There is hereby created a planning commission of the city. The commission shall be composed of nine members, all of whom shall be residents of the city, appointed by the city council. The city manager and city engineer shall be ex officio members of the commission. Each appointed member shall hold office for a period of three years, or until his successor takes office. All current members, if reappointed, may serve two additional three (3) year terms or until July 31, 2027. New members appointed after the effective date of this ordinance shall be limited to three consecutive three year terms. Former members of the planning commission shall be eligible for reappointment after the expiration of one three year term. Appointment to the planning commission to fill an unexpired term shall not be considered as a full term. The appointed members of the commission shall be nominated and appointed solely with reference to their fitness and without reference to party affiliation and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty or malefaction in office. Vacancies occurring otherwise than through the expiration of term shall be filled only for the unexpired terms by the city council. The city manager shall receive no compensation for his service on the commission. The city engineer shall receive such compensation for his service on the commission as established by the city manager. Neither the city manager nor city engineer shall be entitled to vote upon questions arising before the commission. Any appointed member of the planning and zoning commission who shall, without cause as determined by the city council, hereafter fail to attend three consecutive regular meetings of the planning and zoning commission, shall automatically be removed from office on the commission. The vacancies thereby created shall be filled by appointment for the unexpired term of office so vacated, by the mayor, by and with the consent of the city council.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-101)

State law reference—Planning commissions, 11 O.S. § 45-101 et seq.

Two-thirds of the appointed members of the planning commission shall constitute a quorum for the transaction of business. Any action taken shall be official when concurred in by not less than a majority of all appointed members of the planning commission entitled to vote.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-102)

The commission shall elect annually in August a chairman, a vice-chairman and a secretary, and may create and fill such other offices as it may deem necessary. The term of the chairman, vice-chairman, and secretary shall be one year. The planning commission shall adopt rules for the transaction of business and regulations necessary to effectuate the purposes of this part.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-103)

The planning commission, subject to approval of the city council, shall have the power and authority to employ planners, engineers, attorneys, clerks and other help deemed necessary within the limits of the appropriation fixed by the city council. The salary and compensation of such employees shall be fixed by the city council and shall be paid out of the city treasury as are other officers and employees. Necessary expenses incurred by the commission shall be paid from the city treasury as other legal expenses of the city.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-104)

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

The planning commission shall have the power to prepare and recommend to the city council for adoption a comprehensive plan for the physical development of the city. In conducting its work, the planning commission may consider and investigate any subject matter tending to the development and betterment of the city and may make recommendations as it may deem advisable concerning the adoption thereof to the city council. The planning commission may make or cause to be made surveys, studies, maps and plans in the conduct of its activities. Before final action is taken by the city council on the location or design of any public building, statue, memorial, park, boulevard, street, alley, playground, public ground, bridge or change in any location of any street or alley, such question shall be submitted to the planning commission for investigation and report. In the preparation of the comprehensive plan, the planning commission may from time to time prepare and recommend to the city council for adoption parts thereof, which parts shall cover one or more major geographical divisions of the city or one or more major elements of the comprehensive plan. The planning commission may from time to time recommend extending, amending or changing any portion of the comprehensive plan.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-105)

In the preparation of such plan, the planning commission may make careful and comprehensive surveys and studies of present conditions and future growth of the city with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds.

(LDC 1991, § 12-106)

The planning commission may prepare and recommend to the city council for adoption rules and regulations governing the subdivision of land within the corporate limits of the city. All plans, plats or replats of land laid out in lots, plots, blocks, streets, alleys or other ways intended to be dedicated to public or private use within the corporate limits of the city may be referred to the planning commission by the city council for study and investigation and for approval or rejection by the commission; and the commission shall make recommendations with reference thereto to the city council. The disapproval of any such plan, plat or replat by the city council shall be deemed a refusal of the dedication shown thereon. No plat or replat of subdivision of land, or dedication of street or alley or other easement shall be entitled to record unless it bears the signature of the mayor, attested by the city clerk, certifying the approval and acceptance thereof by the city council.

(Prior Code, app. B, § 16-134; LDC 1991, § 12-107)

State law reference—Similar provisions, 11 O.S. § 434-109.

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

(LDC 1991, § 12-108)

The planning commission may recommend the division of the city into districts of such number, size and area as may be deemed best suited to carry out the zoning plan. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

(LDC 1991, § 12-109)

Zoning regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(LDC 1991, § 12-110)

The planning commission has the power to recommend to the city council the granting of uses permitted on review where specifically authorized by the zoning regulations and in accordance with the substantive and procedural standards of the zoning regulations. The commission may recommend a use authorized as a use permitted on review in the zoning regulations, or a specifically designated element associated with a use, when the use or element is not permitted by right in a particular district because of potential adverse effect, controls are imposed in the particular instance as to its relationship to the neighborhood and to the general welfare. Such uses shall be granted in accordance with the substantive and procedural standards of the zoning regulations and subject to appropriate conditions and safeguards in harmony with the general purpose of and intent of the zoning regulations. Uses permitted on review are so classified because such uses more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses may make it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located on the district. The uses shall be reviewed and authorized or rejected under the following procedure:

1. An application shall be filed with the 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 300 feet 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, within 45 days of the date of application, shall study 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 authorize or deny the issuance of a permit for the use of land or buildings as requested.

(LDC 1991, § 12-111; Ord. No. 204, 1979)

There is hereby created within and for the city a board of adjustment with the powers and duties as provided herein.

(Prior Code, app. B, § 16-108; LDC 1991, § 12-121)

1. The board of adjustment shall consist of five members, residents of the city, each appointed by the mayor with confirmation by the city council. Appointments shall be for a term of three years. All current members, if reappointed, may serve two additional three (3) year terms or until July 31, 2027. New members appointed after the effective date of this ordinance shall be limited to three consecutive three year terms. Former members of the board of adjustment shall be eligible for reappointment after the expiration of one three year term. Appointment to the board of adjustment to fill an unexpired term shall not be considered as a full term. Not less than two members shall be appointed from the membership of the board of adjustment. In the event of death, resignation or removal of any such member before the expiration of his term, a successor shall be appointed by the mayor with confirmation by the city council to serve his unexpired term. All members of the board of adjustment shall serve as such without compensation.
2. The board of adjustment shall elect its own chairman and shall adopt rules or procedures consistent with the provisions of these regulations. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Four members of the board of adjustment shall constitute a quorum. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
3. The board of adjustment may, subject to the approval of the board and council, appoint such employees as may be necessary and may incur necessary expenses within the limits of the appropriations authorized by the city council.

(Prior Code, app. B, §§ 16-108—16-112; LDC 1991, § 12-122)

State law reference—Similar provisions, 11 O.S. §§ 44-101, 44-102.

Appeals to the board of adjustment may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the zoning administrative officer or building official in administering the zoning regulations. Such appeals shall be taken within 30 days of notice of the decision, by filing written notice with the board of adjustment and the administrative officer, stating the grounds thereof, and paying the applicable fee. The officer from whom the appeal is taken shall transmit to the board of adjustment the papers constituting the record upon which action appealed from was taken. An appeal to the board of adjustment shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken shall certify to the board of adjustment 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 the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give 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 or by agent or by attorney.

(Prior Code, app. B, § 16-114, in part; LDC 1991, § 12-123)

State law reference—Appeals to board of adjustment, 11 O.S. § 44-109.

1. The board of adjustment shall have the power to:
   1. Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance;
   2. Hear and decide special exceptions to the zoning ordinance to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by the zoning ordinance, and in accordance with the substantive and procedural standards of the zoning ordinance;
   3. Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the board shall have no power to authorize variances as to use except as provided by subsection (A)(4) of this section;
   4. Hear and decide oil and/or gas applications or appeals unless prohibited throughout a municipality by municipal ordinance. The board of adjustment shall be required to make the findings prescribed by 11 O.S. § 44-107 in order to grant a variance as to use with respect to any such application or appeal.
2. Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided in 11 O.S. § 44-108. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the district court.

(Prior Code, app. B, § 16-113; LDC 1991, § 12-124)

State law reference—Similar provisions, 11 O.S. § 44-104.

1. Special exceptions, other than uses permitted on review, may be granted to allow the location of certain uses while maintaining adequate protection of the surrounding area. If consideration is given to setting, physical features, compatibility with surrounding land uses, traffic and aesthetics, certain uses may be located in an area where they will be compatible with existing or planned land uses, even though they generally do not conform to the uses permitted in specific zoning districts. The board shall review each case on its own merits, apply the criteria herein, and, if appropriate, authorize the use by granting a special exception for it. The board 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 the ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of these regulations;
   3. To grant exceptions to the off-street parking requirements set forth herein, 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. Mobile homes in the A-2, R-1, R-2 and R-3 zoning districts, subject to the provisions of this section;
   5. A housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of these regulations to the individual buildings in such housing project, the application of such requirements to such housing project may be changed, in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by these regulations in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirement of the district in which the housing project is to be located;
   6. A small wind energy system that is intended to convert wind energy by means of a rotor into electrical power for the primary purpose of meeting all or a part of a property's energy requirements, subject to the provisions of this section. A small wind energy system does not include electrical distribution or transmission lines, or electrical substations. A SWES is intended to produce electricity primarily for on-site consumption but excess electrical power may be transferred to a utility company power supply grid pursuant to utility company interconnection agreements.
2. The property owner or his authorized agent shall file an application for special exception in accordance with the rules and regulations of the board.
3. A complete site plan shall be filed with each application for special exception. The site plan shall show the location of all existing and proposed structures, and shall be of adequate detail to ensure compliance with the provisions of this Code, the development regulations of the applicable zoning district, and with any special provisions placed on the application by the board. The site plan shall indicate at least the following site design factors:
   1. The location and area of the main building and proposed accessory building on the site and their relationship;
   2. The number and arrangement of off-street parking spaces;
   3. The location of existing or proposed sight-proof screening;
   4. Evidence to indicate that surface water drainage will not have an adverse effect on adjacent properties; and
   5. Such other factors as may be necessary to secure and to protect the public health, safety, comfort, convenience and general welfare.
4. Prior to approval of an application for special exception, the board shall make a determination that the following standards have been met:
   1. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;
   2. The proposed use shall not adversely affect the use of neighboring properties;
   3. The proposed use shall not generate pedestrian or vehicular traffic that is in conflict with the existing and anticipated traffic in the neighborhood;
   4. Adequate utility, draining, parking, access, and other necessary public facilities to serve the proposed use shall be available and shall meet all standards and provisions of this Code and applicable zoning district regulations;
   5. The board may impose specific conditions regarding location and design of the proposed use to ensure public safety and to prevent a nuisance, including, but not limited to, extraordinary setbacks, landscaping and installation of utilities.
      
5. A special exception for a mobile home in the A-2, R-1, R-2 or R-3 zoning district may be granted for a period of one or two years depending on the situation. When the time period expires, the applicant shall file a new application for special exception and have the case reviewed. The following conditions for approval shall also be met:
   1. The principal for whom the special exception is requested shall be a relative by blood or marriage of the owner of the property in question. The owner shall reside in the main structure on the subject lot;
   2. The extenuating conditions of the principal shall not be caused by the applicant;
   3. The special exception shall not be granted unless a medical hardship exists, caused by physical condition such as age or infirmity, or by mental condition of the principal;
   4. Only one mobile home shall be allowed accessory to a permanent single-family detached residential structure;
   5. The location of the mobile home shall conform to all lot area, setback, height, and off-street parking requirements of the district in which it is located, and shall be located only in the rear yard;
   6. Written approval of the proposed use of all landowners abutting on a side or rear property line or across an alley shall be required;
   7. The use of the mobile home shall terminate at any time when the hardship that led to granting of the original special exception ceases. When such hardship ceases, the mobile home shall be removed within 90 days, and the lot restored to its original condition.
6. A special exception for a small wind energy system (SWES) may be granted for a lot with an approved existing structure. A SWES is incidental and accessory to the permitted principal use located on the lot. The following conditions for approval shall also be met:
   1. The minimum lot size for a small wind energy system shall be one acre.
   2. The minimum setback distance shall be equal to the height of the wind tower. The setback distance is the horizontal distance from the center of the supporting structure to the nearest property line, right-of-way, or utility easement.
   3. The bottom of the rotor blade sweep shall be no closer than 20 feet above the ground surface.
   4. No more than one wind tower for a small wind energy system shall be located on any one property.
   5. A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.
   6. All signs, both temporary and permanent, are prohibited on the SWES, except as follows: manufacturer's or installer's identification on the wind turbine where such signs shall not exceed two square feet in area; and appropriate warning signs and placards.
   7. A SWES, including tower, shall comply with all applicable construction and electrical codes, and the National Electrical Code. The SWES specifications, including manufacturer and model, rotor diameter, tower height, and tower type (freestanding, guyed, or lattice-type), shall be provided for review.
   8. The tower and all ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. A six-foot-tall fence with locking gate is required around the perimeter of the tower site.
   9. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground.
   10. The tower and tower foundation drawings shall be signed and sealed by a professional engineer licensed in the state.

(Prior Code, app. B, § 16-113; LDC 1991, § 12-125; Ord. No. 539, 12-4-1990; Ord. No. 714(12), 2-6-2012)

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

1. The application of the ordinance to the particular piece of property would create an unnecessary hardship or result in exceptional practical difficulties;
2. Such conditions are peculiar to the particular piece of property involved;
3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and
4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

(Prior Code, app. B, § 16-113; LDC 1991, § 12-126)

The board of adjustment shall fix reasonable times for hearing appeals or other matters referred to it and give public notice as required by law. Any party may appear and be heard in person or by agent or by attorney at such hearings. Applicants for hearings or other matters to be heard by the board of adjustment shall pay a fee, in such sum as set by the city council by motion or resolution, for the hearing, publications and other costs associated with the hearing. The fee shall be paid upon filing the appeal or request for hearing.

(Prior Code, app. B, § 16-114; LDC 1991, § 12-127)

1. In exercising the above-mentioned powers, the board of adjustment may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or 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. In considering all appeals from rulings made under this article the board of adjustment, in making its findings on any specific case, shall 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 to the people of the city. Every ruling made upon any appeal to the board shall be accompanied by a written finding of act based upon the testimony received at the hearing afforded by the board of adjustment, and shall specify the reason for granting or denying the appeal.
2. The concurring vote of at least three members of the board shall be necessary to reverse any order, requirement and decision or determination of any such administrative officer or to decide in favor of the applicant, or to decide any matter upon which it is required to pass under this article or to effect any variation in the regulations.

(Prior Code, app. B, §§ 16-112, 16-114, 16-115; LDC 1991, § 12-128)

1. An appeal to the district court from any decision, ruling, judgment or order of the board of adjustment may be taken by any person, firm or corporation, jointly or severally aggrieved thereby, or any department, board or an official of government, by filing with the clerk of the board of adjustment within ten days of the date of filing the decision of the board a notice of such appeal which shall specify the ground of the appeal. Upon filing of such notice, the clerk of the board of adjustment shall forthwith transmit to the clerk for the district court the originals or certified copies of all papers constituting the record in such case, altogether with the order, judgment or decisions of the board of adjustment. The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for a stay pending the district court's determination of the merits of the appeal. Notice of such application shall be given by first class mail to all parties, to the district court appeal and to any applicant before the board of adjustment. Upon filing of an application for stay in the district court, all proceedings in furtherance of the action appealed from shall be temporarily stayed pending the outcome of a hearing regarding the stay, which shall be conducted within 30 days of application. The court shall determine whether to impose a stay by considering the following factors:
   1. The likelihood of success on the merits by the party seeking to impose the stay;
   2. Irreparable harm to the property interests of the party seeking to impose the stay if the stay is not imposed;
   3. Relative effect on the other interested parties; and
   4. Public policy concerns arising out of the imposition of the stay.
2. If the court determines to impose a stay, the court shall require a bond or other security and such other terms as it deems proper to secure the rights of the parties and compensate for costs of delay. A bond or other security shall be posted within ten business days of the court's determination, provided that a municipal governing body shall not be required to post a bond. Subject to 12 O.S. § 990.3(A), a stay pursuant to this subsection shall automatically dissolve after a judgment, decree or final order resolving the merits of the appeal is filed with the court clerk. Notwithstanding any provision of law to the contrary, stays in appeals from the board of adjustment to the district court shall be obtained only as set forth in this section. The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions. A party may obtain a stay of the enforcement of the district court's judgment, decree or final order as provided by 12 O.S. § 990.4.

(Prior Code, app. B, § 16-117; LDC 1991, § 12-129)

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

1. A minor variance may be granted by the community development director, or his designee, for an encroachment upon any required building setback line when that encroachment represents approximately ten percent of the required yard, or involves only a minor portion of the structure. A minor variance shall only be granted where there has been a surveying error in the construction of the building.
2. A fee established by the city shall be charged for each minor variance granted.

(LDC 1991, § 12-130; Ord. No. 547(06), 6-19-2006)