There is hereby created a City Planning Commission, which shall consist of five members, all of whom shall be residents of the City as hereinafter provided. The members of the Commission shall be appointed by the Mayor with the consent of the Council. Members shall be appointed solely with reference to their fitness and shall serve without compensation except as hereinafter provided.

(Prior Code, § 2-8-1; Ord, No. 362, 3-1-1983; Ord, No. 499, 1-17-1995)

Cross reference— Qualifications, requirements of planning commission members, see §§ 2-701 et seq. of this Code.

State Law reference— Planning commissions may be established, duties and powers, 11 O.S. §§ 45-101 et seq.

Members of the City Planning Commission shall hold office for a term of three years with the exception that in the first instance two shall be appointed to serve a term of one year, two for a term of two years and one appointed for a term of three years; appointments thereafter shall be made for a term of three years, except when a vacancy occurs when the appointment shall be made to fill the unexpired term.

(Prior Code, § 2-8-2)

The Mayor and the City Engineer shall be ex officio members of the City Planning Commission, but shall receive no compensation other than their affixed salary as such officials.

Three members of the City Planning Commission shall constitute a quorum for the transaction of business. However, no action shall be taken and be binding upon the City Planning Commission unless concurred in by not less than a majority of all members comprising the City Planning Commission.

(Ord. No. 363, 3-1-1983)

The members of the City Planning Commission shall organize by electing from their members a Chairman, Vice-Chairman, and Secretary, and 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. The term of the officers shall be one year with eligibility for re-election. The Commission shall be at least once each month as needed.

(Prior Code, § 2-8-5)

The Commission shall have the power and authority to employ planners, engineers, attorneys, clerks and a secretary, or other help deemed necessary for the efficient operation of the Commission, subject to the approval of the City Council. The salary and compensation of such employees shall be fixed by the City and shall be paid out of the City treasury as other officers and employees, and the necessary expenses incurred by the Commission shall be appropriated and paid out of the City treasury as other legal expenses of the City government, but in no event may the Planning Commission be authorized to create a deficiency.

(Prior Code, § 2-8-6; Ord. No. 499, 1-17-1995)

A.

The Commission shall prepare and recommend to the Council for adoption a comprehensive plan for the physical development of the City and from time to time shall prepare plans for the betterment of the City as a place of residence or for business. In conducting its work, the Planning Commission may consider and investigate any subject matter tending to the development and betterment of the City, and make recommendations as it may deem advisable concerning the adoption thereof to any department of the City government, and for any purpose make, or cause to be made, studies, surveys, maps or plans for the conduct of its activities.

B.

Before final action may be taken by any municipality or department thereof on the location, construction, or design of any public building, statue, memorial, park, parkway, boulevard, street, alley, playground, public ground, or bridge, or the change in the location or grade of any street or alley, the question shall be submitted to the Planning Commission for investigation and report. Counties and school districts shall be exempted from the payment of a fee to obtain any license or permit required by a zoning, building, or similar ordinance of the City.

C.

All plans, plats, or replats of land laid out in lots or blocks, and the streets, alleys, or other portions of the same, intended to be dedicated to public or private use, within the corporate limits of the City, shall first be submitted to the Planning Commission for its approval or rejection. Before the plans, plats, or replats shall be entitled to be recorded in the office of the County Clerk, they shall be approved by the City Council. It shall be unlawful to offer and cause to be recorded any such plan, plat, or replat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. Any plat filed without the endorsed approval of the City Council shall not import notice nor impose any obligation or duties on the City. The disapproval of any such plan, plat, or replat by the City Council shall be deemed a refusal of the proposed dedication shown thereon.

(Prior Code, §§ 2-8-7, 2-8-8; Ord. No, 499, 1-17-1995)

The Planning Commission may exercise jurisdiction over subdivision of land and adopt regulations governing the subdivision of land within the City. Any such regulations, before they become effective, shall be approved by the City Council and shall be published as provided by law for the publication of ordinances. Such regulations may include provisions as to the extent to which streets and other ways shall be graded and improved and to which water, sewer, and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations may provide for a tentative approval of the plat before such installation and such tentative approval shall be revocable for failure to comply with commitments upon which the tentative approval was based and shall not be entered on the plat. In lieu of the completion of any improvements or utilities prior to the final approval of the plat, the Commission may accept an adequate bond with surety, satisfactory to the Commission, to secure for the City the actual construction and installation of the improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the Commission, and further conditioned that the developer will pay for all material and labor relating to the construction of the improvements. The City may enforce the bond by all appropriate legal and equitable remedies.

(Prior Code, § 2-8-9; Ord. No. 499, 1-17-1995)

The City Planning Commission shall have additional authority and responsibility as the City Council shall from time to time prescribe and which are consistent with statutory grant of power.

(Ord. No. 499, 1-17-1995)

Editor's note— Ord. No. 499 also repealed prior code § 12-113 on variances.

Cross reference— See also Board of Adjustment, variance procedures, § 12-125 of this Code.

There is hereby created a Board of Adjustment consisting of five members, citizens of the City, each to be appointed by the Mayor with the approval of the City Council for a term of three years and removable for cause by the governing body, upon written charges and after public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose term becomes vacant. For the first appointment under the provisions of this article, however, one member shall be appointed for a term of one year; two members shall be appointed for a term of two years; and two members shall be appointed for a term of three years. All appointments thereafter shall be for a term of three years. The Board shall elect a Chairman from its membership to serve for a term of two years.

(Prior Code, §§ 10-13-1, 10-13-2; Ord. No. 489, 8-3-1993)

State Law reference— Creation and powers of board of adjustment, 11 O.S. §§ 44-101—44-110.

The Board shall adopt rules in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, 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 shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record.

(Prior Code, § 10-13-3; Ord. No. 489, 8-3-1993)

Cross reference— Variance requests, zoning changes, see § 12-113 of this Code.

A.

The Board of Adjustment shall have the power to:

1.

Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance;

2.

Hear and decide special exceptions to the zoning ordinances 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 ordinance, and in accordance with the substantive and procedural standards of the zoning ordinance;

3.

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

4.

Hear and decide oil or gas applications or appeals. The Board of Adjustment shall be required to make the findings prescribed by section 12-126 of this chapter in order to grant a variance as to use with respect to any such application or appeal.

B.

Exceptions or variances may be allowed by the Board of Adjustment only after notice and hearing as provided in section 12-128 of this chapter. 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 questions, otherwise the variance or special exception shall be voidable on appeal to the district court.

(Prior Code, § 10-13-5; Ord. No. 489, 8-3-1993)

A.

When exercising the powers provided for in section 12-123 of this chapter, the Board of Adjustment, in conformity with the provisions of the ordinance, 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.

B.

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 zoning ordinance and section 12-123 of this chapter.

(Prior Code, § 10-13-5; Ord. No. 489, 8-3-1993)

The Board of Adjustment may 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 the zoning ordinance.

(Prior Code, § 10-13-5; Ord. No. 489, 8-3-1993)

A.

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

1.

The application of the ordinance 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.

(Prior Code, § 10-13-5; Ord. No. 489, 8-3-1993)

A.

Applications for all variances and special exceptions shall be written and filed with the City Clerk. The application must include:

1.

The name of the owner of the real property;

2.

The street address of the real property;

3.

The legal description of the real property;

4.

A brief description of the variance of special exception requested; and

5.

The reason for the request.

B.

The City Clerk shall forward the application to the Chairman of the Board of Adjustment within three days of filing.

C.

The Chairman shall fix a reasonable time for the hearing by the Board of Adjustment on the application. Notice of the hearing shall be given in accordance with the provisions of section 12-128 of this chapter.

(Ord. No. 489, 8-3-1993)

A.

Upon filing of an application pursuant to section 12-127 of this chapter or of notice of appeal pursuant to section 12-129 of this chapter, notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the City and by mailing written notice by the City Clerk to all owners of property within a 300-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

B.

The notice, whether by publication or mail, of a public hearing before the Board of Adjustment shall contain:

1.

Legal description of the property and the street address or approximate location in the City;

2.

Present zoning classification of the property and the nature of the appeal, variance or exception requested; and

3.

Date, time and place of hearing.

C.

On hearings involving minor variances or exceptions, notice shall be given by the City Clerk by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten days prior to the hearing and shall contain the facts listed in subsection B. of this section. The Board of Adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions. This statement of policy is subject to approval or amendment by the City Council.

(Prior Code, § 10-13-5; Ord. No. 489, 8-3-1993)

Appeals from the action of any administrative officer acting pursuant to any zoning ordinance, to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officers in the following manner:

1.

An appeal shall be taken within 30 days after the decision of the administrative officer by filing with the officer from whom the appeal is taken and by filing with the City Clerk a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the City Clerk certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken. The City Clerk shall forward all documents to the Chairman of the Board of Adjustment;

2.

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 of Adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and

3.

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.

A.

An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board of bureau of the municipality to the district court of Blaine County.

B.

The appeal shall be taken by filing with the Municipal Clerk and with the City Clerk within ten days from the filing of the decision of the Board, 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 filing 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 proceedings 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 Chairman 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 for notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance, and upon notice to the Chairman 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.

(Prior Code, § 10-13-6; Ord. No. 489, 8-3-1993)

A.

For the purpose of promoting health, safety, morals, or the general welfare of the City, the City Council may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

B.

In order to avail itself of the powers conferred by this article, the City Council shall appoint a commission to be known as the Zoning Commission to recommend the boundaries of the various original districts and to recommend appropriate regulations to be enforced therein. The Commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The City Council shall not hold its public hearings or take action until it has received the final report of the Commission. The Planning Commission shall be appointed as the Zoning Commission.

(Ord. No. 499, 1-17-1995)

A.

The City Council may divide the City into districts of such number, shape and area as it deems suitable in carrying out its powers as to buildings, land and structures. Within the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

B.

The City Council may enact nondiscriminatory zoning ordinances regulating the location for the sale for consumption on the premises of nonintoxicating beverages, as defined in 37 O.S. § 163.1, commonly called 3.2 beer; provided, however, that no special or separate classification shall be created only for businesses selling the product.

(Ord. No. 499, 1-17-1995)

Zoning regulations as to buildings, structures and land shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements; or to promote historical preservation. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(Ord. No. 499, 1-17-1995)

Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any regulation, restriction, or boundary shall become effective. At least 15 days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the City. The notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in the area.

(Ord. No. 499, 1-17-1995)

A.

Regulations, restrictions and district boundaries of the City may be amended, supplemented, changed, modified or repealed. The requirements of section 12-143 of this Code on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.

B.

Protests against proposed changes shall be filed at least three days before the date of the public hearings. If protests are filed by:

1.

The owners of 20 percent or more of the area of the lots included in a proposed change; or

2.

The owners of 50 percent or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.

(Ord. No. 499, 1-17-1995)

A.

Except as authorized in subsection B. of this section, in addition to the notice requirements provided for in section 12-143 of this Code, notice of a public hearing on any proposed zoning change, unless the City is acting pursuant to subsection B. of this section, shall be given 20 days prior to the hearing by mailing written notice by the Secretary of the Planning Commission, to all the owners of real property as provided for in section 12-143 of this Code. This notice shall contain the:

1.

Legal description of the property and the street address or approximate location in the municipality;

2.

Present zoning of the property and zoning sought by the applicant; and

3.

Date, time, and place of the public hearing. In addition to written notice requirements, notice may also be given by posting notice of the hearing on the affected property at least 20 days before the date of the hearing.

B.

If the City proposes zoning reclassifications in order to revise its comprehensive plan or official 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 City Council may require, in addition to the notice requirements provided for in section 12-143 of this Code, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notices shall state:

1.

The date, time and place of the public hearing;

2.

Who will conduct the public hearing;

3.

The desired zoning classification;

4.

The proposed use of the property; and

5.

Other information as may be necessary to provide adequate and timely public notice.

(Ord. No. 499, 1-17-1995)

If any building, structure or land is in violation of any municipal ordinance or other regulation, the proper local authorities of the City, or any other person affected thereby, in addition to other remedies, may institute appropriate action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the unlawful occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.

(Ord. No. 499, 1-17-1995)

Whenever the provision of a statute, local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards than any other applicable statute, local ordinance or regulation, then the provisions of the statute, local ordinance or regulation which impose higher standards or greater restrictions shall govern. In no event shall any provision of this article apply to any property of any railway company or terminal company.

(Ord. No. 499, 1-17-1995)