The city engineer shall administer, enforce and implement these regulations. He may be provided with the assistance of such other persons as the chief executive may direct. If the city engineer shall find that any of the provisions of these regulations are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by these regulations to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 1124, § 1(28-12.1.1), 6-18-79)

It shall be the duty of the building inspector or other designated officer to see that this chapter is enforced through the proper legal channels and to refuse to issue any permit for any building or structure or the use of any premises that would violate any of the provisions hereof. Appeal from the decision of the building inspector or other designated official may be made to the board of adjustment, as previously provided herein.

(Ord. No. 1124, § 1(28-14.3), 6-18-79)

A.

It shall be unlawful to commence the construction or the excavation for the construction of any building or structure, including accessory buildings, demolition, or to commence the moving or alteration of any building, including accessory buildings within the territorial jurisdiction of this chapter, until the building inspector has issued a the appropriate permit for such work. No such permit shall be issued for any building where such construction, moving, alteration, demolition, or use thereof would be known to be in violation of any provision of this chapter or of federal, state or local law, statute or regulation.

B.

If work is started prior to the issuance of any required permit, then the City shall issue a stop-work order and require compliance with this Section. A penalty fee shall be charged in addition to the regular permit fee. The penalty fee shall be two hundred dollars ($200.00) or three times (3×) the cost of the regular fee, whichever is greater. The payment of such penalty fee shall not relieve any person from fully complying with all the requirements of this code, nor shall such payment exempt the person from further penalty prescribed by ordinance.

C.

Furthermore, failure to comply with the terms of this ordinance is a public offense subject to prosecution in the municipal court and shall be punishable as a misdemeanor as provided in Code Section 1-5. The Building Inspector shall prepare a sworn complaint and the same shall be presented to the Miami Police Department and the City Prosecutor for further action. No fine or deferral fee shall be determined unless and until the defendant first makes his or her personal appearance in open court before the Municipal Judge at a regular docket of the Municipal Court.

(Ord. No. 1124, § 1(28-12.2.1), 6-18-79; Ord. No. 1641, § 1, 7-7-2015)

There shall be submitted with each application for a building permit two (2) copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of any existing buildings or structures, if any, and the size and location of the building or structure to be constructed, altered, or moved. The applicant shall also state the existing or intended use of each such building or part of building and supply such other information with regard to the lot and neighboring lots that may be necessary to determine compliance with and provide for the enforcement of this chapter. One (1) copy of the plans shall be returned to the applicant by the building inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the building inspector. The application for a building permit shall be made by the owner of the property concerned or a certified agent thereof.

(Ord. No. 1124, § 1(28-12.2.2), 6-18-79)

The application fee for a building permit shall be as prescribed in the building code for the city. No part of the building permit fee shall be refundable.

(Ord. No. 1124, § 1(28-12.2.3), 6-18-79)

No building permit shall be issued by the city engineer except in conformity with the provisions of these regulations, unless he receives a written order from the board of adjustment in the form of an administrative review, conditional use permit, variance or finding, as provided by these regulations. One (1) copy of the permit and attachments shall be returned to the applicant by the city engineer after he shall have marked such documents either as approved or disapproved and attested to same by his signature on such documents. The city engineer shall retain such copies as needed for his office.

(Ord. No. 1124, § 1(28-12.2.4), 6-18-79)

If the work described in a building permit has not begun within the prescribed time set forth in the building code, the permit shall expire and be cancelled by the building inspector, and written notice thereof shall be given to the persons affected.

(Ord. No. 1124, § 1(28-12.2.5), 6-18-79)

In addition to the required building permit and zoning clearance permit, a special zoning permit shall be required for certain uses listed in the tables of permitted uses, when reference is made to this section in the "special conditions" column opposite the named use, before a building permit may be obtained.

(Ord. No. 1124, § 1(28-12.4.1), 6-18-79)

Application for a special zoning permit shall be made by the property owner, or certified agent thereof, to the board of adjustment on a form prescribed for this purpose by the city. Special zoning permits, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. Granting of a special zoning permit does not exempt the applicant from complying with requirements of any other ordinances.

(Ord. No. 1124, § 1(28-12.4.2), 6-18-79)

The applicant for a special zoning permit shall submit maps and drawings necessary to demonstrate that conditions set forth herein are fulfilled.

(Ord. No. 1124, § 1(28-12.4.3), 6-18-79)

In considering an application for a special zoning permit, the board of adjustment shall give due regard to the nature and condition of all adjacent uses and structures. The board of adjustment may deny an application for a special zoning permit and, in granting a special zoning permit, the board of adjustment may impose such requirements and conditions with respect to location, construction, maintenance and operations, in addition to those expressly stipulated in this chapter for the particular use, as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. No. 1124, § 1(28-12.4.4), 6-18-79)

Upon filing of the application for a special zoning permit, the board of adjustment shall hold a public hearing on such application.

(Ord. No. 1124, § 1(28-12.4.5), 6-18-79)

The board of adjustment shall give notice of public hearings as required by statute (11 O.S. § 44-108) and this article. Cost of the notice shall be paid by applicant. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

(Ord. No. 1124, § 1(28-12.4.6), 6-18-79)

If the board of adjustment finds:

(1)

That the proposed structure or use conforms to the requirements and intent of this article,

(2)

That any additional conditions stipulated by the board of adjustment as deemed necessary in the public interest have been met, and

(3)

That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community,

the board of adjustment shall issue a special zoning permit therefor.

(Ord. No. 1124, § 1(28-12.4.7), 6-18-79)

Editor's note— Ord. No. 1661, § 1(B.), adopted Oct. 18, 2016, repealed § 26-40, which pertained to special zoning permit—Fee and derived from Ord. No. 1124, § 1(28-12.4.8), adopted June 18, 1979.

(a)

Generally. No land within the jurisdiction of this chapter shall be occupied or used or nonstructural improvements placed thereon, and no building shall be erected, altered or extended, and no use of land or building shall be changed until a zoning clearance permit shall have been issued by the building inspector, stating that the building or proposed use complies with the provisions of this chapter.

(b)

Fee. The application fee for a zoning clearance permit shall be $5.00.

(Ord. No. 1124, § 1(28-12.5), 6-18-79)

In any PUD whose plan includes dwelling units, no structure designed or intended to be used, in whole or in part, for business purposes shall be constructed prior to the issuance of occupancy permits for at least one-third (⅓) of the dwelling units proposed in the final development plan.

(Ord. No. 1124, § 1(28-12.6), 6-18-79)

This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity, convenience, and general welfare require such amendment.

(Ord. No. 1124, § 1(28-14.1.1), 6-18-79)

The provisions of article VII, division 2, part B govern approval of a planned unit development and establishment of a planned unit development district (PUD and PUD district).

(Ord. No. 1124, § 1(28-14.2), 6-18-79)

(a)

Who may initiate action. Amendment may be initiated by the city commission, the city planning commission, or by application of one (1) or more owners of property affected by the proposed amendment.

(b)

Application fee. Each application by a property owner shall be accompanied by a fee of $40.00, no part of which shall be returnable to the applicant.

(c)

Accompanying data. An application for an amendment shall be accompanied by drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the comprehensive plan and that the public necessity, convenience, and general welfare require the adoption of the proposed amendment. An accurate legal description and map of the land and existing buildings shall be submitted with the application.

(Ord. No. 1124, § 1(28-14.1.2), 6-18-79)

(a)

Required. Upon filing of the application for an amendment under this division, the planning commission shall hold a public hearing on such application, as provided for herein.

(b)

Notice. The planning commission shall give fifteen (15) days notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. In addition, twenty (20) days' notice of public hearing shall be given by mailing written notice to all owners of property within a three-hundred-foot radius of the exterior boundary of the property. The notice shall contain:

(1)

Date, time, and place of public hearing.

(2)

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

(3)

Present zoning district classification of the property and the proposed zoning district classification, provided that:

a.

Notice of a proposed RM1 rezoning shall confer jurisdiction on the planning commission and city commission to consider and act upon RM2, RS5, RS6, RS8, or combination thereof in the disposition of the application, and, in like manner, notice of any R district, including RT, shall confer jurisdiction to consider any less dense R district, except RT.

b.

Notice of a proposed C5 rezoning shall confer jurisdiction on the planning commission and city commission to consider and act upon C4, C3, C1, or combination thereof in the disposition of the application.

c.

Notice of a proposed M3 rezoning shall confer jurisdiction on the planning commission and city commission to consider and act upon M2, M1 or combinations thereof in the disposition of the application.

d.

Specific notice of a proposed PUD or RT district shall be required to confer jurisdiction on the planning commission and city commission to consider such PUD or RT district.

(Ord. No. 1124, § 1(28-14.1.3), 6-18-79; Ord. No. 1198, § 4, 9-20-82)

State Law reference— Notice of public hearing, 11 O.S. §§ 43-105, 43-106.

Costs of notices of public hearings where the proposed amendment is initiated by the planning commission or the city commission shall be paid by the city. Costs of notices of public hearings for all applications by others shall be paid by the applicant. The applicant shall be responsible for preparing or obtaining an accurate list of owners of property and for mailing timely notices to them, as required under section 26-65. Written notice may consist of a copy of the published notice.

(Ord. No. 1124, § 1(28-14.1.4), 6-18-79)

At the conclusion of the public hearing the planning commission shall, by a majority vote of the entire planning commission, certify its recommendations to the city commission on applications where the recommendation is favorable. Such recommendations shall be by resolution and shall be accompanied by a report of findings and a summary of the hearing.

(Ord. No. 1124, § 1(28-14.1.5), 6-18-79)

(a)

After receipt of a zoning amendment recommendation from the planning commission, the city commission shall hold a public hearing on the application, notice of which shall have been given as provided in section 26-64.

(b)

After public hearing, the city commission shall approve, approve with modification, or deny the application.

(Ord. No. 1124, § 1(28-14.1.6a), 6-18-79)

If the city commission proposes to adopt an amendment to the zoning ordinance in a form altered from such amendment as recommended by the planning commission or an amendment where denial has been recommended by the planning commission, the city commission shall refer such matter back to the planning commission for report and recommendation before adoption. If the planning commission has not held a public hearing on such proposed amendment, it shall do so under the procedure set forth in section 26-64. The failure of the planning commission to report within thirty (30) days after reference shall be deemed to be approval of the proposed amendment.

(Ord. No. 1124, § 1(28-14.1.6b), 6-18-79)

Protests against proposed changes shall be filed at least three (3) days before the date of the public hearing before the city commission. If protests are filed by:

(1)

The owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or

(2)

The owners of fifty percent (50%) or more of the area of the lots within a three-hundred-foot radius of the exterior boundary of the territory included in a proposed change;

then the proposed change or amendment shall not become effective except by the favorable vote of three (3) of the members of the city commission.

(Ord. No. 1124, § 1(28-14.1.6c), 6-18-79)

State Law reference— Protests, 11 O.S. § 43-106.

In case an application for amendment to the zoning map is denied, such application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning commission, to be eligible for consideration within less than one (1) year of the denial of the original application.

(Ord. No. 1124, § 1(28-14.1.7), 6-18-79)

There is hereby created the Board of Adjustment which shall consist of five (5) members, each to be removable for cause by the City Council, upon written charges and after public hearing. No member of the Zoning and Planning Commission nor the City Council may also serve at the same time on the board. The members shall be nominated by the mayor and confirmed by the City Council. When the commission is first appointed, the terms of one-third (⅓) of the members shall be for three (3) years, one-third (⅓) for two (2) years, and one-third (⅓) for one (1) year. Thereafter, appointments shall be for terms of three (3) years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The members of the board shall serve without pay. Three members shall constitute a quorum.

(Ord. No. 1124, § 1(28-12.3.1), 6-18-79; Ord. No. 1642, § 1(B.), 7-7-2015; Ord. No. 2019-07, § 1(C.), 6-18-2019)

The Board of Adjustment is to exercise such procedures, powers, duties and responsibilities as set out in 11 O.S. §§ 44-102 through 44-110, which are adopted herein and made a part hereof, as same may be amended from time to time, and any other applicable statute(s) set out in state law for such boards.

(Ord. No. 2019-07, § 1(D.), 6-18-2019)

Editor's note— Ord. No. 1642, § 1(D.), adopted July 7, 2015, repealed § 26-88, which pertained to organization and derived from Ord. No. 1124, § 1(28-12.3.3), adopted June 18, 1979.

Editor's note— Ord. No. 2019-07, § 1(E.), adopted June 18, 2019, repealed § 26-89, which pertained to powers and duties and derived from Ord. No. 1124, § 1(28-12.3.4), adopted June 18, 1979; Ord. No. 1642, § 1(E.), adopted July 7, 2015.

Editor's note— Ord. No. 2019-07, § 1(E.), adopted June 18, 2019, repealed § 26-90, which pertained to procedure and derived from Ord. No. 1124, § 1(28-12.3.5), adopted June 18, 1979; Ord. No. 1642, § 1(F.), adopted July 7, 2015; Ord. No. 1661, § 1(A.), adopted Oct. 18, 2016.

Editor's note— Ord. No. 2019-07, § 1(E.), adopted June 18, 2019, repealed § 26-91, which pertained to effect of appeal and derived from Ord. No. 1124, § 1(28-12.3.6), adopted June 18, 1979.

Editor's note— Ord. No. 2019-07, § 1(E.), adopted June 18, 2019, repealed § 26-92, which pertained to appeals to district court and derived from Ord. No. 1124, § 1(28-12.3.7), adopted June 18, 1979.

Except as hereinafter specified, any use, building or structure existing on June 18, 1979, may be continued, even though such use, building or structure may not conform with provisions of this chapter for the district in which it is located; provided, however, that this section does not apply to any use, building or structure established in violation of any zoning ordinance previously in effect in the city, unless such use, building or structure now conforms with this chapter.

(Ord. No. 1124, § 1(28-9.1.1), 6-18-79)

(a)

No nonconforming use of a building or land shall be changed, extended, reconstructed, enlarged, or structurally altered, unless:

(1)

Such change is required by law or order, or

(2)

The use thereof is changed to a use permitted in the district in which such building or land is located, or

(3)

Authority is granted by the board of adjustment to extend a nonconforming use, or

(4)

Authority is granted by the board of adjustment to enlarge or complete a building devoted to a nonconforming use upon a lot occupied by such building, where such extension is necessary and incidental to the existing use of such building, or

(5)

Authority has been granted by the board of adjustment to extend a nonconforming use throughout those parts of a building that was manifestly designed or arranged for such use prior to the date when such use or building became nonconforming, if no structural alterations, except those required by law, are made therein.

(b)

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. No. 1124, § 1(28-9.1.2), 6-18-79)

(a)

Except as hereinafter specified, a lawful nonconforming use of a building, structure or land that has been voluntarily discontinued for a period of six (6) calendar months shall not thereafter be resumed.

(b)

Non-conforming agricultural animal uses. All existing non-conforming agricultural animal uses existing on August 25, 2003, may be continued until:

(1)

Said use is discontinued for a period of twenty-four (24) consecutive months, or;

(2)

Said use constitutes a public nuisance.

Any decision regarding non-conforming agricultural animal uses may be appealed to the board of adjustments, pursuant to the appeal procedure as found in the zoning ordinances.

(Ord. No. 1124, § 1(28-9.1.3), 6-18-79; Ord. No. 1465, § 1, 8-25-03)

A nonconforming agricultural, commercial or industrial open use of land shall be discontinued within three (3) years from the effective date of this chapter. Any such nonconforming use of land that becomes nonconforming by reason of any subsequent amendment to this chapter shall also be discontinued within three (3) years from the date of such amendment.

(Ord. No. 1124, § 1(28-9.1.4), 6-18-79)

All nonconforming signs, billboards or commercial advertising structures shall be discontinued within three (3) years from the effective date of this chapter, except that nonconforming signs specifically describing the business or nature of a lawful nonconforming building, structure, or use on the same premises may be maintained during the lawful lifetime of the building, structure, or use.

(Ord. No. 1124, § 1(28-9.1.5), 6-18-79)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, where official approvals and required building permits have been granted before June 18, 1979, or any amendment thereof, the construction of which, conforming with such plans, shall have been started prior to the effective date of this chapter and completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder's control.

(Ord. No. 1124, § 1(28-9.1.6), 6-18-79)

Any nonconforming building or structure damaged more than sixty percent (60%) of its then replacement or market value, as established by the county assessor for tax purposes, exclusive of foundations, by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent (60%) damaged above the foundation it may be restored, reconstructed or used as before, provided that restoration or reconstruction be completed within twelve (12) months of such happening.

(Ord. No. 1124, § 1(28-9.1.7), 6-18-79)

Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided that no structural alterations shall be made, except such as are required by law or ordinance. Except as otherwise provided elsewhere in this chapter, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent (50%) of its then replacement or market value as established by the county assessor for tax purposes, unless such building or structure is changed to a conforming use.

(Ord. No. 1124, § 1(28-9.1.8), 6-18-79)