Slaughterville City Zoning Code
ARTICLE I
Administrative and General Provisions
§ 13-101 Citation and Authority.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §1; amended 9-19-2023 by Ord. No. 55]
The zoning standards contained herein, together with all amendments and the comprehensive plan and the official zoning districts map, shall officially constitute the zoning ordinance for the Town of Slaughterville, Oklahoma, and have been prepared, adopted and enacted pursuant to the authority granted the Town of Slaughterville, Oklahoma, by the Oklahoma state legislature in Title 11 O.S.§§43-101, et seq., 44-101 et seq., and 45-101 et seq., as may be amended from time to time.
§ 13-102 Statement of Purpose.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 11-20-2018, Ord. No. 55 §2; amended 9-19-2023 by Ord. No. 55]
A.
The zoning regulations and the zoning districts herein established have been developed in accordance with the Town of Slaughterville’s comprehensive plan, for the purpose of promoting the health, safety and general welfare of the residents of the town and are being enacted with public hearings regarding the same. The regulations contained herein are necessary to encourage the most appropriate use of land and to maintain and stabilize the value of property.
B.
The objectives of this ordinance are to provide for the regulation of buildings, structures and land in accordance with the comprehensive plan. This ordinance is designed to accomplish the following objectives:
1.
To maintain a rural setting while promoting a community atmosphere;
2.
To lessen congestion in the streets;
3.
To reduce fire hazards and other dangers, and improve public safety;
4.
To promote health and general welfare, including the peace and quality of life of the town;
5.
To provide adequate light and air;
6.
To prevent the overcrowding of land;
7.
To promote historical preservation;
8.
To avoid undue concentration of population;
9.
To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
10.
To create a comprehensive and stable pattern of land use throughout the town and promote neighborhood stability; and
11.
To provide non-discriminatory housing practices to all residents by requiring reasonable accommodations be made to all residents with disabilities to ensure equal opportunities to use and enjoy their housing in accordance with all applicable statutes, including the Fair Housing Act.
C.
These regulations are made with reasonable consideration as to the character of districts within the Town of Slaughterville and the suitability of particular uses within the various districts; and with a view to conserving the value of property and encouraging the most appropriate use of land throughout the town.
§ 13-103 Jurisdiction.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §3; amended 9-19-2023 by Ord. No. 55]
This zoning ordinance shall be in effect within the jurisdictional area of the Town of Slaughterville, Oklahoma. The board of trustees and their designated representatives have the right and the authority to go onto property located within the town limits of Slaughterville for purposes of inspection of the premises and enforcement of the rules and regulations set forth in this ordinance.
§ 13-104 Planning and Zoning Commission.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §4; amended 9-19-2023 by Ord. No. 55]
The Town of Slaughterville’s municipal planning and zoning commission shall have authority as an advisory board over all matters concerning this zoning ordinance and all matters relating to regulations and boundaries of all zoning districts. The planning and zoning commission shall be appointed and have such duties and hold hearings as set forth in Title 11 O.S. §45-101 et seq. This commission makes recommendations to the board of trustees for final resolution.
§ 13-105 Zoning Districts Established.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017 by Ord. No. 55 §5; amended 9-19-2023 by Ord. No. 55]
The following zoning districts are hereby established for current and future use within the corporate limits of the Town of Slaughterville, Oklahoma. Zoning districts currently in use shall be as shown on the official zoning districts map of the Town of Slaughterville, Oklahoma. The use, height and area regulations as set out herein shall be uniform within each district. Development in floodplains as defined by the floodplain management program and the flood damage prevention ordinance for the Town of Slaughterville are governed by the terms and conditions set forth therein regardless of the zoning district.
A.
Sub-district classifications are defined as Area “A”, Area “B” and Area “C” as follows:
1.
Area “A” is that area which is essentially the main business area of Slaughterville or Sections 5, 6, 7, 8, 17, 18, 19, 20, 29 and 30, all in T-7-N, R-1-W. This area is easily accessible to the highway and has adequate roads to support growth. The minimum lot size requirements are 2½ acres for residential zoned areas and five acres for agricultural zoned areas.
2.
Area “B” is identified as that area which is along Maguire Road and contains large pockets of population without adequate roads to support growth. This area consists of Sections 28, 27, 26, 25, 36, 35, 34, and 33 in T-8-N, R-1-W and Sections 30 and 31 in T-8-N, R-1-E. The minimum lot size requirements are 2½ acres for residential zoned areas and five acres for agricultural zoned areas.
3.
Area “C” encompasses the rest and remainder of the town which is mainly agricultural land use and has sparse population. Area “C” is increased to a minimum lot size of five acres for residential zoned areas and 10 acres for agricultural zoned areas.
B.
The zoning districts established herein shall be:
Abbreviated Designation | Zoning District Name |
|---|---|
AR-1 (Area C) | Agricultural/Residential District Low Density |
AR-2 (Area A and B) | Agricultural/Residential District Higher Density |
RL-1 (Area C) | Low Density Residential District |
R-1 (Area A and B) | Single-Family Residential District |
R-2 (Area A and B) | Multi-Family Residential District |
R-3 | Planned Residential Development District (See PUD’s in Article III) |
C-1 | Commercial District |
C-2 | Planned Commercial Development District (See PUD’s in Article III) |
I-1 | Industrial District |
P-1 | Public Use |
SP-1 | Special Use |
I-2 | Planned Industrial Development District (See PUD’s in Article III) |
IN-1 | Planned Institutional Development District (See PUD's in Article III) |
M-1 | Planned Mixed Use Development District (See PUD's in Article III) |
C.
While public use (P-1) is a recognized use of the land, it is essentially located within other districts and is not defined as a separate district for zoning purposes. It does, however, contain minimum requirements as set forth in this ordinance.
§ 13-106 Use of Land, Buildings and Structures Regulated.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-18-2017, Ord. No. 55 §6; amended 9-19-2023 by Ord. No. 55]
A.
Land, buildings and structures within the Town of Slaughterville, Oklahoma, may be used for any of the purposes, functions or uses specifically permitted in the particular zoning district in which said land, buildings or structures are located; no land shall hereafter be used, nor shall any building or structure hereafter be erected, altered or converted, which is designed or arranged for uses other than those specified for the zoning district in which said land, building or structure is located, as set forth in the regulations for each zoning district, which follow in Article 2, §13-129 et seq.
B.
All land, buildings, structures or appurtenances located thereon within the Town of Slaughterville, Oklahoma, which are hereafter used, erected, altered, removed, demolished, converted or occupied, shall be used, erected, altered, removed, demolished, converted or occupied in conformance with the provisions prescribed for the zoning district in which such land, building, structure or appurtenance is located.
C.
In event of any questions as to the appropriate use classification of any existing or proposed use or activity, the town administrator, or the duly appointed representative, shall have the authority to determine the appropriate classification, subject to the right of appeal to the board of adjustment. In making such determinations, the official shall consider the characteristics of the particular use in question, and shall consider any functional, product, service, or physical facility requirements common with or similar to uses cited as examples of use classification for each zoning district. The town administrator shall maintain a list of all such determinations and shall periodically recommend to the planning and zoning commission additions, deletions, or revisions to the use clarifications to reflect contemporary usage and terminology. Uses specifically listed in the zoning classifications shall not by interpretation be included as a typical use within any other classification unless so listed.
D.
A proposed use shall not be permitted if it will cause the destruction of an identified or designated historic site, structure, or element, or will substantially reduce, through incompatible modification, alteration or addition, the historic significance of the site, structure or element.
§ 13-107 Definitions.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018; amended 7-21-2020, Ord. No. 55 §7; amended 9-19-2023 by Ord. No. 55]
For the purpose of these zoning regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as hereinafter set forth. Unless the context already indicates to the contrary, words used in the present tense include the future tense; words used in plural number include the singular; the word “herein” means “in these regulations”; a “person” includes a corporation, a partnership and an incorporated association of persons (such as a club); the word “shall” is always mandatory; the words “used” or “occupied”, as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.”
A vehicle, that is subject to registration requirements that is either parked illegally or mechanically inoperable on private or public property with characteristics that may include but not limited to: being up on jack stands, flat tires, wrecked, and/or being partially or fully disassembled.
Having property or zoning district lines in common; e.g., two lots are abutting if they have part or all of the property lines in common.
A place or means of entering and exiting property. See ingress, egress.
A subordinate building or portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.
Lying near or close to.
Business with a basis on agricultural areas such as those consisting of farmers, ranchers, cattle operations, horse training, horse riding facilities, vineyards, and other agricultural uses which utilize sizeable land area and require land preservation.
Aesthetic or other characteristic of development that increases its desirability to a community or its marketability to the public.
A business wherein beer, wine, and/or alcohol is served, whether in conjunction with food or otherwise.
A structure, normally occupied by its resident-owner, which also provides overnight, personalized, lodging for a fee, for a limited, small number of persons.
A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging, or lodging and meals, are provided for three or more persons.
A local quasi-judicial body, created herein in Article 4, §13-187 et seq., whose responsibility is to hear appeals concerning the interpretation of the adopted zoning ordinance, and to consider requests for variances under the terms of state law and the adopted zoning ordinance.
Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the Slaughterville, Oklahoma, town board of trustees; all bonds shall be approved by said town board of trustees whenever a bond is required by these or other related regulations.
A strip of land established to protect one type of land use from another with which it is incompatible; a buffer zone is comprised of buffer uses which may, in addition to the normal range of open space and landscaping uses, take the form of “transitional” uses, structures or yards.
The space remaining on a parcel of land, after floodplain management and minimum open space requirements (coverage, yards and setbacks) have been met.
Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, including any other structure.
The collection of regulations, setting forth standards for the construction of buildings and other structures, for the purpose of protecting the health, safety and welfare of the public. The building code recommended shall be the building code that is set forth by the Oklahoma Uniform Building Code Commission.
The percentage of the lot area covered by the building; the building coverage shall include all overhanging roofs.
The vertical distance from the grade to the highest point of coping of a flat roof, or the deckline of a mansard roof, or to the highest gable of a pitch or hip roof.
A line usually fixed and parallel to the lot limit, beyond which a building cannot extend under the terms of this ordinance.
A single parcel of land under a legal ownership arrangement occupied or intended to be occupied by a building or structure.
Any place which receives children or adults not of common parentage, for care apart from their natural parents, legal guardians or custodians, for compensation, not including foster care.
A development pattern in which the uses are grouped or bunched together, rather than spread evenly throughout a parcel as in conventional lot-by-lot development. Cluster development is used to preserve open space, create workable land use mixtures, shared parking and access, or other amenities, and/or to save money by building fewer streets and shorter utility lines.
A structure erected, maintained and used for commercial purposes, not including HAM radio towers, television antenna, or private communication towers.
The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
The officially-adopted comprehensive plan for Slaughterville, Oklahoma, which provides long-range development policies, plans and programs for the municipality and its developing areas.
A form of home ownership wherein each unit (i.e. apartment or townhouse) of a multi-unit dwelling is individually owned and the common areas (hallways, recreational facilities, etc.) are jointly owned by all the unit owners.
Changing the original purpose of a building or land to a different use.
A building or group of buildings used to house inmates, whether the residents are free to leave the facility or otherwise. All correctional facilities shall be governed by the regulations established for Institutional PUD’s herein.
A restriction on the use of land, normally among private participants contained in the deed to the property or otherwise formally recorded of record at the office of the county clerk.
See child care center.
The transfer of property from private to public ownership and/or control.
The number of persons, families or housing units on a parcel of land.
The state regulatory agency that administers environmental laws. Also known as DEQ.
Any man-made change in improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
A structure/building, including mobile homes and/or manufactured homes, which, through neglect or injury lack necessary repairs or otherwise is in a State of decay or partial ruin to such an extent that the structure/building is unfit for human occupancy, or is a hazard to the health, safety, or welfare of the general public.
As defined herein in §13-105.
See dwelling, multi-family.
Any building, or portion thereof, which is used or designed for residential purposes. Also known as a residence.
A dwelling having any portion of each of one or more walls in common with adjoining dwellings.
A dwelling having open space on all sides.
A dwelling used or designed for occupancy by two or more families living independently of each other, having a common wall, not including mobile homes, trailer parks, camps, hotels or motels.
A building used or designed for occupancy of one family.
A grant by the property owner to the public, a corporation, or person of the use of a designated portion of land, for access, or other right for specific purposes.
A place or means of exit. See access.
The person or the board who is responsible for the administration and enforcement of these regulations.
The full range of codes, ordinances and other regulations, projects and programs relating to the use of land and construction within the limits of the floodplain, regulated by town’s flood damage prevention ordinance which is fully adopted and incorporated by reference in this zoning ordinance, and set forth in §13-601 et seq.
The side(s) of a lot abutting on a street and ordinarily regarded as the front of the lot.
Any area of land, including structures thereon, that is used for the retail sale of gasoline, compressed natural gas (cng), oil fuels or other automobile accessories, and incidental services including facilities for lubricating, or other automobile services, but not including painting, major repair or automobile washing, or the sale of butane or propane fuels.
A single-family dwelling erected above a garage.
A building or portion thereof designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.
A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
Regulations that limit the height of buildings within particular zoning districts, whether minimum or maximum heights, and which is based on the relationship of a structure to the surrounding properties.
An individual structure, building, parcel, or monument which contributes to the historical, architectural or archeological heritage of the Town of Slaughterville.
Any occupation carried on by the inhabitants of a residence, which is secondary to the residence itself, wherein non-residential consumers or customers are entering and departing the premises on a regular basis causing an increased flow of traffic in the neighborhood. This ordinance is not intended to encompass or regulate those residents who carry on occupations from their homes who do not receive customers on a regular basis.
A group of residents or an organization, operating under recorded land agreements.
A building or group of buildings under one ownership containing sleeping rooms, intended or designed to be occupied as temporary lodging for compensation with or without meals. This does not include a trailer court, camp, sanitarium, hospital, asylum, boarding house, rooming house, orphanage or building where persons are housed under restraint, or a bed and breakfast facility (as defined hereinbefore).
See sewage systems.
A place or means of entrance or access. See access.
One building or a group of buildings which are designed to house people in the form of a correctional facility, and other like facilities. The rules and regulations for Institutional PUD’s are outlined in §13-171D.
The degree to which land is used, in reference to levels of concentration or activity. Often used synonymously with “density”.
See Enforcement Officer.
Any use of premises, whether for profit, compensation or non-profit, for the purposes of boarding, breeding or selling dogs, cats, or other pets, consisting of six animals or more of the same species, but not including those which are offspring born on the premises which are 12 weeks or younger in age.
The jurisdiction of the Slaughterville Municipal Planning and Zoning commission and the board of trustees, for purposes of zoning, which shall include all lands within the corporate limits of the Town of Slaughterville, Oklahoma.
The space logically and conveniently located for bulk pick-ups and deliveries, scaled to the type of delivery vehicles expected to be used.
A measured parcel of land having fixed boundaries and designated on a plat or by a metes and bounds description and of at least sufficient size to meet minimum use regulations and development standards.
A parcel or tract of land in a mobile home park for the placement of a single manufactured home as defined in the town’s ordinance adopting provisions for mobile home parks.
The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
A line dividing one lot from another or from a street or place.
A lot which is a part of a subdivision, the map of which has been recorded in the office of the county clerk.
See principal building.
A dwelling unit constructed to be towed on its own chassis and capable of connection to utilities for year-round occupancy fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act, 42 USC §5401 et seq.
The official map on which the current zoning status of all land within the corporate limits of the Town of Slaughterville, Oklahoma, is depicted, and which, along with the zoning text, comprises the zoning ordinance of the Town of Slaughterville, Oklahoma.
See comprehensive plan.
Convalescent, rest or nursing homes; dental and medical offices or clinics; hospitals; public health centers; and sanitariums.
A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference.
A structure of vehicular portable design, designed or manufactured for human occupancy, built on a chassis, designed to be moved from one site to another, and to be used with or without a permanent foundation, whether or not the wheels have been attached thereto or removed, and which was built prior to the enacting of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. §5401 et seq.
Any plot of ground used for the placement of mobile homes and manufactured homes, as defined in the town’s ordinance adopting provisions for mobile home parks, as set forth in §13-201 et seq.
A structure intended for residential use and manufactured off-site and assembled on-site in accordance with the local and/or state building code.
Any building, lot or structure, lawfully occupied or used at the time this ordinance or subsequent amendments to this ordinance become effective, which does not conform in part or wholly to any or all of these regulations of the zoning district in which it is located.
Any lawful use of land, existing at the time this ordinance or subsequent amendments to this ordinance become effective, which does not conform to the regulations of the zoning district in which it is located.
Lots, structures, uses of land and structures, and characteristics of uses which are prohibited under the terms of these zoning regulations but were lawful at the date these regulations were enacted.
A permanently-surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a driveway connecting the parking space with a street or alley, and permitting ingress and egress.
Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
The municipal commission appointed by the board of trustees as an advisory board to make recommendations over all matters concerning zoning, boundaries, zoning districts, planning for the town, and all other matters concerning land use, as set forth in §13-104.
A form of development characterized by a unified site design for a number of structures and incorporating such techniques as clustering structures, providing common open space, density increases and a mix of building types and land uses. This permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis. This is also known as a “PUD” and is fully set forth in §13-177 et seq.
A map, generally of a subdivision, or a Planned Unit Development, showing the location, boundaries and ownership of designated properties. Procedures and standards for plats are detailed by the Oklahoma state statutes and by the subdivision regulations for the Town of Slaughterville set forth in §13-401 et seq.
A building in which is conducted the principal use of the lot on which it is situated.
A private legal restriction on the use of land contained or referenced in the deed to the property, or otherwise formally recorded, typically with a recorded plat.
A line dividing one property from another.
A “reasonable accommodation” is a change in a zoning rule, regulation, or the town’s policies and practices, in order to facilitate allowing persons with a disability to have the same access, use and enjoyment of his or her housing, or any other public establishment as someone without a disability in accordance with all applicable statutes, including the Fair Housing Act.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
See dwelling.
An amendment to, or a change in, the zoning ordinance re-zonings may take any of three forms:
A comprehensive revision or modification of the zoning ordinance text and map;
A text change in zoning district requirements; or
A text change in the zoning district designation of a particular parcel or parcels, as shown on the official zoning districts map, either by application of a private individual or by administrative action of the municipal planning and zoning commission and approved by the board of trustees.
A strip of land occupied or intended to be occupied, by a street, road, crosswalk, railroad, roadway, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or another special use.
That portion of any street designated for vehicular traffic.
See boarding house.
A commercial operation of buying, selling, or trading parts of salvaged vehicles, wrecked or abandoned motor vehicles, or any recyclable or non-recyclable hulk or part of a motor vehicle, equipment, appliances, vessels, and other salvageable products or items.
See sewage systems.
The distance between the center of the roadway and the nearest structure; or, when there is not a road, from the lot line or the property line and the nearest structure.
Wastewater that generally originates as human waste from certain activities including using toilet facilities, washing, bathing, preparing foods and washing laundry.
A permanent method of disposal of sewage which is approved by the Department of Environmental Quality or other federal, state or county health agency, which serves one individual dwelling or one multi-family dwelling, and which is not available for use by the general public. Sewage disposal systems shall not include outhouses, port-a-potties, or any other temporary sewage disposal device.
A permanent method of disposal of sewage which is approved by the Department of Environmental Quality or other federal, state or county health agency, which serves residents of multiple buildings or for the use of the general public. Sewage disposal systems shall not include outhouses, port-a-potties, or any other temporary sewage disposal device.
Is a zoning classification identifying a dwelling where a group of individuals, whether related or not, reside together in one dwelling.
A relatively small area different from the zoning of the surrounding area; “spot zoning” can be appropriate or inappropriate, based upon whether or not the nature of the change is appropriate, or arbitrary and inappropriate.
The first placement of permanent construction on a site, such as the pouring of footings or any work including excavation.
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground. This includes, but is not limited to, main and accessory buildings, propane tanks, advertising signs, poster panels, fences and other manmade objects.
The division or re-division of land (vacant or improved) or airspace, whether for single or multi-family residential, mobile home, manufactured home, or non-residential use.
Any repair or change, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure.
A housing unit, either attached to, or detached from, the primary housing unit, used on a temporary or short-to-medium term basis, as a separate living unit. See §13-120N.
A small house typically consisting of 400 square feet or less; either on wheels or a foundation.
A structure on a single chassis, mounted on axle(s) and wheels is considered a recreational vehicle. If the tiny home is mounted on axle(s) and wheels then the home must comply with all zoning regulations pertaining to recreational vehicles.
A structure on a foundation. If the tiny home is on a foundation, then the tiny home must comply with all zoning regulations pertaining to dwellings.
The Town of Slaughterville, in Cleveland County, Oklahoma.
The governing body of the Town of Slaughterville, Oklahoma.
Two or more dwellings attached at the side or sides, each unit of which has a separate outdoor entrance and each unit being designed to be occupied as a single-family dwelling unit. See dwelling, multi-family.
An area of land with defined boundaries which are normally defined by deed.
A use deemed appropriate in a zoning district, but only upon review of the proposed use by the planning and zoning commission to determine whether or not specified conditions are met as fully detailed under each particular zoning district in this zoning ordinance and in §13-113; and subsequently approved by the town board of trustees.
A device which grants a property owner relief from certain provisions of the zoning ordinance.
See garage, public.
A permit required before construction can be initiated; zoning compliance permit provisions are contained herein in §13-111.
The officially-adopted zoning ordinance of the Town of Slaughterville, Oklahoma.
§ 13-108 Official Zoning Districts Map.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §8; amended 9-19-2023 by Ord. No. 55]
A.
The Town of Slaughterville, Oklahoma, is hereby divided into zoning districts, as established by this ordinance and as currently shown on the official zoning districts map, which, together with all explanatory matters thereon, are hereby adopted by reference and declared to be a part of this ordinance.
B.
If, in accordance with the provisions of this ordinance, changes are made in zoning district boundaries or other matters which are depicted on the official zoning districts map, such changes shall be reflected on the official zoning districts map within 20 days after the amendment has been approved by the town board of trustees, by making the appropriate change on the map.
C.
No changes of any nature shall be made in the official zoning districts map or matter shown thereon, except in conformity with the procedures set forth in this ordinance.
D.
The official zoning districts map shall be maintained to show the current zoning district status of land and water areas within the Town of Slaughterville, Oklahoma; however, the town clerk, the municipal code enforcement officer/inspector and the chairman of the planning and zoning commission may also each maintain an individual zoning districts map or atlas, reflecting the current zoning district status of all land within said municipality, as shown on the official zoning districts map. The final authority for zoning shall be the ordinances and resolutions regarding the same.
E.
In the event that the official zoning districts map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the town board of trustees may, by ordinance, adopt a new official zoning districts map which shall supersede the prior official zoning districts map. The new official zoning districts map shall include amendments and may correct drafting and other errors or omissions, but no such corrections shall have the effect of amending the original zoning ordinance or altering any subsequent amendments thereof. The prior official map shall be noted as being superseded on the replacement date and placed in a municipal file by the town clerk.
§ 13-109 Zoning District Boundaries.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §9; amended 9-19-2023 by Ord. No. 55]
The district boundary lines shown on the official zoning districts map are usually along streets, alleys, property lines or extensions thereof; where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center-lines of streets, highways or alleys, shall be construed to follow such center-lines.
B.
Boundaries indicated as approximately following platted lot lines, shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following corporate boundary lines, shall be construed as following corporate boundary lines.
D.
Boundaries indicated as following rights-of-way or railroad lines, shall be construed to be the centerline of the right-of-way, or, if the centerline is not established, the boundary shall be interpreted to be midway between the right-of-way lines.
F.
Whenever any street, alley or other public way is vacated by official action, the zoning district adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
G.
Where physical features on the ground are at variance with information shown on the official zoning districts map, or when there arises a question as to how or whether a parcel of property is zoned, and such question cannot be resolved by the application of Subsections A through F (above), then the property shall be considered the zoning district in accordance with the actual use of the property.
H.
In the event there is a dispute regarding the zoning classification, a request to reclassify the property shall be made in writing by the property owner, who shall pay the appropriate fee in accordance with resolution. A hearing shall then be held according to the provisions contained in Title 11 O.S. §43-106 with the planning and zoning commission, who shall make a recommendation to the town board of trustees.
§ 13-110 Zoning of Annexed Territory.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, by Ord. No. 55 §10; amended 9-19-2023 by Ord. No. 55]
All territory hereinafter annexed to the Town of Slaughterville, Oklahoma shall be automatically classified in accordance with the actual use of the property at the time of annexation, except as provided below.
A.
The owners or developers of land annexed to the Town of Slaughterville, Oklahoma, may make application to the town for a zoning district change by the procedures set forth in §13-114. This process may be initiated at any time after the official annexation of the territory.
B.
In the event there is a dispute regarding the zoning classification, a request to reclassify the property shall be made in writing by the property owner, who shall pay the appropriate fee in accordance with resolution. A hearing shall then be held in according to the provisions contained in Title 11 O.S. §43-106 with the planning and zoning commission, who shall make a recommendation to the town board of trustees.
§ 13-111 Zoning Compliance Permits.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 7-21-2020; amended 12-20-2022; amended 8-15-2023, Ord. No. 55 §11; amended 9-19-2023 by Ord. No. 55]
Any person or property owner desiring to establish a dwelling, move in a manufactured home, build new construction, remodel (where bedrooms are added or there is an increase in water flow usage), or substantially improve structures where sewage disposal systems are involved, or desiring to construct, erect and/or add onto any building for commercial use, industrial use, or PUD's, shall first make application, pay the necessary fees, and obtain a zoning compliance permit prior to the start of construction. The zoning compliance permit application shall be made as follows:
A.
An application shall be filed at town hall containing the following information:
1.
Name of the applicant, name of the property owner, if different, current mailing address(es) and telephone number(s), and a complete and accurate legal description of the land intended for development;
2.
Project description and proposed use;
3.
Whether the building site is located within a special flood hazard area as defined by the flood management program and that restrictions pertaining to floodplain use have been met;
4.
Site map, drawn to scale, for the proposed building including the size of the lot, the location of the driveway, proposed setback lines, proposed height if over 35 feet, all buildings located, and those that are proposed on the building site, the location or proposed location of the sewage disposal system and water well;
5.
Sewage disposal system requirements: all applicants must install a sewage disposal system and an adequate water supply prior to occupancy. The applicant must also disclose all sources, including the number or proposed number of bedrooms in each source flowing into the proposed or existing sewage disposal system. In addition, the following are required:
a)
In the event a sewage disposal system does not exist:
1)
Copy of the soil analysis, soil profile, percolation test, or other test showing the composition of the soil; and
2)
Copies of all inspection reports from DEQ or any other appropriate agency verifying the system will be installed in accordance with DEQ or State regulations. In the event a final inspection has not been completed, a conditional zoning compliance permit will be granted conditioned upon said documentation being provided prior to occupancy;
b)
In the event a sewage disposal system already exists:
1)
All available documentation from DEQ or any other appropriate agency showing proper installation of the sewage system; or
2)
In the event the documentation does not exist, then an on-site inspection may be conducted to ensure that there is no environmental contamination;
3)
In the event the proposed system imposes an additional sewage load on the sewage disposal system, then information must be supplied that the existing sewage disposal system will adequately process the additional capacity proposed on the existing sewage system. In the event proof cannot be obtained, then the town has the authority to make additional requirements to ensure that the sewage disposal system will handle the proposed load;
4)
In the event that state laws or regulations will no longer allow the type of sewage disposal system, then the disposal system must be replaced, regardless of the opinion of any other agency;
6.
If the proposed use is a business or place of public assembly, a proposed parking layout, drainage plan, and all other information required by the industrial zoning, commercial zoning or planned unit development sections of this ordinance, as appropriate;
7.
If a wind energy conversion system is proposed, the same must be safe. No more than one system per dwelling or business shall be allowed. The planning and zoning commission shall have the authority to request such additional information it deems necessary to make a recommendation to the board of trustees concerning approval or disapproval of a wind energy system, specifically disallowing the use if it is determined unsafe;
8.
Copy of the deed to the real estate where the structure is located;
9.
Copy of the title or proof of ownership of the manufactured home;
10.
The location of any oil and gas wells within 660 feet of the proposed building; and.
11.
Any other information that the town deems appropriate or relevant.
B.
A verification and signature of the applicant and owner of the property verifying the truth and accuracy of the information contained in the application.
C.
A person designated by the board of trustees shall review and approve all permits that meet the requirements of the ordinance within 15 days from the receipt of the same.
D.
If any permit is denied for non-compliance, the applicant shall have 30 days to comply with the terms of this ordinance. If the applicant fails to comply within the time specified, then the application is deemed denied, and a new application, including fee payment, will be required.
E.
Any party who is denied a zoning compliance permit shall have the right to appeal the decision to town board of adjustment as provided in §13-196 of this ordinance.
F.
The issuance of any permits shall be in accordance with the form and fees as the town board may from time to time establish by resolution.
G.
It is unlawful for any person to obtain, have furnished, or receive any type of utility service without first obtaining the appropriate zoning compliance permit, and complying with all town regulations before utility service can be connected, the citizen must meet the utility company’s requirements.
H.
Any zoning compliance permit shall automatically become invalid six months after its issuance unless the work authorized by such permit commences within the six-month period. All zoning compliance permits issued shall have a period of one year from the time the work commences to be completed. If a permit is expired or abandoned for any reason a new application will need to be submitted. For good cause shown, one or more extensions of time, for periods not to exceed 90 days each, may be allowed in writing by the authorized representative of the town if the extensions are applied for prior to the time the permit becomes invalid.
§ 13-112 911 Address Markers.
Any person requesting an address for the placement of a dwelling, commercial business or industrial business, shall be required to have a 911 address marker provided by the Town of Slaughterville. Markers are optional for barns or other structures. Before obtaining the marker, the applicant shall pay the fee established by resolution for the marker and installation. Only town employees shall install all 911 address markers to ensure uniformity. Any person requesting a replacement of a current 911 address marker because of damage or otherwise shall pay the appropriate fee established by resolution.
§ 13-112.1 911 Addressing and Naming of Roads.
[Added 5-21-2024 by Ord. No. 115]
A.
Intent. These regulations are intended to promote the health, safety and general welfare of the public and to enhance the effective and efficient provision of emergency services to the citizens of the Town of Slaughterville by adopting a systematic approach to naming streets and roads and assigning 911 addressing numbers to properties with driveways.
B.
Purpose. The purpose of these regulations is to provide for a uniform, Town-wide system for providing street and road names and assignment of 911 address numbers to all dwellings, buildings, and habitable structures within the Town of Slaughterville to assist fire, police, rescue service providers, the Association of Central Oklahoma Governments (ACOG) (which is in charge of 911 services) and other organizations in the timely and efficient provision of their services to the residents and businesses within the Town.
C.
General Road Naming Principles.
1.
Any right-of-way serving four or more lots, residences, inhabitable structures, or businesses shall have a road name. Increased subdivision and development along a private right-of-way shall require the assignment of a road name when the number of addressable structures reaches four or more.
2.
Any master development plan, subdivision plan, lot split, or other site plan shall be submitted for review by the Planning and Development Administrator for proposed road names and road name requirements.
3.
The following restrictions shall apply:
a)
Road names shall not be abbreviated.
b)
Road names containing punctuation shall not be accepted.
c)
Road names which contain the same names, duplicate names, similarly spelled names, or phonetically sounding the same as other road names already in use shall not be permitted.
d)
Road names shall change at major four-way intersections and/or disjointed segments.
4.
All road names shall be approved by the Planning and Development Administrator (or their assigned designee), and an ACOG 911 MSAG road add/change request form shall be submitted to the Association of Central Oklahoma Governments (ACOG) along with any supporting documentation and maps with the proper legal description.
5.
If approval is not granted, the applicant shall be notified of all reasons why and shall be able to submit a new request.
6.
All subdivisions shall not be addressed, nor roads named until the final plat is approved by the Town Board of Trustees.
D.
Requesting Approval for a New Road Name.
1.
Any individual landowner or developer, prior to installing a new road name, shall submit the following to the Planning and Development Administrator, or their designee:
a)
A letter from the individual landowner or developer with absolute control over the road right(s)-of-way or a petition signed by at least 75% of the landowners who agree with the road name request and who live on the said road.
b)
A detailed map and/or plat(s), drawn to scale, showing the location of the roadway from its origin to its terminus, with locations of existing and proposed driveways, structures, and adjoining properties with direct access to the road.
c)
Three or more proposed names, in order of preference, and the explanation or reasoning for the request and choice of road names.
2.
The following restrictions shall apply:
a)
Road names shall not be abbreviated.
b)
Road names containing punctuation shall not be accepted.
c)
Road names which contain the same names, or similarly spelled names, or phonetically sounding the same as other road names already in use shall not be permitted.
d)
Road names shall change at major four-way intersections and/or disjointed segments.
3.
When all of the above requirements have been completed, then the Planning and Development Administrator (or their assigned designee) shall forward their approval to the Association of Central Oklahoma Governments (ACOG).
4.
If approval is not granted, the applicant shall be notified of all reasons why and shall be able to submit a new request.
5.
The applicant for a road name change or removal shall be financially responsible for replacement or removal of any existing road name signs and the replacement of the requested new signs upon approval.
E.
Numbering System Established. This section shall establish a uniform, Town-wide address numbering system for numbering all structures, whether residential, educational, religious, business, agricultural, or commercial in use, that is occupied full or part time by humans. All addresses shall consist of a number and road name assigned to each structure.
F.
Administration.
1.
The Planning and Development Administrator or their designated agent is hereby designated as the Town personnel responsible for the administration, implementation, and enforcement of this ordinance on all addressing within the Town of Slaughterville which shall be sent to the Association of Central Oklahoma Governments (ACOG) at the end of each year.
2.
No occupancy shall be allowed until an assigned address number has been assigned as specified herein and a 911 marker is placed on the property, all as set forth by the requirements herein provided.
G.
Assignment of Addresses. Street address numbers shall be assigned as follows:
1.
Whenever any person or property owner desiring to establish a dwelling, move in a manufactured home, build new construction, deciding to construct, erect for commercial use, industrial use, or PUDs, shall first make application, pay the necessary fees, and obtain a zoning compliance permit prior to the start of construction and shall be required to have a 911 address marker provided by the Town of Slaughterville.
2.
The Planning and Development Administrator or their designated agent will measure from an existing driveway that has a 911 address and take that measure and divide it by 4.44 then either add or subtract from the current address and be sure that the number fits with odd and even number order for the side of the road the driveway is located on. Not all current 911 addresses within the Town are accurate, so the new address may not follow the measurement process and it may be reviewed and given the best number possible that will fit within the parameters of the existing addresses.
3.
Only Town employees shall install 911 address markers to ensure uniformity. Any person requesting the replacement of a 911 address marker because of damage or otherwise shall pay the appropriate fee established by resolution.
4.
The following provisions shall apply:
a)
Manufactured home parks, mini-warehouses and complexes with a main structure serving multiple structures accessed by one entrance and owned by one landowner shall be assigned one number for the main driveway entrance to the structure and additional structures having a suffix of unit each with a number and not alphabetic.
b)
Single structures with multiple occupants shall have one address for the main driveway with each occupancy assigned the suffix unit each with a number and not alphabetic.
c)
Small lot subdivisions shall have consecutive numbers assigned to each driveway entrance. During the design phase, an address shall not be provided until the driveway is established and the structure is erected.
d)
Corner lots with two or more possible named road frontages shall be assigned based on the street the driveway that will be used to enter the structure.
e)
Alphabetical extensions shall not be used in numbering structures.
f)
Structures which are numbered by a method not assigned or approved by the Planning and Development Administrator shall be immediately removed and not used for any purpose.
g)
All numbers shall be sent to the Association of Central Oklahoma Governments (ACOG) for input into the GIS mapping program.
H.
Requesting Approval for a 911 Address.
1.
Any individual landowner requesting a building number shall pay the appropriate fee set by resolution and shall submit the following to the Planning and Development Administrator or their designee:
2.
Following receipt of the request, the applicant will be notified by the Planning and Development Administrator of approval or the need for more information.
I.
Size and Location of 911 Address Markers.
1.
Street address numbers for property owners shall be provided after the fee is collected.
2.
The markers shall be double-sided Carsonite with three-inch-by-twenty-inch white reflective decals on both sides with black nonreflective numbers.
3.
The numbers shall be 2.5 inches in size, and they will be put on a 911 marker by Town staff and installed by Town staff.
4.
All markers shall be set by the driveway, whether by the mailbox, electrical pole, or entrance into the property.
J.
Enforcement, Violations, and Penalties.
1.
Whenever the Planning and Development Administrator has reason to believe that a violation of any of the provisions of this ordinance has occurred, he/she shall give written notice of the violation to the person failing to comply and order the person to take corrective measures within 30 days from the date of notification.
2.
A violation of this ordinance is considered a nuisance and subject to abatement.
3.
If such person fails to comply with the order, the Planning and Development Administrator may recommend to the Board of Trustees all necessary actions to terminate the violation and abate the nuisance.
4.
Any violation of any provision of this ordinance shall be punishable by a maximum fine of $100. Each day of violation shall constitute a separate violation.
K.
Emergency. It being immediately necessary for the preservation of the public health, peace and safety of the Town of Slaughterville and the inhabitants thereof, an emergency is hereby declared to exist by reason whereof, this ordinance shall be in full force and effect from and after its passage and approval, as provided by law.
§ 13-113 Uses and Structures Permitted on Review.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §12; amended 9-19-2023 by Ord. No. 55]
A.
Certain uses and structures listed in each zoning district under “uses and structures permitted on review” shall be considered by the planning and zoning commission under the following procedures:
1.
An application for a “use permitted on review” shall be filed in the office of the town clerk.
2.
The fee for filing a “use permitted on review” application, as established by resolution, shall be paid.
3.
This application shall contain the location and proposed use of the site, the names of all property owners and the types of existing land uses within a 300-foot radius of the site, and any other pertinent material required by the planning and zoning commission on the application form.
4.
Before the application is presented to any boards for consideration, the property must comply with all town regulations. A hearing date will not be set until the property is compliant with all town regulations.
5.
The town clerk shall provide such publications as set forth in Title 11 O.S. §43-106, or amendments thereof, and notice to property owners as required by law, and cause the application to be placed on the agenda for the planning and zoning commission.
6.
The planning and zoning commission shall hold a public hearing thereon. Any public hearing may be continued as the planning and zoning commission shall determine.
7.
The planning and zoning commission shall, within a reasonable amount of time, complete its report as to the affect such proposed structure or use has upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, as well as approve or deny or provide contingencies as they deem appropriate for approval of the application. If the contingencies are not met within any time frame set, then the approval shall be withdrawn after notice and hearing is provided to the applicant.
8.
The planning and zoning commission shall provide a recommendation to the board of trustees, who will make a final determination. The board of trustees’ decision may be appealed by the applicant or citizens involved within 30 days to the district court.
9.
No use permitted on review will be granted for any property that is non-compliant with all town regulations.
B.
Approval by the board of trustees or a ruling on appeal shall not constitute issuance of a zoning compliance permit; application for a zoning compliance permit shall be a separate process, as fully set forth in §13-111.
C.
Mixed zoning districts shall be handled on a case-by-case basis and only as a use permitted upon review as a PUD.
§ 13-113.1 Purposes of Specific Use Permits.
[Amended 7-21-2020, by Ord. No. 100 §113.1; amended 9-19-2023 by Ord. No. 55]
A.
The town board of trustees may, after a public hearing and recommendation by the planning and zoning commission and after conducting public hearing required in accordance with the provisions of this section, authorize for specific parcels of land, the issuance of a Specific Use Permit.
B.
The uses listed in the Specific Use list are so clarified because of the size of the land they require or the specialized nature of the use, or they may more intensely dominate the area in which they are located or their effects on the general public are broader in scope than other types of uses permitted in the district.
C.
The designation of a Specific Use Permit as possible on the Specific Use List does not constitute an authorization or an assurance that such use will be permitted. Rather, each Specific Use Permit application shall be valued as to its probable effect on the adjacent properties and the community welfare and may be approved or denied as the findings indicate appropriate. (Title 11 O.S.§43-113)
§ 13-113.2 Conditions for Approval.
[Ord. No. 100, §113.2; amended 7-21-2020; amended 9-19-2023 by Ord. No. 55]
A.
Plans and Data to be Submitted. Prior to submission of a request for a Specific Use Permit, the planning and development administrator may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the town board of trustees relative to any application for a Specific Use Permit, the planning and zoning commission may require that the applicant furnish preliminary site plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. "Site plan" means the documents and plans which are needed to ensure that a proposed land use or activity is in compliance with the ordinances and applicable state and federal regulations, if any, and created by a licensed civil engineer. For uses in which the land use has possible environmental impact, the planning and zoning commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.
A site plan must be submitted and provide the following information:
1.
The site plan must be submitted in writing detailing which state and federal agencies regulate the proposed use, if any;
2.
The site plan shall specify how the facility will comply with all the town’s ordinances;
3.
The site plan will provide all the plans, data and information concerning the operation, location, function and characteristics of land or building use;
4.
The site plan shall show the location of buildings, parking, and other pertinent data concerning the operation of the proposed use; and
5.
For uses in which the land use has possible environmental impact, the planning and development administrator may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.
B.
The planning and development administrator shall submit to the Slaughterville Planning and Zoning Commission, at the first available meeting following receipt and review, the following recommendations:
1.
The names of outside consultants, if any, needed to review and evaluate the application;
2.
The types of studies, engineering reports, environmental studies, appraisals or other reports needed to fully evaluate the application;
3.
A proposed timetable for evaluation of the application;
4.
The performance standards that should be considered in approval or denial of the application.
C.
The Slaughterville Planning and Zoning Commission, upon receipt of the above recommendations, shall:
1.
Adopt a timetable for the processing of the application;
2.
Determine the dates of any and all public hearings that may be needed for the application;
3.
Schedule a date in which a hearing shall be held to consider the application and the proposed site plan; and
4.
Establish the amount of notice, if any, beyond the 300 feet radius of the exterior boundary of the subject property;
D.
At the hearing to consider the application and the site plan, the Slaughterville Planning and Zoning Commission shall proceed as follows:
1.
The chairman shall preside over the hearing;
2.
At the hearing, the applicant for the proposed use shall be allowed the opportunity to appear and present evidence, personally or by representative, and to otherwise provide argument in support of the proposed use, including the right to respond to opposing evidence or argument through cross examination of opposing witnesses or otherwise;
3.
At the conclusion of the applicant’s evidence, other witnesses who are unconnected with the applicant may appear to present evidence or argument to the positions asserted by other witnesses. To expedite this process, the planning and zoning commission shall provide an opportunity for the persons or entities desiring to participate in the hearing process to be identified at the start of this hearing. The planning and zoning commissioners shall serve as hearing officers and shall not be subject to examination or cross examination by the applicant, counsel, witnesses or individuals submitting evidence at the hearing;
4.
The proceedings may be electronically recorded in accordance with the Oklahoma Open Meetings Act and made available in accordance with the requirements of the Oklahoma Open Records Act. Should the applicant, the protestant or other participant require transcription, either through clerical transcription or by licensed court reporter, the cost of such transcription shall be paid by the requesting party;
5.
Copies of documentary evidence proposed to be used by the applicant, by town staff or by protestants and which evidence is in the possession of the town, shall be exchanged with the applicant and protestants who identify themselves at least 10 business days prior to the hearing. In the event additional documentary evidence is offered at the hearing, or changes have been made to the proposed site plan, and in the interest of justice requires admission of such evidence, the planning and zoning commission may grant a recess or otherwise continue the hearing to a date certain in order to allow a response, subject to the right of the opponent of such evidence to waive this right of delay;
6.
At the conclusion of the evidence, the planning and zoning commissioners shall deliberate in open session and announce its findings of fact and conclusions of law, upon motion and second, as determined by a majority vote of the total membership. If additional information is deemed necessary, the planning and zoning commission shall continue the hearing to a date certain to obtain additional information or for additional deliberation. The town staff shall prepare a written determination of all findings of fact and conclusions of law, which will thereafter be formally submitted for consideration by the planning and zoning commission.
a)
In reaching its decision, the commissioners shall consider the following factors, as required by state law and ordinance:
1)
The probable effect of the proposed use on the adjacent properties;
2)
The community welfare as affected by the proposed use;
3)
The impact of the proposed use on public facilities, including but not limited to parks, roads and utilities;
4)
The impact of the proposed use on private water wells or sewage disposal systems;
5)
The safeguards that can be imposed, if any, to diminish the effect on the adjacent properties, community welfare or public services; and
6)
Any other factors that affect the community welfare and the resources of the community.
b)
If the planning and zoning commissioners do not agree and there is a split decision, then the dissenters may present a minority report to the Board of Trustees.
7.
Any party affected by the decision of the planning and zoning commission, upon payment of a filing fee in an amount set by resolution and the filing of the appeal within the time limits specified by ordinance, may appeal to the town board of trustees the decision of the planning and zoning commission;
8.
The town board of trustees shall review the findings of fact, conclusions of law, evidence presented to the planning and zoning commission, and such other materials it deems necessary, and vote to:
9.
Any approved site plan shall set forth the conditions specified by the approval process and which may be required of the applicant and such plan when accepted shall be made a part of the permit issued for the specific use.
E.
Planning and Zoning Commission Requirements. The planning and zoning commission shall be the reviewing board and shall make recommendation to the town board of trustees who are the approval board for all Specific Use Permits. In the approval process, the planning and zoning commission may recommend to the town board of trustees that certain safeguards and conditions concerning permitted uses, lot sizes, setbacks, height limits, ingress and egress, off-street parking, loading arrangements, required facilities, buffers, open space areas, lighting, signage, landscaping, parking and loading, location or construction of buildings, uses and operation required, compatibility, land use density, bonding, insurance, and other such safeguards deemed necessary for protection and welfare of adjacent properties and the community as a whole.
The planning and zoning commission may, in the interest of the public welfare and to assure compliance with the intent of this ordinance and the Slaughterville Comprehensive Plan, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent properties and the community as a whole and be compatible with the natural environment and the planned capacities of public services and facilities, private water wells, sewage disposal systems, and any other factors that may be affected by the proposed land use. This may include the requirement of having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. The town may impose conditions including, but not limited to, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use density as may be indicated depending upon the proposed use and its potential effect on adjacent areas or the community.
F.
The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions and shall not be changed or amended except as authorized by the zoning ordinance with notice as specified thereby. The board of trustees shall maintain a record of conditions which are changed.
G.
Persons and Agencies Involved. The planning and zoning commission may request the involvement of any applicable persons and agencies, who may have specialized knowledge regarding the proposed Special Use. These may include but are not limited to: the Environmental Protection Agency, the Health Department or any other applicable agency or person.
H.
Designation of Zoning Map. A Specific Use Permit approved under the provisions of this ordinance shall not be considered as an amendment to the zoning ordinance; however, the Specific Use Permit shall be noted on the zoning map as follows: SUP - (the number of the request for a Specific Use Permit). Any of the conditions contained in a Specific Use Permit approval shall be considered as conditions precedent to the granting of a building permit for the specific use requested.
I.
Reasonable Conditions for Approval. The planning and zoning commission may impose reasonable conditions in conjunction with the recommendation of approval of a specific use permit.
1.
The conditions imposed shall meet the following requirements:
a)
Be designed to take into consideration natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
b)
Be related to the valid exercise of the police power, and to the proposed use or activity;
c)
Be necessary to meet the intent and purpose of the zoning requirements;
d)
Be related to the standards established in the ordinance for the land use or activity under consideration; and
e)
Be necessary to ensure compliance with those standards.
2.
The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions and shall not be changed or amended except as authorized by the zoning ordinance with notice as specified thereby. The planning and zoning commission shall maintain a record of all conditions which are changed.
J.
Time Limits for Implementation. If for any reason the approved specific use ceases operation for a period of one year, then the approval of said specific use shall be considered void and will require another public hearing review by the planning and zoning commission and town board of trustees. This shall also apply to any approved specific use that does not begin operation within one year of approval. This voiding of approval shall not apply if orderly progress toward completion of construction is taking place.
K.
Existing Non-Conforming Uses. Uses existing before the adoption of the Specific Use Permit ordinance, including non-conforming uses and their incidental and accessory uses, must receive a Specific Use Permit before any expansion of the use will be permitted.
§ 13-113.3 Specific Use List.
[Ord. No. 100, §113.3; amended 9-19-2023 by Ord. No. 55]
The following uses are allowed in all zoning districts by Specific Use permit as granted by the Town Board of Trustees:
Adult Entertainment Establishments |
Airport - Heliport |
Ammunition manufacturing |
Assembly plants |
Automotive assembly, or other assembly plants |
Blacksmith shops |
Bottling works |
Bus Station |
Cemetery |
Commercial poultry raising, hog raising, or other commercial raising facilities |
Commercial Theme Parks |
Commercial Resort Facilities (Minimum acreage requirement of 10 acres) |
Concrete Plants |
Contractor’s equipment storage yard, or rental facility |
Convalescent Homes |
Convict Pre-Release Center |
Crematory |
Cultural Heritage Centers |
Detention Center Juvenile or Adult |
Electric Generation Plant and/or Sub-Station |
Explosive or acid Manufacturing plants |
Foundry casting facilities |
Freight yards |
Gas manufacturing |
Golf Course |
Golf Driving Range |
Gun Club |
Hazardous waste disposal facilities |
Hospital |
Industrial Uses requiring a minimum acreage requirement of 10 acres |
Junk yards |
Juvenile Delinquency Center |
Kennel |
Landfill |
Liquor manufacturing |
Liquor wholesale facilities |
Machine Shops |
Manufacturing pottery |
Manufacturing, processing, compounding or packaging products |
Manufacturing, processing, or assembling products |
Mausoleum |
Medical Marijuana Disposal Facility |
Medical Marijuana Educational Facilities |
Medical Marijuana Grow Facilities to accommodate 5,000 plants per planting cycle or more |
Medical Marijuana Processing Facilities |
Medical Marijuana Research Facilities |
Medical Marijuana Testing Facilities |
Mining, Mineral, Sand or other types of Processing |
Mini-Storage |
Museum |
Nursing Homes |
Oil field equipment yards |
Office use when located on a ten-acre or larger tract |
Petroleum refineries |
Public or Private Attractions |
Public Schools |
Refuse Transfer Station |
Recycling Center |
Rifle and Skeet Range |
Salvage Yards |
Sanitary Landfill |
Schools |
Sewer Disposal Facility |
Stockyards, loading pens, rendering plants, slaughterhouses, meat processing plants |
Trade Schools |
Transfer stations |
Trucking facilities |
Utility yards |
Waste Disposal Facilities |
Water Treatment Facility and/or Water Storage Facility |
Welding shops |
§ 13-113.4 Use Conditions.
[Ord. No. 100, §113.4; amended 12-20-2022; amended 9-19-2023 by Ord. No. 55]
A.
If any proposed use on the Specific Use List is regulated by the zoning ordinance, then all conditions set forth in the zoning ordinance shall be met. Specific uses permitted shall comply with the most restrictive yard and height requirements of the district in which the specific use is located and in addition shall comply with all the requirements of the Town of Slaughterville Code of Ordinances.
B.
The conditions imposed upon the specific use need not be uniform with regard to each type of land use so long as equitable procedures recognizing due process principles and avoiding arbitrary decisions have been followed in making the regulatory decisions.
§ 13-113.5 Administration.
[Ord. No. 100, §113.5; amended 12-20-2022; amended 9-19-2023 by Ord. No. 55]
A.
Filing an application for Specific Use Permit. An application for a Specific Use Permit may be filed with the planning and zoning commission by the owner(s) of the property concerned, by the duly authorized representative thereof, by the holder of an option to purchase the affected real estate or by the purchaser in a contract to purchase realty. Such application shall be on a standard form furnished by the planning and development department of the town. All applications for a Specific Use Permit shall be accompanied by a site plan, drawn to scale by a professional architect/engineer of the proposed area showing the location of buildings, parking, and other pertinent data concerning the operation of the proposed use, which is created by a licensed civil engineer.
B.
Fee for Application. A fee, as set forth by resolution shall be required and paid with the Specific Use Permit application before the application will be considered.
C.
Notice of Hearing. Notice of the public hearing to consider a Specific Use Permit shall be mailed at least 20 calendar days before the public hearing held by the planning and zoning commission by mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property, and such additional notice deemed necessary by the planning and zoning commission.
The notice shall contain:
D.
Appeals. An applicant may appeal a decision of denial by the planning and zoning commission to the town board of trustees by providing written notice of its intent to appeal with the town clerk within 15 days of the date of recommended denial by the planning and zoning commission. The town board of trustees may reverse the recommendation of the planning and zoning commission by a two-thirds vote of the members of the town board of trustees.
E.
All ordinances in conflict with this ordinance are hereby repealed.
§ 13-114 Re-Zoning and Amendment Applications.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 12-20-2022, Ord. No. 55 §13; amended 9-19-2023 by Ord. No. 55]
A.
Any property owner within the Town of Slaughterville, Oklahoma, may petition the town board of trustees for a change or amendment to the provisions of the zoning ordinance or official zoning districts map, by obtaining, filling out and filing an application for re-zoning or zoning ordinance amendment with the town clerk. The planning and zoning commission may also initiate “administrative re-zoning.”
B.
Before the petition is presented to any boards for consideration, the property must comply with all town regulations. A hearing date will not be set until the property is compliant with all town regulations.
C.
The fee for filing such application shall include the notice and publication costs of such application, the review costs incurred by municipal personnel, and other administrative costs; and shall be set pursuant to resolution.
D.
The town clerk shall notify the planning and development administrator and the chairman of the planning and zoning commission and cause said application to be placed on the agenda for the next scheduled meeting of the planning and zoning commission and adequate legal notice shall be given.
E.
The planning and zoning commission shall consider any re-zoning or zoning ordinance amendment application at a public meeting, prior to making and submitting recommendations to the town board of trustees.
F.
No re-zoning, amendment, change or supplement shall become effective until the proper hearings have been held in accordance with the law of the State of Oklahoma in Title 11 O.S. §43-104 et seq., or amendments thereof.
G.
In the event of a written protest against a re-zoning or request for amendment, then the provisions of Title 11 O.S. §43-105 et seq., or amendments thereof, shall apply.
H.
The planning and zoning commission may, from time to time, initiate studies or administrative proposals for re-zoning, or changes or amendments to the zoning ordinance; provided that they are in the public interest and provided also that before taking action on any such study or proposal, adequate and legal public hearing(s) shall have been held by the town board of trustees.
I.
All amendments, changes, supplements or re-zoning shall become final and effective upon passage and publication of an ordinance reflecting and detailing said amendment change, supplement or re-zoning.
J.
Applications to change zoning district boundaries heard and decided by the town board of trustees will not be set for hearing again within six-months from the date of decision, and then only for applications wherein the applicant can show a material change in the surroundings or produce new evidence which might affect the decision, and then only upon a new application and payment of the required application fee as set forth by resolution. Motions for re-hearings will not be entertained. An application that is heard by the planning and zoning commission but requested to be deferred prior to a decision by the town board of trustees, may be re-scheduled and heard any time within 12 months of the date of deferral without filing a new application or paying a new filing fee. Any request for hearing on a deferred application which is not re-scheduled within 12 months from the date of deferral shall lapse and be heard only after the filing of a new application and the paying of the required application fee for rezoning.
§ 13-115 Non-Conforming Lots, Structures and Uses.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 7-21-2020; amended 12-20-2022; amended 8-15-2023; Ord. No. 55 §14; amended 9-19-2023 by Ord. No. 55]
A.
Within the zoning districts established by this ordinance, or within subsequent amendments thereto, there may exist lots, structures, and uses of land and/or structures which are lawful prior to the adoption of this zoning ordinance, but which would be prohibited, regulated or restricted under the terms of this zoning ordinance, or any future amendments thereto. These are referred to as non-conforming lots, structures and uses and are set forth by state law in Title 11 O.S. §44-107.1 It is the intent of this zoning ordinance to:
1.
Consider such non-conforming uses to be incompatible with permitted uses in the zoning districts involved.
2.
Permit these non-conforming uses to continue until they are removed, enlarged, or altered, but not to encourage their extended survival, subject to the provisions set forth in Subsection §13-115A3.
3.
Manage any non-conforming residential use of land that resulted from pre-established small lot size and changes in minimum lot size requirements from this or previously adopted zoning ordinances, in a manner which will improve the quality of the residential structure, including tearing the existing structure down and replacing it with a new structure, while limiting the number of dwellings on the non-conforming lot size to one.
B.
Non-conforming uses. Within the zoning districts established by these regulations or amendments that may later be adopted, there are uses, structures and tracts of land which were lawful before this ordinance was adopted. Such nonconforming uses, structures and tracts of land are regulated by the following:
1.
If any non-conforming use ceases for any reason, for a period of more than six months any subsequent use shall conform to the regulations specified by this zoning ordinance for the zoning district in which the same is located, unless good cause is shown to permit a return to non-conforming use.
2.
A non-conforming use shall not be expanded or moved in whole or in part to any other portion of the tract of land on which it is located, except residential non-conforming uses as outlined in §13-115A3.
3.
A structure which does not conform to the requirements of these regulations shall not be erected in connection with said non-conforming use of land.
4.
No such non-conforming use shall be enlarged, increased or extended, to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this zoning ordinance, except residential non-conforming uses as outlined in §13-115A3.
5.
Any non-conforming use of a building or structure may be extended throughout any parts of said building or structure.
6.
Improvements or remodeling which do not increase the size or intensity of the use shall be permitted.
§ 13-116 Height Regulations.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §15; amended 9-19-2023 by Ord. No. 55]
The following requirements provide exceptions to, or qualify and supplement, the specific zoning district provisions set forth in Article 2 herein, §13-129 et seq.:
§ 13-117 Mobile Homes, Manufactured Homes, Trailers, Recreational Vehicles, and Travel Trailers.
[Ord. No. 55, §17; amended 4-21-2015; amended 9-19-2023 by Ord. No. 55]
§ 13-118 Off-Street Parking.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §17; amended 9-19-2023 by Ord. No. 55]
It is the intent of these requirements that adequate parking and loading facilities be provided on private property outside of the street easement and/or right of way of each use of land within the Town of Slaughterville, Oklahoma. These requirements are intended to be based on the demand created by each use and shall apply to all uses in all zoning districts.
A.
Off-street parking areas shall be laid out to provide systematic and orderly circulation and maneuvering.
B.
Off-street parking spaces, aisles and access driveways shall not concentrate and drain surface water onto or across a public right-of-way, sidewalk or walkway, or onto any adjacent property and shall provide an acceptable method of drainage.
C.
All lighting equipment used in illumination of off-street commercial or industrial parking areas shall not create a nuisance or hazard for traffic or adjoining property occupants.
D.
All parking shall meet the requirements of the Americans with Disabilities Act and any other rules and/or regulations regarding handicapped parking facilities.
E.
No vehicles or trailers of any type, including but not limited to commercial, travel, camping trailers, hauling trailers, recreational vehicles, manufactured homes, and mobile homes, shall be parked or stored in a manner which impedes, blocks the view, or hinders the flow of traffic. All vehicles parked in such a manner may be towed at the owner’s expense.
§ 13-119 Special Setback Lines.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §18; amended 9-19-2023 by Ord. No. 55]
Notwithstanding the setback standards within each of the zoning districts, the special setback provisions in this section shall also apply.
A.
Special building setback lines, to accommodate future development, street improvements and uniform setbacks, are hereby established along certain streets. No building or structure, whether temporary or permanent, shall be erected closer to the street than the distance specified in this ordinance.
B.
For county and private roads, the setback line shall be measured from the center-line of the road to the nearest point of the proposed structure closest to the road and shall be at least 75 feet from the center-line of the road for residential uses; 100 feet for commercial or industrial uses; and 100 feet for schools, churches or other public or institutional buildings.
C.
For state highways the setback line shall be measured from the center-line of the existing highway to the nearest point of the proposed structure closest to the road. The front setback line shall be at least 150 feet from the center-line of the road for all zoning districts and uses.
D.
The rear yard setback and side yard setback line shall be a minimum of 10 feet for all permanent structures.
E.
When a tract borders a federal, state or county roadway, then setbacks are in accordance with the greater of the requirements utilized by the town or the designated governmental entity.
§ 13-120 Miscellaneous Provisions.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018; amended 12-20-2022, Ord. No. 55 §19; amended 9-19-2023 by Ord. No. 55]
A.
Abandoned or Wrecked Vehicles. No person, firm, partnership or corporation shall without valid business purpose, store, accumulate, allow to accumulate, or allow to remain stored or accumulated after receipt of notice as is hereinafter provided, any wrecked or abandoned motor vehicle, or any recyclable or non-recyclable hulk or part of a motor vehicle within view of any preexisting residence or adjoining property situated in the Town of Slaughterville. The town or any homeowner or adjoining property owner aggrieved by any violation of this section may order the removal of any motor vehicle, hulk or part stored in violation hereof upon 30 days' written notice to the owner of the land where such motor vehicle, hulk or part is stored. Upon the failure of the offending party to comply with said order, the aggrieved party may obtain injunctive and mandamus relief for the removal of matter so stored or accumulated or for screening of the matter so stored or accumulated from view from the adjoining property from the district court of the county where the residence is situated and, further; shall be entitled to recover reasonable attorneys' fees, court costs and other reasonable expenses of bringing suit. Any person, firm, partnership or corporation with valid business purpose for the above, shall ensure the real property used for such purpose is appropriate and that all zoning district requirements are met. Provided, nothing within this section shall prohibit the accumulation or storage of farm-related vehicles upon any property currently used for agricultural or ranching-related purposes. (Reference Title 21 O.S. §1048).
B.
Animals. Animals, may be raised or kept, as fully provided in the animal regulations set forth in § 4-101 et seq.
C.
Commercial Communication Towers. Towers shall be regulated as fully provided in the tower ordinance set forth in § 5-201 et seq.
D.
Fire Safety. All commercial property, industrial property, institutional property and all property which is intended for public use must have adequate fire safety in accordance with the rules and regulations of the Oklahoma State Fire Marshall’s Office, the State of Oklahoma, and the National Fire Code.
E.
Manufactured housing, mobile home park and travel trailer park, and subdivision development. All manufactured housing, mobile home parks, travel trailer parks, and subdivisions for the same shall be developed and/or constructed in accordance with all requirements of § 13-201 et seq.
F.
Oil and Gas Well Location. No zoning compliance permit shall be issued for a dwelling located within 660 feet from an existing oil and gas well unless exceptions are allowed in the oil and gas ordinance.
G.
Phased Development. Consistent with the provision of the town’s zoning compliance permit requirements, a developer or property owner may establish separate phases for a project and request permission from the Town of Slaughterville, Oklahoma, to utilize said phased development provisions. In any such situation which involves the re-zoning process, the developer, property owner, etc., must meet the conditions herein, as well as any other requirements of the town’s adopted subdivision regulations set forth in § 13-401 et seq., construction codes and the overall code of ordinances, which includes zoning compliance permit requirements. A notice of intent to request a phased development must be provided to the town clerk, accompanied by two copies of the following additional items:
1.
A preliminary statement of the need for a phased development or construction, with reference to the need(s) based on the project’s size.
2.
A site plan, showing phases and appropriate timetables.
3.
A statement of intent to guarantee construction, and evidence to support availability of the method(s) to be used to finance said construction.
4.
Plans and specifications for all proposed construction elements to be phased.
5.
Other requirements may be required by the town depending on the project that is being proposed.
H.
Portable and Temporary Buildings, including Tents, Firework Stands, Peddlers, Solicitors, and Roadside Stands. All portable buildings, temporary buildings, tents, firework stands, roadside stands and all other temporary vending stands, or structures, door to door peddlers, solicitors, and door to door salespersons shall register with the Town, pay the appropriate fees for such registration as may be established by Resolution, and receive a temporary permit. The temporary permit fee shall be set by Resolution and the amount of the fee shall be determined by the time frame requested for the temporary purpose. This provision does not apply to vendors who are selling products produced or made on their own property. All peddlers, solicitors, and door to door salespersons shall be licensed with the State, if applicable, and shall collect and remit sales tax. This provision does not apply to those persons who are raising money for charitable purposes.
Any temporary permit may be revoked by town officials after notice and hearing, for any, but not limited to the following reasons:
1.
For fraud, misrepresentation, or false statement in connection with their registration and permit;
2.
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, services or merchandise;
3.
Any violation of law, including but not limited to failure to remit sales tax for any given period of time;
4.
Conducted the business permitted under this section in an unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public;
5.
Engaging in the business permitted in such a manner that he has created or is creating a public nuisance as defined by state law or ordinance; or
6.
To do any other act that is in violation of federal, state, or local regulations and laws.
I.
Refuse Disposal. The storage, collection and disposal of refuse shall be managed to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, air pollution, water pollution, or any other public health safety hazard. All refuse must be fully contained. Burning of household trash is not allowed pursuant to the provisions contained in §18-201 et seq.
J.
Sanitary Sewer Service. No structure or use in any zoning district shall be erected or initiated unless and until the Department of Environmental Quality or other appropriate agency approves and certifies, at the sole cost of the property owner, that a sewage disposal system can be installed and operated effectively; provided however, that the sewage disposal system adheres to the municipal floodplain ordinance and all other pertinent ordinances. No lagoon shall be located closer than 25 feet from the property line, or the minimum setback, whichever is greater, which shall be measured from the outside base of the nearest dike.
In the event the proposed system imposes an additional sewage load on the sewage disposal system, then information must be supplied that the existing sewage disposal system will adequately process the additional capacity proposed on the existing sewage system. In the event proof cannot be obtained, then the town has the authority to make additional requirements to ensure that the sewage disposal system will handle the additional load.
K.
Sight View Lines at Intersections. No wall, fence, sign, structure or plant growth shall be allowed on any lot which obstructs sight view lines of drivers, persons on bicycles, or pedestrians. Moreover, nothing at an elevation above two feet six inches from the surface of the road shall be placed or maintained within a triangle formed by measuring from the middle of the intersection of the front and exterior side lot lines a distance of 33 feet along the front and side lot lines and connecting the points so established to form a sight view triangle on the area of the lot adjacent to a street intersection.
 |
L.
Signs. All signs shall be in total compliance with the provisions of the Town of Slaughterville, Oklahoma, sign ordinance set forth in §13-301 et seq.
M.
Soil Erosion and Water Drainage.
1.
Where property is traversed by a watercourse, drainage channel, minor or major tributary or river, there shall be a storm water drainage easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and/or construction as will be adequate for the purpose. It is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width, for maximum potential volume of flow.
2.
Where topography or other conditions are such as to require drainage facilities in addition to those provided within road rights-of-way, perpetual unobstructed easements at least 15 in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
3.
When a proposed drainage system will carry water across private land outside the property, appropriate drainage rights and easements must be secured.
4.
Low-lying lands within special flood hazard areas and subject to flooding or overflow during storm periods, shall be preserved and retained in their natural state as drainage ways.
5.
Bridges, culverts or low water crossings shall be provided where driveways are installed into continuous streets or alleys and shall generally be sized and constructed to accommodate the 100-year frequency rain, based on the drainage area involved.
N.
Temporary Housing. A housing unit, either attached to or detached from the primary housing unit on a temporary or short-to-medium term basis, as a separate living unit, is allowed. To qualify for temporary housing the unit must be:
1.
Employed on a non-permanent basis.
2.
Approved administratively by the Town Administrator, or their designated representative, as fully set forth herein, with requirements for approval including:
a)
There must be no conflicts with the private covenants in effect for the subdivision, if applicable;
b)
All setbacks must be complied with or have a variance approved.;
c)
The total lot coverage by all residential structures must not exceed 65% of the lot; and
d)
All codes and fire distance separation rules must be observed.
3.
Travel trailers, recreational vehicles, toy haulers, and other like vehicles (all of which shall be referred to in this section as “recreational vehicles”) are allowed as temporary housing only, and must meet the following requirements:
a)
Any person requesting a permit to reside in a “recreational vehicle” must apply for and receive a temporary zoning compliance permit.
b)
Once application is made, the Code Enforcement Officer, or their duly appointed representative shall inspect the “recreational vehicle” to ascertain whether the “recreational vehicle” meets the following minimum requirements as set forth in Ordinance 59, §13-203, and as follows:
1)
Sanitary facilities: every “recreational vehicle” shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet (toilet) all in working condition when properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be in sanitary working condition free from leaks and obstructions.
2)
Hot and cold water supply: every kitchen sink, lavatory and tub or shower in the “recreational vehicle” must be connected to a supply of both cold and hot water.
3)
Water heating facilities: every “recreational vehicle” shall have water-heating facilities in safe, working condition.
4)
Smoke detector: every ‘recreational vehicle” shall be provided smoke detector installed in accordance with the manufacturer’s recommendations and listing.
5)
Windows: every habitable room excluding bathrooms, kitchens, and hallways shall have at least one window that can be opened, facing directly to the outdoors.
6)
Ventilation: every habitable room shall have at least one window which can be opened or such other device that will ventilate the room.
7)
Electrical: every “recreational vehicle” shall have an electrical service that is in safe, working condition.
8)
Exterior walls: the exterior of the “recreational vehicle” shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to the occupied spaces of the “recreational vehicle”. No tarps shall be allowed.
9)
Exterior siding: the exterior siding of the “recreational vehicle” shall be free of rot and unreasonable amounts of rust that could impair the structure.
10)
Roofs: roofs shall be structurally sound and have no obvious defects, which might admit rain or cause moisture to collect on the interior portion of the “recreational vehicle.”
11)
Interior floors, walls, and ceiling: every floor, interior wall and ceiling shall be in sound condition to prevent the admittance of rain or moisture.
c)
All “recreational vehicles” must be connected to utilities such as electricity, sewage, and water;
d)
If all of the above has been met, then the Town Administrator, or their duly appointed representative, shall issue a temporary zoning compliance permit for no more than one year.
e)
An extension shall be allowed by proper application and approval, without the necessary permit fee, for good reason, but the extension shall not exceed an additional one-year period of time.
f)
An applicant may appeal a decision of denial by the Town Administrator to the town Board of Trustees by providing written notice of their intent to appeal with the Town Clerk within 15 days of the date of recommended denial. The town Board of Trustees may reverse, uphold, or modify the recommendation of the Town Administrator.
O.
Accessory houses, including but not limited to, guest houses, pool houses, garage apartments, whether attached or detached, permanent in nature or as a separate living unit, but in no event a manufactured home or a recreational vehicle:
§ 13-121 Separability.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §20; amended 9-19-2023 by Ord. No. 55]
If any section, clause, paragraph, provision or portion of this zoning ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section; clause; paragraph; provision; or portion of said ordinance, and to this end, the provisions of this zoning ordinance are declared to be separable.
§ 13-122 Enforcement and Administration.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 7-21-2020; amended 12-20-2022, Ord. No. 55 §21; amended 9-19-2023 by Ord. No. 55]
A.
These regulations shall be enforced by the code enforcement officer/inspector, or a designated representative acting at the direction of the town board of trustees, who shall review all zoning compliance permit applications and the citizen’s premises for compliance with zoning ordinance provisions. The code enforcement officer has the right to go onto a citizen’s premises for the purpose of inspecting the property to be able to determine compliance with the town’s ordinances.
B.
It shall be a violation of these regulations for any person to change or permit a change in the use of land, buildings or structures without the proper approval of a zoning compliance permit or rezoning of the property.
C.
It shall be a violation of these regulations for any person to erect, alter, move or improve any building or structure involving a sewage disposal system, or establish a business until a zoning compliance permit has been obtained from the town under the terms set forth in the code of ordinances of the Town of Slaughterville, Oklahoma, and/or the building code adopted by said municipality. The zoning ordinance requirement for a zoning compliance permit shall not apply to the construction or use of farm buildings for agricultural purposes, or the planting of agricultural crops; such buildings shall, however, observe all requirements of all other portions of this zoning ordinance and all other municipal regulations.
D.
In the event, there is a violation of the terms of this ordinance, the town may seek any relief accorded by the law of the State of Oklahoma or any other relief set forth in this ordinance. Any violation of this ordinance shall constitute a nuisance.
E.
The provisions of this ordinance may be enforced by any affected person through injunctive proceedings in any court of competent jurisdiction. For the purposes of this section, the word “person” shall include, but not be limited to, the Town of Slaughterville and a private citizen. In the event a lawsuit is filed, attorney fees, court costs, and all other costs to the town shall be recovered.
§ 13-123 Violations and Penalties.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015, Ord. No. 55 §22; amended 9-19-2023 by Ord. No. 55]
A.
Any person who violates any provision of this ordinance shall be guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed the limits established by state law. Each day upon which such violation continues shall be deemed a separate offense.
B.
In case any building, structure or land is constructed, altered, converted, maintained or used in violation of this zoning ordinance, the Town of Slaughterville, Oklahoma, in addition to other remedies available, may institute any proper action or proceedings to prevent such unlawful activities, in order to restrain, correct or abate such violation. Nothing contained herein shall prevent the Town of Slaughterville from filing suit against the owner, operator, or licensee for violations of the provisions of this ordinance and seeking injunction, abatement of a nuisance or removal of the non-conformity or any other appropriate relief as may be granted by the district court. In the event a lawsuit is initiated, the Town of Slaughterville shall be entitled to all fines, attorney fees and costs incurred in the said lawsuit, which shall include the costs of bringing the action, service of process, expert fees, the costs associated with the code enforcement officer, and any and all other costs which have been incurred.
C.
The cost of removing or abating any non-conformity or nuisance may be collected by any other legal means available.
D.
In cases where it is deemed impractical summarily to abate the nuisance, the Town of Slaughterville may bring suit in the district court. All costs of bringing the suit, which shall include attorney fees, service of process fees, expert fees, all costs associated with abating the non-conformity or nuisance, fines, costs associated with the code enforcement officer, and all other costs shall be assessed against the property as provided herein.
E.
Any violation of this ordinance shall result in the Town of Slaughterville requesting and recouping from the violator all costs associated with the enforcement of this ordinance, including but not limited to all attorney fees, court costs and all other costs associated with the code enforcement officer’s time and expenses.
§ 13-124 Abatement of Nuisance or Non-Conformity.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 7-21-2020, Ord. No. 55 § 22; amended 9-19-2023 by Ord. No. 55]
A.
The code enforcement officer or duly authorized individual is hereby authorized to order the owner, operator, or licensee or occupant of any premises in the Town of Slaughterville to remove from such premises, at his own expense, any non-conformity or source of hazard, danger, filth, condition conducive to breeding insects or rodents that might contribute to the transmission of disease, or any other condition that could have an immediate adverse effect on the public health within 24 hours, or within such other time as might be reasonable. Such order shall be in writing and served on the owner, operator, licensee or occupant, or a copy thereof may be left at the last usual place of abode of such owner, occupant, or licensee; such order may be served by posting a copy thereof on the premises, or by publication in at least one issue of a newspaper having a general circulation in the Town of Slaughterville.
B.
If such order is not followed within the designated time frame, then the town may cause the order to be executed and complied with, and the immediate nuisance abated, and the cost thereof shall be certified to the county clerk, who shall add the same to the ad valorem taxes assessed against the property; and such cost shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the Town of Slaughterville issuing the order, for reimbursement of the funds used to pay such costs. All costs shall include attorney fees, court costs, the costs of service of process, expert fees, all costs associated with the code enforcement officer, and all other necessary costs involved in abating the nuisance or non-conformity.
C.
Pursuant to Title 50 O.S. §§16 and 17, failure to comply with town regulations and this zoning ordinance shall constitute a nuisance and may be abated for the protection of the public health the public parks and the public water supply, whether inside or outside of the corporate limits. Whenever it is practical, the town may summarily abate any such nuisance pursuant to the provisions set forth §13-124. Whenever it is impractical to summarily abate the nuisance, then the town may take action by the adoption of a resolution to direct the bringing of a lawsuit in the District Court in Cleveland County for the purpose of abating the nuisance. In either event, all costs involved, including attorney fees, shall be assessed against the property on which the nuisance existed or is maintained, and to declare such costs and fees a judgment against said property; and order and direct the sale of the property for the purpose of satisfying the judgment; and shall cause the same to be sold and proceeds thereof applied to the payment of all costs and fees involved in abating any such nuisance.
D.
Removal of trash and weeds.
1.
The Town of Slaughterville may cause property within the municipal limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:
a)
At least 10 days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the county treasurer's office before the town holds a hearing or takes action. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that unless such work is performed within 10 days of the date of the notice the work shall be done by the municipality and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the municipality. At the time of mailing of notice to the property owner, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. However, if the property owner cannot be located within 10 days from the date of mailing by the town, notice may be given by posting a copy of the notice on the property or by publication, as set forth in Title 11 O.S. §1-102, one time not less than 10 days prior to any hearing or action by the town. If the town anticipates summary abatement of a nuisance in accordance with the provisions of subsection 2 of this section, the notice, whether by mail, posting or publication, shall state: "that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six months from and after the date of this notice may be summarily abated by the Town of Slaughterville; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner";
b)
The owner of the property may give written consent to the town authorizing the removal of the trash or the mowing of the weeds or grass. By giving written consent, the owner waives the owner's right to a hearing by the Town of Slaughterville;
c)
A hearing may be held by the town to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit, and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property;
d)
Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of the town are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the necessary duties as a governmental function of the town. Immediately following the cleaning or mowing of the property, the town clerk shall file a notice of lien with the county clerk describing the property and the work performed by the town, and stating that the town claims a lien on the property for the cleaning or mowing costs;
e)
The town shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The town clerk shall forward by mail to the property owner, as shown by the current year's tax rolls in the county treasurer's office, a statement of such actual cost and demanding payment. If the cleaning and mowing are done by the town, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance, and equipment required. If the cleaning and mowing are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;
f)
If payment is not made within 30 days from the date of the mailing of the statement, then within the next 60 days, the town clerk shall forward a certified statement of the amount of the cost to the county treasurer of Cleveland County and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. Once certified by the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the county treasurer. In addition, the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At the time of collection, the county treasurer shall collect the statutory fee for each parcel of property. The fee shall be deposited to the credit of the general fund of the county. If the county treasurer and the town agree that the county treasurer is unable to collect the assessment, the town may pursue a civil remedy for collection of the amount owing and interest thereon by an action in person against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, if any, the town clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien; and
g)
The town trustees hereby designate the town administrator, or the duly appointed representative, to carry out the duties of the town in Subsection C of this section. The property owner shall have a right of appeal to the town trustees from any order of the town administrator or the duly appointed representative. Such appeal shall be taken by filing written notice of appeal with the town clerk within 10 days after the administrative order is rendered.
2.
If a notice is given by the town to a property owner ordering the property within the town limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in Subsection D1 of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement the town shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within 10 days after the date of mailing the notice. The notice and hearing shall be as provided for in Subsection D1 of this Section. Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in paragraphs (e) and (f) of Subsection D1 of this Section. This subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to Subsection D1 of this section.
3.
It is unlawful for owners of property or persons otherwise in possession or control of property located within the town to allow trash to accumulate, or weeds to grow or stand upon the premises and the town may impose penalties for violation.
4.
As used in this section:
a)
"Weed" includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:
1)
Exceeds 12 inches in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds;
2)
Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;
3)
Harbors rodents or vermin;
4)
Gives off unpleasant or noxious odors;
5)
Constitutes a fire or traffic hazard; or
6)
Is dead or diseased.
7)
The term "weed" shall not include tended crops on land zoned for agricultural use which are planted more than 150 feet from a parcel zoned for other than agricultural use.
b)
"Trash" means any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, or waste, or matter of any kind or form which is uncared for, discarded, or abandoned.
c)
"Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.
d)
"Cleaning" means the removal of trash from property.
5.
The provisions of this section shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the Oklahoma Corporation Commission. However, the town may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this section but only if such weeds or trash pose a hazard to traffic and are located in, or within 10 yards of, the public right-of-way at intersections. (Reference Title 11 O.S. §22-111)
E.
Condemnation of dilapidated buildings - notice - removal - lien.
1.
The town may cause dilapidated buildings within the municipal limits to be torn down and removed in accordance with the following procedures:
a)
At least 10 days' notice that a building is to be torn down or removed shall be given to the owner of the property before the town holds a hearing. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee. At the time of mailing of notice to any property owner or mortgage holder, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication as set forth in Title 11 O.S. §1-102. The notice may be published once not less than 10 days prior to any hearing or action by the town pursuant to the provisions of this section;
b)
A hearing shall be held by the town board of trustees to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property;
c)
Pursuant to a finding that the condition of the property constitutes a detriment, or a hazard and that the property would be benefited by the removal of such conditions, the town may cause the dilapidated building to be torn down and removed. The town shall fix reasonable dates for the commencement and completion of the work. The town clerk shall immediately file a notice of dilapidation and lien with the county clerk describing the property, the findings of the town at the hearing, and stating that the town claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. The agents of the town are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the town if the work is not performed by the property owner within dates fixed by the trustees. Any action to challenge the order of the trustees shall be filed within 30 business days from the date of the order;
d)
The town shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The town clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in paragraph 1(a) of this subsection. At the time of mailing of the statement of costs to any property owner or mortgage holder, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. If the town dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; and
e)
When payment is made to the town for costs incurred, the town clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six months from the date of the mailing of the statement to the owner of such property, the town clerk shall forward a certified statement of the amount of the cost to the Cleveland County Treasurer. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk. In addition, the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At the time of collection, the county treasurer shall collect the statutory fee each parcel of property. The fee shall be deposited to the credit of the general fund of the county. If the county treasurer and the town agree that the county treasurer is unable to collect the assessment, the town may pursue a civil remedy for collection of the amount owing and interest thereon including an action in person against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, the town clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.
2.
The trustees hereby designate the town administrator, or the duly appointed representative, to carry out the duties of the town in this section. The property owner shall have the right of appeal to the town trustees from any order of the town administrator. Such appeal shall be taken by filing written notice of appeal with the town clerk within 10 days after the administrative order is rendered.
3.
For the purposes of this section:
a)
"Dilapidated building" means:
1)
A structure which through neglect or injury lacks necessary repairs or otherwise is in a State of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of the general public;
2)
A structure which is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable or is a hazard to the health, safety, and welfare of the general public;
3)
A structure which is determined by the trustees or town administrator to be an unsecured building, as defined by §13-124(F)(3)(k)(2), for more than three times within any twelve-month period;
4)
A structure which has been boarded and secured, as defined by §13-124(F)(3)(k)(1) for more than six consecutive months; or (Reference Title 11 O.S. §22-112).
5)
A structure declared by the town trustees to constitute a public nuisance; and
b)
"Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.
4.
Nothing in the provisions of this section shall prevent the town from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety, or welfare of the general public.
5.
The officers, employees or agents of the town shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.
6.
The provisions of this section shall not apply to any property zoned and used for agricultural purposes. (Reference Title 11 O.S. §22-112).
F.
Tearing down and removal of dilapidated buildings - cleaning, boarding and securing of unsecured building.
1.
After a building has been declared dilapidated, as provided herein, and before the commencement of the tearing down and removal of a dilapidated building, the town trustees may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the trustees may authorize the structure to be demolished pursuant to the provisions of this section.
2.
The trustees may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of this title.
3.
The trustees may cause an unsecured building to be boarded and secured in accordance with the following procedures:
a)
Before the town board of trustees orders such action, at least 10 days' notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided herein. At the time of mailing of notice to any property owner or mortgage holder, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. A copy of the notice shall also be posted on the property to be affected. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property or by publication as defined in Title 11 O.S. §1-102. Such notice shall be published one time, not less than 10 days prior to any hearing or action by the town pursuant to the provisions of this section. If the trustees anticipate summary abatement of a nuisance in accordance with the provisions of this section, the notice shall state: "that any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the Town of Slaughterville; that the costs of such boarding and securing shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder";
b)
The owner of the property may give written consent to the town authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving written consent, the owner waives any right the owner has to a hearing by the town trustees;
c)
If the property owner does not give written consent to such actions, a hearing may be held by the trustees to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of this section. In making such determination, the trustees shall apply the following standard: the town may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children.
Upon making the required determination, the trustees may order the boarding and securing of the unsecured building.
d)
After the town orders the boarding and securing of such unsecured building, the town clerk shall immediately file a notice of unsecured building and lien with the county clerk describing the property, stating the findings of the town at the hearing at which such building was determined to be unsecured, and stating that the town claims a lien on the property for the costs of boarding and securing such building and that such costs are the personal obligation of the property owner from and after the date of filing the notice.
e)
Pursuant to the order of the trustees, the agents of the town are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the town.
f)
After an unsecured building has been boarded and secured, the town shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of the notice and mailing. The town clerk shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by mail to any property owners and mortgage holders as provided in this section. At the time of mailing of the statement of costs to any property owner or mortgage holder, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee.
If the town boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
g)
When payment is made to the town for costs incurred, the town clerk shall file a release of lien, but if payment attributable to the actual costs of the boarding and securing of the unsecured building is not made within 30 days from the date of the mailing of the statement to the owner of such property, the town clerk shall forward a certified statement of the amount of the costs to the Cleveland County Treasurer. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. At the time of collection, the county treasurer shall collect the statutory fee for each parcel of property and such fee shall be deposited to the general fund of the county. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the county clerk. In addition, the costs and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the costs and interest are fully paid. If the county treasurer and the town agree that the county treasurer is unable to collect the assessment, the town may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest if severed from the surface owner shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, the town clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.
h)
The town trustees hereby designate the town administrator or the duly appointed representative to carry out the duties of the trustees specified in Subsection E above. The property owner or mortgage holder shall have a right of appeal to the town trustees from any order of the town administrator. Such appeal shall be taken by filing written notice of appeal with the town clerk within 10 days after the administrative order is rendered.
i)
If the town causes a structure within the town limits to be boarded and secured, any subsequent need for boarding and securing within a six-month period constitutes a public nuisance and the structure may be summarily boarded and secured without further prior notice to the property owner or mortgage holder. At the time of each such summary boarding and securing, the town shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof. The notice shall state that the property owner may request an appeal with the town clerk within 10 days after the mailing of the notice. The notice and hearing shall be as provided for in paragraph (3)(a) of this subsection. Unless otherwise determined at the hearing the cost of such boarding and securing shall be determined and collected as provided for in paragraphs f and g of this subsection.
j)
The town trustees may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this subsection even though such building has not been declared, by the trustees, to be dilapidated; and
k)
For the purposes of this subsection:
1)
"Boarding and securing" or "boarded and secured" means the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure;
2)
"Unsecured building" shall mean any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure; and
3)
"Unfit for human occupancy" means a structure that due to lack of necessary repairs is considered uninhabitable and is a hazard to the health, safety, and welfare of the general public.
4)
The provisions of this section shall not apply to any property zoned and used for agricultural purposes. (Reference Title 11 O.S. §22-112.1)