It is the purpose of this section to provide for the regulation of nonconforming uses. It is necessary and consistent with the establishment of a zoning district that all uses incompatible with permitted uses be regulated and permitted to exist only under controls.

(1)

Continuing existing uses. The original lawful use of any buildings or land existing at the time of the enactment of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions of this chapter except as specified in this chapter. A change in occupancy or ownership does not constitute a continued nonconforming use.

(2)

Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by proper authority except as provided in subsection (3) of this section may be restored to a safe condition.

(3)

Repair or alterations of structures. Alterations may be made to any structure or portion thereof devoted to a nonconforming use provided that: (i) no structural alterations are made to such structure except those required by other law or regulations; (ii) no nonconforming use is extended if enlarged; (iii) a structure devoted to a nonconforming use which is declared unsafe by proper authority, destroyed or damaged in any manner or from any cause whatsoever, to the extent that the cost of restoration to the condition it was before the occurrence shall exceed 50 percent of the cost of constructing the entire structure, shall not be restored unless such structure when restored shall comply with the provisions of this chapter.

(4)

Substitution of nonconforming use. The substitution of one nonconforming use for another use is prohibited.

(5)

Reestablishment of nonconforming use. When a nonconforming use has been changed to a conforming use, such conformity shall remain and such use shall not thereafter revert to nonconforming use.

(6)

Vacating or discontinuance of nonconforming use. Any nonconforming use that has vacated or has discontinued its nonconforming operations shall not thereafter be again put to a nonconforming use.

(7)

Establishing a conforming use on a nonconforming parcel. A proposed use that does in fact conform to the district in which it is proposed will not be permitted to commence on any parcel which does contain a nonconforming use.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any building, structure or use lawfully existing at the time of enactment of the ordinance from which this chapter is derived may be continued even though such building, structure or use does not conform to the provisions of this chapter. However, no building or other structure shall be erected, constructed, enlarged, altered, or repaired, in such a 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 issued authorizing such construction, alteration, repair, or use changes as being in compliance with the provisions of this chapter.

(Ord. No. 2011-01, § 2, 2-14-2011)

An application for a zoning clearance permit shall be made to the office of building development by the owner of the building or land to be occupied or used, and such application shall state the location and legal description of such property and set out in detail the character and nature of the use to be conducted thereon. The director shall within three working days grant or deny such zoning clearance permit(s) in accordance with the terms of this chapter. The owner shall be notified in writing of the director's decision.

(Ord. No. 2011-01, § 2, 2-14-2011)

All applications for zoning clearance permits shall be accompanied by a plotplan, drawn to scale on suitable paper, showing the actual dimensions of the lot to be built upon, and the size and location of the building to be erected and such other information as may be necessary to satisfy the requirements of this chapter.

(Ord. No. 2011-01, § 2, 2-14-2011)

Zoning clearance permits shall not be issued until a fee as set forth in the master fee schedule shall have been paid.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any person, firm or corporation violating any provisions of this article is guilty of a misdemeanor.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

This chapter shall be enforced by the building development director or the designated building inspector appointed by the city manager. It shall be a violation of this chapter for any person to change or permit the change in the use of the land or buildings or structures or to erect, alter, move, improve any building or structure until a building permit has been obtained under the following conditions set out in this division.

(b)

Whenever any structure or building is improved, erected, moved, or structurally altered, a building permit shall be obtained from the office of building development. The cost of such building permit shall be determined by the Master Fee Schedule of the City of Sallisaw. The applicant for the building permit shall furnish the information required in this division.

(Ord. No. 2011-01, § 2, 2-14-2011)

The applicant for a building permit shall furnish a plat drawn to scale, showing the plot, showing the exact size, shape and dimensions of the lot to be built upon, 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 built, repaired, altered, erected, or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities, if the application is for a business, commercial or industrial building or as deemed necessary by the office of building development.

(Ord. No. 2011-01, § 2, 2-14-2011)

The applicant for a building permit shall furnish a declaration of the existing or intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units, commercial or industrial uses in which each existing and proposed building is designated to accommodate.

(Ord. No. 2011-01, § 2, 2-14-2011)

The applicant for a building permit shall furnish such additional information relating to the proposed improvement needed to determine compliance with this chapter.

(Ord. No. 2011-01, § 2, 2-14-2011)

The applicant for a building permit shall furnish a plat of survey, prepared by a licensed and registered land surveyor of the State of Oklahoma. The boundaries of the lot on which the improvement is proposed to be located shall be clearly defined by the survey pins and monuments. All dimensions shall be clearly shown on the plat of survey. Additional information may be required by the director or his designee.

(Ord. No. 2011-01, § 2, 2-14-2011)

The building development director shall be a person who in the judgment and opinion of the city manager is competent by reason of building experience to properly cause inspections to be made and to determine whether permits should be granted. The building development director shall serve by appointment of the city manager.

(Ord. No. 2011-01, § 2, 2-14-2011)

The compensation of the building development director shall be as determined by the city manager.

(Ord. No. 2011-01, § 2, 2-14-2011)

There is as established by Charter article VIII, section 2, a zoning board of adjustment consisting of seven members, each to be appointed for a term of three years and removable for cause by the appointing authority. Vacancies on the zoning board of adjustment shall be filled for the unexpired term of any member whose term becomes vacant. It is specifically provided, however, that on the effective date of the ordinance from which this chapter is derived such board of adjustment as was legally in existence immediately prior to such date shall be constituted as the board of adjustment hereby created, and the terms of the then members of such board shall expire after a period of three years, or until their successors are duly appointed and qualified.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any such member found to be in neglect of their duty to serve; Members missing three consecutive meetings or five within a 12-month period without just cause shall be removed by rule. Written notice of removal shall come from the chairman of the board. This violation and action shall be reported to the appointing authority in writing by the next regularly scheduled meeting. The appointing authority shall replace the member for the unexpired term.

(Ord. No. 2011-01, § 2, 2-14-2011)

The zoning board of adjustment shall elect one of its members as chairman and one as vice-chairman, who shall serve for the duration of their term. The zoning board of adjustment shall appoint a secretary who may be an officer of the municipality. The zoning board of adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the zoning board of adjustment shall be held at the call of the chair and at such other times as the board may determine. The chairman, or in his absence, the vice-chairman, may administer oaths and counsel the attendance of witnesses by subpoena. The zoning board of adjustment 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 fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the zoning board of adjustment and shall be a public record. All meetings of the zoning board of adjustment shall be open to the public.

(Ord. No. 2011-01, § 2, 2-14-2011)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the inspector or his duly authorized representative, in his enforcement or administration of this chapter. Such appeal shall be taken within 30 days by filing with the city clerk and the board of adjustment a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 2011-01, § 2, 2-14-2011)

The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give 15 days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and decide the appeal or other matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 2011-01, § 2, 2-14-2011)

The zoning board of adjustment shall have the following powers:

(1)

Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the chair of the board of commissioners in the enforcement of this chapter.

(2)

Variances. To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustment that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.

b.

The application of this chapter to this particular piece of property would create an unnecessary hardship, not self-imposed by the owner or developer.

c.

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

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

(3)

Use determinations. To determine upon application to the board, like uses in comparison to that of existing uses in the zoning code. Upon approval of board of adjustment, said use therefore becomes a permitted use within the specified zoning.

(Ord. No. 2011-01, § 2, 2-14-2011)

In exercising the powers set out in section 102-105, the board of adjustment shall have the concurring vote of at least four of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the board of commissioners for directing the issuance of a permit.

(Ord. No. 2011-01, § 2, 2-14-2011)

(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 ten days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as provided in this chapter, the zoning board of adjustment shall transmit forthwith to the court clerk of the county 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, unless the chair of the board of adjustment, from which the appeal is taken, certified to the court clerk, after the notice of appeal shall have been filed, that by reason of the facts stated in the certificate a stay in his opinion would 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 district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the chair 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.

(Ord. No. 2011-01, § 2, 2-14-2011)

The board of commissioners may by ordinance, amend, change or repeal this chapter or any part thereof; provided, however, that before the board of commissioners shall amend, change, or repeal this chapter or any part thereof, it shall request the planning commission to submit its recommendation on such proposed amendment, change, or repeal. Such recommendation on such proposed amendment, change, or repeal whichever the case may be shall be made after not less than one public hearing thereon which hearing may be adjourned from time to time. After considering the commission's recommendation at public hearing for which public notice shall be given, the board of commissioners may approve the recommendation in whole or in part, or return the recommendation to the board of commissioners for further consideration.

(1)

The board of commissioners may, upon its own initiative, hold at least one public hearing on a proposed amendment, change or repeal of this chapter or any part thereof and any recommendations there from shall be by resolution transmitted to the board. The board of commissioners shall consider and act upon such recommendation in the same manner as set forth in this chapter for recommendations requested by the board of commissioners.

(2)

Notice of public hearing as required in this chapter shall include at least one publication notice in a newspaper of general circulation in the city not less than 15 days, but not more than 30 days, prior to such publication. If a proposed amendment is for the purpose of rezoning a lot, parcel or tract of land to a less restrictive classification, public notice as required in this subsection shall also include the posting of at least one sign on such lot, parcel or tract of land and such sign shall there remain a period of 15 successive days prior to the public hearing, including the day immediately preceding the day for which such public hearing is scheduled. The notice referred to in this subsection shall state in terms certain the nature of the proposed amendment, change, or repeal of this chapter or any part thereof and the time and place of the public hearing.

(Ord. No. 2011-01, § 2, 2-14-2011)

A petition for an amendment to this chapter and the zoning map shall be filed with the board of commissioners by the owner of the property concerned or a duly authorized representative thereof, on a standard form furnished by the board of commissioners. All petitions for amendment proposing a change in zoning district classification shall be accompanied by sketch plan of the area proposed to be rezoned, drawn to approximate scale and showing the boundaries and dimensions of the tract, the outline of existing and proposed buildings and structures, the size and location of off-street parking lots, the type of surfacing proposed for such lots, and the plan of structures and the drives proposed for ingress and egress.

(Ord. No. 2011-01, § 2, 2-14-2011)

If a protest against an amendment, change or repeal of this chapter or any part thereof, be presented, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots immediately abutting the territory included, in such proposed change, or separated there from only by an alley or street, such amendment shall not be passed except by the favorable vote of two-thirds of the board of commissioners.

(Ord. No. 2011-01, § 2, 2-14-2011)

Upon the filing of a petition of amendment to these regulations the property owner or his duly authorized representative shall pay a filing fee in accordance with the Master Fee Schedule of the City of Sallisaw. All fees collected shall be deposited with the city clerk and credited to the general fund of the city.

(1)

The fees or expenses for all public notices required pursuant to petition for amendment shall be paid by the owner of the property or his duly authorized representative. The form for such notice shall be established by the planning commission. The board of commissioners or the planning commission, as it concerns their respective hearings, shall designate the agency or agencies which shall affect the public notices and the number of notices to be used pursuant to this chapter.

(2)

If pursuant to a petition for amendment the board of commissioners vote to rezone a lot, parcel, or tract of land, the owner of such land shall pay the cost of the ordinance publication. Such payment shall be submitted to the city clerk and the city clerk shall not cause the ordinance to be published prior to such payment.

(Ord. No. 2011-01, § 2, 2-14-2011)

If the planning commission fails to set up a petition for amendment for public hearing within 20 days after its proper filing with the planning commission at a regular scheduled meeting, or, if after public hearing, the planning commission fails to recommend that this chapter be amended in accordance with such petition for amendment, such failure shall be deemed the final determination and decision of the planning commission. The final determination of the planning commission may be appealed to the board of commissioners provided a written request for a hearing before the board of commissioners is served on the chair of the planning commission within 15 days after the final determination of the board of commissioners.

(Ord. No. 2011-01, § 2, 2-14-2011)

There is hereby established a board of appeals to hear and decide appeals of orders, decisions or determinations made by the building development director or inspectors of the city. The board shall consist of seven members appointed by the governing body of the city for a term of three years and serve at the pleasure of the appointing authority. vacancies on the board of appeals shall be filled for the unexpired term of any member whose term becomes vacant. At no such time shall an employee of the jurisdiction serve as a member of the board.

(Ord. No. 2011-01, § 2, 2-14-2011)

The board of appeals shall elect one of its members as chairman and one of its members as vice chair, who shall serve for the duration of their term. The board of appeals shall appoint a secretary who shall serve for the duration of their term. The board of appeals shall adopt rules in accordance with the provisions of this chapter. Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his absence, the vice chair, may administer oaths and counsel the attendance of witnesses by subpoena. The board of appeals 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 fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. All meetings of the board of appeals shall be open to the public.

(Ord. No. 2011-01, § 2, 2-14-2011)

Appeals shall be taken by the city clerk. Such appeal must be taken within 15 days of the official notification or stop work order issued by filing with the city clerk an appeal specifying the grounds thereof. The appeal shall state the nature of the appeal and provide all documentation concerning the basis of said appeal. The city clerk shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 2011-01, § 2, 2-14-2011)

The chairman of the board of appeals shall fix a reasonable time for the hearing or other matter referred to it, give 15 days public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and the board shall decide the matter within a reasonable time but no more than 15 days shall elapse before a decision is rendered. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Administrative review. To hear and decide appeals where it is alleged the true intent of the building codes or rules legally adopted hereunder have been incorrectly interpreted or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of any adopted code.

(b)

Interpretation. The board shall have the authority to interpret the building codes and render their directives as to the meaning of the Code.

(c)

Decision. Once a determination has been made by the board, formal decision to the building development director shall be made in writing and sent to all parties involved including the city clerk of the city. In no case, shall the determination be less stringent than the adopted code.

(d)

Permits. In cases where the issuance of building permits are on hold or denied due to determinations made by the building development director or inspector. The board has the authority to direct staff in writing to issue permits once the determination has been made.

(Ord. No. 2011-01, § 2, 2-14-2011)

In exercising the powers set out in section, the board of appeals shall have the concurring vote of at least 60 percent of its members present in order that it may reverse or affirm, wholly, partly, modify the order, requirement, decision, or determination, and to that end the decision is final. In no case shall less than five of the members be present for any such hearing or determination.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

An appeal from any action, decision, ruling, judgment or order of the board of appeals may be taken to the district court of the local county having jurisdiction by filing a notice of appeal with the city clerk and with the board of appeals within ten days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as provided in this chapter, the board of appeals shall transmit to the court clerk of the county, certified copies of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

(b)

Appeals to the district court of the board of appeals stays all proceedings of the action appealed, unless the chair of the board of appeals, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of the facts, a stay in his opinion would 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 district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the chair of the board of appeals, and, upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review, but in no case be less stringent than that of the adopted code.

(Ord. No. 2011-01, § 2, 2-14-2011)