There is hereby created a board of adjustment, with the powers and duties as hereinafter set forth and as defined by 11 O.S. § 44-101.

(Ord. No. 3023, § 1(23.17), 3-3-2008)

(a)

The board of adjustment shall consist of five members, all of them residents of the city, each to be appointed for a term of three years and removable for cause by the city council. All appointments shall be for yearly staggered terms of three years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. No member of the city council nor any official or employee of the city shall serve on the board of adjustment.

(b)

The board of adjustment shall elect a chair and a vice-chair to serve as acting chair in the absence of a chair. An employee within the development services department for the city shall be appointed by the board of adjustment to serve as clerk and shall serve for a term set at the discretion of said board.

(Ord. No. 3023, § 1(23.18), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 44-101.

The board of adjustment shall adopt rules in accordance with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chair and at such other times as the board of adjustment may determine. The chair, or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations, and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the city clerk and shall be public record.

(Ord. No. 3023, § 1(23.19), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 44-102.

(a)

The board of adjustment shall have the power to:

(1)

Hear and decide appeals in accordance with the requirements as set forth in 11 O.S. §§ 44-104 and 44-109 if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter;

(2)

Hear and decide special exceptions to the terms of articles VI through XV of this chapter, as prescribed herein, to allow a use, or a specifically designated element associated with a use, which is not permitted by right, in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment where specifically authorized by the zoning chapter and in accordance with the substantive and procedural standards of this chapter;

(3)

Authorize in specific cases, variances from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by article VI of this chapter when such cases are shown not to be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship and so that the spirit of the regulations shall be observed and substantial justice done; provided however, the board of adjustment shall have no power to authorize variances as to use except as provided in subsection (a)(4) of this section; and

(4)

Hear and decide oil and/or gas applications or appeals unless prohibited throughout by this Code. The board of adjustment shall be required to make findings prescribed by 11 O.S. § 44-107, in order to grant a variance as to use with respect to any such application or appeal.

(b)

Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided herein. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question; otherwise said variance or special exception shall be voidable on appeal to the district court.

(Ord. No. 3023, § 1(23.20), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 44-104.

When exercising the powers in section 23-20, the board of adjustment, in conformity with the provisions herein, may reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination from which appealed and may make such order, requirement, decision, or determination as ought to be made. The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to the regulations of this chapter and of 11 O.S. § 44-104.

(Ord. No. 3023, § 1(23.21), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 44-105.

The city council authorizes the board of adjustment to make special exceptions to specific uses allowed within each zoning category according to the zoning ordinance in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in article VI of this chapter.

(Ord. No. 3023, § 1(23.22), 3-3-2008)

State Law reference— Special exceptions, 11 O.S. § 44-106.

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

(1)

The application of article VI of this chapter to the particular piece of property would create an unnecessary hardship;

(2)

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

(3)

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

(4)

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

(Ord. No. 3023, § 1(23.23), 3-3-2008)

State Law reference— Variances, 11 O.S. § 44-107.

In order to direct the future development of the city, and to encourage social and economic improvements in accordance with modern city planning principles, and to ensure the orderly, efficient and economic arrangement and development of future projects, there is hereby created a planning commission for the city.

(Ord. No. 3023, § 1(23.24), 3-3-2008)

State Law reference— Planning commission, 11 O.S. § 45-101 et seq.

(a)

The city planning commission shall consist of five members all of whom shall reside in the city appointed by the city council. Members shall serve staggered three-year terms. Vacancies on the commission occurring otherwise than by expiration of a term of office shall be filled by appointment by the city council for the unexpired term of the member whose vacancy is being filled. Such appointment to fill an unexpired term shall not encumber the time served against full term reappointments. All members appointed to the planning commission shall be residents of the city and shall further be qualified by knowledge or experience to act upon matters pertaining to the physical, social and economic development and betterment of the city.

(b)

Any appointed member of the planning commission may be removed by the city council at any time. The city council shall be the sole judge of the qualifications of the members of such planning commission. Nothing contained herein shall be interpreted nor construed in violation of section 2-4 of the Charter. The removal of a member from the planning commission shall create a vacancy in the office of the member who was removed.

(c)

The members shall serve without compensation or pay, except that any member who incurs reasonable expenses at the direction of the city, or in official activities which are sanctioned by the city, shall be entitled to reimbursement in full by the city.

(d)

If any member of the city planning commission shall be absent for more than one-half of all the meetings of the commission, regular or special, held within any period of six consecutive calendar months, said person thereupon shall immediately cease to hold such office.

(e)

Immediately after the annual appointments to the planning commission by the mayor and city council, the planning commission shall organize by electing from its membership, for a term of one year, a chair and a vice-chair.

(Ord. No. 3023, § 1(23.25), 3-3-2008; Ord. No. 3188, § 1, 8-20-2012; Ord. No. 3382, § 6, 9-18-2017)

The planning commission shall adopt from time to time, such bylaws, rules and regulations and amendments thereto, as may be necessary to effectuate the purposes of this chapter. Such bylaws, rules and regulations shall comply with this chapter, all applicable ordinances and the city Charter.

(Ord. No. 3023, § 1(23.26), 3-3-2008)

Three members of the planning commission shall constitute a quorum for the transaction of business. No action shall be taken and be binding upon the planning commission unless concurred in by an affirmative vote of a minimum of three members.

(Ord. No. 3023, § 1(23.27), 3-3-2008; Ord. No. 3188, § 2, 8-20-2012; Ord. No. 3382, § 6, 9-18-2017)

The planning commission shall review all requests for map amendments, specific use permits, preliminary plats, final plats, correction of errors in plats, PUDs, annexations and text amendments to this chapter, and make recommendations as to the appropriate disposition of all such requests to the city council, unless otherwise provided. The city council may from time to time assign such additional duties and responsibilities as the city council may deem appropriate.

(Ord. No. 3023, § 1(23.28), 3-3-2008)

State Law reference— Powers and duties, 11 O.S. §§ 45-103, 45-104.

It shall be the duty of the development services director or designee, to administer these regulations and to issue permits for buildings or structures or for the use of any premises which comply with the provisions of this chapter. The development services director or designee, shall have the authority to issue citations to persons who violate these regulations or any other applicable provisions of this Code.

(Ord. No. 3023, § 1(23.41), 3-3-2008)

The development services director or designee, shall send by registered mail or personally deliver to the owner of the property, responsible occupant of the property, or other party responsible for any violation, a written notice of such violation. If the violation is not voluntarily corrected within five days after receipt of notification, the responsible party shall be subject to any and all remedies available to the city. Written notification of a violation shall not be necessary when the violation creates an immediate health or safety hazard to people or property. In these situations, the development services director or designee may issue a citation or cause a complaint to be filed without giving prior notice to the violator.

(Ord. No. 3023, § 1(23.42), 3-3-2008)

Any person may appeal a determination of the development services director or designee, as provided in section 23-68, apply for a special exception as provided in section 23-66 [23-22] or apply for a variance from the provisions of this chapter as provided in section 23-65.

(Ord. No. 3023, § 1(23.43), 3-3-2008)

(a)

No residential one- or two-family building permit shall be issued unless:

(1)

The improvements have been constructed in accordance with the provisions of this chapter and have been accepted by the city council; or

(2)

The project has met the definition of substantial completion as set forth herein and the subdivider/developer has entered into a development agreement with the city to complete the construction of all improvements and has filed with the city a performance guarantee in accordance with the provisions of this article for the portion of the improvements that have not been completed. Within four months after the issuance of the first building permit, the subdivider/developer shall complete all improvements in accordance with the provisions of this article, and if the improvements are not completed within the four months, no further building permits will be issued until the improvements have been completed and accepted by the city council. The process for obtaining a substantial completion inspection is set forth in section 23-346.

(b)

Residential one- or two-family development projects with approved phasing plans: No building permit shall be issued for an individual project phase until the requirements of subsection (a) of this section have been met for that specific project phase.

(c)

No commercial building permit shall be issued until:

(1)

The required improvements have been constructed in accordance with the provisions of this chapter and have been accepted by the city council; or

(2)

The subdivider/developer has entered into a development agreement with the city to construct all improvements and has filed with the city a performance guarantee that meets the requirements of this chapter.

(Ord. No. 3023, § 1(23.44), 3-3-2008)

(a)

A building permit for an industrial use in an industrially zoned district may be obtained through the standard permitting process as set forth in the city adopted building codes or through an expedited process. A building permit application following the expedited process shall, in addition to the requirements set forth in the "application for permit" section of the adopted building codes, contain the following information and be accompanied by the following submittals:

(1)

One full set of construction documents signed and sealed by a registered design professional as required by state statutes;

(2)

A sworn affidavit from owner of the building to be constructed that the construction will fully comply with the city adopted building codes and that the project will be inspected by an approved third-party inspector;

(3)

A sworn affidavit from the building contractor that the construction will comply with the city adopted building codes;

(4)

A sworn affidavit from a third-party plan reviewer that the construction documents have been reviewed and are in compliance with the city adopted building codes;

(5)

A letter from the owner of the building to be constructed setting forth the name, address, phone number and credentials, including licenses and certifications, of the third-party plan review agency that performed the plan review for the project and the third-party inspector or agency that will perform the inspections;

(6)

Payment of all required fees. The building plan review and inspection fees shall be waived and do not apply.

(b)

Upon receipt of a completed application and all required submittals, the building official shall examine or cause to be examined applications for permits and amendments under the expedited process within 24 hours, excluding weekends and holidays. If the application does not conform to the requirements stated in this section, the building official shall reject such application in writing, stating the reasons therefore in writing. If the building official is satisfied that the application conforms to the requirements of this section, the building official shall issue a permit immediately, provided that the applicant has met all of the applicable city land development requirements and has paid all required fees.

(c)

Insurance. The owner of the building to be constructed, the building contractor, the plan reviewer, and third-party inspector shall each maintain a general liability insurance policy in minimum amounts equal to the liability limitations set forth in Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq. The city shall be named as an additional insured on any such policy up to said statutory amounts. Proof of said insurance shall be submitted to the building official prior to issuance of the building permit.

(d)

Qualifications of inspectors. All third-party inspectors or agencies shall possess current appropriate licenses required by the state and shall be certified by the International Code Council in the appropriate professional category.

(Ord. No. 3023, § 1(23.46), 3-3-2008)

(a)

No structure or addition thereto requiring a building permit for construction, alteration, moving, remodeling, or reconstruction shall be occupied for any purpose, and no vacant land shall be used for any purpose except agriculture, and no use of any land or structure shall be changed to any other use, unless a certificate of occupancy has first been obtained from the building official certifying that the construction, use, or occupancy complies with all provisions of this chapter and all other applicable codes, rules or regulations.

(b)

Certificates of occupancy may be issued on commercial development projects whenever the project has met the definition of substantial completion as set forth herein. Within four months after the issuance of the first certificate of occupancy, the subdivider/developer shall complete all improvements in accordance with the provisions of this chapter or the subdivider/developer will be considered to be in default and no further building permits will be issued until the improvements have been completed and accepted by the city council.

(c)

Certificates of occupancy may only be issued on residential one- and two-family development projects whenever the improvements have been completed in accordance with the provisions of this chapter and have been accepted by the city council. Whenever a residential development project has an approved phasing plan, a certificate of occupancy may only be issued for an individual project phase whenever improvements have been completed in accordance with the provisions of this chapter and have been accepted by the city council for that specific project phase.

(Ord. No. 3023, § 1(23.47), 3-3-2008)

(a)

A certificate of occupancy for an industrial use in an industrial zoning district may be obtained through the standard permitting process as set forth in the city adopted building codes or through an expedited process. An application for a certificate of occupancy following the expedited process shall be accompanied by the following submittals:

(1)

A letter stating that the building has been completed and that a certificate of occupancy is being requested;

(2)

A sworn affidavit from the inspector or inspection agency that the building has been constructed in accordance with the city adopted building codes;

(3)

Certified copies of all inspection reports and notices;

(4)

One set of record drawings stamped and sealed by a registered design professional.

(b)

Upon receipt of a completed application and all required submittals, the building official shall make a determination as to whether all provisions of the city adopted building codes, this section, and other applicable laws have been met. If the building official is able to make such a finding, then a certificate of occupancy shall issue immediately upon payment of any applicable fees. If the building official is unable to make such a finding, then he shall state reasons therefor in writing.

(Ord. No. 3023, § 1(23.48), 3-3-2008)

Prior to the location of any mobile home, a permit shall be secured and a fee paid as follows:

(1)

Permit. The owner or park manager shall apply for a mobile home hookup permit when locating a mobile home in a mobile home park.

(2)

Fees. The applicant shall submit a fee in an amount established by resolution for a mobile home hookup permit. This fee shall cover all required inspections.

(3)

Inspections. The permit holder shall notify the building official, who thereafter shall cause to be made an inspection, upon completion of the following items:

a.

Plumbing and gas hookups, according to articles VIII and IX of chapter 10.

b.

Electrical hookup, according to article XI of chapter 10.

c.

Tie-downs and skirting.

(4)

Expiration. Mobile home permits are valid for a period of 180 days and shall remain active until the work is completed unless work is suspended or abandoned.

(5)

Revocation. Any act, omission, or condition which violates the mobile home park standards or which violates the building, plumbing, fuel gas, mechanical or electrical codes shall be grounds for revocation of the mobile home permit. The building official is authorized to suspend or revoke a permit issued under the provisions of the mobile home park standards whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation.

(Ord. No. 3023, § 1(23.49), 3-3-2008)

The city council may adopt and amend public rules and regulations for the administration of this chapter to the effect that the public is informed and that approvals are expedited.

(Ord. No. 3023, § 1(div. 4), 3-3-2008)

State Law reference— Amendments to regulations, restrictions, etc., 11 O.S. § 43-105.