Mounds City Zoning Code

The mayor or any member of the board of trustees, planning commission, or board of adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this chapter, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon.

(Code 2001, § 17.48.010; Ord. No. 7-1988-1, § 280, 1988)

(a)

It shall be the duty of the building inspector to enforce this chapter. If the building inspector shall find that any of the provisions of this chapter are being violated, he shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take such other action to ensure compliance with or to prevent violation of its provisions as is authorized by law.

(b)

All departments, officials, and employees of the town vested with the duty or authority to permits or licenses shall comply with the provisions of this chapter and shall issue no permit or license for any use, purpose, excavation, construction, structure, building, or sign in conflict with the provisions of this chapter.

(Code 2001, § 17.48.020; Ord. No. 7-1988-1, § 1100, 1988)

(a)

Required. It is unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land or to permit the aforementioned actions, until a zoning clearance permit has been issued by the building inspector.

(b)

Application for permit. An application for a zoning clearance permit shall be accompanied by a legal description of the lot and plans in duplicate, drawn to scale in black line or blue print, showing:

(1)

The actual shape and dimension of the lot;

(2)

The location, size and height of any existing building or structure;

(3)

The location, size, height, and lot position of any buildings or structures to be constructed on the lot;

(4)

The number of dwellings the building is intended to accommodate, if any; and

(5)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

(c)

Building inspector to act within three days. The building inspector shall act upon each application for a zoning clearance permit within three days after it is filed in compliance with the provisions herein. He shall return one copy of the plans and issue a zoning clearance permit or notify the applicant, in writing, of his refusal to issue a permit setting forth the reasons therefor.

(d)

Fees for zoning clearance permits. No zoning clearance permit shall be issued until a fee in accordance with the established fee schedule on file in the office of the town clerk shall have been paid, provided that upon the payment of a fee in accordance with the established fee schedule on file in the office of the town clerk, a group zoning clearance permit may be issued covering five or more residential lots in the same subdivision.

(Code 2001, § 17.48.030; Ord. No. 7-1988-1, § 1110, 1988)

(a)

Any person, firm, or corporation violating any provisions of this chapter or failing to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not more than $100.00, and each day's violation thereof shall constitute a separate offense.

(b)

Nothing herein contained shall prevent the town or its authorized officials from taking other action, authorized by law, to remedy violations.

(Code 2001, § 17.48.040; Ord. No. 7-1988-1, § 1120, 1988)

Zoning permits, variances, or special exception uses issued on the basis of approved plans and applications authorize only the uses, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by section 44-388.

(Code 2001, § 17.48.050; Ord. No. 7-1988-1, § 1130, 1988)

(a)

There is established a board of adjustment of the town with the powers and duties hereinafter set forth.

(b)

The board of adjustment shall consist of five members who shall be residents of the town and appointments of said members shall be made by the board of trustees.

(c)

Each member shall serve without pay for a term of three years, and vacancies shall be filled for an unexpired term of any member in the manner set forth for appointments to a full term.

(d)

A board member, upon written charges and after public hearing, may be removed by the board of trustees for any one of the following causes:

(1)

Failure to attend three consecutive regular or special meetings, or failure to attend two-thirds of the regular or special meetings held during any six-month period;

(2)

Actions and conduct unbecoming to a public official of the town; and

(3)

Repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of the town.

(e)

The board shall organize, elect its chairperson, vice-chairperson, and secretary, and adopt rules necessary to the conduct of its affairs.

(Code 2001, § 17.52.010; Ord. No. 7-1988-1, § 1200, 1988)

The board shall have the power to hear appeals from the determinations of the building inspector in enforcing this chapter, to grant special exceptions, to grant variances, and to make interpretations of the zoning map and text, in accordance with the substantive and procedural standards hereinafter set forth.

(Code 2001, § 17.52.020; Ord. No. 7-1988-1, § 1210, 1988)

(a)

Meetings shall be held at the call of the chairperson and at such other times as the board may determine.

(b)

The chairperson or, in his absence, the vice-chairperson or acting chairperson may administer oaths and compel attendance of witnesses.

(c)

All meetings, deliberations, and voting of the board shall be open to the public.

(d)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or 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 town clerk and shall be a public record.

(e)

In all matters, the board shall decide within 90 days after the filing of an application for relief.

(f)

The quorum, notice, filing and substantive requirements of the board shall be as set forth in this chapter concerning the board's exercise of a particular power.

(Code 2001, § 17.52.030; Ord. No. 7-1988-1, § 1220, 1988)

(a)

The board of adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the building inspector, or before granting any special exception, or variance, or minor variance, or exception. The board shall set forth in an adopted statement of policy a list of variances and exceptions which constitute minor variances or exceptions and such statement of policy shall be approved by the board of trustees.

(b)

Ten days' notice of public hearing shall be given as follows:

(1)

For special exception, variance or appeal from a determination of the building inspector:

a.

By publication in a newspaper of general circulation; and

b.

By mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property.

(2)

For minor variance or exception requests by mailing written notice to all owners of land abutting the subject property. Nothing herein shall preclude the board of adjustment from requiring the giving of public notice of hearings to all owners of property within a 300-foot radius of the exterior boundary of the subject property for consideration of a minor variance or exception.

(c)

The notice shall contain:

(1)

The legal description of the property and the street address or approximate location of the property;

(2)

The present zoning classification of the property and the nature of the appeal, variance or exception requested; and

(3)

The date, time and place of the hearing.

(d)

The applicant shall furnish the names and addresses of all owners of property within a 300-foot radius of the exterior boundary of the subject property or, in the case of a minor variance or exception, the owners of abutting property of the subject property. Costs of publication shall be billed to the applicant.

(Code 2001, § 17.52.040; Ord. No. 7-1988-1, § 1230, 1988)

Fees for requesting consideration by the board of adjustment are as follows:

Table 44-371

Board of Adjustment Fees

;le=2;Note: The above fees do not include the cost of publication of notice and postage on notice mailed which shall be billed to the applicant.

(Code 2001, § 17.52.050; Ord. No. 7-1988-1, § 1240, 1988)

(a)

Generally. An appeal to the board of adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the town where it is alleged there is error in any order, requirement, decision or determination of the building inspector in the enforcement of this chapter.

(b)

Notice of appeal. An appeal shall be taken within ten days from the determination complained of by filing with the building inspector and with the secretary of the board a notice of appeal, specifying the grounds thereof. The building inspector, upon receipt of notice, shall transmit to the secretary of the board certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the secretary shall cause an investigation to be made upon the appeal and shall set the matter for public hearing.

(c)

Board of adjustment action. The board shall hold the public hearing. The board may reverse or affirm, wholly or in part, 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. The board shall make its decision within 40 days after the final hearing, and the decision shall be in writing and filed of record in the office of the town clerk. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building inspector. A decision of the board shall not become final until the expiration of 15 days from the date such decision is made, unless the board shall find the immediate taking of said decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(d)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector 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 case, proceedings shall not be stayed other than by a restraining order granted by the board or by the court of proper jurisdiction on due and sufficient cause shown.

(Code 2001, § 17.52.060; Ord. No. 7-1988-1, § 1250)

(a)

The board shall interpret the text of this chapter or the official zoning map upon an appeal from a determination of the building inspector after compliance with the procedural standards of section 44-372.

(b)

Where a question arises as to the zoning district classification of a particular use, the board of adjustment, upon written request of the building inspector, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing.

(Code 2001, § 17.52.070; Ord. No. 7-1988-1, § 1260, 1988)

(a)

Board of adjustment action. The board of adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this chapter, only upon a finding that:

(1)

The application of the regulation to a particular piece of property would create an unnecessary hardship;

(2)

Such conditions are peculiar to the particular piece of property involved; and

(3)

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the regulation or the comprehensive plan;

provided, however, that the board in granting a variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.

(b)

Application. A request for a variance shall be initiated by the filing of an application with the town clerk and shall be set for public hearing by the secretary in accordance with the rules established by the board.

(c)

Time limitation on variances. A variance which has not been utilized within one year from the date of the order granting the variance shall thereafter be void. For the purpose of this provision, utilization means actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Code 2001, § 17.52.080; Ord. No. 7-1988-1, § 1270)

(a)

Generally. The board of adjustment, upon application, and after notice (when notice is required) and public hearing, subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:

(1)

Special exception uses as designated and regulated within the permitted use provisions of the zoning districts;

(2)

The change of a nonconforming use as provided in section 44-304(6);

(3)

The restoration of a partially destroyed structure containing a nonconforming use as provided in section 44-304(7);

(4)

The restoration of a partially destroyed nonconforming structure as provided in section 44-307;

(5)

The modification of a screening requirement, as provided in section 44-252;

(6)

Off-street parking use of property located within a residential district, when the property is abutting a commercial or industrial district.

(b)

Application. A request for a special exception shall be initiated by the filing of an application with the town clerk and shall be set for public hearing by the secretary in accordance with the rules established by the board.

(c)

Board of adjustment action. The board of adjustment shall hold the public hearing and, upon the concurring vote of three members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of the chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; provided, however, that the board in granting a special exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached.

(d)

Time limitation on special exceptions. A special exception which has not been utilized within one year from the date of the order granting the same shall thereafter be void. For the purpose of this provision, the term "utilization" means actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Code 2001, § 17.52.090; Ord. No. 7-1988-1, § 1280, 1988)

(a)

Procedure.

(1)

An appeal from any action, ruling decision, judgment, or order of the board of adjustment may be taken by any person or persons aggrieved, or any taxpayer or officer, department, board, or bureau of the town to the district court, by filing with the town clerk and with the secretary of the board within ten days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal.

(2)

No bond or deposit for costs shall be required for such appeal.

(3)

Upon filing of the notice of appeal, the town clerk shall transmit to the court clerk of the county 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. Said case shall be heard and tried de nova in the District Court of Creek County, Oklahoma

(4)

An appeal shall lie from the action of the district court as in all other civil actions. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

(5)

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith, or with malice in making the decision being appealed.

(b)

Stay of proceedings. An appeal to the district court stays all proceedings in furtherance of the action appealed unless the chairperson of the board certifies to the court clerk, after notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the district court.

(Code 2001, § 17.52.100; Ord. No. 7-1988-1, § 1290, 1988)

The regulations, restrictions, prohibitions, and limitations imposed and the districts created by this chapter may from time to time be amended, supplemented, changed, modified, or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the town a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the planning commission shall adopt procedural rules for the conduct of zoning public hearings.

(Code 2001, § 17.56.010; Ord. No. 7-1988-1, § 1300, 1988)

It shall be the policy of the town that in the consideration of proposed amendments to this chapter that amendments will be adopted to recognize changes in the comprehensive plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally.

(Code 2001, § 17.56.020; Ord. No. 7-1988-1, § 1310, 1988)

The planning commission, upon its own motion, may, or at the direction of the board of trustees shall, hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the planning commission shall within 40 days transmit its report and recommendation to the board of trustees.

(Code 2001, § 17.56.030; Ord. No. 7-1988-1, § 1320, 1988)

(a)

Application and fees.

(1)

The planning commission, board of trustees or any person, corporation, partnership, association, or combination thereof, having a legal or equitable interest in or to real property, may file an application for a change in the zoning classification of such property by amendment of the zoning map. An application shall be filed with the planning commission, shall be in such form and content as the planning commission may by resolution establish, and shall be accompanied by payment of a fee, as set forth in the following table:

Table 44-399

Zoning Map Amendment Fees*

;le=2;*Note: The above fees do not include the cost of notice publication or mailing which shall be billed to the applicant.

**In addition to charging the highest base fee in a multiple zoning application (footnote **), the highest sliding fee shall be charged for the total area included in a multiple zoning classification request, unless the applicant calculates and records on the zoning application form the specific number of acres for each zoning classification requested.

(2)

An application shall be filed with the town clerk and shall be set for public hearing.

(3)

The applicant shall furnish the names and addresses of all owners of property within a 300-foot radius of the exterior boundary of the subject property.

(b)

Notice required. The planning commission shall give at least 15 days' notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. The notice shall include a map of the area to be affected that indicates street names or numbers, streams or other significant landmarks in the area. In addition, at least 20 days' notice of public hearing shall be given by mailing notice to all owners of property within a 300-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:

a.

Notice of a proposed RS-3 rezoning shall confer jurisdiction on the planning commission and board of trustees to consider and act upon RS-3, RS-2 or RS-1 or combinations thereof in the disposition of the application, and in like manner, notice of any R district, including RMH, shall confer jurisdiction to consider any less dense R district, except RMH;

b.

Notice of a proposed CH rezoning shall confer jurisdiction on the planning commission and board of trustees to consider and act upon CH, CG or combination thereof in the disposition of the application;

c.

Notice of a proposed IH rezoning shall confer jurisdiction on the planning commission and board of trustees to consider and act upon IL, IM, CH, CG or combination thereof in the disposition of the application;

d.

Specific notice of a proposed AG or RMH district shall be required to confer jurisdiction on the planning commission and board of trustees to consider such AG or RMH district.

(c)

Planning commission action on zoning map amendments. After notice and public hearing, the planning commission shall vote to:

(1)

Recommend to the board of trustees that the application be approved as submitted, or as amended, or be approved subject to modification; or

(2)

Recommend to the board of trustees that the application be denied. An application recommended for approval or approval subject to modification, or denial shall be transmitted, with the report and recommendations of the planning commission, to the board of trustees within 15 days from the date of planning commission action. In the event the planning commission arrives at a tie vote, it shall be transmitted, with a report and notation of the tie vote, to the board of trustees within 15 days from the date of planning commission action.

Prior to the submission to the board of trustees, all data, materials, recommendations and other pertinent information transmitted to the board of trustees from the action taken by the planning commission at a public hearing shall be approved for accuracy by the chairperson, or in his absence, the secretary of the planning commission.

(d)

Board of trustees action on zoning map amendments. The board of trustees shall after the public hearing, approve the application as submitted or as amended, approve the application subject to modification, or deny the application. In case of a protest against such zoning change filed at least three days prior to the public hearing by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than 300 feet wide, such amendments shall not become effective except by the favorable vote of two-thirds of all the members of the board of trustees.

(Code 2001, § 17.56.040; Ord. No. 7-1988-1, § 1330, 1988)