§ 59-1200. - Scope and jurisdiction.
1200.1. Effect on Existing Code and Properties Under Development.
A. Effective Date. The effective date of this chapter is the date of adoption, this date [Ord. No. 23498, adopted November 27, 2007, effective December 27, 2007].
B. Repeal of Previous Ordinance. This chapter, effective December 27, 2007, supersedes the regulations of the existing Chapter 59 of the Oklahoma City Code, as amended.
C. Effect on Previously Granted Community Unit Plans (CUP). For all previously granted Community Unit Plans (CUP) where construction has not been initiated at the time of adoption of this chapter, said (CUP) shall become null and void.
D. Effect on Established Zoning District Classification and District Regulations.
(1) This chapter both creates new districts and establishes a new classification system for designating properties classified under the former Zoning Ordinance. All properties formerly designated by the old nomenclature on the Official Zoning Districts Map shall be re-designated to conform to the new nomenclature of this chapter.
(2) Where a zoning district in this chapter supersedes a former district, the intent and purpose subsection of the zoning district shall specify and serve as the guide for revising the Official Zoning Districts Map.
(3) All properties henceforth reclassified to another zoning district under the provisions of this chapter shall meet all applicable requirements of this chapter.
(4) The development regulations of each zoning district, and all other articles and regulations, shall henceforth apply uniformly to all property within the corporate boundaries, regardless of date of establishment of that property's zoning district classification.
E. Final Plats and Development Plans Previously Approved. All final plat applications and all site development plans submitted and approved prior to the effective date of this chapter shall remain valid and subject to those provisions in effect at the time of its approval.
F. Completion of Approved Buildings. Nothing herein shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of this chapter, so long as the actual construction of said building or structure is in accordance with those provisions in effect at the time the permit was issued. However, such construction and proposed use of said building or structure shall not violate any other ordinance or law on the effective date of this chapter.
1200.2. Uniform Application. The interpretation and application of this chapter shall apply to all areas within the corporate limits of Oklahoma City. The use of all land and any buildings or structures located upon the land, and the construction, reconstruction, alteration, expansion or relocation of any buildings or structure upon the land shall conform to all regulations applicable to the zone in which the land is located, except as otherwise provided in this chapter.
1200.3. Validity of Other Laws. Where this chapter imposes greater restrictions than are imposed by other ordinances, laws or regulations, the provisions of this chapter shall govern. However, nothing in this chapter shall be construed to prevent the enforcement of other ordinances, laws or regulations that prescribe more restrictive limitations. Further, this chapter shall not be construed to prevent the enforcement of plat restrictions, deed restrictions, and declarations of covenants and restrictions by private parties that may be more restrictive than the provisions of this chapter.
1200.4. Previously Granted Special Exceptions, Special Uses, Variances and Planned Unit Developments. All special exceptions, special uses, variances and planned unit developments granted prior to the effective date of this chapter shall remain in full force and effect. The recipient of the special exception, special use, variance or planned unit development may proceed to develop the property in accordance with the approved plans and any conditions attached thereto. However, if the recipient has failed to act on the special exception, special use, variance or planned unit development before approval expires, the provisions of this chapter shall govern.
1200.5. Pending Applications. Where an application for a special exception, special use, variance and planned unit development is pending on the effective date of the chapter, the pending application shall be subject to the provisions in effect at the time the application was submitted.
1200.6. Severability. In the event any portion of this chapter shall be ruled invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of this chapter shall not thereby be invalidated, but shall remain in full force and in effect.
1200.7. Ambiguity. If ambiguity arises concerning the content or application of this chapter, it shall be the duty of the Board of Adjustment to ascertain all pertinent facts and set forth its findings and interpretation by formal resolution.
1200.8. Annexation. Any territory brought into the zoning jurisdiction of The City of Oklahoma City, by annexation or otherwise, shall be deemed to be in the AA Agricultural District unless otherwise specified by the City Council in the ordinance of annexation. This provision shall not preclude subsequent rezoning of said property by amendment in the manner set forth in Article IV (Administrative Procedures) of this chapter.
1200.9. Effect on Public Lands. All property owned, leased, or operated by the City, or any other public or governmental body or agency, shall be subject to the terms of this chapter.
1200.10. Interpretation, Purpose and Conflict of Zoning Ordinance.
A. Interpretation and Purpose. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, order and general welfare.
B. Interference or Conflict of Provisions. This chapter is not intended to interfere with, abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, nor to conflict with any of the provisions of this chapter, or provisions which shall be adopted or issued pursuant to law relating to the use of buildings or premises. This chapter is also not intended to interfere with, abrogate or annul any easements, covenants or other agreements between parties, unless this chapter imposes a greater restriction, in which case the provisions of this chapter shall control.
