Perkins City Zoning Code

The city may close to the public use any public way or easement within the city whenever deemed necessary or expedient, through the adoption of an ordinance by the city commission to effect such closing. Prior to the adoption of any ordinance closing any public way or easement, the question shall be submitted to the planning commission for investigation and report. (Ord. 522, 2-10-2026)

For the purpose of this chapter, the following words shall have the meanings provided below:

   CLOSE: A legislative act of the governing body of the city discontinuing the public use of a public way or easement without affecting title to real property.

   PUBLIC WAY: A street, avenue, boulevard, alley, lane, or thoroughfare open for public use.

   EASEMENT: Rights in real property as set forth in Title 60, Section 49 of the Oklahoma Statutes. (Ord. 522, 2-10-2026)

Any person or entity seeking to close a public way or easement shall file with the city clerk an application containing the following information:

   1.   The name and address of the party making application;

   2.   A plot, plan or other representative sketch or drawing depicting distances and points of the compass and showing the location of the area of the public way or easement;

   3.   The legal description of the public way or easement to be closed;

   4.   The reason for which closure is sought;

   5.   If the easement or public way was established by any instrument (other than a subdivision plat) filed in the office of the Payne County clerk, a copy of such instrument duly certified by the Payne County clerk;

   6.   If the easement or public way was established by statutory dedication pursuant to a recorded subdivision plat, the name of the subdivision and plat number;

   7.   A list, certified by a bonded abstractor, containing the names and address of all owners of records, as shown by the current year's tax rolls in the office of the Payne County treasurer, or property abutting the public way and such other owners of record whose property is within three hundred feet (300') in any direction from the public way sought to be closed; and

   8.   Such additional information as may be determined by the city clerk or his/her designee to be necessary for evaluating the application.

The city commission may set an application fee for the submission of an application for closure of a public way or easement by resolution. (Ord. 522, 2-10-2026)

Written notice of any proposed closing of a public way or easement shall be given to any holder of a franchise, to all owners of record, as shown by the current year's tax rolls in the office of the Oklahoma County treasurer, whose property is within three hundred (300) feet in any direction from the public way or easement, and to any other party who may have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement. Said notice shall be given at least thirty (30) days prior to any public hearing providing for the closing of a public way or easement. (Ord. 522, 2-10-2026)

During the time between the submission of the completed application and the meeting of the planning commission, the city clerk shall forward a copy of the application to the city attorney who shall review the application for completeness and verify the inclusion of all affected parties in the application for purposes of notice. If the city attorney shall find that the application is not properly completed or that any interested owner entitled to notice as described above has not been listed in the application, the application shall be sent back to the city clerk who shall then take consideration of the application off the agenda for the planning commission meeting and return the application to the party making the application with a letter of denial of the application stating the reasons given by the city attorney for denial and informing the said party that the application fee has been forfeited and that reapplication must be submitted with an additional application fee. (Ord. 522, 2-10-2026)

Prior to the passage of any ordinance providing for the closure of a public way or easement, the planning commission of the City of Perkins shall conduct a public hearing to allow consideration, investigation, and public input tending to the proposed street closure. The planning commission shall approve or deny any proposed street closure. The denial of an application to close a street shall be permitted to be appealed to the city commission. (Ord. 522, 2-10-2026)

Upon the receipt of the approval of the planning commission of an application for the closure of a public way or easement, the city commission shall adopt an ordinance formally closing said public way or easement at the next regularly scheduled meeting of the city commission. Upon the receipt of an appeal of a denial of an application for public way or easement closure by the planning commission, the city commission shall conduct a public hearing at the next regularly scheduled city commission meeting to allow further consideration, investigation, and public input tending to the application and shall approve or deny the application. The decision of the city commission shall be final, and if the application is denied the applicant may not reapply for closure of a public way or easement for a period of two (2) years unless a permanent and material change in fact or circumstance occurs. (Ord. 522, 2-10-2026)

The city may retain the absolute right to reopen a public way or easement without expense to the city. A public way or easement may be reopened by ordinance whenever:

   1.   The city commission deems it necessary or appropriate; or

   2.   An application of the property owners owning more than one-half (½) in area of the property abutting on the public way or easement previously closed is filed with the governing body. (Ord. 522, 2-10-2026)

Closing of a public way or easement shall not affect the right to maintain, repair, reconstruct, operate, or remove utility, public service corporation or transmission company facilities or service therein, nor shall a closing affect private-ways, existing by operation of law unless released in a writing executed by the owners thereof. (Ord. 522, 2-10-2026)