Weatherford City Zoning Code
ARTICLE 9
Administration
§ 18-59 BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY REQUIRED.
This ordinance shall be enforced by the Building Inspector, acting at the direction of the Mayor. It shall be a violation of this ordinance for any person to change or permit the change in the use of land or buildings or structure or to erect, alter, more or improve any building or structure until a building permit has been obtained under the following conditions:
1.
Building Permits. No building or structure shall be built, enlarged, altered or moved without a permit from the Building Official. (See Article 2, Chapter 4 of this Code). The applicant for a building permit may be required to furnish the following information:
a.
A plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, together with a statement of the materials to be used, and the size arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.
b.
A declaration of the existing and intended use of each existing and proposed buildings or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.
c.
Additional information relating to the proposed improvement needed to determine compliance with these regulations.
d.
A survey prepared by an engineer registered in the State of Oklahoma of the boundaries of the lot on which the improvement is proposed to be located.
2.
Certificate of Occupancy. No change shall be made in the use of any land or building or structure after the passage of this ordinance until a certificate of occupancy is obtained from the Building Official, that all of the provisions of this ordinance are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the building permit.
§ 18-60 PROCEDURE FOR AUTHORIZING CONDITIONAL USES PERMITTED ON REVIEW.
The uses listed under the various districts herein as "Conditional Uses Permitted on Review" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. Unlike unconditional uses in a district, a conditional use is not automatically available to a property owner, who must first obtain a permit for the use. The following procedure is established to integrate property, the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedures:
1.
An application together with a filing fee shall be filed with the City Planning Commission for review. The application shall show the location and intended use of the site, the names of all the property owners and existing land uses within 300 feet, and any other material pertinent to the request which the Planning Commission may require.
2.
After the application for a conditional use has been filed with the City of Weatherford, a preliminary review is to be conducted by the City administrative staff and Building Official.
3.
The City Planning Commission shall hold one or more public hearings thereon.
4.
Permit Conditions. The requested conditional use shall meet all the following conditions as when considered by the Planning Commission:
a.
The use conforms to conditions listed in the zoning district requirements;
b.
The proposed use is not injurious to present use of the land nor prevents enjoyment of uses already permitted;
c.
The change should not impede normal and orderly development or improvement of surrounding property;
d.
Adequate utilities, access roads, drainage, and other necessary facilities are provided;
e.
Sufficient off-street parking and loading space are available;
f.
The conditional use does not create a nuisance (odors, fumes, dust, noise, etc.) in the area;
g.
Necessary license or permit from any other regulatory or governmental entity has been obtained;
h.
The permit is subject to periodic review by the City of Weatherford;
i.
If not used, conditional use permits are void after one year;
j.
The permit is not transferable from one applicant to another, so that a change in possession of the property terminates a permit. A new permit must be obtained by any subsequent applicant who can satisfy the permit condition.
5.
The Planning Commission shall within 45 days of the date of application, transmit to the City Commission its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendation of the Planning Commission concerning use thereon. Thereupon the City Commission may authorize or deny the issuance of a building permit for the use of land or buildings as requested.
§ 18-61 AMENDMENTS.
1.
The City Commission may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the Planning Commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of a public hearing on any proposed zoning change shall be given 20 days prior to the hearing by mailing written notice by the secretary of the Planning Commission, or by the City Clerk, real property as provided for in §18-62 of this chapter. The notice shall contain the:
2.
If a City proposes zoning reclassification 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 Commission may require, in addition to the notice requirements 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 notice shall state:
3.
In considering of a zoning change, the Planning Commission shall evaluate the following criteria:
a.
Is there a public need for additional land space to be rezoned as requested?
b.
Is there an alternative area for the use requested that would eliminate the need for rezoning?
c.
If a public need exists, should rezoning be done in the area requested or would the public interest be better served if rezoning was done in other areas?
d.
Would granting rezoning request conform to the present future land use plans of the City?
e.
Would granting the request adversely affect the property values of adjacent land owners?
f.
Would the request impose undue hardships such as noise, neon sign, odors, or other nuisances on adjacent land owners?
g.
If the request were granted, would necessary utilities be available?
h.
If granted, what additional public services would be required?
i.
Would the fiscal impact of the requested rezoning have an adverse affect upon the City's budget (capital and operating); that is, would added costs exceed anticipated revenues?
j.
Was there an error or oversight in preparing the original zoning map which indicates that the zoning requested should have been included then?
k.
Is this change really needed by the public or is it merely a convenience to the owner?
§ 18-62 PASSAGE BY THE CITY COMMISSION.
Every such proposed amendment shall be referred by the City Planning Commission for report.
1.
Regulations, restrictions and district boundaries of municipalities may be amended, supplemented, changed, modified or repealed. The requirements on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.
2.
Protests against proposed changes shall be filed at least three days before the date of the public hearings. If protests are filed by:
a.
The owners of 20% or more of the area of the lots included in a proposed change, or
b.
The owners of 50% 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 3/5 favorable vote of the Weatherford City Commission. |
Whenever the owners of 51% of the land in any area shall present a petition duly signed and acknowledged to the City Commission requesting an amendment of the regulations prescribed for such area, it shall be the duty of the City Commission to vote upon such amendment within 90 days of the filing of same by the petitioners with the City Clerk. |
For each petition for amendment to the Zoning Ordinance a fee plus the cost of legal publication shall be paid to the City Clerk. The rezoning application shall be set by resolution by the Weatherford City Commission. |
§ 18-63 CLASSIFICATION OF ANNEXED AREAS.
[Amended 11-30-2006, Ordinance 2006-14]
All new additions and annexations of land to the City of Weatherford shall be an (A) Agricultural District, unless otherwise classified by the City Commission for a period of time not to exceed one year from the effective date of the ordinance annexing the addition. Within this one-year period of time the Planning Commission shall study and make recommendations concerning the use of land within the annexation required to promote the general welfare and in accordance with the comprehensive plan, and upon receipt of such recommendations the City Commission shall, after public hearings as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the City Commission from establishing the district classification at the time of the annexation.
§ 18-64 VACATION OF PUBLIC EASEMENTS.
Whenever any street, alley or other public easement is vacated the portion vacated shall have the same district classification as the land to which the vacated portion accrues.
§ 18-65 INVALIDITY OF A PART.
In case any portion of this ordinance shall be held to be invalid or unconstitutional, the remainder of the ordinance shall not thereby be invalid, but shall remain in full force and effect.
§ 18-66 OFFICIAL ZONING MAP.
The City is hereby divided into zones or districts, as shown on the Official Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following works: "We hereby certify that this map was adopted as a part of Ordinance No. _____ the Zoning Ordinance of the City of Weatherford, introduced on the _____ day of _____, 19_____, and passed and adopted on the _____ day of _____, 19_____".
If in accordance with the provisions of this ordinance and Title 11, O.S. 1991, Sections 43-101 to 43-109, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the City Commission, together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Commission the following (change) changes were made in the Official Zoning Map: (brief description of nature of change), "which entry shall be signed by the Mayor and attested by the City Clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning Map amendment to this ordinance which involves matters portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and is punishable under Article 9, §18-68, of this ordinance.
Regardless of the existence of the purported copies of the Official Zoning Map which may from time to time be made of published, the Official Zoning Map which shall be located in the office of the City Clerk shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the City.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Commission may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors of omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No._____ of the City of Weatherford, Oklahoma."
§ 18-67 REPEAL OF CONFLICTING ORDINANCES.
Any ordinance now in effect that conflicts with any provisions of this ordinance is hereby repealed.
§ 18-68 VIOLATION AND PENALTY.
No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of this ordinance.
A violation of this ordinance shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be fined including costs for each offense as specified in § 9-31 of this Code. Each day a violation is permitted to exist shall constitute a separate offense.