§ 59-4250. - Discretionary review procedures.
4250.1. Special Exception Uses.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for granting special exception uses. The special exception allows the location of certain uses while maintaining adequate protection of the surrounding area. If consideration is given to setting, physical features, compatibility with surrounding land uses, and traffic and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses, even though they generally do not conform with traditional use groupings in specific zoning districts.
B. Parties Entitled to Request Special Exception Uses. Applications for special exception uses may be filed by the owner of, or any person authorized by the owner of, any property in the City.
C. Authority and Execution. The Board of Adjustment shall review each case on its own merits, apply the criteria established herein and, if appropriate, authorize said use by granting a special exception for it.
D. Procedure.
(1) Applications. Applications for special exception uses shall be filed in accordance with the requirements of this section on forms provided by the City.
(2) Site Plan to Be Filed. A complete site plan shall be filed with each application for a special exception. The site plan shall show location of all structures and shall give graphic evidence of compliance with all development regulations of the zoning district in which the special exception is to be located and compliance with the general standards for the specific use.
(3) Acceptance of Application. Staff shall review the application for completeness. Upon receipt of a complete application, Staff shall schedule the application for an upcoming Board of Adjustment agenda for consideration and shall distribute the application to other appropriate departments for review.
(4) Action by the Board of Adjustment. The Board of Adjustment shall consider the application in accordance with adopted deadlines. The Board may take action in the form of approval, approval with conditions or denial of applications for special exceptions.
E. Standards for Special Exception Approval. Prior to approval of an application for special exception, the Board of Adjustment shall make a determination that the following standards have been met:
(1) The proposed use shall be in harmony with the policies of the adopted Comprehensive Plan.
(2) The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations.
(3) The proposed use shall not adversely affect the use of neighboring properties in accordance with the applicable zoning district regulations.
(4) The proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood.
(5) Adequate utility, drainage, parking, loading, access, signs and other necessary public facilities to serve the proposed use shall meet all standards and provisions of City codes applicable to the zoning district classification of the property.
(6) The Board of Adjustment shall ensure that all reasonable precautions are taken to protect nearby existing and anticipated development from hazardous and obnoxious conditions. The Board of Adjustment can impose specific conditions regarding location, design and operation to assure safety and to prevent a nuisance.
(7) If necessary to protect the general public and to protect the use of neighboring property from potential loss of use or decrease in land value, the Board of Adjustment may require additional sight-proof screening and landscaping according to standards contained in Article XI, Landscaping and Screening Regulations, of this chapter.
F. Conditions.
(1) Site Plan Must Be Followed. All uses approved by a special exception shall commence and be maintained in accordance with the approved site plan.
(2) Failure to Comply. Whenever Staff finds that any proposed construction or occupancy does not, in its opinion, substantially comply with the terms of the special exception, it shall refer the question to the Board of Adjustment for its review at a public hearing pursuant to the procedures set forth in this section.
(3) Amendment. When the holder of a special exception determines that an extension of time or modification of a site plan, or other requirements, is necessary, he/she shall apply in the same manner as the original application.
(4) Expiration. All approvals of a special exception shall expire by default if either:
(a) If the use is not established or construction is not initiated within 12 months; or
(b) If the use once established has been discontinued or abandoned for a period of 12 months.
(5) Revocation. A special exception may be revoked by subsequent action of the Board of Adjustment after 30 days' notice to the applicant and a public hearing before said Board of Adjustment, upon a finding that the conditions imposed on the issuance of the Special Exception have not been satisfied. Notification of the hearing shall conform to the provisions of Section 59-4150. If a special exception is revoked pursuant to this Section, the Board of Adjustment shall not approve a special exception for home sharing for the same property address for a period of one year.
G. Records of Special Exception Uses. A record of all applications for special exception uses, including action taken by the Board of Adjustment, shall be kept on file by Staff and copies shall be available, on request, to any person, for a fee specified by the City.
4250.2. Special Permit Uses.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for granting special permit uses. There are certain uses, which, by their nature, do not fit into the normal pattern of zoning district use regulations. The size, area of land required or the effects of these uses cause them to be potentially incompatible with other uses of land within a given zoning district. Therefore, this regulation allows the City Council to authorize these uses to locate within given designated districts under the controls, limitations and regulations of a special permit.
B. Parties Entitled to Request Special Permit Uses. Applications for special permit uses may be filed by the owner of, or any person having a right of ownership in, any property in the City.
C. Authority and Execution. It shall be the duty of the City Council, under the provisions of this section, 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 this section and all other applicable requirements of this chapter.
D. Procedure.
(1) Applications. Applications for special permit uses shall be filed in accordance with the requirements of this section on forms provided by the City.
(2) Site Plan to be Filed. 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 development regulations of the zoning district in which the special permit is to be located and compliance with the general standards for the specific use.
(3) Acceptance of Application. Staff shall review the application for completeness. Upon receipt of a complete application, Staff shall schedule the application for an upcoming Planning Commission agenda for consideration and shall distribute the application to other appropriate departments for review.
(4) Recommendations by the Planning Commission.
(a) The Planning Commission shall hold a public hearing in accordance with adopted deadlines as outlined in Section 59-4150 (Public Hearings and Notices). Notice for the public hearing shall be in accordance with Section 59-4150 (Public Hearings and Notices).
(b) 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 permits to the City Council.
(5) Action by the City Council. The City Council shall consider the application within a reasonable time after receiving the findings of fact and recommendation from the Planning Commission. The City Council may take action in the form of approval, approval with conditions or denial of application for special permits.
E. Standards for Special Permit Approval. Prior to approval of an application for special permit, the Planning Commission and City Council shall make a determination that the following standards have been met:
(1) The proposed use shall conform to the policies of the adopted Comprehensive Plan.
(2) The proposed use shall not adversely affect the use of the neighboring properties.
(3) Pedestrian and vehicle traffic generated will not be hazardous or in conflict with the existing and anticipated traffic in the neighborhood.
(4) Adequate utility, drainage, parking, loading, signs, access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the City.
(5) The site shall front or have direct access to a street having adequate right-of-way and improvements to support the traffic generated by the proposed use.
(6) The City Council may impose specific conditions regarding location, design, and operation to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions. Such conditions may include:
(a) A requirement that all machinery and facilities be located within an enclosed building.
(b) A requirement that certain areas be screened from view of surrounding neighborhoods.
(c) A limitation on intensity of lights or hours of operation.
(d) Similar measures designed to protect the public interest.
F. Conditions.
(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:
(a) If the use is not established or construction is not initiated within 12 months.
(b) If the use, once established, has been discontinued or abandoned for a period of 12 months.
G. Records of Special Permit Uses. A record of all applications for special permit uses, including action taken by the City Council, shall be kept on file by the City Clerk and copies shall be available, on request, to any person, for a fee specified by the City.
4250.3. Downtown Design Review.
A. Establishment. The City of Oklahoma City hereby establishes the process for granting Certificates of Approval. Certificate of Approval requirements can be found in Section 7200.1 of this chapter.
B. Commission Recommendations and Review.
(1) On parcels of land located within the Downtown Design Districts and the Scenic River Overlay Design District, design review and the issuance of Certificates of Approval shall be the responsibility of the Downtown Design Commission or staff and shall be subject to the design review standards and guidelines of the Scenic River Overlay Design District and the Downtown Design District. If a conflict exists, the Overlay shall govern.
(2) Within an area of the DTD-1 District known as the Cottage District, design review and issuance of Certificates of Approval shall be the responsibility of the Urban Design Commission and shall be subject to the design review standards of the Downtown Design District. The Cottage District is defined in Section 59-7200.3.B(1)(a).
(a) Within the Cottage District, Staff may review and issue Certificates of Approval according to Section 59-7200.1.C.(3).
(3) The Downtown Design Commission shall have the opportunity to comment upon and provide recommendations on actions proposed to other City boards, committees, and commissions with respect to the effect of such actions upon the Downtown Design Districts and the Bricktown Core Development District, except for buildings for which a Notice of Violation for dilapidation has been sent by the City.
(4) The Downtown Design Commission may adopt additional design guidelines, policies and procedures to aid in their design review responsibilities. Said guidelines and policies may supplement the design guidelines established in this section, but not contradict them. The Commission has adopted the following supplemental guidelines:
(5) Prior to issuing a Certificate of Approval, the Commission may request projects proposing demolition, reconstruction, alterations, or expansions to structures with historic significance to be reviewed by the Historic Preservation Commission for a non-binding recommendation.
(6) On parcels of land located within the Downtown Design Review Districts or the Bricktown Core (BC) Development District and the Historic Landmark (HL) Overlay District, design review and issuance of Certificates of Appropriateness shall be the responsibility of the Historic Preservation Commission and shall be subject to the preservation guidelines and standards of the Historic Landmark Overlay District.
(7) Staff may refer any case eligible for administrative approval to the Downtown Design Commission (or, within the Cottage District, to the Urban Design Commission) for consideration.
C. Submission for Design Review. Sufficient information and detail shall be submitted to staff of the Downtown Design Commission to fully evaluate relevant design issues. Minimum required drawings and documentation are listed on submittal forms available from the Oklahoma City Planning Department. On projects of smaller scale or complexity, Staff may waive the submission of some of the required drawings and/or details.
D. Continuances. No continuances to cases under review shall be granted where no forward progress has been demonstrated for a period of six continuous months. In the event, the case shall be deemed withdrawn and resubmittal of the project shall be required.
E. Extensions to Existing Certificates of Approval.
(1) If construction has commenced, the Downtown Design Commission or Staff may grant a two-year extension prior to the expiration date of the Certificate of Approval.
(2) Extensions shall not be granted if there are any additions, revisions, or deletions of any element of the project.
(3) A maximum of four extensions shall be granted before a new submittal is required including application, attachments, and fee.
(4) No extensions may be granted for Temporary Signs - Large Display Banners and Supergraphics.
(5) In the Bricktown Core Development District, the following expiration provisions shall apply:
(a) Demolitions: 6 months.
(b) Temporary Signs - Large Display Banners and Supergraphics: 60 days.
(c) Projection Image Signs: One week.
(d) Temporary Construction Staging Areas, Off-Site: One week after completion of the construction project related to the Certificate of Approval.
F. Preliminary Review. In order to facilitate the timely approval of projects, applicants are encouraged to request a preliminary review by staff prior to formal submittal. Preliminary review is most effective at the conceptual design phase, so that siting, building material and design, and other contextual impacts of the proposal may be considered for conformance with the regulations and guidelines of the Downtown Design Districts and Bricktown Core Development District.
(1) Based on the scale or significance of the project, staff may recommend that the project be presented to the Commission for preliminary comments prior to submittal of the application.
(2) Preliminary review should be scheduled a minimum of six weeks prior to anticipated date of formal submittal to allow for revisions.
G. Previously Approved PUDs and SPUDs.
(1) For purposes of this Section, for any previously approved PUD or SPUD located in the Bricktown Core Development District that make specific reference to subsequent reviews or revisions to be conducted by the "Bricktown Urban Design Committee" shall now be considered as a referral to the Downtown Design Commission for said reviews.
4250.4 Historic Preservation Review.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for granting Certificates of Appropriateness. It is not the intent of this section to limit new construction to any one period or architectural style, but to preserve the integrity of historic and architectural resources, and to insure the compatibility of new work constructed in the vicinity.
B. Authority and Execution. The Historic Preservation Commission shall review and take action on applications for Certificates of Appropriateness. For the purpose of administering this section and assisting the Historic Preservation Commission and property owners in evaluating and completing preservation projects which are historically and architecturally appropriate, that document known as "Preservation Guidelines and Standards for Oklahoma City Historic Districts," and any amendments thereto, is hereby adopted by reference as if set out at length herein. Copies of same are on file in the office of the City Clerk and are also available in the Planning Department. In the event there are any provisions in the guidelines which are in conflict with any provisions of the City Code, the City Code shall prevail.
C. Procedure.
(1) Certificate of Appropriateness Required. No building, sign, or fence permit shall be issued by the Public Works Director for any structure or site located within an HL or HP District until a Certificate of Appropriateness has been approved by the Historic Preservation Commission.
(2) Applications. Applications for Certificates of Appropriateness shall be filed in accordance with the requirements of this section on forms provided by the City.
(3) Acceptance of Application by the Historic Preservation Officer. When applying for a Certificate of Appropriateness, the applicant shall furnish one copy of all photographs, plans, exterior elevations, building sections, details, perspectives, specifications, and other pertinent reports and exhibits to the Planning Department staff, as deemed necessary by the Historic Preservation Officer to enable complete review. Within 10 days after submission of an application, the Historic Preservation Officer shall notify the applicant in writing of any additional documentation required; otherwise, said application is deemed complete. Only applications that are deemed to be complete shall be submitted to the Historic Preservation Commission for review. Incomplete applications may be administratively closed if requested additional documentation has not been received within 90 days of a written request.
(4) Action by the Historic Preservation Commission.
(a) Upon determination by the Historic Preservation Officer that an application is complete and filed, the Historic Preservation Commission shall have 65 days from the date said application is first heard to review and rule on the proposal. The Historic Preservation Commission or applicant may request a continuance of the case one time during this 65-day period; provided, however, one additional continuance not to exceed 60 days may be granted upon a super majority (two-thirds) vote of the Commissioners present.
(b) Upon review of the application, the Historic Preservation Commission shall determine whether the proposed work is of a nature that will adversely affect any historical or architectural resource, and whether such work is appropriate and consistent with the spirit and intent of this section and the designating ordinance. The Historic Preservation Commission shall apply the criteria established by this section and based thereon shall approve, vote a continuance (one time), deny with prejudice or deny the Certificate of Appropriateness without prejudice. If the Historic Preservation Commission denies such a Certificate of Appropriateness, no building permit shall be issued and the applicant shall not proceed with the proposed work. If the application is denied without prejudice, the applicant may reapply at any time. If the application is denied with prejudice, the applicant may not resubmit for at least one year; provided, however, that the Historic Preservation Commission may waive the denial with prejudice at any time if the Historic Preservation Commission determines that the circumstances affecting the application have changed.
(c) Decision of the Commission approving or denying a Certificate of Appropriateness shall be in the form of a written Order, which Order shall include specific findings of fact and conclusions of law for the decision based on the provisions of this Ordinance. In the case of the denial of a Certificate of Appropriateness by the Historic Preservation Commission, the Commission shall state in writing the reasons for such denial and may include suggestions of the Commission in regard to actions the applicant might take to secure the approval of the Commission as to the issuance of a Certificate of Appropriateness.
D. Standards for Certificates of Appropriateness. In considering applications for Certificates of Appropriateness, the Historic Preservation Commission shall be guided by the following criteria:
(1) The "Preservation Guidelines and Standards for Oklahoma City Historic Districts." (Copies of same are on file in the office of the City Clerk and are also available in the Planning Department.)
(2) The Establishment and Purpose of this section (see 4250.4, A).
(3) The degree to which the proposed work may destroy or alter all, or part, of a resource.
(4) The degree to which the proposed work would serve to isolate the resource from its historical or architectural surroundings, or would introduce visual, audible, vibratory or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource.
(5) The compatibility of the building materials with the aesthetic and structural appearance of the resource including, but not limited to, the consideration of texture, style, color or the components, and the combination of elements, such as brick, stone, concrete, shingle, wood or stucco.
(6) The compatibility of the proposed design to the significant characteristics of the resource including, but not limited to, a consideration of a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories and workmanship.
(7) The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
E. Archeological Resources. With regard to the development of a property containing a designated archeological resource, a Certificate of Appropriateness shall be required prior to the issuance of the permit for which the applicant has applied. Further, the following requirements shall be satisfied, to wit:
(1) Archeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met for study, as set by the State Historical Society.
(2) Any discovered materials shall be properly recorded, reported, stored or exhibited according to the standards set by the State Historical Society.
(3) All development affecting the designated archeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by a qualified archeologist.
(4) Prior to the hearing by the Historic Preservation Commission for issuance of the Certificate of Appropriateness, the applicant or the Historic Preservation Commission shall cause to have presented the comments and recommendations of a qualified archeologist with respect to the resource under consideration and the application which would affect it.
F. Conditions on Certificates of Appropriateness. The Historic Preservation Commission may approve Certificates of Appropriateness subject to certain reasonable conditions. Work performed pursuant to the issuance of a Certificate of Appropriateness shall conform to the requirements of such certificate, if any. It shall be the duty of the Planning Director to inspect any work performed pursuant to a Certificate of Appropriateness to assure such compliance. In the event that such work is not in compliance, the Planning Director shall issue a stop-work order. The Historic Preservation Commission may request by resolution that the Planning Director inspect the work and issue a stop-work order. The Planning Director shall inspect the work for completion at the end of the time limit set forth by the Historic Preservation Commission. The Historic Preservation Commission may cause a Certificate of Appropriateness to be revoked upon determination by the Commission that work is not being undertaken in accordance with the requirements of such certificate. The applicant shall then be required to resubmit for a new Certificate of Appropriateness to authorize the work undertaken or proposed to be undertaken. Prior to revocation by the Historic Preservation Commission, the Planning Director shall notify the applicant in writing by certified mail of the specific causes for which the Certificate of Appropriateness is to be revoked, and the opportunity to request a hearing before the Commission with 30 days from the date of the notice. If no request for hearing is filed within said 30 days, the Certificate of Appropriateness shall be revoked automatically.
G. Completion of Work.
(1) A Certificate of Appropriateness shall expire one year from the date of issuance. The work sanctioned by the granting of a Certificate of Appropriateness shall be completed before the expiration date indicated on the Certificate of Appropriateness.
(2) Extensions:
(a) An extension to a Certificate of Appropriateness may be considered provided an application and fee are submitted in advance of the expiration date indicated on the Certificate of Appropriateness.
(b) The Historic Preservation Officer may grant a one-time extension for up to six months if continuous progress toward completion of the work approved in a Certificate of Appropriateness is demonstrated by evidence of physical change.
(c) The Historic Preservation Commission may grant an additional extension for one year if continuous progress toward completion of the work approved in a Certificate of Appropriateness is demonstrated by evidence of physical change.
(d) Only two extensions may be granted before a new review process is required, including application, attachments, and fee.
(3) Minor revisions to Certificates of Appropriateness. The Historic Preservation Officer may approve minor revisions to an unexpired Certificate of Appropriateness without additional fee provided:
(a) No more than five percent of the site or building shall be modified from the original Certificate of Appropriateness;
(b) Modifications shall not significantly alter the work previously approved;
(c) Modifications shall be in conformance with regulations and meet the requirements and recommendations of the standards and guidelines; and
(d) Modifications shall be consistent with all conditions associated with the original Certificate of Appropriateness.
H. Certificate of Appropriateness for Work Already Completed. Work that has already been initiated or completed without authorization through a Certificate of Appropriateness issued by the Historic Preservation Officer or Historic Preservation Commission shall be reviewed as if the work had not yet been undertaken. The property owner shall be required to apply for a Certificate of Appropriateness for the work already completed and proposed. The Historic Preservation Commission shall review the work proposed in the application for its appropriateness in the context of the property or resource as it appeared prior to any work being undertaken.
I. Unique Circumstances. It is acknowledged that some applications to the Historic Preservation Commission will require approval of work that does not strictly comply with the standards set forth in the Preservation Standards and Guidelines, or which is not addressed by the Guidelines, but which is nevertheless historically appropriate and in compliance with the intent of the Guidelines and the Secretary of the Interior's Standards. In such circumstances, the Historic Preservation Commission may approve a Certificate of Appropriateness for such work upon issuing a detailed finding that the proposed work is historically appropriate and is consistent with the spirit and intent of the Preservation Standards and Guidelines and that the proposed work will not adversely affect the historic character of the property or the integrity of the historic district.
J. Administrative Approvals for Certificates of Appropriateness for Certain Items of Work. Certificates of Appropriateness for certain items of work may be administratively approved by staff. All administrative approvals are to be duly recorded by the Historic Preservation Officer and a list of administrative approvals is to be provided to the full Historic Preservation Commission at the next available Commission meeting.
(1) The following items may be administratively approved:
(a) Sidewalks, driveways, parking lots, curbs and vacant sites meeting the criteria in Section 2.3.5—2.3.21 of the Preservation Standards and Guidelines.
(b) Service and mechanical areas meeting the criteria in Section 2.4.3—2.4.7 of the Preservation Standards and Guidelines.
(c) Landscape elements meeting the criteria in Section 2.5.11—2.5.40 of the Preservation Standards and Guidelines.
(d) Views and vistas meeting the criteria in Section 2.6.4—2.6.6 of the Preservation Standards and Guidelines.
(e) Fences and walls meeting the criteria in Section 2.8.4—2.8.22 of the Preservation Standards and Guidelines.
(f) Public property and right-of-way improvements meeting the criteria in Section 2.9.1—2.9.10 of the Preservation Standards and Guidelines.
(g) Maintenance and rehabilitation to exterior materials meeting the criteria in Section 3.1.10—3.1.25 of the Preservation Standards and Guidelines.
(h) Porch elements meeting the criteria in Section 3.3.20, 3.3.25, and 3.3.30—3.3.31 of the Preservation Standards and Guidelines.
(i) Doors and Entries meeting the criteria in Section 3.5.4—3.5.29 of the Preservation Standards and Guidelines.
(j) Windows, shutters, and awnings meeting the criteria in Section 3.6.4, 3.6.23—3.6.26, 3.6.30, 3.6.33—3.6.34, and 3.6.39—3.6.47 of the Preservation Standards and Guidelines.
(k) Roofs meeting the criteria in Section 3.7.11—3.7.26 of the Preservation Standards and Guidelines.
(l) Foundations meeting the criteria in Section 3.8.5—3.8.8 of the Preservation Standards and Guidelines.
(m) Accessory buildings meeting the criteria in Section 3.9.6—3.9.17, and 4.5.5—4.5.14 of the Preservation Standards and Guidelines.
(n) Signs meeting the criteria in Section 3.10 of the Preservation Standards and Guidelines.
(o) Lighting and fixtures meeting the criteria in Section 3.11.8-3.11.10 of the Preservation Guidelines.
(p) Energy Efficiency features meeting the criteria in Section 4.7.4—4.7.7 of the Preservation Guidelines.
(q) A onetime extension, not to exceed six months, to an unexpired Certificate of Appropriateness.
(r) A minor revision to an unexpired Certificate of Appropriateness that does not modify more than five percent of the approved work items.
(2) In some situations, staff may determine that it is more appropriate that an application for administrative approval be reviewed by the Historic Preservation Commission. In such instances, staff shall advise the applicant accordingly.
K. Appeals.
(1) Any person aggrieved by a decision of the Historic Preservation Commission shall have such right of appeal, as may be otherwise provided by law.
(2) Appeal to the Board of Adjustment.
(a) Right of Appeal; Effect of Certificate of Appropriateness Prior to Expiration of Appeal Period.
1. Any person aggrieved by any decision of staff or the Historic Preservation Commission in granting or denying a Certificate of Appropriateness may appeal said decision to the Board of Adjustment. No Certificate of Appropriateness granted by the Historic Preservation Commission shall become effective until the expiration of the appeal period provided for in this chapter.
(b) Method of Appeal. All appeals to the Board shall be taken within ten days from the date of the decision by filing a Notice of Appeal with the Clerk of the Board of Adjustment and by paying the required filing fee at the time the Notice is filed. The Notice of Appeal shall specify the grounds for the appeal. Upon receipt of Notice of Appeal, the Clerk shall forthwith transmit to the Board all papers and other materials constituting the record in the case, together with the written Order of the Commission. The appeal shall be heard by the Board of Adjustment as soon as said matter can be placed upon the agenda by the clerk of the Board of Adjustment in the regular course of business.
(c) Effect of Appeal. An appeal to the Board of Adjustment from a decision by the Historic Preservation Commission shall stay all proceedings in furtherance of the decision being appealed.
(d) Decision on Appeal by Board of Adjustment. The appeal shall be heard and tried do novo by the Board, provided such appeal shall be limited to the issues and evidence presented to and decided by the Commission, and the grounds specified in the Notice of Appeal. In deciding an appeal, the Board shall use the same standards and criteria of review as set forth in the Historic Preservation Ordinance. Upon review, the Board may affirm, reverse or modify the decision of the Historic Preservation Commission; or the Board shall remand the case to the Commission based upon new evidence in the event that new evidence is presented. Any person aggrieved by the ruling of the Board on said appeal shall have such further rights of appeal as provided by law.
(e) Right of Appeal to Board of Adjustment Not Exclusive Method of Appeal. The right of appeal to the Board of Adjustment, as provided for herein, shall not be the exclusive method of appeal from decisions of the Historic Preservation Commission. Any person aggrieved by any decision of the Historic Preservation Commission shall have such other rights of appeal, as may be provided by law.
L. Demolitions.
(1) General Provisions.
(a) A Certificate of Appropriateness shall be required for the demolition or removal of any structure within any HL or HP District. Applications for demolition permits shall be filed with the Development Services Director, but shall not be issued unless accompanied by Certificate of Appropriateness.
(b) A Certificate of Appropriateness shall not be required for the demolitions or removal by the City of a structure that has been declared dilapidated by the City Council. Prior to consideration by the City Council, the Historic Preservation Commission shall forward to the City Council a recommendation regarding whether the structure is contributing to the historic integrity of the historic district and whether demolition will adversely affect the historic character of the property or district.
(c) A Certificate of Appropriateness shall be required for those structures declared dilapidated by the City Council whose removal is not undertaken by the City.
(2) Findings and Purpose. Demolition or removal of a historic structure constitutes an irreplaceable loss to the quality and character of the City. Therefore, a Certificate of Appropriateness for demolition of any structure, including houses, garages, or other accessory buildings, shall only be granted if one of the following occurs:
(a) As determined by the Commission, the structure is noncontributing to the historic integrity of the historic district and the demolition will not adversely affect the historic character of the property or district.
(b) As evaluated by the Commission based upon information including, but not limited to, reports, photographs, or inspection as part of a site visit, the structure is in a state of decay or ruin and poses an imminent threat to public health or safety and the demolition of said structure is required to alleviate said threat.
(c) There is no viable economic use of the structure. For purposes of this Paragraph, the term "no viable economic use" shall mean:
1. The structure is incapable of earning a reasonable economic return.
2. The structure cannot reasonably be adapted for any other use which would result in a reasonable economic return.
3. The owner, using due diligence, has been unable to find a developer, financier, purchaser or tenant that would enable the owner to realize a reasonable economic return.
(d) The structure is a garage or other accessory building and meets at least one of the following criteria addressing the functionality and continued use of the historic structure in relation to the impact of a demolition on the historic character of the property and district:
1. The structure is not large enough to accommodate a standard size parking space and cannot reasonably be altered to do so;
2. The condition of the structure makes it physically impractical to rehabilitate without the loss of all or nearly all fabric contributing to its historic integrity;
3. The structure is not original to the property;
4. The structure has minimal impact upon the historic integrity of the property and district, due to factors including the structure's lack of historic integrity and significance, architectural significance, or minimal to no visibility from a public way.
(3) Economic Review Board. For demolitions based upon "no viable economic use" of the property, the application shall be referred immediately to the Economic Review Board, which shall consist of three independent experts appointed by the City Manager. Economic Review Board members shall be knowledgeable in the economics of real estate, renovation and redevelopment. "Independent" as used in this Paragraph means that the expert has no financial interest in the property, its renovation or redevelopment, is not an employee of the property owner, is not a City employee, is not a member of the Historic Preservation Commission, and is not compensated for serving on the Economic Review Board. The Economic Review Board shall have 60 days to hold a public hearing, review the submitted documentation which may include appraisals, profit and loss statements, itemized expenses, listings of the property for sale, current fair market value, records depicting the current conditions of the property and other relevant documentation, consider all options for renovation, adaptive reuse and redevelopment, and forward a written non-binding recommendation to the Historic Preservation Commission.
(4) Action by the Historic Preservation Commission. After the Economic Review Board had made a written recommendation, the application shall be deemed complete and the Historic Preservation Commission shall hold a public hearing within 65 days of receiving said recommendation for the purpose of considering the Certificate of Appropriateness for demolition or removal. The Historic Preservation Commission shall either approve or deny the application unless the applicant agrees upon a continuance.
(5) Burden of Proof. The applicant has the burden of proof to establish, by a preponderance of evidence, the necessary facts to warrant demolition.
(6) Standards for Demolition Approval. The Historic Preservation Commission shall approve the application for demolition if it finds any of the following:
(a) The structure is noncontributing to the historic district and the demolition will not adversely affect the historic character of the property or district.
(b) The structure, which has not otherwise been declared a public nuisance by the City Council, poses an imminent threat to public health or safety and the demolition of said structure is required to alleviate said threat.
(c) There is "no viable economic use" of the structure as said term is defined in this section.
(d) The structure is a garage or other accessory building and meets at least one of the following criteria addressing the functionality and continued use of the historic structure in relation to the impact of a demolition on the historic character of the property and district:
1. The structure is not large enough to accommodate a standard size parking space and cannot reasonably be altered to do so;
2. The condition of the structure makes it physically impractical to rehabilitate without the loss of all or nearly all fabric contributing to its historic integrity;
3. The structure is not original to the property;
4. The structure has minimal impact upon the historic integrity of the property and district, due to factors including the structure's lack of historic integrity and significance, architectural significance, or minimal to no visibility from a public way.
4250.5. Urban Design Review.
A Establishment and Purpose. The City of Oklahoma City has previously established the process for granting Certificates of Approval.
B. Authority and Execution. The Urban Design Commission shall review and take action on applications for Certificates of Approval.
C. Supplemental Guidelines. In addition to the Design Guidelines found in Section 59-13700 of this chapter, said design guidelines may be supplemented by more detailed guidelines expanding on the basic design principles contained herein. Such supplemental guidelines shall be adopted by the Urban Design Commission in accordance with the regulations of this chapter, and shall be made available to the public upon request and shall be provided to applicants for Certificates of Approval at the time of application. The Commission has adopted the following supplemental guidelines:
(1) Building Conservation & Rehabilitation Guidelines for Oklahoma City.
(2) Downtown Development Framework (Design Framework Guidelines only).
These supplemental guidelines and any amendments thereto are hereby adopted by reference as if set out at length herein. Copies of the same are on file in the office of the City Clerk and are also available in the Planning Department. Where discrepancies exist between the supplemental guidelines and other guidelines established in this section, the guidelines established in this section shall take precedence.
D. Procedure.
(1) Certificate of Approval Required.
(a) No building permit shall be issued by the Development Services Director for exterior work on any structure or site located within an Urban Design Overlay District, the Scenic River Overlay Design Districts, the Stockyards City Development District, or the Stockyards City Transitional Development Overlay District until a Certificate of Approval has been approved, unless the applicant demonstrates that the proposed work does not require a Certificate of Approval.
(b) A Certificate of Approval shall be required for the demolition or removal of any structure within an Urban Design Overlay District, the Scenic River Overlay Design District, the Stockyards City Development District, or the Stockyards City Transitional Development Overlay District. Applications for demolition permits shall not be issued unless accompanied by a Certificate of Approval.
(c) A Certificate of Approval shall not be required for the demolition or removal by the City of a structure that has been declared dilapidated by the City Council.
(2) Applications. Applications for Certificates of Approval shall be filed in accordance with the requirements of this section on forms provided by the City. Each application shall describe clearly all proposed changes.
(3) Action by the Urban Design Commission. All complete applications received prior to the deadline for submission of applications for scheduled monthly meetings shall be heard by the Urban Design Commission, unless a deferral is requested by the applicant.
The Urban Design Commission shall either approve or deny the application, provided, however, the Urban Design Commission may order and/or grant a continuance if it determines the application to be incomplete, or if a continuance is requested.
E. Expirations for Certificates of Approval. All work sanctioned by the granting of the Certificate of Approval shall be completed within two years of its issuance except that the demolition of a structure shall be completed within six months. Staff may determine, for good cause shown, that prior to the expiration of a Certificate of Approval an extension for time to complete the work should be granted. A maximum of four extensions may be granted before a new review process is required, including application, attachments, and fee. Staff may forward such requests to the Commission for consideration as deemed necessary. For purposes of this section, good cause may include, but may not be limited to:
(1) a showing by the applicant that continuous progress is being made to complete said work;
(2) a showing by the applicant that due to the nature of the project, additional time is necessary to complete said work; and
(3) a showing by the applicant that due to conditions beyond the control of the applicant, said work was unable to be completed within the prescribed time period.
F. Appeals. Any person aggrieved by a decision of the Urban Design Commission or staff may appeal such decision to the Board of Adjustment. The appeal shall be filed in accordance with the provisions of Section 59-4250.10 (Appeals).
G. Continuances. Continuances may be granted on any case, provided progress has been demonstrated. In the event no progress has been demonstrated on a case for a period of six continuous months, the case shall be deemed withdrawn.
H. Recommendations and Review. The Urban Design Commission shall have the opportunity to comment upon and provide recommendations on actions proposed to other City boards, committees, or commissions with respect to the effect of such actions upon the Scenic River Overlay Design Districts, the Stockyards City Development District, the Stockyards City Transitional Development Overlay District, and the Urban Design Overlay District.
I. Previously Approved PUDs and SPUDs.
(1) For purposes of this Section, for any previously approved PUD or SPUD located in the Scenic River Overlay Design Districts that make specific reference to subsequent reviews or revisions to be conducted by the "Scenic River Overlay Design Committee, "Riverfront Design Committee", or "RDC" shall now be considered as a referral to the Urban Design Commission for said reviews.
(2) For purposes of this Section, for any previously approved PUD or SPUD located in the Stockyards City Development District or the Stockyards City Transitional Development District Overlay District that make specific reference to subsequent reviews or revisions to be conducted by the "Stockyards City Urban Design Committee shall now be considered a referral to the Urban Design Commission.
4250.6. Reserved.
4250.7. Reserved.
4250.8. Reserved.
4250.9. Variances.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for granting variance requests. This process is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen application of this chapter that create practical difficulties or particular hardships.
B. Parties Entitled to Seek Variances. Applications for variances may be initiated by the City Council or the Planning Commission, or filed by the owner of, or any person having a right of ownership in, any property in the City.
C. Authority and Execution. The Board of Adjustment shall hear and make final decisions on applications for variances. The Board of Adjustment shall review each case on its own merits, apply the standards established herein, and, if appropriate, grant a variance from the strict application of this chapter so as to relieve said difficulties and hardships.
D. Procedure.
(1) Applications. Applications for variances shall be filed in accordance with the requirements of this section on forms provided by the City.
(2) Acceptance of Application. Staff shall review the application for completeness. Upon receipt of a complete application, Staff shall schedule the application for an upcoming Board of Adjustment agenda for consideration and shall distribute the application to other appropriate departments for review.
(3) Action by the Board of Adjustment.
(a) The Board of Adjustment shall hold a public hearing in accordance with adopted deadlines as outlined in Section 59-4150 (Public Hearings and Notices). Notice for the public hearing shall be in accordance with Section 59-4150 (Public Hearings and Notices).
(b) Within a reasonable time from the close of the public hearing, the Board of Adjustment may take action in the form of either approval, approval with conditions or denial on applications for variances.
E. Findings of Fact for Variances. Prior to approval of an application for variance, the Board of Adjustment shall make a determination that the following standards have been met:
(1) The application of this chapter to the particular piece of property would create an unnecessary hardship or result in exceptional practical difficulties.
(2) Such conditions are peculiar to the particular piece of property involved.
(3) Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter or the Comprehensive Plan; and
(4) The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
F. Variance Less than Requested. The Board of Adjustment may grant variances less than or different from that requested when the record supports the applicant's right to some relief, but not the entire relief requested.
G. Conditions on Variances. The Board of Adjustment may impose specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this chapter, upon any lot benefited by a variance as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the order granting the variance.
H. Limitations on Variances.
(1) A variance only authorizes the conduct of the variance on the property represented in the application, and is not transferable to other properties.
(2) A variance shall be deemed to authorize only the particular construction or development for which it was issued, but does not alone authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration or moving of any building or structure without first obtaining any other required permit, including a building permit and certificate of occupancy.
(3) Any approved variance from the use regulations of a zoning district shall be deemed a legal nonconforming use subject to Section 59-15200 of this chapter.
I. Compliance with Terms and Conditions of Board of Adjustment Orders Required.
(1) Any person granted relief by the Board of Adjustment pursuant to an application for variance shall, at all times, comply with all of the terms and conditions stated in the Board of Adjustment order. Failure to comply with any term or condition stated in the Board of Adjustment order shall constitute a violation of this chapter punishable as provided by Section 59-4350 (Enforcement, Violations and Penalties).
(2) All successors or assigns of any person granted relief by the Board of Adjustment pursuant to an application for variance shall at all times comply with all of the terms and conditions stated in the Board of Adjustment order. Failure to comply with any term or condition stated in the Board of Adjustment order shall constitute a violation of this chapter punishable as provided by Section 59-4350 (Enforcement, Violations and Penalties).
J. Records of Variances. A record of all requests for variances, including action taken by the Board of Adjustment, shall be kept on file by Staff and copies shall be available, on request, to any person, for a fee specified by the City.
4250.10. Appeals.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for review of appeals to the decisions of any City Official to provide appropriate checks and balances on administrative authority.
B. Parties Entitled to Seek Administrative Appeals. Applications for appeals may be filed by any person aggrieved by, or by any officer, department, board or bureau of the City affected by, any decision of the any City Official related to the issuance of a building permit or the enforcement of this chapter.
C. Authority and Execution. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of any City Official, Design Review Committee or Commission, related to the issuance of a building permit, the granting or denial of a Certificate of Approval or Certificate of Appropriateness, or enforcement of this chapter. Such appeal shall be taken within 30 days from the date of the decision, or ten business days if within the Bricktown Core Development District (BC), Downtown Design Districts (DBD, DTD-1, and DTD-2), Historic Preservation District (HP), Historic Landmark Overlay District (HL), Scenic River Overlay Design District (SRODD), Stockyards City Development District (SYD), Stockyards City Transitional Development Overlay District (SYT), and Urban Design (UD) Overlay District by filing with the Clerk of the Board of Adjustment a notice of appeal specifying the grounds thereof, and by paying the required filing fee at the time the notice is filed. The Clerk of the Board of Adjustment shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
D. Procedure.
(1) Applications. Applications for appeals shall be filed in accordance with the requirements of this section on forms provided by the City.
(2) Acceptance of Application by the Clerk of the Board of Adjustment. Such appeal shall be taken within the number of days permitted by 59-4250.10.C., above, from the date of the decision, by filing with the Clerk of the Board of Adjustment a notice of appeal specifying the grounds thereof. Upon receipt of a complete application, the Clerk of the Board of Adjustment shall review the application for completeness. The Clerk of the Board of Adjustment shall schedule the application for an upcoming Board of Adjustment agenda for consideration and shall send to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(3) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Clerk of the Board of Adjustment certifies to the Board of Adjustment, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, 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 and notice to the Clerk of the Board of Adjustment and on the cause shown.
(4) Action by the Board of Adjustment.
(a) The Board of Adjustment shall fix a reasonable time for hearing appeals and direct applications, giving public notice thereof, and due notice to interested parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(b) The appeal shall be heard and tried de novo by the Board, provided such appeal shall be limited to the grounds specified in the Notice of Appeal. Upon review, the Board may affirm, reverse or modify the decision of the City Official, Design Review Committee or Commission. Any person aggrieved by the ruling of the Board on said appeal shall have such further rights of appeal as provided by law.
(c) Every ruling made upon any appeal to the Board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the appeal. In considering all appeals from rulings made under this chapter, the Board shall, in making its finding on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, convenience, order and general welfare of the people of the City.
E. Compliance with Terms and Conditions of Board of Adjustment Orders Required.
(1) Any person granted relief by the Board of Adjustment pursuant to an appeal shall, at all times, comply with all of the terms and conditions stated in the Board order. Failure to comply with any term or condition stated in the Board order shall constitute a violation of this chapter punishable as provided by Section 59-4350 (Enforcement, Violations and Penalties).
(2) All successors or assigns of any person granted relief by the Board of Adjustment pursuant to an appeal shall at all times comply with all of the terms and conditions stated in the Board of Adjustment order. Failure to comply with any term or condition stated in the Board of Adjustment order shall constitute a violation of this chapter punishable as provided by Section 59-4350 (Enforcement, Violations and Penalties).
F. Appeal from Board of Adjustment Decisions.
(1) Method of Appeal. Any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the City may appeal any action, decision, ruling, judgment or order of the Board of Adjustment to the district court by filing a notice of appeal with the City Clerk and with the Clerk of the Board of Adjustment within ten days from the date of the decision of the Board of Adjustment. This notice shall specify the ground(s) for appeal. Once the notice of appeal is filed as provided, the Board of Adjustment shall cause to be transmitted a certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the Board of Adjustment.
G. Record of Appeals. A record of all requests for appeals, including action taken by the Board of Adjustment, shall be kept on file by the Clerk of the Board of Adjustment and copies shall be available, on request, to any person, for a fee specified by the City.
4250.11. Zoning Text and Map Amendments.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for amending the zoning text and the zoning map. This process is intended to make adjustments to this chapter in response to changed conditions or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
B. Parties Entitled to Request Zoning Text and Map Amendments. Applications for zoning text and map amendments may be filed by the City Council, the Planning Commission, or the owner of, or any person having a right of ownership in, any property to be affected by a proposed amendment to the zoning map or by a proposed amendment to the text of this chapter.
C. Authority and Execution. The City Council, after receiving a recommendation by the Planning Commission, shall take formal action on requests for zoning text and map amendments.
D. Procedure.
(1) Applications. Applications for zoning text and map amendments shall be filed in accordance with the requirements of this section on forms provided by the City.
(2) Acceptance of Application. Staff shall review the application for completeness. Upon receipt of a complete application, Staff shall schedule the application for an upcoming Planning Commission agenda for consideration and shall distribute the application to other appropriate departments for review.
(3) Recommendation by the Planning Commission.
(a) The Planning Commission shall hold a public hearing in accordance with adopted deadlines as outlined in Section 59-4150 (Public Hearings and Notices). Notice for the public hearing shall be in accordance with Section 59-4150 (Public Hearings and Notices).
(b) 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 zoning text amendments, and recommendation of either approval or denial on applications for zoning map amendments to the City Council.
(4) Action by the City Council.
(a) The City Council shall consider the application within a reasonable time of receiving the findings of fact and recommendation from the Planning Commission. The City Council may take action in the form of approval, approval with conditions or denial of applications for zoning text amendments, and in the form of approval or denial of applications for zoning map amendments.
Protests against proposed changes shall be filed at least three days before the date of the public hearing before the City Council. 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.
E. Standards for Zoning Text and Map Amendments. City Council approval of a zoning amendment, whether text or map, is a matter of legislative discretion that is not controlled by any single standard. However, in making its decision, the City Council shall consider the extent to which the proposed amendment is consistent with the Comprehensive Plan, and whether the proposed amendment will accomplish any of the following objectives:
(1) Lessen congestion in the streets.
(2) Secure safety from fire, panic and other dangers.
(3) Promote health and the general welfare.
(4) Provide adequate light and air.
(5) Prevent overcrowding of land.
(6) Promote historical preservation.
(7) Avoid undue concentration of population.
(8) Facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements.
In addition, any zoning amendment shall be made with reasonable consideration of, among other things, the character of the zoning 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.
F. Successive Applications. Whenever any application for a proposed zoning text or map amendment has been heard and decided by the City Council, a second application to zone the property contained in the previous application shall not be accepted within six months of the date of the previous decision, unless said second application is initiated by the City Council. However, a second application may be accepted upon a showing by the applicant of a material change in the character and use of surrounding properties or when other new evidence is produced which could affect the previous decision of the City Council.
G. Records of Zoning Text and Map Amendments. A record of all requests for zoning text and map amendments, including action taken by the City Council, shall be kept on file by the City Clerk and copies shall be available, on request, to any person, for a fee specified by the City.
4250.12. Request for Closing of a Public Way or Easement.
A. Establishment and Purpose. The City of Oklahoma City has previously established the process for granting requests to close a public way or easement.
B. Parties Entitled to Request Closing of a Public Way or Easement. An 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.
C. Authority and Execution. The City Council, after receiving a recommendation by the Planning Commission, shall take formal action on requests for closing of a public way or easement.
D. Procedure.
(1) Application. Requests for closing of a public way or easement shall be filed in accordance with the requirements of this section.
(a) Three copies of the application form, available from the Department. This application must include signatures of property owners who own more than one-half of the total frontage of the public way or easement to be closed, or shall be initiated by the Planning Commission or City Council. A copy of each applicant's deed shall also be required unless the application is initiated by the Planning Commission or City Council.
(b) Three copies of an ownership list certified by a bonded abstractor or the applicant. The ownership list shall reflect all owners of record of property abutting the public way or easement, and such owners of record whose property lies within a 300-foot radius of the exterior boundary of the public way or easement sought to be closed. However, if the list of said owners is less than 15 individuals, said radius is to be extended by increments of 100 linear feet until the list of property owners includes not less 15 individual property owners of separate parcels or until a maximum radius of 1,000 feet has been achieved. The names, mailing addresses, zip codes and legal descriptions of said owners of record, which shall be taken from the current year's tax roll in the Office of the County Assessor, shall be included in the application.
(c) A filing fee, as required by the fee schedule of The Oklahoma City Municipal Code, unless the application is initiated by the Planning Commission or City Council.
(d) Three copies of a map which indicates the location of the public way or easement sought to be closed, including property ownership lines for each applicant, unless the application is initiated by the Planning Commission or City Council.
(e) In those cases where action by a Board of County Commissioners is also required, a certified copy of an application or finding to such board shall be provided.
(2) Acceptance of Application.
(a) An application to request closing of a public way or easement shall be filed with the Department. The Department Staff shall review the application for completeness. Upon receipt of a complete application, the Department Staff shall schedule the application for an upcoming Planning Commission agenda for consideration.
(b) The Department shall send a memo to appropriate City departments and franchise holders requesting their comments and recommendations on the effects of said closing. The Department Staff shall investigate the application and shall submit its comments, along with the comments of other departments and franchise holders, to the Planning Commission.
(3) Recommendation by the Planning Commission.
(a) The Planning Commission shall hold a public hearing in accordance with adopted deadlines as outlined in Section 59-4150 (Public Hearings and Notices). Notice for the public hearing shall be in accordance with Section 59-4150 (Public Hearings and Notices). Notice of hearing by the Planning Commission shall be mailed to each owner of record whose name appears on the furnished list of property owners at least 20 days prior to hearing.
(b) The Planning Commission shall give major consideration to whether the application complies with the Oklahoma City Plan, if the requested closure would adversely affect the public, and whether closure would interfere with any existing or future utilities located in the easement or alley.
(4) Action by the City Council.
(a) After the Planning Commission makes its recommendation, an ordinance to close the subject public way or easement shall be introduced to the City Council and set for final hearing five weeks after the date of introduction.
(b) After introduction of the ordinance, the City Clerk shall mail written notice to property owners whose names appear on the ownership list, 30 days prior to final hearing, shall give notice to the public by one publication in a newspaper of general circulation in the City, and shall give written notice of the proposed ordinance enactment to holders of franchises and others determined by the City Council to have a special right or privilege to use the public way or easement, 30 days prior to final hearing.
(Ord. No. 23755, § 2, 12-2-08; Ord. No. 24009, § 3, 2-2-10; Ord. No. 24128, § 2, 8-31-10; Ord. No. 24136, § 1, 9-28-10; Ord. No. 24276, § 1, 5-24-11; Ord. No. 24290, § 2, 6-21-11; Ord. No. 24291, § 2, 6-21-11; Ord. No. 24478, § 1, 6-19-12; Ord. No. 24498, § 1, 7-31-12; Ord. No. 24574, § 1, 12-4-12; Ord. No. 24609, § 3, 2-19-13; Ord. No. 24726, § 2, 8-13-13; Ord. No. 24901, § 2, 6-10-14; Ord. No. 24902, § 2, 6-10-14; Ord. No. 25264, § 2, 10-27-15; Ord. No. 25434, § 3, 8-16-16; Ord. No. 26081, § 1, 1-15-19; Ord. No. 26085, § 1, 2-12-19; Ord. No. 27526, § 2, 2-13-24, eff. 3-15-24; Ord. No. 27658, § 3, 7-30-24; Ord. No. 27743, § 1, 12-17-24)
