The following have specific purview and authorities over the provisions of this UDC, and according to state law:

1.

Planning commission.

2.

City council.

3.

Board of adjustment.

4.

Development services director, or designee/staff.

(Ord. No. 1438, § I, 8-1-2023)

A.

Planning commission.

1.

General: In conducting its work, the planning commission may consider and investigate any subject matter tending to the development and betterment of the city and may make such recommendations as it may deem advisable to the city council. The planning commission may make or cause to be made surveys, studies, maps and plans in the conduct of its activities.

2.

Public improvements: Before final action is taken by the city council on the location or design of any public building, statue, memorial, park, boulevard, street, alley, playground, public grounds or bridge, or change in any location of any street or alley, such question shall be submitted to the planning commission for investigation and recommendation.

3.

Subdivisions: The planning commission may prepare and recommend to the city council for adoption rules and regulations governing the subdivision of land within the corporate limits of the city. All plans, plats or replats of land laid out in two or more lots, plats or parcels, or streets, alleys or other ways intended to be dedicated to public use within the corporate limits of the city shall first be submitted to the planning commission for its recommendations. The planning commission shall, with the help of appropriate municipal officials, check the proposed dedications or subdivision of land to ensure compliance with the rules and regulations governing the subdivision of land and with other elements of the comprehensive plan for the city.

4.

Zoning:

a.

Zoning commission: The planning commission shall also act as and have the powers and duties of a zoning commission. It shall have the power to prepare and to recommend to the city council for adoption a zoning plan to 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, the location and use of buildings, structures and land for trade, industry, residences and other purposes. The planning commission shall also have all other powers conferred upon zoning commissions by state law.

b.

Zoning districts: The planning commission may recommend the division of the city into districts of such number, size and area as may be deemed best suited to carry out the zoning plan. 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.

c.

Zoning regulations: Regulations 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 the overcrowding of land; to avoid undue concentration of population; and to facilitate adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. 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, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

5.

Comprehensive plan:

a.

Power and duty: The planning commission shall have the power and the duty to prepare and recommend to the city council for adoption a comprehensive plan for the physical development of the city. In the preparation of such plan, the planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, order; convenience, prosperity and general welfare as well as efficiency and economy in the process of development, including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds.

b.

Preparation: In the preparation of the comprehensive plan, the planning commission may, from time to time, prepare and recommend to the city council for adoption a part or parts thereof, which parts shall cover one or more major geographical divisions of the city or one or more major elements of the comprehensive plan.

c.

Amending: The planning commission may, from time to time, recommend extending, amending, or changing any portion of the comprehensive plan.

B.

City council. In addition to powers set forth in other sections of the City Code, the city council shall have the following powers relative to buildings, subdivision of land, and zoning.

1.

Subdivisions: The city council shall hear and make final decisions on subdivisions and platting of land.

2.

Zoning: The city council shall hear and make final decisions on zoning text and map amendments, special permit uses, and planned unit developments (PUD) and simplified planned unit developments.

3.

Comprehensive plan: The city council shall have the power to adopt a comprehensive plan for the physical development of the city.

C.

Board of adjustment.

1.

Administrative review: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the zoning administrator, building inspector, or other administrative officer in the enforcement of this chapter.

2.

Variance: To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustment that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.

b.

The application of this chapter to this particular piece of property would create an unnecessary hardship, not self-imposed by the owner or developer.

c.

Such conditions are peculiar only to the particular piece of property involved.

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this zoning ordinance or the comprehensive plan; provided, however, that no variance may be granted for a use of land/or building or structure that is prohibited by this chapter.

3.

In exercising its powers, the board of adjustment shall have the concurring vote of at least three of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the administrative officer for directing the issuance of a permit.

D.

Development services director or designee/staff.

1.

Administrative review: The development services director or designee/staff has the following powers pursuant to this UDC:

a.

To review and make decisions on temporary use permit applications.

b.

To review and make decisions on sign permit applications.

c.

To review and make determination if a proposed conditional use meets the conditions outlined in article 3, section 215-308.D.

d.

To review and make determination if a proposed dumpster screening approach meets the intent and standards outlined in article 3, section 215-306.D.

e.

To review and make determination if a proposed landscape plans is in conformance with the standards set forth in article 5, section 215-505.

f.

To review and make decisions on site plans.

g.

To review and make decision in the case of non-conforming parking lots and required landscaping as outlined in article 8, section 215-804.

h.

To review and make decisions on minor modifications provided they are within the scope and intent of the original approval. The following items shall be considered by the development services director or designee/staff in approving minor modifications:

i.

Compliance with all applicable requirements of this UDC; and

ii.

That the modification will not have substantial or undue adverse effect upon adjacent properties, the neighborhood, traffic conditions, parking public infrastructure and other matters affecting the public health, safety and general welfare.

2.

Referral to other review bodies: The development service director or designee/staff may refer any of the above administratively reviewable items, or any application that in the director's discretion presents issues that require planning commission or city council attention to those review bodies.

(Ord. No. 1438, § I, 8-1-2023)

A.

Application for zoning amendment. An owner or his duly authorized agent or representative may make application for the amendment of the zoning restrictions applicable to his property by filing with the planning commission a written application in such form and content as the city council may by resolution establish. An application for amendment shall be accompanied by the payment of a fee as set by the city council of the City of Yukon by resolution.

1.

Planned unit development and simplified planned unit development requirements.

a.

Design statement: Shall be a written narrative containing, at a minimum, the following:

i.

Project description: Including the title of the PUD; list of owners and/or developers with contact information, including email addresses; general location of the PUD and relationship to surroundings; project description/concept; and conformance to comprehensive plan.

ii.

Development standards: Including the base zoning district; allowed uses; design regulations; tract specifics; utilities information and street and access regulations (including driveway separation, number of access points, street design).

iii.

Special conditions: Including regulations for façade, landscaping, lighting, parking, sidewalk, signage, trash collection, open space, screening, and any other specific conditions.

iv.

Development sequencing: Including a description of project scheduling/phasing and platting requirements.

b.

Exhibits: representations of the planned development containing, at a minimum, the following:

i.

Legal description, including tracts, if applicable.

ii.

Topography map: prepared with a white background, at a scale of one inch = 100 feet.

iii.

Site plan: prepared with a white background, at a scale of one inch = 100 feet and showing limits of the base zoning district(s), general location of proposed land uses, acreage, building lines, location/vicinity map, residential densities, location of streets within the PUD and adjacent streets with right-of-way, location and approximate size of open space, greenbelts, and recreational areas, and location of driveways, where applicable.

iv.

Proposed building elevations: prepared with a white background at an appropriate architectural scale that depicts delineation of finish materials and shows the height, length, width and appearance of all proposed structures.

c.

Traffic study: A traffic impact analysis (TIA) shall be submitted with the filing of the PUD or SPUD application for the following:

i.

The average daily trip (ADT) generated exceeds 1,000 ADT.

ii.

Residential developments that net 100 or more new dwelling units.

iii.

The PM peak hour trip generation would exceed 250 per PM peak hour.

iv.

Or at the discretion of the director (or appointee), or city council.

v.

Report requirements are as follows:

a.

The report shall be prepared by a licensed professional traffic operations engineer (PTOE) in the State of Oklahoma.

b.

Trip generation estimates must be obtained from the latest version of the ITE Trip Generation Manual.

vi.

Conditions of approval: The city council may condition the approval of a proposed PUD or SPUD to sustain the level of service standards of streets impacted. The city council may deem that phased development, requiring street, intersection, access, signalization, or other transportation improvements deemed necessary be required.

B.

Application for plat. An owner or his duly authorized agent or representative may make application for subdividing and platting of their property by filing with the planning commission a written application in such form and content as the city council may by resolution establish. An application for platting shall be accompanied by the payment of a fee as set by the city council of the City of Yukon by resolution.

C.

Application for special permit uses.

1.

Applications for special permit uses shall be filed in accordance with the requirements of this UDC and on forms provided by the city.

D.

Pre-application meeting.

1.

Whenever any subdivision of a tract of land is proposed to be made, or rezoning, the owner or their agent shall submit to the staff, sketch plans and data concerning existing conditions within the site and in its vicinity, and which shall convey the intentions of the subdivider as to the proposed layout and type of development.

2.

No fees shall be collected for preapplication consideration, the purpose being to acquaint the owner with the plans and policies in effect that would be significant to the proposed development.

3.

Within 15 days, the planning commission staff shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the regulations. When the planning commission staff finds the plans and data do not meet the regulations, it shall express its reasons, therefore.

E.

Withdrawal of application.

1.

An applicant may withdraw an application at any time, by filing a statement of withdrawal with the development services director except as provided in paragraph 3 below.

2.

The statement of withdrawal shall be signed by all persons who signed the application or their representative.

3.

If a valid zoning protest petition has been filed, the application may be withdrawn only if the statement of withdrawal is filed no later than five days prior to the date of the public hearing upon which the matter is to be returned for action by the governing bodies. Thereafter, the application may be withdrawn only by action of the governing bodies, by majority vote.

4.

The development services director may withdraw applications due to the failure of the applicant to submit required information within 90 days of the initial request.

5.

The application shall move forward to the agenda of the appropriate review body or, if not moved to the appropriate agenda within six months, may be withdrawn by the development services director.

6.

At the request of the applicant, the planning commission, the board of adjustment or city council may defer a case for one month, in addition to any permitted deferrals as provided in this article.

(Ord. No. 1438, § I, 8-1-2023)

A.

Planning commission recommendation. The regulations, restrictions, prohibitions and limitations imposed, and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city council a report and recommendation on the proposed change.

B.

Notice and public hearing. Upon receipt of an application, the planning commission shall set a date for public hearing not less than 20 days nor more than 60 days from the date of filing. Fifteen days' notice of the public hearing shall be given by the planning commission by publication in a newspaper of general circulation in the City of Yukon. In addition to the notice provided above, notice of public hearing of any zoning change may be given by a sign or signs as may be required, placed on the property affected by such proposed zoning reclassification. Such sign (or signs) 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. It shall contain information giving the date, time and place of the public hearing and by whom it shall be conducted, the desired zoning classification, the proposed use of the property, and such other information as deemed necessary to provide adequate and timely public notice.

C.

Planning commission action.

1.

After notice and public hearing, the planning commission shall vote to:

i.

Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or

ii.

Recommend to the city council that the application be denied; or

iii.

In the case of failed original motion and failed inverse motion, planning commission may vote to forward to city council without a recommendation.

2.

An application recommended for approval, or approval subject to modification, denial, or without recommendation shall be transmitted to the city council with the report and recommendation of the planning commission within 15 days from the date of planning commission action.

D.

City council action. The city council shall hold a hearing on each application transmitted. The city council shall approve the application as submitted and recommended by the planning commission, or approve the application subject to modification, or deny the application, or return the application to the city planning commission for further study.

E.

Protest to amendment. If a written protest against an amendment, change or repeal of this chapter or any part thereof is presented, duly signed and acknowledged more than three days prior to said public hearing by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than 300 feet wide, such amendment shall not become effective except by the favorable vote of three-fifths of all the members of the city council.

(Ord. No. 1438, § I, 8-1-2023)

A.

Applicability. These regulations shall govern the subdivision of land in the corporate limits of the City of Yukon, Oklahoma.

1.

These regulations shall apply to the following forms of land subdivision:

i.

The division of land into two or more tracts, lots, sites or parcels, any part of which, when subdivided, shall contain less than five acres in area; or

ii.

The division of land, previously subdivided or platted, into tracts, lots, sites or parcels of less than ten acres in area; or

iii.

The dedication, vacation or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; or

iv.

The dedication or vacation of any street or alley through any tract of land regardless of the area involved.

2.

No plat, replat or subdivision of land within the jurisdiction of the city planning commission shall be entitled to record unless it bears the written approval of the commission. No deed referring to such unapproved plat shall be entitled to record, and if recorded, shall not import notice. No deed describing land by metes and bounds which conveys land within the jurisdiction of the commission in a tract of five acres or less shall be entitled to record unless it bears the written approval of the planning commission, and if recorded, shall not import notice.

B.

Submission requirements—Preliminary plat. The following procedures shall apply to the filing for preliminary approval of any subdivision. The preliminary plat shall conform to the minimum requirements of the comprehensive plan for the City of Yukon (which shall have been previously ascertained by the subdivider) and shall also reflect and show all contiguously owned lands of the developer, notwithstanding that all of said land may never be finally platted. The plat shall be drawn to a scale of 100 feet to the inch and shall contain the following information:

1.

Date, scale, and north point.

2.

The proposed subdivision name and all intended street names.

3.

The name of the subdivider, the engineer, and/or surveyor preparing the plat.

4.

Legal description showing location of plat.

5.

Topographic survey map of the area being subdivided, showing contours at two-foot intervals.

6.

A key map showing the location of the plat in the section, township, and range in which the plat is located.

7.

Location and names of adjacent subdivisions and the owners of adjoining parcels of unsubdivided land.

8.

Location, widths, and names of all existing platted or dedicated streets, alleys, or other public ways and easements, railroad and utility rights-of-way, parks, watercourses, drainage ditches, permanent buildings, bridges, and other pertinent data as required by the planning commission.

9.

The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams. All elevations shall refer to the established U.S. Coast and Geodetic Survey datum.

10.

When a subdivision borders a lake or stream, the distance and bearings of a meander line shall be established not less than 20 feet back from the ordinary high watermark of the lake or from the bank of the stream.

11.

Layout and width of all new streets and rights-of-way, including alleys, highways, and easements, whether private or public, and for public and private utilities.

12.

The proposed street names and system of numbering lots and blocks.

13.

The exact length of the exterior boundaries of the land to be subdivided.

14.

Approximate dimensions of all lots.

15.

Approximate radii of all curves and lengths of all tangents.

16.

Approximate location and area of property to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, with any conditions of such dedication or reservation.

17.

The location, size and type of sanitary and storm sewers, water mains, culverts, and other surface and subsurface structures and pipelines existing within or immediately adjacent to the proposed subdivision; and the location, layout, type and proposed size of the following structures and utilities:

i.

Water mains and storage facilities;

ii.

Sanitary sewer mains, submains, and laterals;

iii.

Storm sewers, culverts and drainage structures;

iv.

Street improvements.

18.

The location of all drainage channels and subsurface drainage structures, and the proposed method of disposing of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they are located within or outside of the proposed plat.

19.

Where deed restrictions are to be recorded on the plat, a brief description of the proposed restrictions should accompany the preliminary plat.

20.

A description of the improvements such as grading, paving, tree planting, walks, and installation of utilities which the subdivider proposes to make, and the time when they are proposed to be made, shall accompany the preliminary plat.

C.

Submission requirements—Final plat. The final plat shall be a print or series of prints 24 by 36 inches in size on a stable base tracing medium of Mylar, Cronar, and other suitable durable material or linen tracing cloth. When more than one sheet is used in connection with the plat, each additional sheet shall be numbered consecutively and shall contain a notation indicating the total number of sheets. The final plat shall be drawn to a scale of one inch = 100 feet and shall contain the following information:

1.

Name of subdivision and the name of the owner, the subdivider, and the engineer or land surveyor.

2.

Date, north point, scale (written and graphic).

3.

Boundaries of the subdivided area with accurate distances and bearings noted thereon.

4.

Exact location of the subdivision and the description of all monuments found or placed in making the survey.

5.

The lines, names, and width or dimensions of all proposed street rights-of-way.

6.

The lines, widths, and purposes of all easements.

7.

Numbered designation of all lots in the subdivision with their lines and dimensions accurately shown.

8.

The names of all adjacent subdivisions.

9.

Exact dimensions of all lots.

10.

The following, which shall be made and shown on the original reproducible:

i.

Owner's certificate and dedication, signed;

ii.

Engineer's certificate of survey, signed, and his seal;

iii.

Certificate for release of mortgage for any portion dedicated to the public, signed;

iv.

Reference to any separate instruments, including restrictive covenants, filed in the office of the county recorder of deeds which directly affect the land being subdivided;

v.

Certificate of planning commission action;

vi.

Certificate of council acceptance of streets, alleys, easements, and public land dedications;

vii.

Tax receipt showing all taxes payable on all property within the limits of the tract as paid in full for the last five years, or in lieu thereof, a statement that such taxes have been paid, signed by the county treasurer;

viii.

A receipt for the payment of all special assessments to which the subdivision is subject. These shall either be paid in full or, in lieu thereof, a letter from the city clerk shall be submitted stating that a surety bond has been filed with him insuring the payment of all interest and principal payments until the assessment is paid in full.

11.

Exact radii of all curves and length of all tangents.

12.

Plans and specifications on all required improvements.

13.

Any additional data as may be required by the planning commission.

(Ord. No. 1438, § I, 8-1-2023)

A.

Public way or easement. A formal application may be initiated by the planning commission or city council or by property owners owning more than one-half the total frontage of the public way or easement sought to be closed. Said application is filed with the development services department.

B.

Unrecorded plat.

1.

The owner of any plat, or any part of any plat, may nullify or void the same by application at any time prior to the recordation of said plat, by a written instrument, a copy of which shall be attached to said plat declaring it to be null or void.

2.

The planning commission shall approve such written instrument in the same manner as platting or subdivision. The city council shall also review and approve such written instrument.

3.

The applicant shall execute and acknowledge such written instrument and submit it for review and recommendation by the planning commission and for approval by the city council. It shall be the responsibility of the applicant to record such written instrument with the appropriate county clerk. Upon being duly recorded or filed with the city clerk, said instrument shall operate to destroy the force and effect of the approval of the plat so nullified, and to divest all public rights in the streets, alleys and public grounds and all dedications or easements laid out or described in said plat.

C.

Recorded plat.

1.

At the request of the owner, the city council shall, at its discretion, nullify and vacate a duly approved and recorded plat, or any part of any plat, in accordance with state statutes. The owner shall apply for nullification and vacation of said plat, by a written instrument, a copy of which shall be attached to said plat declaring it to be null or void.

2.

To qualify for nullification and vacation with approval from the city council, the plat must meet the following requirements:

i.

None of the lots in said plat have been sold.

ii.

Where any of the lots have been sold, the owners of 60 percent of the lots in the plat and all owners in the area to be vacated shall approve, in writing, the proposed nullification and vacation of said plat. This written approval shall accompany the application for nullification and vacation.

iii.

The request for nullification and vacation is in accordance with state statues.

3.

The applicant shall execute and acknowledge such written instrument and submit it for review and recommendation by the planning commission and for approval by the city council. It shall be the responsibility of the applicant to record such written instrument with the county clerk.

(Ord. No. 1438, § I, 8-1-2023)

A.

Platting and subdivision design variances. Whenever it would be inadvisable to apply a provision of this UDC because a tract is of such unusual size, shape, or character as would render an extraordinary hardship not created or imposed by the owner or developer, the planning commission may modify such provisions only to provide that substantial justice may be done, the public interest secured, and the intent and spirit of these regulations fulfilled; provided that in no event shall the requirements of procedure or improvements be waived. Such modifications thus granted shall be made at the written request of the developer stating the reasons for such modification and shall be waived only by percentage vote of the regular membership of the planning commission. Any such modifications thus granted shall be duly entered and recorded in the minutes of the planning commission, with the reasons justifying the modifications set forth therein.

B.

Zoning variances.

1.

In the case of planned unit development or simplified planned unit development, these regulations may be varied in terms with the outlined development plan as recommended by the planning commission and approved by the city council.

2.

Board of adjustment shall in the case of variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this UDC according to the review authority specified in section 215-702.

C.

Administrative decision appeals. As specified in section 215-702 of this UDC and in state statutes the board of adjustment shall hear and decide appeals of administrative officials and their decisions 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 regulation.

D.

Residential, commercial, and industrial building permits. The development services director or public works director may approve and issue a building permit prior to the installation or completion of the improvements set forth in article 6, section 215-604, provided all requirements have been met. However, no structure shall be occupied prior to all improvements being installed, approved, and accepted by the city council, with proper maintenance bonds.

(Ord. No. 1438, § I, 8-1-2023)

A.

Authority and execution. It shall be the duty of the development services director or designee/staff for determining compliance with this and all other applicable ordinances prior to approval of a conditional use. The development services director or designee/staff shall permit only those conditional uses authorized in individual zoning districts, subject to the standards and conditions set forth under article 3, section 215-308.D. They shall not have the authority to vary, modify or waive any of the regulations or standards prescribed for any conditional use, except as provided herein.

B.

Submission requirements.

1.

A complete site plan shall be filed with each application for a special permit. The site plan shall show location of all structures and shall give graphic evidence of compliance with all regulations of the zoning district in which the special permit is to be located and compliance with the general standards for the specific use.

2.

Staff shall review the application for completeness and shall distribute to other departments for review as necessary.

3.

Staff shall make a determination within a reasonable period of time and shall have the ability to request more information from the applicant in order to adequately demonstrate the conditions have been met.

C.

Terms. Any conditional use reviewed by the development services director or designee/staff which complies with the specific requirements of this chapter and the applicable conditions shall constitute a permitted use on the lot in question. Once a conditional use is permitted, the use shall not be enlarged, extended, increased in intensity, or relocated unless an application for a new conditional review is prepared and approved

(Ord. No. 1438, § I, 8-1-2023)

A.

Authority and execution. It shall be the duty of the city council, under the provisions of this UDC, to evaluate the impact of such uses, to stipulate necessary conditions and restrictions, including those specifically contained herein, and to assure that the use is compatible with the proposed area. In considering an application, the city council may authorize those uses that are expressly listed herein. However, no special permit use shall be authorized unless said use complies with all of the applicable standards of article 3, section 215-308, all other applicable requirements of this UDC.

B.

Submission requirements.

1.

A complete site plan shall be filed with each application for a special permit. The site plan shall show location of all structures and shall give graphic evidence of compliance with all regulations of the zoning district in which the special permit is to be located and compliance with the general standards for the specific use.

2.

Staff shall review the application for completeness and upon complete application shall schedule he application for an upcoming planning Commission agenda for consideration and shall distribute the application to other appropriate departments for review.

3.

Planning commission shall hold a public hearing in accordance with state statutes and section 215-704 of this article. Within a reasonable time from the close of the public hearing the planning commission shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for special permit uses to the city council.

4.

The city council shall consider the application within a reasonable time after receiving the findings of fact.

C.

Terms.

1.

Status of special permit uses: Once a special permit has been granted, the use shall not be enlarged, extended, increased in intensity, or relocated without an application for a new special permit.

2.

Revocation: A special permit may be revoked by subsequent action of the city council after 30 days' notice to the owner of the subject property and a public hearing before said council, upon a finding that the conditions imposed on the issuance of the permit or the standards for special permits set out in this section, as amended, have not been satisfied or the use has become incompatible with other uses of land within or without the zoning district.

3.

Expiration: All approvals of special permit shall expire by default if either:

i.

If the use is not established or construction is not initiated within 12 months.

ii.

If the use, once established, has been discontinued or abandoned for a period of 12 months.

D.

Record of special permit uses. A record of all applications for special permit uses, including action taken by the city council, and recommendation of planning commission, shall be kept on file by the city clerk and copies shall be available on request for a fee specified by the city.

(Ord. No. 1438, § I, 8-1-2023)

A.

Platting requirement. To provide documentation of intent for public record and for purposes of securing safety from fire, providing a proper arrangement of streets, assuring the adequacy of open space for traffic, utilities, and emergency vehicles, commensurate with the intensification of land use customarily incident to change in zoning, a platting requirement is established as follows:

1.

Every zoning request for land which is not already platted shall be accompanied by a preliminary plat which complies with the subdivision and platting regulations of the City of Yukon, said preliminary plat shall include any adjacent land which is 50 percent or more owned or under option by the applicant.

2.

Every zoning request for land which is already included within a plat which does not comply with the subdivision and platting regulations of the City of Yukon, must be accompanied by a new preliminary plat which complies with the subdivision and platting regulations of the City of Yukon.

B.

Preliminary plats.

1.

The subdivider shall submit at least three copies of the preliminary plat to the city manager or his designated agent, who shall review the plat for conformity with these regulations.

2.

The manager or his duly designated agent shall submit the plat to the planning commission together with his report and recommendations. After receipt of the preliminary plat, the planning commission shall, within 30 days of its submission to the city by the subdivider, approve, conditionally approve, or reject the plat.

3.

After its consideration the planning commission shall return one copy of the preliminary plat to the subdivider and forward one copy to the city council together with its report on any conditions of approval or the reasons for rejection.

4.

Approval of the preliminary plat shall not, in all cases, entitle the subdivider to approval of the final plat. After preliminary approval, if any conditions arise which would cause the preliminary plat to become unsatisfactory due to health, safety, or welfare of the community, the planning commission shall recommend that the final plat be rejected.

C.

Final plats.

1.

The developer shall submit three paper copies and one copy on stable base tracing medium of Mylar or comparable material of the proposed subdivision, drawn to a scale of one inch = 100 feet; such final plat shall be prepared by a registered civil engineer or surveyor. The final plat of the proposed subdivision shall be submitted to the planning commission and city council for final approval within five years of the date on which the preliminary plat was approved by the city council. If not submitted for final approval within such time, the preliminary plat approval shall be considered as null and void, and resubmission of all plats, along with the appropriate filing fees, to the planning commission and city council shall be necessary.

2.

In addition, should the final plat not be submitted to the city council within one year from the approval or disapproval of the planning commission, then in that event, all action concerning the final plat shall be considered as null and void, and resubmission of the plat, along with appropriate filing fees, to the planning commission and city council shall be necessary.

3.

The planning commission shall review the final plat for conformance with the preliminary plat and shall prepare a set of written recommendations to be submitted to the city council at the time the final plat is considered.

4.

The planning commission shall within 45 days of the submission of the plat to the City of Yukon hold a public hearing to examine the final plat. The planning commission shall, within 45 days after the closing of the public hearing, approve or disapprove the plat. The applicant may waive the 45-day requirement and consent to an extension of the period. If the final plat is approved with the modification or waiver of certain requirements, the planning commission shall specify the reasons therefore. If the final plat is disapproved, the grounds for refusal, including citation of the applicable regulations or general plan, shall be stated on the records of the planning commission. If the planning commission fails to act and the applicant does not consent to an extension of time, a certificate by the city clerk as to date of submission of plat for final approval and failure of the planning commission to act thereon within such specific time shall be sufficient in lieu of written endorsement of approval.

5.

The action of the planning commission shall be shown on the final plat, with the date of action, over the signature of the chairperson or vice-chairperson.

6.

Following a public hearing, the planning commission shall transmit to the city council the tracing and two paper copies of the final plat, together with copies of the commission's recommendations and a listing of all required improvements to the city council.

7.

Prior to consideration of a final plat by the city council improvement plans and any required drainage plans or studies shall be submitted to development services for review.

D.

Replats and amending plats.

1.

Replats required: A replat or amending plat is required for property in which there has been a change in lot allocation, dedicated infrastructure, or easements; including lot combinations or lot line adjustments.

2.

Administrative approval: The development service director or designee/staff may administratively approve lot combinations or lot line adjustments if the lot size is not altered any more than ten percent and/or does not result in an increase in density. In the event these conditions can not be met, the case proceeds to planning commission for consideration.

3.

Certified copies: Certified copies of the entire subdivision and deed restrictions shall accompany replats.

4.

Subject to final plat requirements: Replats are subject to the same requirements as final plats and shall contain the information required in this article.

a.

The development services director may waive this requirement if the replat or amending plat involves minor changes.

E.

Lot splits.

1.

Purpose: The purpose of providing for the processing of lot-split plats is to allow for the conveyance of simple property divisions.

2.

Defined: Those matters which shall be considered as lot splits are those which involve the dividing or redividing of a single parcel of land into not more than four resulting parcels, and which dividing shall not involve the extension, opening, vacating, narrowing, or change of alignment of any public street, right-of-way, or easement. The division of properties may be processed as lot split plats only to the extent of the creation of three divisions, resulting in four parcels.

3.

Administrative approval: The development services director or designee/staff shall have the ability to review and approve such lot split applications as meets following conditions.

a.

Where the resulting parcels are all larger than five acres; or

b.

Where the proposal is for the purposes of shifting property lines with the result that there are no more land parcels created than before the action; or

c.

Where the proposal does not involve the dedication or vacation of any public rights-of-way or easements.

4.

Legislative approval: When the lot split cannot be administratively approved the proposed lot split shall be set for recommendation by the planning commission, followed by consideration by city council. In the event of a denial of a proposed lot split by the legislative body with reasons set forth for denial in writing the applicant may appeal the decision at district court.

5.

Requirements: The following items are required to be submitted at the time of application for a lot split.

a.

Instruments by which the interests of the land shall be conveyed (deed).

b.

A before and after surveyed drawing stamped by a professional land surveyor registered in the State of Oklahoma.

c.

Additional items: At the development services director's discretion the following additional items may be requested of the applicant:

1.

A simplified lot-split plat.

2.

Restrictive covenants.

3.

State approvals of water or sewer provisions.

4.

Legal description.

5.

Site plan showing public improvements and utilities, and/or existing and proposed improvements.

F.

Recording of plat.

1.

Before recording the final plat, it shall be submitted to the city council for approval and for acceptance of public ways, service and utility easements, and land dedicated to public use. This approval of the plat shall be shown over the signature of the mayor and attested to by the city clerk or his deputy. The disapproval of any plat by the city council shall be deemed a refusal of the proposed dedication shown thereon.

2.

After final approval of the plat by the city council and the affixing of all required signatures on the original tracing, the subdivider shall provide the planning commission with two dark line prints thereof and one contact reproducible tracing on stable base material. One dark line print shall be retained in the permanent file of the planning commission and one shall be sent to the office of the city clerk. The final plat shall also be submitted digitally in AutoCAD or GIS shapefile format.

3.

After the planning commission and city council have approved the final plat, no change shall be made therein unless said plat is resubmitted for approval of the planning commission and city council.

4.

After final approval of the plat and the affixing of all required signatures on the original tracing the final plat shall be filed with county clerk, meeting all statutory requirements for such filing.

(Ord. No. 1438, § I, 8-1-2023)

All such required fees regarding preliminary and final plats, zoning applications, plat vacation, variances, appeals, special permits, and lot splits shall be set by the city council of the City of Yukon by resolution.

(Ord. No. 1438, § I, 8-1-2023)