There is hereby created a planning commission of the City, which shall consist of five (5) residents of the city, nominated by the Mayor and confirmed by the City Council. The members of the commission shall be nominated and appointed solely with reference to their fitness and without reference to party affiliation and shall serve without compensation. Members may be removed by the City Council only for inefficiency, neglect of duty or malefaction in office.

Note: Section amended from six (6) to five (5) members by Ordinance No. 2005-36 adopted on December 15, 2005.

Appointive members of the city planning commission shall hold office for a term of three (3) years with the exception that beginning with the initial appointments made on or after December 15, 2005, two (2) shall be appointed to serve a term of two (2) year and two (2) for a term of three (3) years; appointments thereafter shall be made for a term of three (3) years. When a vacancy occurs, the appointment shall be made to fill the unexpired term by the Mayor, with confirmation by the City Council.

The Mayor and the city engineer shall be ex officio members of the city planning commission but shall receive no compensation other than their affixed salary as such officials.

A majority of the members of the planning commission shall constitute a quorum for the transaction of business. No action shall be taken and be binding upon the city planning commission unless concurred in by not less than a majority of the quorum.

The members of the city planning commission shall meet and organize by electing a chairman, a vice-chairman, and secretary, whose terms shall be one year with eligibility for re-election. The commission shall adopt from time to time such bylaws, rules, and regulations and amendments thereto as may be necessary to effectuate the purposes of this chapter.

The planning commission shall have the power and authority to employ planners, engineers, attorneys, clerks, and other help deemed necessary within the limits of the appropriation fixed by the City Council. The salary and compensation of such employees shall be fixed by the City Council and shall be paid out of the city treasury as are other officers and employees. The city planning commission may incur necessary expenses within the limits of its appropriation to carry out its purposes and responsibility.

The planning commission shall have the power and the duty to prepare and recommend to the City Council for adoption a comprehensive plan for the physical development of the city. In conducting its work, the planning commission may consider and investigate any subject matter tending to the development and betterment of such municipality and may make recommendations as it may deem advisable concerning the adoption thereof to the City Council. The planning commission may make or cause to be made surveys, studies, maps, and plans in the conduct of its activities. Before final action is taken by the City Council on the location or design of any public building, statute, memorial, park, boulevard, street and alley, playground, public grounds, bridge or change in any location of any street or alley such question shall be submitted to the planning commission for investigation ad report. In the preparation of the comprehensive plan the planning commission may from time to time prepare and recommend to the City Council for adoption a part or parts thereof, which parts shall cover one or more major geographical divisions of the city or one or more major elements of the comprehensive plan. The planning commission may from time to time recommend extending, amending, or changing any portion of the comprehensive plan.

In the preparation of such plan, the planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city, and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city, and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds.

The planning commission may prepare and recommend to the City Council for adoption rules and regulations governing the subdivision of land within the corporate limits of the city. All plans, plats, or replats of land laid out in two (2) or more lots, plats, or parcels, or streets, or other ways intended to be dedicated to public use within the corporate limits of the city shall first be submitted to the planning commission for its recommendations. The planning commission shall, with the help of appropriate municipal officials, check the proposed dedications or subdivision of land to ensure compliance with the rules and regulations governing subdivisions of land and with other elements of the comprehensive plan for the city. The disapproval of any such plan, plat, or replat by the City Council shall be deemed a refusal of the dedications shown thereon. No plat or replat of subdivision of land, or dedication of street or alley or other easement shall be entitled to record unless it bears the signature of the Mayor, attested by the city clerk, certifying the approval and acceptance thereof by the City Council.

The planning commission may recommend the division of the city into districts of such number, size, and area as may be deemed best suited to carry out the zoning purpose. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

Zoning regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. The latest addition of the Comprehensive Plan of the City of Perry, Oklahoma, is on file in the Office of the City Clerk and is incorporated herein by reference.

The city planning commission also shall act as the zoning commission and shall have the power to prepare and recommend to the City Council, zoning district boundaries and appropriate regulations relating to the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the location and use of buildings, structures, and land for trade, industry, residence, and other purposes.

There is hereby created a board of adjustment consisting of five (5) members, each to be appointed for a term of three (3) years, and removable for cause by the City Council upon written charges and after public hearing.

Board members 1 and 2 shall serve a term of three (3) years. Board members 3 and 4 shall serve a term of two (2) years. Board member 5 shall serve a term of one (1) year. All successor members shall serve a term of three (3) years. Vacancies shall be filled for the unexpired term of any members whose term becomes vacant. The board of adjustment shall be appointed by the Mayor and confirmed by the City Council.

The board of adjustment shall elect one of its members as chairman. The board shall adopt rules in accordance with the provisions of this chapter. Meetings of the board 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 by subpoena. 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. The board shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such facts, and shall keep records of all official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

   A.   Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any administrative decision based on the city's zoning regulations.

   B.   Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee established by the city. In addition, the appellant shall pay the cost of publishing the notice of the public hearing and any other costs associated with the hearing. The appellant shall pay such fee and costs upon filing the appeal. The zoning officer shall transmit to the board of adjustment the documents constituting the record.

   C.   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 with him that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such cases, 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 the cause shown.

   D.   Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the city clerk to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of the written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.

   E.   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 municipality;

   2.   Present zoning classification of the property and the nature of the appeal or variance requested; and

   3.   Date, time, and place of hearing.

   F.   Upon the hearing, any party may appear in person or by agent or by attorney.

   A.   The board of adjustment shall have the power to:

   1.   Hear and decide appeals if it is alleged that there is error in any order, requirement, decision, or determination made by the zoning officer in the enforcement of the zoning regulations;

   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 the zoning ordinance 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 the regulations 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.

   B.   Variances may be allowed by the board of adjustment only after notice and hearing as provided in subsection D of Section12-122 of this code. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the district court.

   A.   When exercising the powers provided for herein, the board of adjustment, in conformity with the provisions of this part 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 or determination as ought to be made.

   B.   The concurring vote of at least three (3) 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 zoning regulations.

A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole or in part, or upon reasonable conditions as provided in this Article, only upon a finding by the board of adjustment that:

   A.   The application of the ordinance to the particular piece of property would create an unnecessary hardship;

   B.   Such conditions are peculiar to the particular piece of property involved;

   C.   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; and

   D.   The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

   A.   An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the city to the district court by filing a notice of appeal with the city clerk and with the board of adjustment within sixty days from filing of the decision by the board, which notice shall specify the ground of such appeal. Upon filing of the notice of appeal as herein provided, the board shall transmit forthwith to the court clerk of the County of Noble the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

   B.   An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance; and upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

   A.   There is hereby created a Local Capital Improvements Planning Committee, (hereinafter the “Committee”), for the City, in compliance with the provisions of the Oklahoma Capital Improvements Planning Act (62 O.S., 1992 Supplement, Section 901, et seq., hereinafter the “Act”).

   B.   The Committee shall consist of at least three (3) but not more than ten (10) voting members, to be appointed by the Mayor, subject to the confirmation of the Mayor and City Council. All members must be residents of the City and shall serve without salary.

   C.   The terms and removal procedure for the members of the Committee shall be the same as for the members of the planning commission.

   D.   The Committee has the general responsibility to assist the City in planning for the future development, growth and improvement of the City and Noble County, Oklahoma, and in preparing, adopting, implementing and annually amending the Local Capital Improvements Plan, (hereinafter the “Plan”), and its related programs, consistent with the goals, guidelines and other provisions of the Act.

   E.   The Committee shall also:

   1.   Prepare the City’s Plan;

   2.   Make recommendations to the City Council regarding the adoption of the Plan;

   3.   Serve in an ongoing advisory capacity to the City Council regarding implementation of the Plan, particularly in the Annual Update phase of the planning of the process;

   4.   Conduct public hearings and solicit and encourage participation, as required by and in accordance with, applicable provisions of the Act;

   5.   Take such other actions as may be necessary to carry out the City’s Capital Improvements Planning process, consistent with local ordinances and policy and State Law requirements, including the capacity to recommend agreements with other area jurisdictions, in order to carry out the purposes of the Capital Improvements Planning process; and

   6.   Maintain a working relationship with Northern Oklahoma Development Authority (hereinafter “NODA”) in order to ensure that the statutory requirements for integrating the City’s Plan into the NODA Regional Capital Improvement Plan, are fully met each year to the benefit of the City and the State of Oklahoma.