the city who are qualified by knowledge or experience to act upon matters pertaining to the physical, social and economic development of the city.

(Code 1993, § 62-28; Ord. No. 1871, § 1(21.8), 8-27-1991)

State Law reference— Residency requirement, 11 O.S. § 45-102.

Any appointed member of the planning commission may be removed by the mayor and city council at any time for due cause shown. All members shall serve without compensation.

(Code 1993, § 62-29; Ord. No. 1871, § 1(21.9), 8-27-1991)

State Law reference— Compensation of planning commission, 11 O.S. § 45-102.

The planning commission shall elect from among its appointed members its own chairperson, vice-chairperson, secretary and treasurer, and may from time to time adopt such rules and regulations, not inconsistent with the laws of the state or with the Charter or ordinances of the city, for its own organization and procedure as it may deem proper.

(Code 1993, § 62-30; Ord. No. 1871, § 1(21.10), 8-27-1991)

(a)

The duties of the planning commission shall be to prepare a comprehensive plan showing its ideas and recommendations for the physical development of the city; to provide programs, drawings, maps or plans covering the whole or any portion of the city and of any lands outside of the city, which, in the opinion of the commission, bears relation to the development or welfare of the city. Such plan shall show the commission's ideas and recommendation relative to:

(1)

The location, width and arrangement of streets, alleys, bridges, grade separations, parking, parkways, playgrounds, schools, public institutions or other public grounds or improvements.

(2)

The grouping of public buildings.

(3)

The design and planning of any memorials or works of art.

(4)

Transportation facilities, such as railroads railway or motor.

(5)

Street appurtenances, including lighting standards, street name signs, poles and wires, projecting signs, and the like; zoning plan and ordinance for the classification and regulation of land uses and open spaces about buildings; and other matters pertaining to the physical, social and economic improvement of the city, or any portion thereof.

(b)

The commission shall submit such plan to the mayor and city council.

(Code 1993, § 62-31; Ord. No. 1871, § 1(21.11), 8-27-1991)

State Law reference— General powers of planning commission, 11 O.S. § 45-103.

All plans and plats for the subdivision of land into streets or building lots, and all proposals for the closing of streets and alleys within the limits of the city or any additions thereto, shall be submitted to the planning commission for its recommendations before final acceptance or approval by the city. Such recommendations by the commission shall be made within 30 days of such submission and failure to do so shall constitute a waiver of its privilege to pass upon such plan, plat or closing.

(Code 1993, § 62-32; Ord. No. 1871, § 1(21.12), 8-27-1991)

State Law reference— Recommendations as to subdivisions, 11 O.S. § 45-104.

It shall be the duty of the planning commission to prepare and submit an annual public works program to the mayor and city council, on or before June 30 of each year. It shall be the duty of each city department or agency to furnish the commission, upon request, any data, plans, estimates or programs and to collaborate with the commission in the preparation of such public works program.

(Code 1993, § 62-33; Ord. No. 1871, § 1(21.13), 8-27-1991)

It shall be the duty of the planning commission to prepare and recommend such municipal legislation as may be necessary to carry out the recommendations or suggestions of the commission.

(Code 1993, § 62-34; Ord. No. 1871, § 1(21.14), 8-27-1991)

The planning commission may employ such planners, engineers, architects, clerks and other persons as may be necessary in the performance of its duties, subject to the approval of the city council. The salaries and compensation of such persons shall be fixed by the city council and appropriations be made therefor, if deemed necessary by the city council.

(Code 1993, § 62-35; Ord. No. 1871, § 1(21.15), 8-27-1991)

State Law reference— Similar provisions, 11 O.S. § 45-103.

The planning commission shall make an annual report to the mayor and city council covering its investigations, transactions and recommendations, and such other reports relative thereto as it may deem proper or as requested by the mayor or city council.

(Code 1993, § 62-36; Ord. No. 1871, § 1(21.16), 8-27-1991)

There is hereby created within and for the city a board of adjustment, with the powers and duties as set forth in this division.

(Code 1993, § 62-141; Ord. No. 1843, § 1(art. VI, § 1), 2-14-1989)

State Law reference— Board of adjustment required, 11 O.S. § 44-101.

(a)

The board of adjustment shall be composed of five members, citizens of the city, each appointed by the mayor with the approval of the council for a term of three years; provided, however, that for the first appointment under the provisions of this division, one member shall be appointed for a term of one year; two members shall be appointed for a term of two years; and two members shall be appointed for a term of three years. Two alternate members shall be appointed for overlapping terms of two years. All appointments thereafter shall be for a term of three years.

(b)

Not less than two members shall be appointed from the membership of the planning commission.

(c)

The board shall elect a chairperson from its membership to serve a term of two years.

(Code 1993, § 62-142; Ord. No. 1843, § 1(art. VI, § 2), 2-14-1989)

State Law reference— Membership of board of adjustment, 11 O.S. § 43-101.

The board of adjustment shall adopt rules in accordance with the provisions of this division. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, of 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 four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(Code 1993, § 62-143; Ord. No. 1843, § 1(art. VI, § 3), 2-14-1989)

State Law reference— Meetings and rules, 11 O.S. § 44-102; required vote, 11 O.S. § 44-105(B).

The board of adjustment shall have the following powers:

(1)

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 interpretation or enforcement of this division.

(2)

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of this division would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, the board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardship; but may establish such requirements relative to such property as would carry out the purpose and intent of this division.

(Code 1993, § 62-144; Ord. No. 1843, § 1(art. VI, § 6), 2-14-1989)

State Law reference— Similar provisions, 11 O.S. § 44-104(1), (3); variances, 11 O.S. § 44-107.

(a)

Upon appeal, the board of adjustment is hereby 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 article where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which zoning map is attached to and made a part of this article.

(3)

To grant exceptions to the off-street parking requirement 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.

(4)

To grant exceptions to the setback and area requirements herein established, where the slope of the land on 20 percent or more of the lot to be built on exceeds ten percent, and where such slope interferes with the reasonable development of the property for the uses permitted in the district in which the lot is located; provided, however, that whenever exceptions are granted to setback or to area requirements, new setback and area requirements for the lot covered by the exception shall be specifically set forth in a manner that will carry out the purpose and intent of these regulations.

(5)

The board of adjustment, as established by the zoning codes of the city, is hereby authorized, upon appeal, to hear and approve variances to requirements on sign setbacks, area, height and size requirements where a strict application of these requirements would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner/occupant of such property, provided and assuming that all other applicable provisions of the sign ordinance have been complied with. The board is also authorized 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 interpretation or enforcement of this article.

(6)

In exercising the powers mentioned in subsections (a)(1) through (5) of this section, the board of adjustment shall have the concurring vote of at least four of its members in order that it may, in conformance with the provisions of this division, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(7)

Notice of public hearing before the board of adjustment for an exception mentioned in subsections (a)(1) through (5) of this section 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 (300) foot radius of the exterior boundary of the subject property. A copy of the published notice may 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. The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain the legal description of the property and the street address or approximate location in the municipality; the present zoning classification of the property and the nature of the appeal, variance or exception requested; and the date, time and place of the hearing.

(b)

Upon appeal, the board of adjustment is hereby empowered to permit the following minor variances or exceptions:

(1)

To reduce the minimum required front setbacks by up to five feet (5').

(2)

To reduce the minimum required side and rear setbacks in any R District by up to twenty percent (20%).

(3)

To reduce the minimum lot width and lot frontage requirements by up to ten percent (10%).

(4)

To reduce the off-street parking space requirements of parking spaces by up to ten percent (10%).

(5)

In exercising the powers mentioned in subsections (b)(1) through (4) of this section, the board of adjustment shall have the concurring vote of at least four of its members in order that it may reverse or affirm, and may make such order, requirement, decision, or determination as ought to be made.

(6)

On hearings involving minor variances or exceptions mentioned in subsections (b)(1) through (4) of this section, notice of public hearing shall be given 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 legal description of the property and the street address or approximate location in the municipality; the present zoning classification of the property and the nature of the appeal, variance or exception requested; and the date, time and place of the hearing.

(c)

In considering all appeals from rulings made under this division, 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 in 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, variance or exception.

(Code 1993, § 62-145; Ord. No. 1843, § 1(art. V, § 6), 2-14-1989; Ord. No. 2799, § 1, 2-27-2024)

State Law reference— Powers relative to special exceptions, 11 O.S. §§ 44-104(2), 44-107.

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision based on Article II, Divisions 3, 4 and 5, and on all of Articles III, IV, V and VI. Such appeal shall be taken within 30 days from the date of the decision by filing with the officer from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee as provided in chapter 48 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 shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, 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 case shown.

(c)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.

(d)

Notice of the public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city, and by mailing written notice by the city clerk to all property owners within a 300-foot radius of the exterior boundary of the subject property. The notice shall contain:

(1)

Legal description of the property and the street address or approximate location in the city or town.

(2)

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

(3)

Date, time and place of hearing.

(e)

A copy of the published notice and written notice shall be published and mailed at least 14 days prior to the hearing.

(Code 1993, § 62-146; Ord. No. 1843, § 1(art. VI, §§ 4, 5), 2-14-1989; Ord. No. 2814, § 1, 7-23-2024)

State Law reference— Appeals, 11 O.S. § 44-109.

(a)

An appeal from any action, decision, ruling, judgement or order of the board of adjustment, may be taken by any person or persons, jointly or severally, 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 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 forthwith transmit to the court clerk of the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling 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 chairperson of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed 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 this article, and upon notice to the chairperson of the board of adjustment for 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.

(Code 1993, § 62-147; Ord. No. 1843, § 1(art. VI, § 7), 2-14-1989)

State Law reference— Appeals to district court, 11 O.S. § 44-110.

(a)

Purpose. The zoning clearance permit is a permit issued by the zoning administrator which states that a particular development meets all of the requirements of the zoning ordinance. It is not a building permit and does not authorize construction; it simply clears the land and structure in terms of zoning, and authorizes the building official to issue the building permit. This permit also provides a good check for the applicant, in that any irregularities can be eliminated before the detailed plans are prepared.

(b)

Existing buildings. Any building, structure or use lawfully existing at the time of enactment of this article may be continued, even though such building, structure or use does not conform with the provisions of this article. However, no nonresidential building or other structure shall be erected, constructed, enlarged, altered, or repaired, in such a manner as to prolong the life of the building; nor shall the use of any land or building or other structure be changed without a zoning clearance permit issued authorizing such construction, alteration, repair or use changes as being in compliance with the provisions of this article.

(c)

Application. An application for a zoning clearance permit shall be made to the zoning administrator by the owner or proposed occupant of the building or land to be occupied or used, and said application shall state the location and legal description of said property and set out in detail the character and nature of the use to be conducted thereon. Within three days, the zoning administrator shall grant or deny said zoning clearance permit in accordance with the terms of this article.

(d)

Accompanying material. All applications for zoning clearance permits for new construction shall be accompanied by a plot plan, drawn to scale on suitable paper, showing the actual dimensions of the lot to be built upon, and the size and location of the building to be erected and such other information as may be necessary to satisfy the requirements of these regulations.

(e)

Required form. The form to be used pursuant to this section is on file in the office of the city clerk.

(Code 1993, § 62-126; Ord. No. 1843, § 1(art. VII, § 1), 2-14-1989)

This division shall be enforced by a building official, acting at the direction of the chief administrative officer. It shall be a violation of this division for any person to change or permit the change in the use of the land or buildings or structures, or to erect, alter, move, or improve any building or structure until a building permit has been obtained under the following conditions:

(1)

Building permits. Every application for a building permit shall be accompanied by:

a.

A plat drawn to scale, showing the plot, showing:

1.

The exact size, shape and dimensions of the lot to be built upon;

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 the structure or building proposed to be built, repaired, altered, erected or moved;

3.

The size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities, if such be for a business, commercial or industrial building.

b.

A declaration of the existing use or intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

c.

A survey prepared by an engineer or surveyor, registered in the state, indicating the boundaries of the lot on which the improvement is proposed to be located, with permanent survey pins or monuments on all corners. All existing easements must be shown, as well as ground elevations, finished floor elevations and certifications concerning base flood elevations.

d.

Any additional information relating to the proposed improvement needed to determine compliance with these regulations.

e.

The building official shall be a person, who, in the judgment and opinion of the city manager, is competent by reason of building experience, to properly cause inspections to be made and to determine whether permits should be granted. The building official shall serve by appointment of the city manager and his term shall begin upon the passage of this division and one year thereafter, and shall continue to serve unless removed by the city manager, who may remove without cause. All applications for building shall be filed with the building official.

(2)

Fee schedule. Whenever any structure or building is to be improved, erected, moved, or structurally altered, a building permit shall be obtained from the building official. The fees for the permit required by this Code shall be as provided in chapter 48.

(3)

Certificate of occupancy. No change shall be made in the use of any land or building or structure after the passage of this article until a certificate of occupancy is obtained from the building official certifying that all of the provisions of this article are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the building permit.

(Code 1993, § 62-127; Ord. No. 1843, § 1(art. VII, § 2), 2-14-1989)

The uses listed under the various districts herein as uses permitted after review are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly such uses permitted after review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

(1)

An application is to be filed with the city planning commission for review. The application shall show the location and intended use of the site, the names of all the property owners and existing land uses within a 300-foot radius of the exterior boundary of the subject property and any other material pertinent to the request which the planning commission may require.

(2)

The planning commission shall hold one or more public hearings thereon.

(3)

The planning commission shall, within 45 days of the date of application, transmit to the city council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning use thereon. Thereupon the city council may authorize or deny the issuance of a building permit for the use of land or buildings as requested.

(Code 1993, § 62-128; Ord. No. 1843, § 1(art. VII, § 3), 2-14-1989)

(a)

The city council may, by ordinance, amend, change or repeal this article or any part thereof; provided, however, that before the city council shall amend, change or repeal this article or any part thereof, it shall request the planning commission to submit its recommendations on such proposed amendment, change or repeal. The planning commission recommendations shall be made after not less than one public hearing, thereon which hearing may be adjourned from time to time. After considering the commission's recommendations, at a public hearing for which proper public notice shall be given, the city council may approve the recommendations in whole or in part, or return the recommendations to the planning commission for further consideration.

(b)

The planning commission may, upon its own initiative, hold at least one public hearing on a proposed amendment, change or repeal of this article or any part thereof; and any recommendations therefrom shall be transmitted to the council. The city council shall consider and act upon such recommendation in the same manner as herein set forth for recommendations requested by the city council.

(c)

Notice of public hearing as herein required shall include at least one publication notice in a newspaper of general circulation in the city, not less than 15 days, but not more than 30 days, prior to such hearing. If a proposed amendment is for the purpose of rezoning a lot, parcel or tract of land, public notice as herein required shall also include the posting of at least one sign on such lot, parcel or tract of land and such sign shall remain there for a period of 15 successive days prior to the public hearing, including the day immediately preceding the day for which such public hearing is scheduled, and shall include notice, sent by certified mail, to all property owners within a 300-foot radius of the exterior boundary of the subject property. The notice, as herein referred to, shall state the nature of the proposed amendment, change or repeal of this article, or any part thereof, and the date, time and place of the public hearing.

(d)

Petition for amendment to the zoning ordinance and zoning map shall henceforth be filed with the planning commission by the owner of the property concerned, or duly authorized representative thereof, on a standard form furnished by the commission. All petitions for amendment proposing a change in zoning district classification shall be accompanied by sketch plans of the area proposed to be rezoned, drawn to approximate scale and showing the boundaries and dimensions of the tract, the outline of existing and proposed buildings and structures, the size and location of off-street parking lots, the type of surfacing proposed for said lots, and the plan of structures and the drives proposed for ingress and egress. An area map showing land of all abutting property owners shall also be submitted unless such is shown on the tract sketch.

(e)

If a protest against an amendment, change or repeal of this article or any part thereof is presented, duly signed and acknowledged by 20 percent of the interested property owners as defined by section 62-129(1), such amendment shall not be passed except by the favorable vote of three-fourths of the city council.

(f)

Upon the filing of a petition of amendment to these regulations, the property owner or his duly authorized representative shall pay a filing fee which is hereby fixed and established according to the schedule as provided in chapter 48. All fees collected by the planning department shall be deposited with the city clerk and credited to the fund designated by the city.

(g)

If the planning commission fails to set up a petition for amendment for public hearing within 30 days after its proper filing with the planning commission at a regular scheduled meeting; or if after public hearing, the planning commission fails to recommend that this article be amended in accordance with such petition for amendment, such failure shall be deemed the final determination and decision of the planning commission. The final determination of the planning commission may be appealed to the city council provided a written request for a hearing before the city council is served on the chairperson of the planning commission within 15 days after the final determination of the planning commission.

(h)

The planning commission shall supervise the official zoning map and shall keep same up to date with all changes and amendments.

(Code 1993, § 62-129; Ord. No. 1843, § 1(art. VII, § 5), 2-14-1989)

State Law reference— Zoning ordinance amendments, 11 O.S. §§ 43-104—43-106.

Upon the filing of an application for a change in the zoning map of the city as filed with the city clerk, the applicant shall be required to secure from a bonded abstractor a plat of the area involved, the names and addresses of the owners of record, all within 300 feet of the proposed zone change. Upon receipt by the building official of the plat, notice shall be sent by certified mail, return receipt requested, to all property owners of record within 300 feet of the proposed zone change.

(Code 1993, § 62-130; Ord. No. 1843, § 1(art. VII, § 7), 2-14-1989)

State Law reference— Additional notice requirements, 11 O.S. § 43-106.