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Muskogee City Zoning Code

ARTICLE 03

ADMINISTRATION AND AMENDMENT

90-03-01.- Building and occupancy permits generally.

A.

This article will be enforced by the Planning Department.

B.

It is a violation of this code for any person to change or authorize the change in the use of the land; any building, structure or improvement thereon; or to erect, construct, alter, improve, move or remove any building, structure or improvement until properly approved building permit has been obtained.

C.

It is a violation of this code for any person to occupy or to authorize or encourage the occupancy or use of any building, structure, or improvement until a properly approved occupancy permit has been issued.

D.

Unless otherwise allowed by the Subdivision Regulations, neither building permits nor occupancy permits shall be considered for approval until all required public off-site water, sewer, drainage and street improvements have been completed and accepted by the City, including approval and acceptance of associated maintenance bonds and easements.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-02. - Building permits.

A.

Whenever any building, structure, facility, or other appurtenances is to be erected, constructed, altered, improved, moved or removed as required in the City's building code, a building permit shall be obtained from the building official as provided in the City's building code regulations.

B.

Every applicant for a building permit, excluding remodels where the building footprint does not change, shall submit a site plan as specified herein.

C.

The site plan and associated plans and specifications shall be reviewed by the appropriate authority and either approved, if in conformance with City codes, or shall be check printed and returned for required revisions if not in full conformance.

D.

If not approved and returned for revisions, the corrected site plan or associated plans and specifications shall be corrected and returned with the check print.

E.

Three copies of each sheet of the submittal shall be delivered to the building official. One set will be retained by the City and two approved sets shall be returned to the applicant or his engineer, architect or land surveyor. One set, and the approved permit, shall be retained at the job site.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-03. - Certificates of occupancy.

A.

No land, building, structure or other physical improvement shall be occupied or used until a certificate of occupancy has been issued by the building official. No change shall be made in the physical features or use of land, building, structure or facility after the passage of these regulations without:

1.

An approved zoning;

2.

Any necessary building permit; and

3.

The issuance of a certificate of occupancy certifying that all provisions of all City codes, ordinances and standards have been complied with.

B.

As may be appropriate to the use for which a certificate of occupancy is requested, approval may be required from the Planning Department, the Public Works Department and/or the Fire Department in addition to that required of the building official.

C.

When a particular development consists of two or more separate buildings or is a commercial group building development, and where all associated off-site and on-site public improvements have been completed and thereafter approved and accepted by the City, the building official may, upon the recommendation of the Planning Department Director or his or her designee and the Public Works Department Director or his or her designee, authorize the progressive issuance of certificates of occupancy for individual buildings within the development as each is satisfactorily completed with all necessary, associated parking ingress and egress and utilities as required for such approval by the appropriate City authority.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-04. - Site location on corner lots.

A.

Where any person who proposes the location of a building on a corner lot wherein the actual front of the building shall not also be the legal front of the lot, then the front yard setback requirement shall be required on the legal front and actual front. If a variance to this rule is required, it shall be secured through a variance requested from the board of adjustment in accordance with this code.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-05. - Amendments.

A.

The City Council may from time to time on its own motion or on petition of a property owner or on recommendation of the Planning Commission, amend the regulations and change the districts as herein established. No change in the regulations or district boundaries shall become effective until after a public hearing is held in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. At least 20 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. In addition to the newspaper notice, notice of a public hearing on any proposed zoning change shall also be given 20 days prior to the hearing by mailing written notice to owners of property 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 of approximate location in the City;

2.

Present zoning and classification of the property and the classification sought by the applicant; and

3.

Date, time and place of the public hearing.

B.

A request to rezone property shall be initiated by the filing of an application with the City. Such application shall be submitted in accordance with the requirements specified on an application form provided by the Planning Department and include a fee according to a schedule of fees in Appendix "A", as shall be modified from time to time by the council, and made available for public viewing in the City Clerk's office and a property owner's list as specified in section 90-03-08 and state law.

C.

A petition to change a district and regulations once heard and decided upon by the commission shall not be considered again until a period of six months has elapsed.

D.

All project or matters that fall within the purview of the duties of the Planning Commission shall be referred to the commission for investigation and report before any final action shall be made thereon. If the commission fails to make an investigation and report on any matter or subject referred to it after a reasonable time determined by the complexity of said request, such failure shall be considered a refusal to approve the proposed plan or project and the board or council shall be under no obligation to wait longer for reports or recommendations concerning the projects. As determined by the Planning Director.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

State Law reference— Notice and public hearing of proposed regulations, 11 O.S. § 43-104; amendments or changes of regulations, 11 O.S. § 43-105; additional notice requirements, 11 O.S. § 43-106.

90-03-06. - Violation and penalty.

A violation of any provision of these regulations shall be deemed an offense and punishable, as provided in Section 1-14. In addition to any penalty, in case any building, is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of these regulations, the City may, pursuant to the provisions of 11 O.S. § 43-107, institute proceedings for injunctive or other relief.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-07. - Classification of new additions.

A.

All new additions and annexations of land to the City shall be in the "R-1" Single-Family Residential District unless otherwise classified by the City zoning map, for a period of time not to exceed one year from the effective date of the ordinance annexing the addition.

B.

Within this one-year period of time, the Planning Commission shall study and make recommendations concerning the use of land within the annexation to promote the general welfare and in accordance with the general plan. Upon receipt of such recommendations, the council or board shall, after public hearings as required by law, establish the district classification of the annexation. This shall not be construed as preventing the council or board from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

90-03-08. - List of property owners within 300 feet.

All applicants requesting that property within the City be rezoned shall furnish the City a list of all other property owners, together with the property owners' mailing address, within 300 feet of the property to be rezoned. The list shall be certified as accurate and correct by a bonded abstractor, a licensed attorney, or a registered surveyor. The list as required in this section shall be provided before any public hearing on the rezoning shall be held.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)