A nonrefundable fee in the amount established in the City Fee Schedule must be paid to the City by the Owner with submission of the application for a Variance, a Special Use Permit, a Conditional Use Permit, a Building Permit, a Certificate of Occupancy, and all other types of Permits addressed in this Article.

All references in this Chapter to the Code Official include the Code Official's Designee.

(a)

It is a violation of this Chapter for any Person to change or permit the change in use of land, Buildings, or Structures, or to construct, alter, move, or add an Addition to any Building or Structure until a Building Permit, other applicable permit or Certificate of Occupancy has been obtained under the conditions set forth in this Article.

(b)

These regulations shall be enforced by the City.

(c)

While this Division does not require submittal of any documentation prior to formal application for a Building Permit, other applicable permit or Certificate of Occupancy, Property owners are encouraged to consult with the City prior to making formal application to become familiar with the policies and requirements set forth in this Article.

(Code 1992, § 25-79; Code 2013, § 50-187; Ord. No. 803, § 2, 11-17-1998; Ord. No. 1149, § 7, 10-9-2018)

(a)

Special Use Permit requirement. Certain uses of land in the City require a Special Use Permit as specified in this Code. In addition, all uses of land that are classified as "Uses Subject to Review" in the District Regulations set out in this Chapter require a Special Use Permit. Such uses are listed as "Uses Subject to Review" because such uses may or may not be compatible with the surrounding land use permitted in the applicable Zoning District. Further, any use that:

(1)

Is not classified as a "Permitted Use" in the District Regulations;

(2)

Is not classified as a "Conditional Use" in the District Regulations; or

(3)

Is not otherwise allowed pursuant to one of the types of Permits set out in this Division requires a Special Use Permit.

(b)

Special Use Permit process. The Planning Commission may recommend, and the City Council may grant, Special Use Permits. Applications for such Special Use Permits may be approved only after public hearings have been held thereon by the Planning Commission and the City Council in the manner and subject to the same notice requirements as set out in Division 5 of this Article for applications to amend a Property's Zoning requirements, restrictions or Zoning District classification.

(c)

Status of Uses Permitted by Special Use Permit. Once a Special Use Permit is issued, the use may not be enlarged, extended, increased in intensity, or relocated unless an application for a new Special Use Permit is submitted and approved by the Code Official.

(d)

Revocation of Special Use Permit. The City may revoke a Special Use Permit as set out in Section 50-638 provided that the Owner of the subject Property is provided 30 days' notice of the revocation and a public hearing is held before the Planning Commission and the City Council to determine whether grounds exist to revoke the permit.

(e)

Expiration of Special Use Permits. Any Special Use Permit issued pursuant to this Section will become invalid if either:

(1)

The use is not established or construction for it is not initiated within 12 months from the date of issuance; or

(2)

If once established, the use is discontinued or abandoned for a period of 12 months.

(a)

Conditional Use Permit requirement.

(1)

Certain uses of land are classified as "Conditional Uses" in the District Regulations set out in this Chapter because such uses tend to be incompatible by their nature, requiring a review process allows the Code Official to authorize Conditional Uses under the controls, limitations, and regulations for Conditional Uses. All uses of land that are classified as "Conditional Uses" in the District Regulations require a Conditional Use Permit.

(2)

Conditional Use Permits include Accessory Building, Accessory Structure, Accessory Use Permits; Commercial Dumpster Permits; Detached Emergency Shelter Permits; Electric Vehicle Charging Station Permits; Fence Permits; Sign Permits; and Swimming Pool Permits. Applications for Conditional Use Permits may be approved only after review by the Code Official as set out in this Section.

(b)

Application. Application for a Conditional Use Permit shall be made with the Code Official on forms provided by the City. Administrative review of the application shall begin upon submittal of the complete application and the required application fee. To be considered complete, all information stated in the application form must accompany the application. The Code Official shall examine or cause to be examined all applications for Conditional Use Permits and amendments thereto within a reasonable period of time after filing. If the application or required documents do not meet the requirements of the City, the application shall be rejected, in writing, stating the reasons therefor. If the City requirements have been met, the City shall issue the applicable Permit as soon as practicable.

(c)

Status of Uses Permitted by Conditional Use Permit. Any Conditional Use reviewed and approved by the Code Official that complies with the specific requirements of this Chapter and the applicable conditions set by the Code Official will constitute a Permitted Use on the subject Lot or Property. Once a Conditional Use Permit is issued, the use may not be enlarged, extended, increased in intensity, or relocated unless the City issues a new Conditional Use Permit.

(d)

Code Official authority to impose conditions on issuance of Permits. The Code Official is authorized to impose conditions on issuance of Conditional Use Permits for Accessory Buildings, Accessory Structures, and Accessory Uses, including:

(1)

Conditions to address drainage issues attributable to the increase in impervious surface area resulting from a proposed Accessory Building, Accessory Structure or Accessory Use;

(2)

Conditions to require Privacy Landscaping to address privacy concerns resulting from a proposed Accessory Building, Accessory Structure or Accessory Use;

(3)

Conditions to address health and safety concerns;

(4)

Conditions to address noise issues and to provide noise buffers;

(5)

Conditions to address Light Trespass; and

(6)

Other reasonable conditions necessary to protect the public health, safety, comfort, and welfare.

(e)

Code Official authority to refer applications for hearing. As set out in this Article, the Code Official may refer applications for Conditional Use Permits to the Building Commission for public hearings prior to granting the Conditional Use Permit.

In addition to other Permits addressed elsewhere in this Code, the following Permits must be issued by the City prior to commencement of the applicable work:

(1)

Accessory Buildings, Accessory Structures, and Accessory Uses. Where allowed by the applicable District Regulations, an Accessory Building, Accessory Structure or Accessory Use Permit is required for each of Accessory Buildings, Accessory Structures, and Accessory Uses, as further detailed in Section 50-498 and Article II, Division 6, of this Chapter.

(2)

Accessory Signs. Where allowed by the applicable District Regulations, Sign Permits are required for Accessory Signs, as further detailed in Section 50-498 and Article II, Division 10, of this Chapter.

(3)

Communication towers, antennas, and small wireless facilities. Special Use Permits are required for the location of communication towers, antennas, and small wireless facilities, and Building Permits are required to install and to replace antennas and antenna arrays on existing communications towers and City water towers, as set out in Article II, Division 7, of this Chapter.

(4)

Concrete work. Concrete Permits are required for all concrete work.

(5)

Construction. Building Permits are required to construct, enlarge, alter, add an Addition to or change the occupancy of a Building or Structure, as further detailed in Section 50-500. Building Permits are not required for ordinary Repairs as set out in the International Building Code or the International Residential Code, as adopted by the City, as applicable to the work.

(6)

Driveways. Driveway Permits are required to construct, Repair or replace a driveway, as further detailed in Section 38-2.

(7)

Electric Vehicle Charging Stations. Electric Vehicle Charging Station Permits are required to install Electric Vehicle Charging Stations. Applications for Electric Vehicle Charging Station Permits are reviewed by the Code Official as set out in Article II, Division 11, of this Chapter.

(8)

Electrical work. Electrical Permits are required to erect, install, enlarge, alter, Repair, remove, convert or replace any electric system, as set out in Section 8-133 and as specified in the applicable International Code adopted by the City in Chapter 8.

(9)

Fences and walls. Fence Permits are required for the construction of Fences and walls, as set out in Section 8-165.

(10)

Mechanical work. Mechanical Permits are required to erect, install, enlarge, alter, Repair, remove, convert or replace any mechanical system in a Building, including maintenance work and Repair work where mechanical systems, gas systems or boilers are altered, replaced or rearranged, as specified in the applicable International Code adopted by the City in Chapter 8.

(11)

Outdoor lighting. Outdoor Lighting Permits are required for installation of all new outdoor lighting and all replacement outdoor lighting when an Electrical Permit is required by Chapter 8, as set out in Article II, Division 9, of this Chapter.

(12)

Plumbing work. Plumbing Permits are required to erect, install, enlarge, alter, Repair, remove, convert or replace any gas or plumbing system in a Building, as specified in the applicable International Code adopted by the City in Chapter 8.

(13)

Roof work. Roofing Permits are required to remove existing roof coverings, to Repair any damaged substrate, to install a new roof covering, and/or to install an additional roof covering over a prepared existing roof covering without removing the existing roof covering, as specified in the applicable International Code adopted by the City in Chapter 8. Notwithstanding the foregoing, replacement of 25 percent or less of an existing roof with like roofing materials does not require a Roofing Permit when such work does not involve any of the following:

a.

Installation, removal or cutting of any structural beams;

b.

Joist replacement; or

c.

Bearing support.

(14)

Solar Energy Systems. Solar Energy System Permits are required for installation of Solar Energy Systems, as set out in Article II, Division 12, of this Chapter.

(15)

Swimming pools. Swimming Pool Permits are required for construction of swimming pools, as set out in Section 8-201.

(a)

Application. The City shall examine or cause to be examined all applications for Building Permits and amendments thereto within a reasonable period of time after filing. If the application or construction documents do not meet the requirements of the City, the application shall be rejected, in writing, stating the reasons therefor. If the City requirements have been met, the City shall issue a Building Permit as soon as practicable.

(b)

Requirements. A Building Permit shall be required:

(1)

Whenever required by the International Building Code, the International Residential Code, the International Mechanical Code, the International Plumbing Code, the International Existing Building Code, and/or the International Fuel Gas Code, each as applicable and each as modified and adopted by the City in Chapter 8, including whenever any Building is to be constructed, moved, or altered structurally;

(2)

Whenever a Parking Lot is to be constructed or have access points or loading/unloading spaces changed;

(3)

Whenever a change in drainage is proposed.

(c)

Procedures. Application for a Building Permit shall be made with the Director of Public Works on forms provided by the City. The applicant must have first obtained a Certificate of Approval from the Building Commission for the proposed construction if required by Article V of this Chapter. Administrative review of the application shall begin upon submittal of the complete application and the required application fee. To be considered complete, the following supporting information must accompany the application.

(1)

For Single-Family and Two-Family Dwellings.

a.

A survey, prepared by a licensed surveyor registered in the State, of the boundaries of the Lot on which the improvement is to be located, provided that no survey shall be required for the location of a permitted portable Accessory Building.

b.

Two complete sets of construction documents.

c.

A plot plan, drawn to scale, showing the location of the Structure on the Lot, all Easements, Setbacks, Curb cuts, and driveways. Every Dwelling shall have direct access to either a dedicated public Street or an approved private Street that has been constructed to the minimum standards established by the City.

d.

Post-construction drainage information, after permanent and final stabilization has taken place, including grading plans, to show that stormwater will be directed to the Street, to an improved drainage Structure in a recorded Easement, or to natural drainage patterns at the rear or side of the Lot, if requested by the City.

e.

A Landscape Plan as required by Article II, Division 8, of this Chapter.

f.

An Outdoor Lighting Plan as required by Article II, Division 9, of this Chapter.

(2)

For multifamily (three or more), commercial, and public Buildings, and all public and private institutional development.

a.

A survey, prepared by a licensed surveyor in the State, of the boundaries of the Lot on which the improvement is proposed to be located.

b.

Two complete sets of construction plans, including structural, civil, mechanical, electrical, and fire protection plans, prepared in accordance with applicable City Codes and Ordinances.

c.

Two copies of a plot plan, drawn to scale, showing the following information on one or more sheets:

1.

The exact size, shape, and dimensions of the Lots proposed to be built on, with a notation of the total square feet of Lot Area.

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 any Building or Structure proposed to be Repaired, altered, or moved.

3.

A declaration of the existing and intended use of each existing or proposed Building or Structure on the Lot, and, if possible, the number of families or Dwelling Units which each existing and proposed Building or Structure is designed to accommodate.

4.

Adjacent Street and Alley rights-of-way, showing Curb cuts or proposed points of ingress and egress, and dimensions of driveways. Every Dwelling Unit shall have direct access to either a dedicated public Street or an approved private Street that has been constructed to the minimum standards established by the City.

5.

A Landscape Plan as required by Article II, Division 8, of this Chapter.

6.

Vehicle Parking and loading areas, including the delineation of all aisle widths, and specifications for depth and type of paving.

7.

Location of walkways and steps, including all information necessary to show conformance with access requirements for disabled Persons.

8.

A drainage plan, showing the size and location of existing and proposed stormwater Structures, Floodplain area if applicable, topographic contours at two-foot intervals, and post-construction drainage information after permanent and final stabilization has taken place, including proposed grading plans to show that stormwater will be directed to the Street, to a drainage Structure in a recorded Easement, or to natural drainage patterns at the rear or side of the Lot. The City may require that stormwater detention be provided.

9.

Location, dimensions, and type of all Easements situated on or adjoining the Property.

10.

Front, Side and Rear Yard Setbacks, illustrated in feet.

11.

Location of exterior lighting, screening, open space, and solid waste collection methods.

12.

Location and size of existing or proposed Utility Services.

13.

Persons performing Parking Lot and driveway resurfacing and restriping shall not be required to submit the full list included in this subsection (c)(2)c but shall be required to submit satisfactory information to verify the proper handling of drainage, that the number of Parking Spaces will not be reduced below the minimum standards established by the City, and that the Landscaping requirements of this Chapter have been met or will be met prior to completion of the improvements.

14.

An Outdoor Lighting Plan as required by Article II, Division 9, of this Chapter.

(d)

Expiration and limitations. All Building Permits shall be issued subject to expiration and modification under the following conditions:

(1)

Any Building Permit issued pursuant to this Chapter shall become invalid if the authorized work is not commenced within six months from the date of issuance. The Building Permit may be extended by the City prior to expiration.

(2)

Such permit shall also expire and become invalid if such authorized work is suspended or abandoned for a period in excess of 30 days. Thereafter, a new Building Permit will be required.

(e)

Certificate of Approval. In all instances for which Article V of this Chapter requires a Certificate of Approval, a Certificate of Approval shall be required before a Building Permit may be issued.

(Code 1992, § 25-80; Code 2013, § 50-188; Ord. No. 803, § 2, 11-17-1998; Ord. No. 807, § 13, 4-13-1999; Ord. No. 902, §§ 4, 5, 11-13-2007; Ord. No. 904, § 5, 2-12-2008; Ord. No. 1148, § 1, 10-9-2018; Ord. No. 1168, § 6, 11-19-2019; Ord. No. 1177, § 7, 3-10-2020; Ord. No. 1196, § 1, 11-9-2021; Ord. No. 1222, § 2, 1-10-2023; Ord. No. 1229, § 2, 4-11-2023)

(a)

Applications. Applications for the Mechanical Permits, Electrical Permits, Plumbing Permits, Concrete Permits, and Roofing Permits shall be filed with the City on forms provided by the City Clerk. Two originals and a digital version of the application and all required documents must be submitted. Applications must be certified by the Owner of the Property. All information specified in the application form must accompany the application.

(b)

Review. The City shall examine or cause to be examined all applications for Mechanical Permits, Electrical Permits, Plumbing Permits, Concrete Permits, and Roofing Permits and amendments thereto within a reasonable period of time after filing. If the application or required documents do not meet the requirements of the City, the application shall be rejected, in writing, stating the reasons therefor. If the City requirements have been met, the City shall issue the applicable Permit as soon as practicable.

(c)

Expiration and limitations. All Mechanical Permits, Electrical Permits, Plumbing Permits, Concrete Permits, and Roofing Permits shall be issued subject to the applicable provisions setting out limitations and expiration timeframes as set out in Sections 8-24 and 8-25.

(a)

If a Business Property, (including leased retail and office space), becomes vacant; or a Building Permit has been issued or required for structural modifications; or there has been a change in Zoning District or use of the Property; a new Certificate of Occupancy shall be applied for and may be issued only:

(1)

After the Property has been inspected by the City for compliance with all Codes; and

(2)

The new Occupant has applied for, and been issued, any required City license by registering the name, address, telephone number, and any other relevant licensing information required by the City.

(b)

In all Zoning Districts, whenever a Building Permit has been issued for new construction, Addition or Alteration work related to existing Structures, and Codes permit continued occupancy of the existing improvements, no occupancy of the new project area shall take place until the Code Official has issued a Certificate of Occupancy. If occupancy of a Property occurs without the issuance of a Certificate of Occupancy, no new Building Permit will be issued to the general Contractor at any location within the City until all final inspections have been successfully obtained and the Certificate of Occupancy has been issued for such Property.

(c)

The Code Official may issue a Certificate of Occupancy on a Temporary basis when the Code Official has determined that:

(1)

The construction project has been substantially completed except for non-code finishing details which can be completed within 30 days; and

(2)

Occupancy does not constitute a danger to the health, safety, and welfare of the community.

(Code 1992, § 25-81; Code 2013, § 50-190; Ord. No. 803, § 2, 11-17-1998; Ord. No. 833, § 1, 12-12-2000; Ord. No. 902, § 3, 11-13-2007; Ord. No. 1149, § 8, 10-9-2018)

There is hereby created within and for the City a Planning Commission with the powers and duties as hereinafter set forth.

(Code 1992, § 25-66; Code 2013, § 50-219; Ord. No. 803, § 2, 11-17-1998)

The Planning Commission shall consist of six members who shall be Residents of the City. Each City Councilmember shall recommend two members for appointment who will then be appointed by the Mayor, with the approval of the City Council. All members of the Commission shall serve without compensation, and the members shall hold no other municipal office, except that one member may be a member of the Board of Adjustment. The term of office of each member shall be three Years or until a successor takes office; provided, however, present members of the existing Planning Commission shall continue to serve until their terms have expired. Members may be removed by the City Council for inefficiency, neglect of duty, or malfeasance in office, upon written charges and after public hearing. Vacancies occurring otherwise than through the expiration of the term of office shall be filled for the unexpired portion of the term.

(Code 1992, § 25-67; Code 2013, § 50-220; Ord. No. 803, § 2, 11-17-1998; Ord. No. 1274, § 1, 2-11-2025)

(a)

Chair. The Planning Commission shall elect a chairperson and fill such other of its offices as it may determine. The term of the chairperson shall be one Year, with eligibility for reelection.

(b)

Meetings. The Planning Commission shall schedule a regular monthly meeting which may be canceled if there is no Business to be brought before it. The Commission shall adopt rules for the Transaction of Business and shall keep a Record of its Resolutions, Transactions, findings, and recommendations. This record shall be a public Record. Four members of the Commission shall constitute a quorum for the Transaction of Business; provided, however, that no action shall be taken unless concurred in by not less than a majority of all members comprising the Commission.

(Code 1992, § 25-68; Code 2013, § 50-221; Ord. No. 803, § 2, 11-17-1998)

The Planning Commission may recommend such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be at the pleasure of the City Manager. The Commission may also recommend to the City Council the employment of City planners, engineers, architects, and consultants for such other services as it may require. The City Council may provide funds for the salaries of employees and the expenses of the Commission as for other functions of City government.

(Code 1992, § 25-69; Code 2013, § 50-222; Ord. No. 803, § 2, 11-17-1998)

The Planning Commission shall exercise all authority Heretofore or Hereafter granted by City Ordinances, and in addition, shall have the power to promote public interest in the orderly and esthetic Development of the City and to that end may Publish and distribute copies of any plan or proposal of any report, and may employ such other means of publicity and education as it may determine. It shall, from time to time, recommend to the appropriate Public Officials programs for public Structures and improvements, and for the financing thereof. It shall consult and advise with Public Officials and agencies, public utility companies, civic educational, professional, and other organizations, and with the citizens with relation to the carrying out of the orderly and esthetic Development of the City. The Commission shall have the right to accept and use gifts to the City for the exercise of its functions. All Public Officials shall, upon request, furnish the Commission within a reasonable time, such available information as it may require for its work. The Commission, its members, officers and employees in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning and carry out the purposes of this Chapter and all Ordinances granting powers to the Planning Commission.

(Code 1992, § 25-70; Code 2013, § 50-223; Ord. No. 803, § 2, 11-17-1998)

The Planning Commission may and shall from time to time reconsider and revise the Comprehensive Plan for the future growth, Development, conservation, and redevelopment and for the Districting and redistricting of the City, but in no event shall the City ever be divided into uses or Districts which will allow heavy Manufacturing, or for the drilling of wells for oil or gas, or for the operation of any oil or gas well within the limits of the City; and the drilling or operation of any oil or gas well or wells within the City is expressly prohibited; provided, further, that the City Council shall not extend, open, widen, vacate, or close any Streets, Alleys, lanes, or boulevards without the recommendation of the Planning Commission, except that the City Council may make extensions and Additions to the present Streets, Alleys, boulevards, lanes, and Parkways.

(Code 1992, § 25-71; Code 2013, § 50-224; Ord. No. 803, § 2, 11-17-1998)

(a)

Created. A Board of Adjustment is hereby created. The Board shall consist of five members, each to be appointed for a term of three years. There shall be one member of the Board from each Ward who shall be appointed by the Councilman who represents the Ward, with the approval of the City Council. There shall also be two at large members of the Board, At-Large Member # 1 and At-Large Member # 2, who shall be appointed pursuant to a rotation among the City Council members. In order to commence the rotation sequence for these appointments, the initial appointments of At-Large Member # 1 and At-Large Member # 2 going forward from the date of adoption of this Ordinance shall be as follows:

(1)

The Council member representing Ward # 3 will appoint At-Large Member # 1 for the term commencing June 1, 2024;

(2)

The Council member representing Ward # 1 will appoint At-Large Member # 2 for the term commencing June 1, 2026; and

(3)

The Council member representing Ward # 2 will appoint At-Large Member # 1 for the term commencing June 1, 2027. The City Clerk will maintain a rotation list of the Council members for such purposes.

Vacancies shall be filled for the unexpired term of any member whose office becomes vacant. Board members shall be removable for cause by the City Council, upon written charges and after public hearing.

(b)

Powers. 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 this Chapter.

(2)

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 this Chapter 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 this Chapter will result in unnecessary hardship and so that the spirit of this Chapter shall be observed and substantial justice done; provided, however, the Board shall have no power to authorize Variances as to use except as provided in Section 50-442.

(3)

Hear and decide oil or gas applications or appeals unless prohibited throughout the City by Ordinance. The Board of Adjustment shall be required to make the findings prescribed by Section 50-442 in order to grant a Variance as to use with respect to any such application or appeal.

(c)

Notice and public hearing required. Exceptions or Variances may be allowed by the Board of Adjustment only after notice and public hearing as provided in this Chapter. 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.

(Code 1992, § 25-85; Code 2013, § 50-242; Ord. No. 803, § 2, 11-17-1998; Ord. No. 807, § 14, 4-13-1999; Ord. No. 1261, § 1, 8-13-2024)

State Law reference— Similar provisions, 11 O.S. §§ 44-101, 44-102, 44-104.

(a)

When exercising the powers provided for in this Division, the Board of Adjustment, in conformity with the provisions of this Chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination from which appealed and may make such order, requirement, decision, or determination as ought to be made.

(b)

The concurring vote of at least three members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to the provisions of this Chapter.

(Code 1992, § 25-86; Code 2013, § 50-243; Ord. No. 803, § 2, 11-17-1998)

State Law reference— Similar provisions, 11 O.S. § 44-105.

(a)

The City Council may, from time to time, on its own motion, on petition from a Property Owner, or on the recommendation of the Planning Commission, amend, supplement, change, modify, or repeal (amendments) the requirements, restrictions, or Zoning District classification of Property on the Official Zoning Districts Map. No amendment shall become effective until:

(1)

The Planning Commission has reviewed the proposed change and made its recommendations;

(2)

After a public hearing is held in relation thereto, at which time the parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the date, time, and place of such hearing shall be Published in a legal newspaper having general circulation within the City. A notice of public hearing shall be mailed to all affected Property owners within 300 feet of the area which is subject to the hearing. The cost of the notice shall be paid from the fees accompanying the Zoning application.

(b)

Referral to City Council.

(1)

Whenever a proposed amendment involves a change in the language of the text of any provisions of this Chapter, it shall be referred to the Planning Commission for review at a public hearing followed by a recommendation to the City Council. A majority vote of the City Council will constitute approval or disapproval of any such amendment, regardless of the Planning Commission recommendation.

(2)

Whenever a proposed amendment involves a change to the Official Zoning Districts Map, commonly known as the rezoning or redistricting of Property, it shall be referred to the Planning Commission for review at a public hearing followed by a recommendation to the City Council. If a protest against such amendment is filed at least three days before the time of the public hearing before the City Council by the owners of 20 percent or more of the area of the Lots included in such proposed amendment or by the owners of 50 percent or more of the area of the Lots within a 300-foot radius of the exterior boundary of the territory in such proposed amendment or separated only by an Alley or Street less than 300 feet wide, such amendment shall not become effective unless approved by all members of the City Council. The requirements of this Section relative to public hearing and official notice shall apply equally to all amendments.

(3)

In addition to the notice provided for in this Section, notice of public hearing of any Zoning change shall be given 20 days prior to the hearing by mailing written notices signed by the secretary of the Planning Commission to all owners of Property within a 300-foot radius of the exterior boundary of the subject Property. The notice shall contain all of the following:

a.

The legal description of the Property and the Street address or approximate location in the City;

b.

The present Zoning of the Property and the Zoning sought by the applicant;

c.

The date, time, and place of public hearing.

(4)

In addition to the written notice requirements, notice shall also be given by posting notice of such hearing on the affected Property at least 15 days before the date of the hearing. The notice and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public Street toward which it faces. The notice shall contain:

a.

The date, time, and place of the public hearing;

b.

Who will conduct the public hearing;

c.

The desired Zoning classification;

d.

The proposed use of the Property; and

e.

Other information as deemed necessary to provide adequate and timely public notice.

(Code 1992, § 25-76; Code 2013, § 50-265; Ord. No. 803, § 2, 11-17-1998)

(a)

Appeals from the action of any City officer regarding Buildings may be taken to the Board of Adjustment by any Person aggrieved or by any officer, or Board of the City affected by any decision of such administrative officer. Such appeal shall be taken within three days from the date of such decision by filing with the officer, and with the Board of Adjustment, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment certified copies of all papers constituting the Record of the matter involved in the appeal, together with a copy of the ruling or order from which the appeal is 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, that by reason of facts stated in the Certificate, a stay would in such officer's 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 Board of Adjustment or by a Court of Record on application and notice to the officer from whom the appeal is taken and on due cause shown.

(c)

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.

(Code 1992, § 25-89; Code 2013, § 50-294; Ord. No. 803, § 2, 11-17-1998)

State Law reference— Appeals to Board of Adjustment, 11 O.S. § 44-109.

(a)

An appeal from any action, decision, ruling, judgment, or order of the Board of Adjustment may be taken to the District Court by any Person who were entitled, pursuant to 11 O.S. § 44-108, to mailed notice of the public hearing before the Board of Adjustment, by any Person whose Property interests are directly affected by such action, decision, ruling, judgment or order of the Board of Adjustment, or by the City Council, by filing with the City Clerk and with the Board of Adjustment, within ten days, a notice of appeal, which notice shall specify the grounds of such appeal. Upon filing of such notice of appeal, as herein provided, the Board of Adjustment shall forthwith 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 excepted to.

(b)

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 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. Pursuant to 11 O.S. § 44-110, the District Court will 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.

(c)

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 the City Council shall not be required to post a bond. Subject to 12 O.S. § 990.3A, 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.

(Code 1992, § 25-90; Code 2013, § 50-295; Ord. No. 803, § 2, 11-17-1998; Ord. No. 993, § 1, 8-13-2013; Ord. No. 1078, § 1, 8-9-2016)

State Law reference— Appeals from Board of Adjustment, 11 O.S. § 44-110.

The Code Official and other officials designated by the City are responsible for enforcing this Chapter. All departments, officials, and employees vested with authority to review, recommend or issue Permits or licenses under this Chapter must act in accordance with it.

Unless otherwise expressly allowed by this Chapter or State Law, violations of this Chapter are subject to the remedies and penalties provided for in this Chapter. Such violations include:

(1)

Using land, Buildings or other Structures in any way that is not consistent with the requirements of this Chapter;

(2)

Erecting a Building or other Structure in any way not consistent with the requirements of this Chapter;

(3)

Installing or using a sign in any way not consistent with the requirements of this Chapter;

(4)

Using a Building, Structure or land, using or installing a sign, or any other activity requiring one or more Permits or approvals under this Chapter without obtaining such required Permits or approvals;

(5)

Using a Building, Structure or land, using or installing a sign, or any other activity for which a Permit or approval has been granted under this Chapter or under previous Zoning Codes of the City in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;

(6)

Violating the terms of any permit or approval granted under this Chapter or under previous Zoning Codes of the City or any condition imposed on the permit or approval;

(7)

Obscuring, obstructing or destroying any notice required to be posted under this Chapter;

(8)

Violating any lawful order issued by any authorized public official;

(9)

Continuing any violation after receipt of notice of a violation; or

(10)

Failing to install or maintain required Landscaping and screening material.

Any Building or other Structure hereafter erected or constructed within the limits of the City in violation of this Chapter shall be deemed to be a nuisance, and same is hereby declared a nuisance. Such nuisance may be abated by the City or by any Resident of the City in the manner as provided for the abatement of nuisances.

(Code 1992, § 25-96; Code 2013, § 50-324; Ord. No. 803, § 2, 11-17-1998)

If proper erosion and soil control measures are not in place during any development or construction period, as required by Section 50-500, it shall be unlawful for the builder/developer to engage in development or construction activities and to do so shall constitute an offense for which code enforcement officials may issue citations.

Each day that a violation continues constitutes a separate and district offense.

The City has all remedies and enforcement powers allowed by Law, including all of the following:

(1)

General. Any Person violating any provisions of this Chapter or failing to comply with any of its requirements shall be punished as set out in Section 1-16.

(2)

Withhold permit.

a.

The Code Official may deny or withhold all Permits, Certificates or other forms of authorization on any land or Structure or improvements upon which there is an uncorrected violation of a provision of this Chapter or of a condition or qualification of a Permit, certificate, approval or other authorization previously granted by the City. This enforcement provision may be used regardless of whether the current Owner or applicant is responsible for the violation in question.

b.

The Code Official may deny or withhold all Permits, Certificates or other forms of authorization on any land where an uncorrected violation exists. The Code Official may also withhold all Permits, Certificates or other forms of authorization on any other land owned by the Owner of land on which an uncorrected violation exists. This enforcement provision may be used regardless of whether the Property for which the permit or other approval is sought is the Property in violation.

c.

Instead of withholding or denying a Permit or other authorization, the Code Official may grant such authorization subject to the condition that the violation be corrected.

(3)

Revoke Permits.

a.

A Permit, certificate or other form of authorization required under this Chapter may be revoked by the Code Official when the Code Official determines:

1.

That there are unapproved significant, material departures from approved plans or Permits;

2.

That the development permit was procured by false representation or was issued by mistake; or

3.

That any of the provisions of this Chapter or approval previously granted by the City are being violated.

b.

Written notice of revocation must be served upon the Owner, the Owner's agent or contractor, or upon any Person employed on the Building or Structure for which such permit was issued. If no Persons can reasonably be served with notice, the notice must be posted in a prominent location.

(4)

Stop work. With or without revoking Permits, the Code Official may stop work on any Building or Structure on any land on which there is an uncorrected violation of a provision of this Chapter or of a Permit or other form of authorization issued under this Chapter or previous Zoning Codes.

(5)

Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Chapter or of a Permit, certificate or other form of authorization granted under this Chapter or previous Zoning Codes.

(6)

Forfeiture and confiscation of signs on public Property. Any sign installed or placed on public Property, except in compliance with the regulations of this Chapter, will be considered forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this Chapter, the City has the right to recover from the sign owner or Person who placed the sign, the full costs of sign removal and disposal.

(7)

Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(8)

Other penalties, remedies and powers. The City may seek such other penalties and remedies as are provided by Law.

(9)

Continuation of previous enforcement actions. Nothing in this Chapter prohibits the continuation of previous enforcement actions, undertaken by the City pursuant to previous valid Ordinances and Laws.

The remedies and enforcement powers established in this Chapter are cumulative, and the City may exercise them in any combination or order.

The Owner or Tenant of any Building, Structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other Person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies, and enforcement actions.

(a)

Non-emergency matters. In the case of violations of this Chapter that do not constitute an emergency or require immediate attention, the Code Official must give notice of the nature of the violation to the Property Owner by personal service, U.S. first class mail or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

(b)

Emergency matters. In the case of violations of this Chapter that constitute an emergency situation as a result of public health or safety concerns if not remedied immediately, the City may use the enforcement powers available under this Chapter without prior notice, but the Code Official must attempt to give notice to the Property Owner simultaneously with beginning enforcement action.

A determination made by the Code Official or other administrative officials that a Zoning Code violation has occurred may be appealed by the affected party in accordance with Division 6 of this Article.