The development services application and review process is summarized in the table set forth in this section. The table indicates the notification and review required for each application type in the land development process. Specific requirements for each identified action are further set forth in this article.

DEVELOPMENT SERVICES APPLICATION/REVIEW PROCESS

(Ord. No. 3023, § 1(23.56), 3-3-2008; Ord. No. 3051, § 3, 12-15-2008)

The city council shall establish a land use application and review process by resolution.

(Ord. No. 3023, § 1(23.57), 3-3-2008)

(a)

Authority. The zoning district boundaries shown on the official zoning map may be amended only by the city council in accordance with the provisions of this section. Such amendment may be initiated by the city council on its own motion, upon the recommendation of the planning commission, or upon application by a property owner or authorized representative.

(b)

Application. A property owner or authorized representative shall request amendment of the zoning map by submitting the following documentation to the development services department:

(1)

Completed application for zoning map amendment and checklist furnished by the development services department;

(2)

A typewritten and electronic/digital copy of the legal description of the subject property, capable of being reproduced;

(3)

Applicable filing fee; and

(4)

A typewritten list and electronic/digital data capable of being reproduced as mailing labels, certified by the Payne County Assessor, licensed abstractor, attorney, engineer or architect, of all property owners within 300 feet of the subject property. The ownership list shall have been prepared no more than 30 days prior to submission.

(c)

Review and notice requirement. The planning commission shall review applications for zoning map amendment prior to consideration by the city council. After completing its review, the planning commission shall return the application with its recommendation to the development services department for submission to the city council. The city council shall hold a public hearing to consider the application. In the event two or more different applications requiring public hearings for the same property are considered together by the city council, only one public hearing shall be required. Notice that the city council will conduct a public hearing to consider such applications shall be published in a newspaper of general circulation in the city. Such notice shall also be given in writing by mail to all owners of property, within a 300-foot radius, excluding public rights-of-way, of the exterior boundary of the subject property. Required notices shall be published and mailed at least 20 days prior to the date of the public hearing and shall contain the following:

(1)

The legal description of the subject property and the street address, if any. Absent a street address, a clear and adequate description of the property's location in the city;

(2)

The current zoning of the property and the zoning sought by the applicant;

(3)

The date, time, and place of the public hearing; and

(4)

The notice to surrounding property owners shall also include a map showing the location of the subject property with respect to:

a.

Surrounding lots;

b.

Abutting streets;

c.

Railroads; and

d.

Waterways;

as applicable and necessary to convey clear and adequate understanding of the property's location.

(d)

Additional notice to be posted. In addition to the notice requirements in subsection (c) of this section, the city shall, at least 20 days prior to the public hearing, post a sign on the subject property stating:

(1)

The date, time and place of the public hearing;

(2)

The current zoning and the zoning classification sought; and

(3)

The address and phone number of the development services department where additional information is available.

The sign and lettering thereon shall be of sufficient size so as to be clearly visible and legible from at least one public street.

(e)

Exemption from notice. If the city proposes zoning reclassifications in order to revise its Comprehensive Plan or official zoning map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the notice requirements for posting a sign on the property and for notification by mail to property owners shall not apply. All other public hearing and notice requirements of this article shall remain applicable.

(f)

Protest. If a written protest against a proposed map amendment, signed by the owners of 20 percent or more of the area of lots included in the proposed change, or by the owners of 50 percent or more of the area within a 300-foot radius, excluding public rights-of-way, of the exterior boundary of the subject property, is filed in the office of the city clerk three or more days prior to the time of said public hearing, such amendment shall not become effective except by the favorable vote of at least four-fifths of all the members of the city council. For purposes of protest calculations, all public property within a 300-foot radius of the subject property shall be split, with one-half of the public property deemed to be protesting said map amendment and one-half of the public property deemed to be acquiescing in said map amendment.

(g)

Hearing procedure. Upon satisfaction that the required notice has been given, the city council shall hold a public hearing to review the proposed zoning map amendment, receive comments from interested parties, and receive the recommendation of the planning commission. Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings, or historical background.

(h)

Council action. The city council shall approve or deny the request for a map amendment. Approval shall be documented by corresponding changes in zoning district boundaries on the official zoning map and by passage and publication of an ordinance.

(i)

Reapplication moratorium. Reapplication for a zoning map amendment is prohibited for one year whenever:

(1)

The city council has denied a requested zoning map amendment, or, the application for a requested zoning map amendment is withdrawn by the applicant after the public hearing before the city council as required by subsection (c) of this section is convened; and

(2)

The reapplication requests the same zoning classification for the same property or a portion thereof as previously denied or withdrawn or the reapplication is for a planned unit development map amendment that will permit substantially the same use as the previously denied or withdrawn zoning map amendment.

The reapplication moratorium authorized in this subsection shall commence on the date of the denial or withdrawal, whichever is applicable. The director of development services shall make the initial determination whether an application for a zoning map amendment or planned unit development zoning map amendment is subject to the prohibition set forth herein. The determination of the development services director regarding the applicability of the reapplication moratorium is appealable to the board of adjustment by the applicant or an aggrieved party. The reapplication moratorium authorized herein shall not prohibit application for a zoning map amendment that will authorize a different use after denial or withdrawal of a requested zoning map amendment.

(Ord. No. 3023, § 1(23.58), 3-3-2008; Ord. No. 3051, § 4, 12-15-2008; Ord. No. 3221, § 2, 2-21-2013)

State Law reference— Process for amendments to zoning, 11 O.S. §§ 43-104—43-106.

(a)

Authority. The regulations and provisions established as the text of this chapter may be amended only by the city council in accordance with the provisions of this section. Such amendment may be initiated by the city council, by city staff or by the planning commission.

(b)

Review and notice requirement. The planning commission shall review proposals to amend the text of the land development code prior to final consideration by the city council. After completing its review, the planning commission shall return the proposal with its recommendation to the development services department for submission to the city council. The city council shall hold a public hearing to consider the proposal. In the event two or more different amendments to the text are considered together by the city council, only one public hearing shall be required. Notice that the city council will conduct a public hearing to consider such proposal shall be published in a newspaper of general circulation in the city. The notice shall be published at least 20 days prior to the date of the public hearing and shall contain the following:

(1)

A brief description of the nature of the proposed amendments to be considered; and

(2)

The date, time, and place of the public hearing.

(c)

Procedure. Upon satisfaction the required notice has been given, the city council shall hold a public hearing to review the proposed text amendment, receive comments from interested parties, and receive the recommendations of the planning commission.

(d)

Approval. The city council shall approve or deny the proposed text amendment. Approval shall be documented by passage and publication of an ordinance adopting the approved amendment.

(Ord. No. 3023, § 1(23.59), 3-3-2008)

State Law reference— Adoption of ordinances, 11 O.S. § 14-101 et seq.; adoption of certain zoning ordinances, 11 O.S. §§ 43-104—43-106.

(a)

Application. Requests for closing of public ways and easements shall be initiated by submitting the following documentation to the development services department:

(1)

Completed application and checklist on the appropriate form furnished by the development services department;

(2)

A typewritten and electronic/digital copy of the legal description of the subject property to be closed, capable of being reproduced;

(3)

Copy of existing and proposed restrictive covenants on the subject property;

(4)

A closing site plan drawn to an approximate scale and containing at a minimum the following:

a.

Dimensions of the subject property to be closed;

b.

Location and dimensions of all buildings, easements, utilities, rights-of-way, driveways, parking areas, property lines, and fences on or within 50 feet of the subject property to be closed;

c.

Location and dimensions of any proposed easements or relocated and/or to be removed utilities, sidewalks, and streets.

(5)

Applicable filing fee; and

(6)

A typewritten list and electronic/digital data capable of being reproduced as mailing labels, certified by the Payne County Assessor, licensed abstractor, attorney, engineer or architect, of all property owners within 300 feet of the subject property. The ownership list shall have been prepared no more than 30 days prior to submission.

(b)

Notice requirement. Prior to closing public ways or easements, a public hearing shall be conducted by the city council in accordance with the notice and procedural requirements herein. The city council shall fix the date and time of the public hearing by motion. Written notice of any proposed closing of a public way or easement shall be given to any holder of a franchise or others determined by the city to have a special right or privilege granted by ordinance or legislative enactment to use the subject public way or easement. Such written notice shall be given at least 30 days prior to the public hearing. A public notice of such hearing shall, at least 30 days prior to the public hearing, be published in a newspaper of general circulation in the city and shall contain:

(1)

The legal description of the subject property and the street address, if any. Absent a street address, a clear and adequate description of the subject property's location in the city;

(2)

A brief description of the nature of the application or action to be considered;

(3)

The date, time, and place of the public hearing; and

(4)

The written notice to franchise holders and others the city determines to have interest in use of the property granted by legislative action shall also include a map showing:

a.

The location of the subject property with respect to surrounding lots;

b.

Abutting streets;

c.

Railroads; and

d.

Waterways;

as applicable and necessary to convey clear and adequate understanding of the subject property's location.

(c)

Review. Upon compliance with all application requirements, the request for closing shall be reviewed by city staff and forwarded with a recommendation to the city council.

(d)

Procedure. Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings or historical background.

(e)

Approval. Upon satisfaction the required notice has been given, the city council shall hold a public hearing and approve or deny the proposed closing.

(f)

Reopen a public way or easement. The city shall retain the absolute right to reopen the public way or easement without expense to the city. The public way or easement may be reopened by ordinance when:

(1)

The city council deems it necessary; or

(2)

An application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed is filed with the city council.

(g)

Temporary closing. The city manager shall establish an application process and form for the temporary closing of streets, and sidewalks for safety reasons, construction or events.

(Ord. No. 3023, § 1(23.60), 3-3-2008; Ord. No. 3051, § 5, 12-15-2008; Ord. No. 3201, § 1, 9-17-2012; Ord. No. 3221, § 3, 2-21-2013)

State Law reference— Vacation of plats, streets, alleys, easements or public ways, 11 O.S. § 42-101 et seq.

The process for reviewing commercial use by right applications established by resolution of the city council is on file in the city clerk's office.

(Ord. No. 3023, § 1(23.61), 3-3-2008)

The process for reviewing minor amendments to approved site plans established by resolution of the city council is on file in the city clerk's office.

(Ord. No. 3023, § 1(23.62), 3-3-2008)

(a)

To be placed on planning commission agenda. Each plat submitted for preliminary or final approval shall be placed on the agenda of the planning commission only after fulfilling the specific requirements of these regulations. However, a plat not meeting all of the requirements may be submitted provided the subdivider presents with the plat a written request for specific exceptions and enumerates in detail the reasons therefor.

(b)

Review. Upon compliance with all application requirements, all plat/subdivision requests shall be reviewed by city staff.

(c)

Lot splits. Prior to approval of any lot split, there shall be filed an application requesting a lot split. The applicant shall submit at the time of application a survey of the intended division and inclusive of all affected properties. Lot splits will be approved administratively upon compliance with adopted regulations. Once compliance is verified, deeds in executable form shall be submitted to city staff and shall be stamped and signed by city staff that the deeds are approved and ready for recording. If a lot split creates a tract of land that does not comply with the specific zoning district requirements, then a lot combination must occur concurrently with the lot split unless the noncompliant tract meets the definition of an outlot and is so designated. Any lot combination resulting from the lot split application shall be included in the application for the lot split and shall show the existing and proposed property lines, existing structures, improvements, utilities and appurtenances, as identified thereto, and shall be indicated on the lot split drawing prepared by a licensed land surveyor used to illustrate and explain the proposed lot combination. Prior to the issuance of a building permit, when a lot combination has not been required for review and approval, a copy of a recorded deed indicating the combination of the lots shall be submitted as part of the building permit application, as applicable.

(d)

Minor subdivisions. Upon compliance with all application requirements, minor subdivisions will be reviewed for compliance with the adopted regulations. Once compliance is verified, deeds in executable form shall be submitted to city staff and shall be stamped and signed by city staff that the deeds are approved and ready for recording. Where the property to be subdivided or any portion thereof is part of a minor subdivision approved within the year preceding the date of application, a preliminary and final plat of said property shall be prepared and submitted to the planning commission and city council in accordance with the requirements herein.

(e)

Commercial minor subdivisions. Upon compliance with all application requirements, commercial minor subdivisions will be reviewed, in conjunction with development plan applications or with final planned development plan applications, for compliance with the adopted regulations. Once compliance is verified, deeds in executable form shall be submitted to city staff and shall be stamped and signed by city staff that the deeds are approved and ready for recording.

(f)

Preliminary plats.

(1)

Notice. Notice shall be provided by regular mail to the owners of property within 300 feet of the proposed subdivision prior to the planning commission meeting at which the proposal may be heard. In addition to a property owner letter, notice shall include a copy of the proposed subdivision and a map of its location.

(2)

Approval. The planning commission shall approve, approve conditionally, or disapprove the preliminary plat within 60 days of the date of its first review by the planning commission.

a.

Unless stipulation for additional time is agreed to by the subdivider and if no action is taken by the planning commission at the end of 60 days after the first review, the preliminary plat shall be deemed to have been approved.

b.

If the preliminary plat is disapproved or approved conditionally, the reasons for such action shall be stated in writing, a copy of which shall be signed by the planning commission chair, secretary, or designee and shall be transmitted to the subdivider/owner and the applicant/representative.

c.

The reasons for disapproval or conditional approval shall refer specifically to those parts of the comprehensive plan or city regulations with which the plat does not conform.

d.

On conditionally approving a plat, the planning commission shall require submission of a revised preliminary plat prior to planning commission review of any final plats based upon the preliminary plat.

e.

The subdivider shall file three paper copies and one reproducible copy of the approved preliminary plat with the development services department.

f.

Upon filing of the approved preliminary plat, improvement plans may be submitted for review in accordance with the approved preliminary plat.

(3)

After approval. Once the preliminary plat is approved, the subdivider may proceed with the construction of the subdivision improvements, provided that the improvement plans have been prepared in accordance with this chapter, with the approved plat, and have been approved for construction by the development engineering manager. The subdivider may proceed with the preparation and submittal to the city of a final plat. Preliminary plats shall expire two years from the date of approval unless a final plat of any portion is filed, based upon the preliminary plat.

(g)

Final plats.

(1)

Two years from preliminary plat approval. The final plat of any portion of the proposed subdivision shall be submitted to the planning commission and city council for final approval within two years of the date on which the preliminary plat was approved. If not submitted for final approval within such time, the preliminary plat shall be considered as having been disapproved unless the planning commission agrees to an extension of time prior to the expiration date, as requested by the subdivider. The developer shall file the final plat in the office of the county clerk within two years after approval by the city council, or, if not filed within such time, said approval of the final plat shall be considered as having been voided, unless extended by the planning commission and city council upon request by the subdivider prior to the expiration date.

(2)

Approval. The planning commission shall act upon the final plat within 45 days of the date of its first review by the planning commission. Unless a stipulation for additional time is agreed to by the subdivider and if no action is taken by the planning commission at the end of 45 days after the first review, the final plat shall be deemed to have been approved. This approval and date thereof shall be shown on the plat over the signature of the planning commission chair. A certificate by the development services director as to the date of submission of plat for final approval and failure of planning commission to act thereon within such time shall be sufficient in lieu of written endorsement of approval.

(3)

Disapproval. If the final plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the Mylar and prints to the applicant. The reasons for disapproval shall refer specifically to those parts of the comprehensive plan or ordinance with which the plat does not comply.

(4)

Accepted by development engineering manager prior to city council consideration. Prior to consideration of a final plat by the city council, improvement plans, a drainage study, and a drainage plan shall be accepted by the development engineering manager. The final plat shall be submitted to the city council for acceptance of the public ways and service and utility easements and land dedicated to public use. This acceptance of the plat shall be shown over the signature of the mayor and attested to by the director of finance or deputy. The lack of acceptance of any plat or plan by the city council shall be deemed a refusal of the proposed dedication shown thereon. Once accepted by the city council, the plat shall be recorded in the county courthouse.

(5)

Requirements for commercial subdivision prior to filing with county clerk. No final plat of any commercial subdivision shall be filed of record in the office of the county clerk unless:

a.

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

b.

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

(6)

Residential subdivisions may be filed prior to acceptance by city council. Final plats of residential one- and two-family subdivisions may be filed prior to the acceptance by the city council of the required improvements. No building permits will be issued until the required improvements are scheduled for acceptance by the city council, with the exception of developer sidewalks and/or traffic control devices.

Upon filing with the county clerk, the developer shall provide three paper copies and one Mylar copy of the filed plat to the city.

State Law reference— Plat approval, 11 O.S. § 45-104.

(h)

Correction of errors in plats. Municipal plats or plats of additions and subdivisions which have been erroneously described on any record in the chain of title to said plats, or are otherwise defective on their face, may be corrected pursuant to the provisions of 11 O.S. §§ 41-112—41-114.

State Law reference— Correction of errors and defects, 11 O.S. § 41-115.

(1)

Application. Requests for correction of errors in plats shall be initiated by submitting the following documentation to the development services department:

a.

Completed application and checklist on the appropriate form furnished by the development services department;

b.

Typewritten and electronic/digital copy of the legal description of the subject;

c.

Copy of existing or proposed restrictive covenants on the subject property; and

d.

Filing fee, as required by the appropriate provisions of this chapter related to the individual types of applications;

e.

The registered land surveyor who prepared said plat may execute a certificate stating the nature of the error and cure said defect. The surveyor shall refer to said plat by correct page number and book in which said plat is recorded by the county clerk. Said certificate shall be dated and signed by said registered land surveyor;

State Law reference— Similar provision, 11 O.S. § 41-115 B.

f.

If the registered land surveyor who originally certified said plat is not available, or if said plat was not prepared by a registered land surveyor, a certificate stating the nature of the error and cure said defect may be executed by any registered land surveyor, provided said certificate states the reasons why the registered land surveyor who prepared the plat was not available or that said plat was not originally prepared by a registered land surveyor.

State Law reference— Similar provision, 11 O.S. § 41-115 C.

(2)

Approval. The certificate shall be approved by the planning commission. If the correction alters or otherwise affects a right-of-way or easement of the city, such certificate shall also be approved by the city council.

State Law reference— Similar provision, 11 O.S. § 41-115 D.

(i)

Filing with county clerk. Once approved by the city, the certificate shall be retained by the county clerk of the county in which said plat is located and shall be recorded as a correction in the county plat book. A certificate filed pursuant to the provisions herein shall be prima facie evidence of the statements contained in said certificate and shall be received into evidence for that purpose. No such certificate shall have the effect of destroying or changing any vested rights which were acquired based upon an existing plat despite the errors or defects contained in said plat. The provisions of this section shall not prohibit any interested party from commencing an action in district court pursuant to the provisions of 11 O.S. §§ 41-112—41-114.

(Ord. No. 3023, § 1(23.63), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 41-115 E, F.

(a)

When a tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that strict adherence to the applicable subdivision requirements would cause substantial hardship or inequity, the planning commission may modify the design requirements to permit the property to be developed in a reasonable manner, provided, the public welfare and interests of the city are protected and the objective and spirit of these requirements are preserved. Requests for approval of such modification shall be presented to the planning commission in writing and shall include the reasons supporting each requested modification. Such modification may be approved only upon the affirmative vote of three-fourths of the regular membership of the planning commission.

(b)

If a single-family residence is proposed on an unplatted tract larger than 2.5 acres, the planning commission may waive any or all of the subdivision requirements it may deem necessary to avoid substantial hardship or inequity. Requests for approval of such waiver shall be presented to the planning commission in writing and shall include the reasons supporting each requested waiver. Such waiver may be approved only upon the affirmative vote of four-fifths of the regular membership of the planning commission. Each subdivision or development on a tract or lot shall be evaluated independently of prior action on that tract or lot.

(Ord. No. 3023, § 1(23.64), 3-3-2008)

(a)

Application. A property owner or authorized representative shall request a variance by submitting the following documentation to the development services department:

(1)

Completed application for variance furnished by the development services department;

(2)

A typewritten and electronic/digital copy of the legal description of the subject property, capable of being reproduced;

(3)

Copy of existing and proposed restrictive covenants on the subject property;

(4)

Applicable nonrefundable filing fee; and

(5)

A typewritten list and electronic/digital data capable of being reproduced as mailing labels, certified by the Payne County Assessor, licensed abstractor, attorney, engineer or architect, of all property owners within 300 feet of the subject property. The ownership list shall have been prepared no more than 30 days prior to submission.

(b)

Review and notice requirement. City staff shall review completed applications for variance prior to consideration by the board of adjustment. After completing this review, city staff shall forward the application with staff findings and recommendations to the board of adjustment. The board of adjustment shall hold a public hearing to consider the application. Notice of the public hearing to consider such application shall be published in a newspaper of general circulation in the city. Such notice shall also be given in writing by mail to all owners of property, within a 300-foot radius, excluding public rights-of-way, of the exterior boundary of the subject property. Required notices shall be published and mailed at least ten days prior to the date of the public hearing and shall contain the following:

(1)

The legal description of the subject property and the street address, if any. Absent a street address, a clear and adequate description of the property's location in the city;

(2)

Current zoning classification of the property and the nature of the variance requested; and

(3)

Date, time and place of the hearing.

(c)

Hearing. Upon satisfaction that the required notice has been given, the board of adjustment shall hold a public hearing to review the proposed variance, receive comments, testimony, and evidence from interested parties, and receive the recommendation of city staff. 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 herein, only upon a finding that:

(1)

The application 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 this chapter or the Comprehensive Plan; and

(4)

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

(d)

Approval. The board of adjustment shall approve or deny the variance request. In the event a variance is approved, the record of the meeting at which the variance was acted upon shall show that each element required to justify a variance was established; otherwise, said variance shall be voidable on appeal to the district court.

(e)

Minor administrative variance. The city manager may administratively grant a minor variance to a building set-back requirement as set forth in this Code upon application of the property owner as provided in subsection (a)(1)—(4). The city manager shall apply the standards of review set forth in section 23-23 of this Code. Any variance granted under this subsection shall not exceed a distance of three feet and shall be subject to the following additional restrictions:

(1)

The variance shall not create a violation of any code provision impacting life safety under chapter 10 or this chapter; and

(2)

The variance will not authorize the construction of a building with square footage greater than is authorized under the applicable bulk standard; and

(3)

The variance will not permit the structure to extend or encroach upon any drainage easement or drainage structure; and

(4)

The variance will not allow a structure to extend or encroach any closer than ten feet to a public water main, a public sewer main, or a city electric facility/equipment.

The city manager shall prepare written findings and an order granting or denying a minor variance under this subsection.

This subsection shall expire on June 30, 2020 unless extended by an ordinance adopted by the city council.

(Ord. No. 3023, § 1(23.65), 3-3-2008; Ord. No. 3051, § 6, 12-15-2008; Ord. No. 3221, § 4, 2-21-2013; Ord. No. 3451, § 1, 4-6-2020)

State Law reference— Variances, 11 O.S. § 44-107; notice requirements, 11 O.S. § 44-108.

Editor's note— In an email dated September 7, 2016, the city requested that § 23-66 be repealed from the Code to remove duplicated subject matter. Said section pertained to special exceptions and derived from Ord. No. 3023, § 1(23.66), adopted March 3, 2008. The user's attention is directed to § 23-22.

(a)

Enumerated. The following considerations shall be given the actions requested in the following:

(1)

To permit a contractor's office and/or equipment shed accessory to the construction project to have direct access from a minor street if it is determined that such location would result in less traffic on streets in residential areas;

(2)

To extend the time period beyond one year during which a contractor's office and/or equipment shed may be located at the same construction site;

(3)

To extend the time period beyond two years or until 90 percent of lots are sold for a real estate sales office incidental to the marketing of properties in a subdivision;

(4)

To permit the conversion of an existing residential structure to a nonresidential use, provided that such structure is determined to be architecturally similar or structurally sound in compliance with all code requirements;

(5)

To permit any multifamily apartment complex or structure which has been made nonconforming with regard to density and/or off-street parking by the adoption of this chapter to be reconstructed at the same density and number of off-street parking spaces existing prior to the time of destruction if destroyed by an act of God. Reconstruction must meet all applicable building codes in affect at the time of the reconstruction;

(6)

To permit the extension of a zoning district where the boundary line of the zoning district divides a single lot, tract, or parcel of land under one ownership.

(b)

Application. A property owner or authorized representative shall request a special exception by submitting the following documentation to the development services department:

(1)

Completed application for special exception furnished by the development services department; and

(2)

Applicable filing fee which is nonrefundable.

(c)

Review and notice requirement.

(1)

The city staff shall review completed applications for special exception prior to consideration by the board of adjustment. After completing this review, city staff shall forward the application with staff findings and recommendations to the board of adjustment. The board of adjustment shall hold a public hearing to review the proposed special exception, receive comments, testimony, and evidence from interested parties, and receive the recommendation of city staff.

(2)

Notice of the public hearing to consider such application shall be by mailing by the clerk of the board of adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property or adjacent to the property if a minor exception and shall be published in a newspaper of general circulation in the city at least ten days prior to the date of the public hearing and shall contain the following:

a.

The legal description of the subject property and the street address, if any. Absent a street address, a clear and adequate description of the property's location in the city;

b.

Current zoning of the property and the nature of the special exception requested; and

c.

Date, time and place of the hearing.

(d)

Hearing. In determining whether or not the special exception should be granted the board of adjustment shall consider and record in the official minutes of the meeting the extent to which the evidence demonstrates that:

(1)

Granting of the special exception will not adversely affect the rights of adjacent property owners or residents; and

(2)

Granting of the special exception will not cause substantial detriment to the public health, safety, convenience or general welfare.

(e)

Approval. The board of adjustment shall approve or deny the special exception request. In the event a special exception is approved, the record of the meeting at which the special exception was acted upon shall show that each element required to justify a special exception was established; otherwise, said special exception shall be voidable on appeal to the district court.

(Ord. No. 3023, § 1(23.66.1), 3-3-2008)

State Law reference— Special exceptions, 11 O.S. § 44-106; notice requirements, 11 O.S. § 44-108.

(a)

Application. Appeals from any action or decision of an administrative officer acting pursuant to article VI of this chapter to the board of adjustment shall be in the following manner:

(1)

Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer;

(2)

An appeal shall be taken within 30 days of administrative determination by filing a notice of appeal specifying the grounds therefor with the officer from whom the appeal is taken and with the board of adjustment. Upon receipt of the completed notice of appeal and the filing fee, the clerk of the board shall forthwith transmit to the board certified copies of all papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.

(b)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order that may be granted by the board, or by a court of record on application, or notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Hearing. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

Decision. The board may affirm or reverse, in whole or in part, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made. The concurring vote of a simple majority of the board membership shall be necessary to reverse any action resulting from a determination of the administrative officer under these regulations. The decision of the board shall be documented in writing without unreasonable delay after the close of a hearing.

(Ord. No. 3023, § 1(23.67.1), 3-3-2008)

State Law reference— Appeals to the board of adjustment, 11 O.S. § 44-109.

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to the county district court.

(b)

The appeal shall be taken by filing with the city clerk and with the clerk of the board of adjustment, within 30 days of the decision of the board of adjustment, a notice of appeal. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.

(c)

Upon the filing of the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board.

(d)

The appeal shall be heard and tried de novo in the district court. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

(e)

An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chair of the board, from which the appeal is taken, certifies to the court clerk, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the article, and upon notice to the chair of the board from which the appeal is taken, and upon due cause being shown.

(f)

The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions.

(Ord. No. 3023, § 1(23.67.2), 3-3-2008)

State Law reference— Appeal of decisions of the board of adjustment, 11 O.S. § 44-110.

(a)

A performance guarantee shall be in the form of a cash escrow, an irrevocable letter of credit or a performance bond. No performance guarantee shall be accepted unless it is enforceable by or payable to the city. The cash escrow or irrevocable letter of credit shall be in an amount equal to at least 125 percent, and a performance bond shall be in an amount equal to at least 100 percent of the cost of constructing or completing the improvements or any remaining improvements as estimated by the design engineer and approved by the development services director or their designee and in a form approved by the city attorney.

(b)

Performance guarantees may be reduced upon the acceptance of any one or more of streets, water system, sanitary sewer system and/or storm drainage system improvements. If the improvements for a subdivision of land or land development project are to be phased, the performance guarantee may also be reduced upon acceptance of any one or more of the said improvements for each phase of the subdivision or land development project.

(c)

Each performance guarantee shall remain in effect until the city council has accepted the required improvement for which the performance guarantee is in place. Cash escrows shall be in the form of a written agreement between the city and the subdivider/developer and such agreement shall ensure compliance with the provisions of this chapter. The terms of an irrevocable letter of credit shall ensure compliance with the provisions of this chapter.

(Ord. No. 3023, § 1(23.68), 3-3-2008)

Small business shall be considered the use of an existing developed site for the purpose of conducting a very low to no impact business on the site. The small business may be permitted, provided that the business is a use by right in the zoning category in which the business will be located. In order to establish a small business under these provisions, it must be determined by the development services director that the addition of the business to the developed site will have very little or no adverse impact on the site and the area surrounding the site. Prior to approval of a small business permit, a permit application shall be submitted to the development services department that contains at least the following information:

(1)

Business owner name and contact information;

(2)

Property owner name and contact information;

(3)

Written description of the proposed business;

(4)

Sketch showing the property, the site requirements such as parking and access, and the location of the proposed business; and

(5)

Signatures of the business owners and of the property owners.

(Ord. No. 3051, § 49, 12-15-2008)

The process set forth in section 23-46 shall govern the development of temporary project sites located within the city for a period of 18 months or less, except as follows:

(1)

Site development shall be coordinated through the development services department.

(2)

No development shall occur until the site developer and city enter into a memorandum of understanding (MOU) setting forth the terms of site development. The city manager shall be authorized to execute the MOU in accordance with this Code and shall be authorized to issue any project approval.

(3)

No paving shall be required if the site will be graveled for the duration of the project and the gravel can be removed and the site restored to predevelopment condition.

(4)

The site shall be returned to predevelopment condition.

(5)

A site plan shall be submitted by the site developer and approved by the city manager.

(6)

Electric service shall be extended to the site if necessary for site operations. The site developer shall bear the cost of such extension.

(7)

Water shall be extended to the site if necessary for site operations. The site developer shall submit a plan demonstrating compliance with the city and state department of environmental quality regulations and standards. The site developer shall bear the cost of such extension.

(8)

Sanitary sewer shall be extended to the site if necessary for site operations and existing service is located within 300 feet of the nearest property line of the site property. If existing service is located more than 300 feet from the nearest property line of the site property, the developer may use septic service consistent with this Code and the state department of environmental quality regulations and standards. The site developer shall submit a plan demonstrating compliance with city and the state department of environmental quality regulations and standards. The site developer shall bear the cost of such extension or installation.

(9)

The site developer shall submit plans demonstrating full compliance with all stormwater regulations and standards including, but not limited to detention and a stormwater pollution prevention plan (SWPPP).

(Ord. No. 3111, § 1, 10-4-2010)