(a)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law.

(b)

It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions on interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and

(2)

Establishing a schedule of fees and charges as stated in section 98-30.

(Zoning Ord. 1973, § 17)

(a)

An administrative official designated by the city council shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the city council may direct.

(b)

If the administrative official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Zoning Ord. 1973, § 15.1)

The city council shall establish a schedule of fees, charges, and expenses for building permits, certificates of zoning compliance, appeals and other matters pertaining to this Code. A fee shall be collected according to a schedule of fees as shall be modified from time to time by the city council, and made available for public viewing in the city clerk/treasurer's office.

(Zoning Ord. 1973, § 18; Ord. No. 392, § 1, 12-1-2009)

Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and not other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be unlawful.

(Zoning Ord. 1973, § 15.6)

(a)

Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this chapter, unless he receives a written order from the board of adjustment in the form of an administrative review, special exception, or variance as provided by this chapter. An addition to single family structure will require only a sketch plan to approximate scale.

(b)

Application.

(1)

All applications for building permits shall be accompanied by plans in triplicate drawn scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

(2)

One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

(c)

Expiration of building permit.

(1)

If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the administrative official; and written notice thereof shall be given to the persons affected.

(2)

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building has been obtained.

(Zoning Ord. 1973, §§ 15.2, 15.3, 15.5)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted of wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the administrative official stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(c)

A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(d)

The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

(Zoning Ord. 1973, § 15.4)

The city council may by ordinance, after recommendation thereon by the city planning commission and subject to the procedure provided in this article, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this chapter or amended thereby. It shall be the duty of the city planning commission to submit to the city council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by motion of the city council or by the filing of an application therefor.

(Zoning Ord. 1973, § 6.1)

Applications for any change of district boundaries or classifications of property as shown on the zoning maps, and for regulation amendments, shall be submitted to the city planning commission, at its public office, upon such forms, and accompanied by such data and information, as may be prescribed by the city planning commission, to ensure the fullest practicable presentation of facts for the permanent record. Applications for amendments or district changes initiated by the city planning commission or city council shall be accompanied by a resolution of record of either body pertaining to such proposed amendment.

(Zoning Ord. 1973, § 6.2)

(a)

Before submitting its recommendations to the city council, the city planning commission shall hold at least one public hearing thereon, notice of which shall be given by one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the city at least 15 days before the date of such hearing. The notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in the area.

(b)

In addition to the notice required in subsection (a) of this section, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. For purposes of this subsection, the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.

(Zoning Ord. 1973, § 6.3)

State Law reference— Similar provisions, 11 O.S. § 43-104.

After receiving from the planning commission the certification of said recommendations on the proposed amendment or supplement, the city council shall vote on the passage of the proposed amendment of the said text of the ordinance or the zoning map. In case of written protest against any proposed change, signed more than three days prior to said public hearing by the owners of 20 percent or more of the area of land in such proposed change, 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 included in such proposed change, or separated therefrom only by a street or alley only by the favorable vote of three-fifths of all members of the city council.

(Zoning Ord. 1973, § 6.4)

State Law reference— Similar provisions, 11 O.S. § 43-105(B).

(a)

Notice of public hearing.

(1)

Except as authorized in subsection (b) of this section, in addition to the notice requirements provided for in section 98-59, notice of a public hearing on any proposed zoning change, except when acting pursuant to subsection (b) of this section, shall be given 20 days prior to the hearing by mailing written notice by the secretary of the planning commission to all the owners of real property as provided for in section 98-60. In addition to the notice required in this subsection, if the zoning change requested permits the use of treatment facilities, multiple-family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the zoning change shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice. The notice shall contain the:

a.

Legal description of the property and the street address or approximate location in the city;

b.

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

c.

Date, time, and place of the public hearing.

(2)

In addition to written notice requirements, notice may also be given by posting notice of the hearing on the affected property at least 20 days before the date of the hearing.

(3)

For purposes of this subsection (a), the term "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.

(b)

If the city proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the governing body may require, in addition to the notice requirements provided for in section 98-59, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign 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 state:

(1)

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

(2)

Who will conduct the public hearing;

(3)

The desired zoning classification;

(4)

The proposed use of the property; and

(5)

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

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

Whenever the city council has taken under advisement change or amendment of the zoning map from a less restricted district to a more restricted district classification, as evidence by resolution of record, no zoning clearance permit or building permit shall be issued within 60 days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.

(Zoning Ord. 1973, § 6.5)

All meetings of the planning commission or board of adjustment shall be open to the public.

(Zoning Ord. 1973, § 6.6)

State Law reference— Oklahoma Open Meetings Act, 25 O.S. § 301 et seq.

A board of adjustment is hereby established, which shall consist of five members to be appointed by the city council, each for a term of three years. Members of the board of adjustment may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the city council for the expired term of the member affected.

(Zoning Ord. 1973, § 16)

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

(a)

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations and voting of the board shall be open to the public.

(b)

The board of adjustment 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 a public record and be immediately filed in the office of the board.

(Zoning Ord. 1973, § 16.1(1))

State Law reference— Similar provisions, 11 O.S. § 44-103.

(a)

Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

(b)

The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:

(1)

Legal description of the property and the street address or approximate location in the city;

(2)

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

(3)

Date, time and place of the hearing.

(c)

On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten days prior to the hearing and shall contain the facts listed in subsection (b) of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the city council.

The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter.

(2)

Special exception; conditions governing applications; procedures. To authorize in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where 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. To hear and decide special exceptions to this chapter 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. A special exception shall not be granted by the board of adjustment unless and until a written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is required.

(3)

Variances; conditions governing applications; procedures. To authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of this provision 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 (3)a of this section. A variance from the terms of this chapter shall not be granted by the board of adjustment unless and until:

a.

A written application for a variance is submitted demonstrating the following. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

1.

The application of the ordinance to the 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 ordinance or the comprehensive plan.

b.

Notice of public hearing shall be given as in section 98-89(a).

c.

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

d.

The board of adjustment shall make findings that the requirements of section 98-29 have been met by the applicant for a variance.

e.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

f.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(4)

Additional provisions relative to variances.

a.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be unlawful.

b.

Under no circumstance shall the board of adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(5)

Oil and gas. To hear and decide oil and/or gas applications or appeals, the board of adjustment shall be required to make the findings prescribed by subsection (3) of this section in order to grant a variance as to use with respect to any such application or appeal.

(6)

Board has power of administrative official on appeals; reversing decision of administrative official.

a.

In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, 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 the powers of the administrative official from whom the appeal is taken.

b.

The concurring vote of at least three members of the board shall be necessary to reverse any order, requirements, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.

(Zoning Ord. 1973, § 16.2)

State Law reference— Similar provisions, 11 O.S. §§ 44-104, 44-105.

(a)

Hearings; appeals; notice.

(1)

Appeals to the board of adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the city affected by any decision of the administrative official. Such appeals shall be taken within 60 days by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the board certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.

(2)

The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice of said hearing by publishing in a newspaper circulated in the city, as well as making or serving on all parties interested, a copy of the notice. The notice provided herein shall contain the time and place of the hearing, a brief description of the decision or action appealed from, and the appealing party. Said notice shall be published and mailed or served as above not less than 15 days prior to the hearing. At the hearing, any party may appear in person or by agent or attorney. The board of adjustment shall render its decisions in writing within a reasonable time.

(b)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(c)

Appeals from the board of adjustment. Any person, or any board, taxpayer, department, board, or bureau of the city aggrieved by any decision of the board of adjustment may seek review by the district court in the manner provided by the laws of the state.

(Zoning Ord. 1973, §§ 16.1(2), (3), 16.3)

State Law reference— Similar provisions, 11 O.S. § 44-108; appeals, 11 O.S. §§ 44-109, 44-110.