A.

Appointment. There is hereby created a City Board of Adjustment consisting of five (5) members, each to be appointed by the City Council for a term of three (3) years. Appointments of members of the Board of Adjustment may include two (2) members of the Planning Commission, each of which shall serve as a voting member.

B.

Removal. A member of such City Board of Adjustment, once qualified, may be thereafter removed by the City Council only for inefficiency, neglect of duty, or malefaction in office. In addition to the foregoing, members may be removed by a vote of four-fifths (⅘) of the City Council.

C.

Organization.

1.

Officers. A Chairman and Vice-Chairman shall be elected annually by the Board from among its membership.

2.

Duties of Officers. The Chairman, or in his absence, the Vice-Chairman, shall preside at all meetings, shall decide all points of order or procedure, and, as necessary, shall administer oath and compel the attendance of witnesses.

3.

Rules and Meetings. The Board may adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with these Regulations. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its own proceeding, showing the vote, indicate such facts, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in City Hall and shall be a public record.

D.

Powers and Duties. The Board of Adjustment shall have all the powers and duties prescribed by law and by these Regulations, which are more particularly specified as follows:

1.

Interpretation. Upon appeal from a decision by the Building Inspector or other administrative official, to decide any question involving the interpretation of any provision of these Regulations, including determination of the exact location of any district boundary, if there is any uncertainty with respect thereto.

2.

Exception. To hear and decide special exceptions to the terms of these Regulations upon which such Board is required to pass under these Regulations by granting special zoning permits as evidence thereof.

i.

That the use as described by the applicant will comply with all conditions established therefore by these Regulations, and

ii.

That the use will not, in the circumstances of the particular case, be injurious to the neighborhood or otherwise detrimental to the public welfare.

3.

Variance. To vary or adapt the strict application of any of the requirements hereunder in the case of exceptionally irregular, shallow or steep lots, or other exceptional conditions, where such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.

No variance shall be granted to permit in any district a use that is not a permitted use in such district. In granting any variance, the Board of Adjustment shall prescribe any conditions that it deems necessary or desirable.

4.

Appeals. To hear and decide appeals where it is alleged that there is an error of law in any order, requirements, decision, or determination made by an administrative official in the enforcement of these Regulations.

E.

Procedure.

1.

General. The Board shall act in strict accordance with the procedures specified by law and by these Regulations.

2.

Appeals. Appeals to the Board can be taken by any person aggrieved or by any officer, department, or Board of the City affected by any decision of the City Administrator or other administrative officer. All appeals and applications made to the Board shall be made in writing, on forms prescribed by the Board, within ten (10) days after the decision has been rendered by the City Administrator or other administrative officer. The appeal or application shall be accompanied by an abstractor certified mailing list and/or a list of county recorded property owners within three hundred (300) feet of the subject property. Every appeal or application shall refer to the specific provision of these Regulations involved and shall exactly set forth:

i.

The interpretation that is claimed,

ii.

The use for which the permit is sought, or

iii.

The details of the variance that is applied for and the grounds on which it is claimed the variance should be granted, as the case may be.

The appeal or application shall be filed with the officer from whom appeal is taken and with the Board. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

3.

Hearing and Notice. The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof fifteen (15) days before the date of the hearing, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person, by agent or by attorney.

4.

Decisions and Records.

i.

In exercising its powers, the Board may, in conformity with the provisions set forth in the Statutes of the State of Oklahoma governing said Board, revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom appeal is taken.

ii.

Three (3) members of the Board of Adjustment shall constitute a quorum. The concurring vote of three (3) members shall be necessary to revise any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under these Regulations or to effect any variance in said Regulations.

iii.

Every approval by the Board of an appeal or application shall be by a written instrument, each of which shall contain a full record of the findings of the Board in the particular case. Each such approved document shall be filed in City Hall, under one (1) of the following headings, together with all documents pertaining thereto:

a)

Interpretations

b)

Exceptions

c)

Variances

5.

Fee. The fee of any appeal or application to the Board shall be as established by the City Council by resolution, no part of which shall be refundable.

F.

Effect on Appeal. An appeal shall stay all proceedings of the action appealed from unless the office from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his 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 or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

G.

Appeals to Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer or any officer, department, or Board of the City of Piedmont may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the legality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter.

A.

It shall be unlawful to commence the construction or the excavation for the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until the Building Inspector has issued a building permit for such work. Except upon written authorization of the Board of Adjustment as provided in Section 1-7-1, no such building permit shall be issued for any building where said construction, moving, alterations or use thereof would be in violation of any provisions of these Regulations.

B.

Application. There shall be submitted with each application for a building permit two (2) paper copies and one (1) electronic copy of a layout or plot plan drawn to scale. One (1) copy of the plans shall be returned to the applicant by the Building Inspector, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. The second copy of the plans similarly marked, shall be retained by the Building Inspector. The application for a building permit shall be made by the owner of the property concerned or a certified agent thereof. Applications for uses other than agricultural, single-family residential, or two-family residential must also follow Section 7-2-1. All plot plans shall include the following:

1.

North Arrow

2.

The plans must be drawn to standardized scale.

3.

The legal description of the property or subdivision name, block and lot number written on the plan or attached.

4.

The actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of any existing buildings or structures, if any, and the size and location of the building or structure to be constructed, altered, or moved. All pins must be visible upon inspection.

5.

State the existing or intended use of each such building or part of building, and supply such other information with regard to the lot and neighboring lots that may be necessary to determine compliance with and provide the enforcement of these Regulations.

6.

All property lines accurately drawn to scale with the dimensions of each line numerically illustrated in feet.

7.

All adjacent streets showing the centerline of each, the width and length of each and any street names. Property lines shall be included as a part of these rights-of-way by showing dimensions from the centerline.

8.

The exact location, dimension and type of all easements that abut and/or are situated on the property shall be shown.

9.

The location of driveways approaches, width and length, of every driveway.

10.

Existing and proposed paving, including the width and type of paving and whether there is a curb and gutter.

11.

Location and size of all sanitary sewer facilities and water lines, existing and proposed (if applicable). If in a floodplain location of all drainage structures and pipes, existing and proposed, including contour lines indicating natural flows, the location of the actual structure relative to floodplain area and the first floor elevation shall also be indicated on plot plan.

12.

Show Drainage Path Plans to show that adjacent properties are not affected by stormwater runoff and is in Compliance with Drainage Ordinances of the City of Piedmont.

C.

Fees. The application fee for a building permit in the City of Piedmont shall be set by ordinance or resolution by the City Council.

D.

Expiration of Building Permit. If the work described in a building permit has not begun within one (1) year from the date of issuance thereof, said permit shall expire and be cancelled by the Building Inspector, and written notice thereof shall be given to the persons affected.

(Ord. No. 635, § 1, 2-26-2018)

A.

Site Plan Required. Before a building permit is issued for use other than agricultural, single-family residential, or two-family residential, a site plan complying with this Section and Section 1-7-2 shall be submitted to the City of Piedmont for review and approval. This section shall not apply to existing developments or developments previously approved.

B.

Site Plan Contents. The site plan shall contain the following:

1.

Plans for any portion of any site which involve the construction of public improvements on public easements, or rights-of-way, or which are to be dedicated to the public, shall be certified by a Professional Engineer registered in the State of Oklahoma.

2.

Plans shall be drawn to scale at a scale of not less than one (1) inch equals one hundred (100) feet.

3.

Plan shall show clearly the location of the tract lot or parcel in relation to surrounding properties and public roadway.

4.

Plans shall show this topography or spot elevation with the direction of drainage, plus any proposed changes to land elevations.

5.

Plans shall show all proposed entrances and exits for vehicles, including location, type, and size of drives, and plans for paving.

6.

Plans shall show all off-street parking and loading spaces, including any required handicapped parking spaces.

7.

Plans shall show the location, general use, number of floors, height, net, and gross floor area of each building.

8.

Plans shall show any outside display, sales, or storage area.

9.

Plans shall show all signs and illumination proposed for the location.

10.

Plans shall show provisions to be made for screening and landscaping of buildings, parking, and outside activity areas.

11.

On tracts of land larger than one (1) acre, or in areas subject to historical flooding, a plan for drainage improvements certified by a Professional Engineer to comply with the drainage provisions of Section VI-6 of the Subdivision Regulations of the City of Piedmont. The drainage plan shall include the entire tract where the development site is a part of a larger tract of land under the same ownership.

12.

On tracts of land up to and including one (1) acre in size a certificate from a licensed Professional Engineer certifying that the development will not have an adverse effect on surrounding properties.

C.

Approval and Compliance. The approval by City staff of required site plan for development or construction shall be a condition upon the issuance of any building permit, and failure to conform to approved site plan shall void any building permits issued pursuant thereto.

A.

Except for any property of any railway company or terminal company, no land shall be occupied or used, and no building hereafter erected, altered, or extended, shall be used, and no use of land or building shall be changed until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or proposed use complies with the provisions of these Regulations.

B.

The application fee for a certificate of occupancy shall be as set by the fee schedule approved by the City Council until a different amount is established by the City Council by resolution.

A number of uses are shown in Chapter 1-4 as being permitted on review of the Planning Commission. The following is the procedure which applies for the review of such conditional uses:

A.

An application shall be filed with the Planning Commission twenty-four (24) days in advance of the date at which the matter will be heard. Such application shall show the location and intended uses of the site, the existing land uses within three hundred (300) feet, a certified list of the names and addresses of the owners of property within three hundred (300) feet of the exterior boundary of the subject property, and any other material pertinent to the request which the Planning Commission may require. The Planning Commission may require part or all of the information set forth for site plan reviews in Chapter 1-1-5, Section 1-5-13(R). A fee shall be collected in an amount equal to the fee for a rezoning application.

B.

The Planning Commission shall consider the request only after posting the subject as an action item on the meeting agenda, and after mailing notice of the hearing on the proposed use of the property to the owners of all property within three hundred (300) feet of the exterior boundary of the subject property. Such notice shall be mailed at least twenty (20) days prior to the scheduled hearing.

C.

The Planning Commission may approve such application, deny it, or place conditions upon it as its recommendation to the City Council. In making a conditional approval of a use permitted on review, the Planning Commission shall operate to assure that approved uses are integrated into the surrounding land uses and physical settings. In making conditional approvals of uses permitted on review it is to be considered that uses requiring review for location in certain zoning districts may need special provisions to be compatible, and such conditions as the Planning Commission may place upon the approval shall be as fully enforceable as any other provisions of this Ordinance.

D.

The Planning Commission shall forward its recommendation on such application to the City Council, and the City Council shall approve, approve conditionally, or deny the application.

A.

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

1.

Adult Entertainment Business:

i.

Adult Book Store: A person, establishment or business having more than a minimal portion of its stock in trade, such as recordings, books, magazines, periodical films, video tapes/cassettes or other reading or viewing materials for sale or viewing at the premises, materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific or general sexual activities or anatomical areas; or an establishment with a section devoted to the sale or display or viewing of such materials.

ii.

Adult Motion Picture Theater: A structure either indoors or outdoors used for showing, displaying or presenting to patrons therein or thereat materials distinguished and characterized by emphasis on depicting anatomical areas.

iii.

Adult Motion Picture Arcade: A place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, mechanically or otherwise controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to any one person, at any machine, at any time so displayed as to distinguish or characterize by emphasis on depicting or describing specific sexual activities or specific anatomical areas.

iv.

Massage Establishment: A place of business where any person, firm, association, or corporation engages in, carries on, or permits to be engaged in or carried on, any of the following activities:

Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or device, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or others similar preparations. The term "Massage Establishment" shall not apply to hospitals, nursing homes, or medical clinics or to persons possessing a license to practice massage therapy under the laws of the State of Oklahoma.

2.

Approved Treatment Facility, Transitional Living Facility, Halfway House and Inpatient Treatment: Shall have the meaning as defined in O.S. § 43A pertaining to the Alcohol and Drug Abuse Services Act.

3.

Inmate Work Centers, Inmate Halfway Houses and Inmate Pre-Release Centers: Shall have the same meanings as used in O.S. § 57 or as defined by the Oklahoma Department of Corrections.

4.

Tracks for Racing/Riding Motor Vehicles: An area used for the recurrent and frequent racing/riding of motor vehicles whether a specially constructed closed track or open track across natural terrain and including both commercial tracks and tracks solely for the use of the owner/lessee/occupier of the land where the track is located.

B.

Special Uses Permitted.

1.

The following uses may be authorized only as a special permit use in the industrial zoning districts of the City:

i.

Approved treatment facility (drug and alcohol);

ii.

Transitional living facility (drug and alcohol);

iii.

Halfway house (drug and alcohol);

iv.

Inmate work centers and camps;

v.

Inmate halfway houses;

vi.

Inmate transitional living centers;

vii.

Prisons;

viii.

Inmate pre-release centers;

ix.

Crematory;

x.

Tracks for racing motor vehicles including but not limited to automobiles, trucks, motorcycles, motor bikes, scooters, lawn mowers, go-carts, all-terrain vehicles, and similar vehicles;

xi.

Salvage yards, junk yards, motor vehicle recycling centers and similar uses;

xii.

Adult entertainment business, sales and performances.

a)

No person shall cause or permit the establishment of any of the above specific Adult Entertainment Businesses within one thousand (1,000) feet of any church, school, park, playground, library or day care center.

b)

For the purpose of this Ordinance, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an Adult Entertainment Business to the nearest property line of a church, school, library, day care center or to the nearest boundary of a park or playground.

C.

Procedures, Descriptions and Criteria.

1.

General Description and Authorization. The uses listed above as special use permits are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district, and because these uses present unique security and safety issues which are not shared by other uses in the district. With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses. The Planning Commission and City Council shall review each case on its own merits, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit for it.

2.

Application. Application and public hearing procedures for a special use permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in the zoning ordinance.

3.

Criteria for special permit approval. The City Council shall use the following criteria to evaluate a special use permit:

i.

Whether the proposed use shall be in harmony with the policies of the comprehensive plan;

ii.

Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;

iii.

Whether the proposed use shall adversely affect the use of neighboring property;

iv.

Whether the proposed use shall generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood;

v.

Whether the facility presents a health or safety hazard to neighboring properties or the community at large;

vi.

Whether the facility is to be located in proximity to residential structures, elementary or secondary public and/or private schools, or other incompatible uses;

vii.

Whether utility, drainage, parking, loading, signs, lighting access, and other necessary public facilities to serve the proposed use shall meet the adopted codes of the City;

viii.

Whether the facility has obtained all necessary permits to operate under the laws of the State of Oklahoma.

ix.

The City Council may impose specific conditions regarding location, design, operation, screening, and security to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.

4.

Status of special use permits. Once a special use permit has been granted for a lot, said special use permit may not be expanded to another lot without application for a new special use permit. The special use permit will only authorize the specific use approved by the City Council. No additional use(s) shall be allowed on the premises of the special use except as specifically authorized in the special use permit. For example, a special use permit for an approved treatment facility would not allow a change of use or adding of additional uses such as inmate halfway house. All special use permits shall expire by default:

i.

If the use is not established within twelve (12) months following approval by the City Council and no extension is approved. When a building permit has not been issued for construction within twelve (12) months of City Council approval, the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he has contractors or applications for continual development within the next year following the original approval;

ii.

If the use once established has been discontinued for a period of twelve (12) months or abandoned;

iii.

Whenever the City Manager finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the City Council for review.

Procedures. Whenever in Chapter 1-4, Chapter 1-5, or otherwise a specific use is permitted or provided subject to a conditional use permit the following procedure is established to integrate the conditional use with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

A.

An application shall be filed with the Planning Commission twenty-four (24) days in advance of the date at which the matter will be heard. Such application shall show the location and intended use of the site, a certified list of the names and addresses of all the property owners and existing land uses within three hundred (300) feet of the exterior boundary of the subject property, and any other material pertinent to the request which the Planning Commission may require. A fee shall be collected in an amount equal to the fee for a rezoning application.

B.

The Planning Commission shall hold one (1) or more public hearing(s) thereon after having mailed notice by first class mail to all property owners within three hundred (300) feet of the exterior boundaries of the subject property at least twenty (20) days prior to the hearing.

C.

The Planning Commission shall transmit to the City Council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic condition, public utilities, and other matters pertaining to the general welfare, and the recommendation of the Planning Commission concerning use thereof. Thereupon, the City Council shall authorize or deny the issuance of a permit for the conditional use of land or buildings as requested.