Perry City Zoning Code

It shall be the duty of the zoning administrator to enforce this chapter. If the zoning administrator 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 as is authorized by law to ensure compliance with or to prevent violation of its provisions.

The zoning clearance permit is a permit issued by the zoning administrator which states that a particular development meets all of the requirements of the zoning chapter. It is not a building permit and does not authorize construction; it certifies that the land or structure is in conformance with the terms of this zoning chapter.

No building or other structure shall be erected, moved, constructed, enlarged or altered in such manner as to prolong the life of the building nor shall the use of any land or building or other structure be changed without a zoning clearance permit being issued authorizing such construction, alteration, erection, moving, or enlargement, or use changes as being in compliance with the provisions of this chapter. No building permit shall be issued for any new construction not conforming to a valid zoning clearance permit.

No change shall be made in the use of any land or building or structure after the passage of this chapter until a zoning clearance permit has been obtained, certifying that all the provisions of this chapter have been complied with.

An application for a zoning clearance permit shall be made to the zoning administrator by the owner or proposed occupant of the building or land to be occupied or used, and the application shall state the location and legal description of the property and set out in detail the character and nature of the use to be conducted thereon. Within three (3) days, the zoning administrator shall grant or deny the zoning clearance permit in accordance with the terms of this Section.

All applications for zoning clearance permits shall be accompanied by a drawing drawn to reasonably describe the addition or improvement on suitable paper, showing the actual dimensions of the lot to be built upon, the size and location of the building to be erected, and such other information as may be necessary to satisfy the requirements of these regulations. If there is to be an alteration in topography a plat plan is required to be furnished.

Zoning clearance permits shall be issued without charge.

   A.   The building permit is issued by the building inspector appointed by the City Council of the city.

   B.   Whenever any structure or building is to be built, erected, enlarged, or have such building or structure's roofline extended, a building permit shall be obtained from the building inspector. The applicant shall furnish the following information:

   1.   A drawing drawn to reasonably describe the addition or improvement showing the exact size, shape, and dimensions of the lot to be built on, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be altered, erected or moved, and the ways of ingress and egress. If there is to be an alteration in topography, a plat plan is required to be furnished;

   2.   A copy of the zoning clearance permit issued by the zoning administrator if the building inspector so requires; and

   3.   Additional information relating to the proposed improvement needed to determine compliance with this Section, including a survey, prepared by an engineer registered in the State of Oklahoma, of the boundaries of the lot on which the improvement is proposed to be located may be required by the building inspector where the boundaries of the lot are not clearly defined by survey pins and monuments.

A violation of this chapter shall be deemed a violation of the code of the city and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be punished as provided in Section 1-108 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

The regulations, restrictions, prohibitions and limitations imposed and the districts created 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 City Council a report and recommendation on the proposed change.

An owner or his duly authorized agent or representative may make application for the amendment of the zoning restrictions applicable to his property by filing with the planning commission a written application in such form and content as the planning commission may by resolution establish. The applicant shall pay the fee as set out in this Code and shall further pay any and all costs of publication.

   A.   Parties in interest and citizens shall have an opportunity to be heard at a public hearing before the planning commission on any application, and before any district regulation, restriction, or boundary shall become effective. Upon receipt of an application, the planning commission shall set a date for public hearing not less than twenty (20) days nor more than sixty (60) days from the date of filing. At least fifteen (15) days’ notice of the date, time and place of the hearing shall be published in a newspaper of general circulation in the city. 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.   Except as authorized in subsection C of this section, in addition to the notice requirements provided for in subsection A hereinabove, a notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection C of this section, shall be given twenty (20) days prior to the hearing by mailing written notices by the secretary of the planning commission, to all the owners of real property within a three hundred (300) feet radius of the exterior boundary of the territory contained in the application. The application submitted by the applicant shall contain a certified abstractor's, registered professional engineer's or registered land surveyor's list of the names of all property owners within such area; no application shall be accepted without such list. The applicant shall also pay the Re- zoning Application Fee in the amount as provided by Chapter 18, Section 12-311. The notice shall contain the following:

   1.   Legal description of the property and the street address or approximate location of the municipality;

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

   3.   Date, time, and place of the public hearing.

Additional notice shall also be given by posting the notice of the hearing on the affected property at least twenty (20) days before the date of the hearing.

   C.   If the planning commission or the city proposes reclassification 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 flood plains, drainage, historic preservation, and blighted areas, the planning commission or City Council shall require, in addition to the notice requirements provided for in subsection A hereinabove, 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 or streets 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.

   D.   In addition to the notices required by Subsection B & C hereinabove, 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 non-medical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within thirty (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, "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.

   A.   After notice and public hearing, the planning commission shall vote to:

   1.   Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification; or

   2.   Recommend to the City Council that the application be denied.

   B.   An application recommended for approval, or approval subject to modification, shall be transmitted to the city with the report and recommendation of the planning commission within fifteen (15) days from the date of planning commission action.   

   C.   An application recommended for denial shall be transmitted to the city with the report and recommendation of the planning commission within fifteen (15) days from the date of planning commission action.

The City Council shall hold a hearing on each application regularly transmitted, and on each application which has been transmitted pursuant to an appeal as provided for in Section 12-313. The City Council shall approve the application as submitted and recommended by the planning commission, or approve the application subject to modification, or deny the application, or return the application to the city planning commission for further study.

   A.   Protests against the proposed changes in regulations, restrictions and district boundaries in the city shall be filed at least three (3) days before the date of the public hearing before the City Council. If protests are filed by:

   1.   The owners of twenty percent (20%) or more of the area of the lots included in a proposed change; or

   2.   The owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change;

then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council.

No application for rezoning, or use by review or site plan review which is denied by action of the City Council shall be subject to a re-review or a subsequent application for at least one year (1) after its denial, unless:

   1.   Specially approved by the City Manager and the City Council;    

   2.   Such action is brought by a subsequent property owner or agent of such subsequent owner; or   

   3.   The application requests a different zoning reclassification.   

The subdivision regulations of the city, as adopted by Ordinance Number 2786, February 4, 1980, and as amended from time to time, are hereby adopted and incorporated herein by reference, applicable in the city as fully as if set out at length herein. A copy of the subdivision regulations is on file in the office of the city clerk. Any violation of the subdivision regulations of the city is punishable as provided in Section 1-108 of this code.

   A.   Definitions. For purpose of this Section, the following words shall have the following meanings:

      1.   “Close” shall mean the legislative act of the City Council discontinuing the public use of a public way or easement without affecting title to real property.

      2.   “Vacate” shall mean the termination, by written instrument, as provided by 11 O.S. §42-106, or judicial act of the Noble County District Court, of private and/or public rights in a public way, easement, or plat and vesting title in real estate in private ownership.

      3.   “Public way” shall mean a street, avenue, boulevard, alley, lane, or thoroughfare open for public use.

      4.   “Easement” shall mean rights in real property as set forth in 60 O.S. §49.

   B.   Application and Fee. Any person, firm or corporation owning any real property in the City who desires to close a public way or easement abutting such real property shall file an application with the City Clerk and pay an application fee of One Hundred Dollars ($100.00). The application shall include a metes and bounds description of the public way or easement sought to be closed, the reason for such request for closing and whether the applicant intends to seek to vacate the real property.

   C.   Procedure. Upon receipt of such application and fee, the City Clerk shall send a copy of the application to the City Manager or designee, Electric Superintendent, Police Chief, Fire Chief, Water and Sewer Superintendent. If the department heads approve the application, they shall acknowledge their approval with their signature; if any such department head has any specific concerns about the request, the department head shall forward the written concerns to the City Manager. Upon receipt of any such written concerns, the applicant shall be advised and, if possible, the concerns should be resolved by negotiation. In any event, the City Clerk shall thereafter prepare and mail a notice of closing of the public way or easement which provides for the date, time and location for a public hearing before the City Council on the application. The hearing before the City Council shall be set at least thirty (30) days after the date of mailing the notice. The notice shall contain the date of the hearings, information from the application and the ordinance proposing to close the public way or easement. The notice with the proposed enclosed ordinance shall be mailed by the City Clerk to the telephone, cable, electric, water, sewer, natural gas, solid waste companies, internet companies, and any other holder of a city franchise. The City Council hereby legislatively determines that in addition to the above persons and entities required to receive notice, any person, firm, or corporation owning real property which is adjacent or abutting to the public way or easement sought to be closed shall receive a copy of the notice and ordinance.

   D.   Hearing. After conducting the hearings set out in subsection C, the City Council by ordinance may close to the public use any public way or easement within the City whenever necessary or expedient. The ordinance shall provide that the City retains the absolute right to reopen the public way or easement without expense to the City until and unless the public way or easement is vacated by the Noble County District Court. The public way or easement may be reopened by ordinance whenever:

      1.   The City Council deems it necessary; or

      2.   An application of property owners owning more than one- half in area of the property abutting on the public way or easement previously closed is filed with the City Council.

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