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