HomeMy WebLinkAbout116_Protection of Health_Safety_Welfare of CitizensNOTICE OF EMERGENCY ORDINAINCE
FOR THE TOWN OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 116
TITLE: AN ORDINANCE DESIGNED FOR THE PROTECTION OF HEALTH, SAFETY AND WELFARE
OF CITIZENS OF THE TOWN OF OWASSO, OKLAHOMA; COMPILING AND PROVIDING RULES AND
REGULATIONS RELATING TO AND AFFECTING TRAFFIC, BUILDING, UTILITIES AND FIRE
CONTROL AND PREVENTION, AND THE SUPERVISION THEREOF; ESTABLISHING A ZONING
CODE AND FOR THE CODIFICATION THEREOF; RPVIDING FOR ESTABLISHMENT OF FLOOD
CONTROL AND FLOODPLAIN REGULATIONS; RPOVDING RESTRICTION AD REGULAITONS
TO CONTROL DENSITY OF POPULATION, DENSITY AND LOCATION OF BUILDING STRUCTURES,
AND USE OF LAND; ESTABLISHING AND DEFINING USE UNITS; PROVIDING FOR ENFORCEMENT
OF RULES, REGULATIONS AND RESTRICTIONS; DEFINING AND ESTABLISHING DUTIES
AND AUTHORITY OF BUILDING INSPECTOR, AND OF DEPARTMENTS, OFFICIALS AND EMPLOYEES
OF THE TOWN OF OWASSO; REQUIRING ZONING PERMITS OR LICENSES FOR ANY USE OR
PURPOSE OR CONSTRUCTION, ALTERATION, MOVING OR ADDING TO ANY BUILDING OR
STRUCTURE; PERMITTING NONCONFORMING USES OF LAND, SUBJECT TO QUALIFICATIONS
AND LIMITATIONS; PROVIDING FOR PAYMENT OF PERMIT FEES, AND FOR PAYMENT OF OTHER
COSTS AND EXPENSES RELATING TO REZONING, PROVIDING PENALTIES FOR VIOLATIONS;
ESTABLISHING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND AUTHORITY;
PROVIDING RIGHT TO AND PROCEDURE FOR APPEALS; PROVIDING FOR AMENDMENTS OF CODE
AND REGULATIONS, AND REPEALS, DEFINING WORDS AND PHRASES AS USED IN THE CODE;
CONTAINING A SERVERABILITY AND SAVING CLAUSE, AND DECLARING AN EMERGENCY.
SUMMARY OF CONTENS: Ordinance number 116, under the above title, passed by
the Board of Trustees of The Town of Owasso, Oklahoma, on the 7th day of August,
1969, at a regulary called public meeting, called for the purpose, is enacting for
the purpose of cooperating with the State of Oklahoma in conserving the natural
resources of the State and promoting the health, safety, peace, morals, comfort,
convenience, prosperity, order, and general welface of the people of the State and
of The Town of Owasso, Oklahoma, and for lessening danger and congestion of public
transportation and travel, and habitation and building, and or securing safety
from fire and other dangers, of the preventing overcrowding of land and avoiding
undue concentration of population, and of providing adequate police protection,
transportation, water, sewerage, schools, parks, recreational failities, military
and naval facilities and civil defense, and other public requirements, and of
preventing undue encroachment thereon. The ordinance is to be known as the "Owasso
Zoning Code", and provides for calssification of and regulations and restrictions
upon the use of land; providing rules and regulations pertaining to
installations of utilities; outlining procedures in matters relative to compliance
with the zoning code and, prvides for appeals from the board's
decisions; providing for enforcement of the zoning regulations and penalties in
cases of violations, and providing for the districting of residential, commercial,
recreational, business and industerial uses within The Town of Owasso for the
bettermenet and best welfare of the town's population and inhabitants.
Dated this 7th day of August, 1969, and published by the udersigned authority.
President of the Board of Trustees of
The Town of Owasso, Oklahoma
Attest, Town Clerk for The Town of Owasso.
Approved:, Attorney for The Town of Owasso.
In Re: "OWASSO ZONING CODE", Ordinance Number 116:
CERTIFICATE
of
TOWN CLERK
TO THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA:
This is to certify that I have received not less than Fifty (50)
copies of the "Owasso Zoning Code", complete in looseleaf form, prepered by
Community Planning Associates, of Tulsa, Oklahoma, and M. S. Sawyer, the
town's attorney, same being copies of Ordinance Number 116, passed, approved
and adopted by the board on the 7th day of August, 1969, together with subdivision
regulations, and the same are full, true, correct and complete
copies of the original "Owasso Zoning Code" (Ordinance No. 116) and subdivision
regulations passed and adopted by the Board of Trustees as afoesaid, and that
all of said copies are now in my possession as Town clerk of The Town of
Owasso, Oklahoma
Dated this 7th day of August, 1969.
Inez H. Odom
Town Clerk of The Town of Owasso,
State of Oklahoma
seal
PROOF OF PUBL,A'ATIOIN
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn, upon
oath deposes and says that he is the publisher of the
. . . . . ...... .......... , a newspaper
printed in the English language, in the City of
.. . ........... Tulsa County, Oklahoma,
having a bona fide paid general circulation therein, and
with entrance into the United States mail as second class
mail matter in Tulsa County and published in said county
where delivered to the United States mail, and that the notice
by publication, a copy of which is hereto attached, was
published in said newspaper for .. ' ' :........... .
consecutive weeks, the first publication being on the
. . . . . ............... day of .............
19 .' . . . . and the last day of publication being on the
. . ................... day of ..............
19 ... ... and that said newspaper has been continuously
and uninterruptedly published in said county during the
period of more than One Hundred and Four (104) weeks
consecutively, prior to the first publication of said notice,
or advertisement, as required by Section one, Chapter
four, Title 25 Oklahoma Session Laws, 1943, as amended
by House Bill No. 495, 22nd Legislature, and thereafter,
and complies with all of the prescriptions and require-
ments of the laws of Oklahoma. (The advertisement above
referred to is a true and printed''�opy. Said notice was
published in all editions of said n"spaper and not in a
supplement their, of)
Subscribed and sworn to before me by Bill R Retherford,
publisher of the . . . . . .......................
this ..... day of .. . . . . ., 19
. . 0-7,
ill,% '�
Nota y%'Public.
My commission expires . . . .........
PUBLISHER'S FEE $........ .
i v c,v:r
? LOCATI
LAND;
r, Aug. 14, 1969.
BUILDING, UTILITIES AND = FIRE
3NTION, AND THE SUPERVISION
qG A zoNING CODE AND FOR THE
OF; PROVIDING FOR ESTABLISH%
'ROL AND FLOODPL13 N REGULA-
TRICTIONS AND REGULATIONS
U"Zo, t1_IN i
1G USE UNI°I
JU114A1 AINij iLS:.r r"M110, .urea ay:,xs.,v ,...... __ — - -- - .d
,S USED IN THE CODE; CONTAINING A SEVERABILITY
LND SAVINGS CLAUSE, AND DECLARING AN EMERGENCY.
UMMARY OF CONTENTS: Ordinance number 116,, under
he above title, passed by the Board of Trustees of The
,own of Owasso, Oklahoma, on the 7th clay of August,
1969, at a regularly called public meeting, called for the :l
iurpose 9 is enacted for the purposes of cooperating with,
he Stale of Oklahoma in conserving the natural resources
)f the State and promoting the health, safety, peace, morals,
,omfort, convenience, prosperity, order, and general welfare
if tho "neonle ' of the State and of The Town of Owasso,
procedure relating='
of buildings or the I
and use of land; prov
to installations of utili
to
in
—P
variances
Is from thE
f the Z onin
in cas(
welfare of the town's population
Dated this 7th day of Augi
the undersigned authority.
Preside
Th(
ATTEST:
INEZ H. ODOM, Town
*SEAL*
Approvedby M. S. Sawyer, Attoi
ons pertain.
Pz in matt�
from decisions
�t zoning maps
and hold public
C the code, and,
�ions; providing
and peanalties
e districting of
;s and industrial
Tment and best
:s.
Ed published by
, GROTH
°d of Trustees of
3,sso, Oklahoma
Cownof Owasso
11100 Application for Zoning Clearance Permit
1110, 3 Building Inspector To Act Within Three Days
The Building Inspector shall act upon each application for a
Zoning Clearance Permit within three days after it is filed in
compliance with the provisions herein. He shall return one
copy of the plans and issue a Zoning Clearance Permit or not-
ify the applicant, in writing, of his refusal to issue a permit
setting forth the reasons therefore,
11M4 Fees For Zoning Clearance Permits
No Zoning Clearance Permit shall be issued until a fee of $ 2. 00
shall have been paid provided that upon the payment of $ 10. 00 a
group Zoning Clearance Permit may be issued covering 5 or more
residential lots in the same subdivision®
SECTION 1120. PENALTIES FOR VIOLATION
Any person, firm, or corporation, violating any provisions of
this Code or failing to comply with any of its requirements, in-
cluding violations of conditions and safeguards established in
connection with grants of variances or special exceptions, shall
be deemed guilty of an offense and upon conviction thereof, shall
be fined not more than $ 20. 00, including cost, and each day's
violation thereof shall constitute a separate offense.
11 - 2
j ks,/
SOCTICE QgL=__DEF1hjj1QRE
The words " Mayo r"p WresldentO, ana 'Chief Executive" as used in
this code shall have like r eardng and be interchangeable with the
words "President" of the Board of Trustees of The Town of Owasso.
FECTIM4 1500 C171TION AND VDIFIGAT10117
This Ordinance shall be known and may be cited as "Owasso Zoning VAN 19
and shall be codified an THIP I. `t no thp Ravicas n"Ai nanx.. v^= Tw�
Town of Owasso, Oklahoma.
FE'C'TIO',111 1510 CIAU-E
Thatq by reason of the present existance of conditions which threaten
the saf eta, , health and Property Of perpong in the vicinity of The Town
of Owarso, Oklahoma, and the peace a& welfare of tha general public
within said Towng an emergency is hereby declared to exist and this ordinance
shall be in full force and effect immediately foam and after its Pas-ageq
Apprcmalp and Publication.
byr Une Board of Trustees of The Town of Cwa8sov Oklahoma, this 7th day of
Aug ustp 1969.
EIARGLICY WAVE voted upon separately and passed by unanimous vote of the Board
of Truptees of The Town of Wasso, Okjahomap US 7th day of August, 1969,
APPRCNID ty the Fracident of the Board
of TruFtees of The
T n of Owasso, Oklahoma,,
this Wh day of August, 1969.
ichn R. Grothp
President
of the
Board
AITEFTs Inez H. So% Town Clerk
of Trustees
of The Town of
Owassop
Oklahomap
ATjrcvnd: M.S.Tamyer, ittorney for
The Town of Owasso.
Gayy D. Evans,
Fr.,
Board
Member,
joseph F. Rcssq
Board
21mbeq,
Boward E. Ramperp
Board
Member.
C E R T I F I C A T E
It the undersigned, the 021 elected and acting Qwn Clerk for The Town of
Wass o, Gklaha:a, do h e certify that the above and fc, egoing is a true, correct
and complete copy of Ordinance number 116 of The 7.',c:,-vm of Onarso, and the Masao
Zoning Code.
Ine.4 1 Q ;mq T o' -,-n C lerk
0% rEQ *
ORDINANCE NUMBER 116
AN ORDINANCE DESIGNED FOR THE PROTECTION OF HEALTH, SAFETY AND WELFARE OF
CITIZENS OF THE TOWN OF OWASSO, OKLAHOMA; COMPILING AND PROVIDING RULES AND
REGULATIONS RELATING TO AND AFFECTING TRAFFIC, BUILDING, UTILITIES AND FIRE
CONTROL AND PREVENTION, AND THE SUPERVISION THEREOF; ESTABLISHING A ZONING
CODE AND FOR THE CODIFICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF FLOOD
CONTROL AND FLOOD PLAIN REGULATIONS; PROVIDING RESTRICTIONS AND REGULATIONS
TO CONTROL DENSITY OF POPULATION, DENSITY AND LOCATION OF BUILDING STRUCTURES,
AND USE OF LAND; ESTABLISHING AND DEFINING USE UNITS,; PROVIDING FOR ENFORCEMENT
OF RULES, REGULATIONS AND RESTRICTIONS; DEFINING AND ESTABLISHING DUTIES
AND AUTHORITY OF BUILDING INSPECTOR, AND OF DEPARTMENTS, OFFICIALS AND EMPLOYEES
PURPOSE OF CONSTRUCION, ALTERATION, MOVING OR ADDING TO ANY BUILDING OR
STRUCTURE; PERTMITTING NONCOMFORMING USES OF LAND, SUBJECT TO QUALIFICATIONS
AND LIMITATIONS; PROVIDING FOR PAYMENT OF PERMITS FEES, AND FOR PEYMENT OF
OTHER COSTS AND EXPENSES RELATING TO REZONING; RPOVIDING PENALTIES FOR
VIOLATIONS; ESTABLISHING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND
AUTHORITY; PROVIDING RIGHT TO AND PROCEDUES FOR APPEALS; PROVIDING FOR AMENDMENETS
OF CODE AND REGULATIONS, AND REPEALS, DEFINING WORDS AND PHRASES AS USED
ON THE CODE; CONTANING A SEVERABILITY AND SAVING CLAUSE, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, STATE OF OKLAHOMA:
WHEREAS due and regular notice of a public hearing relating to the
passage of this ordinance and adoption of a comprehensive zoning plan and
subdivision regulations pertaining to land divisions within The Town of Owasso,
Oklahoma, has been fully givne, advertised and published in accordance and in
compliance with the laws of the State of Oklahoma, in such cases made and in
compliance with the laws of the state of Oklahoma, in such cases made and provided,
and
WHEREAS a public meeting and hearing washeld pursuant to said notice on
the 7th day of August, 1969, at the time and place stated in said notice,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUESTEES OF THE TOWN OF
OWASSO, STATE OF OKLAHOMA:
City Council
City of Owassoj
City Hall
Owasso, Oklahoma
Gentlemen�
LAW 00100
February 18, 1976
Oklahoma
74055
LEGAL OPINION 76-1
(&!_f22_PKQ=CAT1ON)
P. 0. BOX i 16
OWASSO, OKLAI-101NIA 74055
201"S
7"s following opinion is given pursuant to a letter
dated lansany 28, 1976 from Mike Elas, Owasso City Planner
to Mr. K 7. Williams. Owasso City Manager. The request
con=77Y P oroposef amendment to Section 2.05 of the Owasso
Subdiv�xlcn Regulations (Ordinance No. 116).
Briefly stated, Section 2.05 requires a developer to
dedicate or reserve, in subdivisions containing tan or more
acres, a tract of land eaual to 21% of the total area included
within the subdivision al suitable sites for schools, parks,
Playgrounds or other Public recreational areas or open spaces.
Although no Oklahoma cases bear directly on the validity of
Section 2.0, there are cases from other jurisdictions which
tend to uphold the right of a city, under its general zoning
powers, to impose such a requirement an developers. The
Proposed amendmert would allow the City, if it rejected a
proposed dedication, to have the option of requiring the
developer to place in an escrow account for the purchase and/or
improvement of Paris and open spaces a cash sum not less than
21% of the total vaLuation of the subdivision on a per acre
basis. The total amount of money required of the developer,
in lieu of the fedication of land itself, would be arrived at
by utilization of a formula. Again, there are no Oklahoma
cases dealing with either the regulation as it now exits, or
the Proposcf onendment.
City Council of the
MY of Owasso, Oklahoma
Taqe Number Two February 18, 1976
Since no legal precedents are available, 1 feel 1 must
advise the City on the basis of my
e knowledge Of Municipal la w ,
th City Charter. and the Laws of the State of Oklahoma, if
the CitY Of Owasso adopts the proposed amendment, the Plannin�,,,
Commission should divide development acreage within its juris-
diction int&Ocual-sized tracts (One mile squares, for instance).
Money paiC by lavelopers under the proposed amendment to the
subdivision regulatiOns would then he used exclusively within
that geographical area. although the funds need not be used
in any particular subdivision within that geographical area.
This MrOach wool! provide justification for the ordinance
in that funds provided by the formula wouI6 he utilized in
the orderly develooment of the City as a whole,
the City nqa±n,t , i would caution
rcating a common "sluph fund" into which all
funds ganeratm by the formula Would poor. A common fond, from
which mcw�Y was funneled into a particular oroject far removed
from the area in which development was taking Place, could lead
to the allegation that the subdivision rQuiation was arbitrazy
and capr -jous ant not designed to promote the orderly growth
of the commority as , h,I,,
Zn =Pclusion, the or000sed amendment to the subdivision
regulation oroviding for cash in lieu of land dedication would
he more likely to gain Court approval in a test case if the
formula was tice to the OrVerly development of the entire
community and not merely a separate source Of City revenue,
exnenlable in a haphazard manner, Careful review of the attached
letter is urged.
Respectfully submitted,
A. W. Van Dall
CitY Attorney
WW'! : s
Attachment
Citv Council
CAY of Owassoi
City Hall
Owasso, Oklahoma
Gentlemenz
, T -
LANN,7
February 18, 1976
Oklahoma,
74055
LEGAL OPINION 76-1
NOT FOR PUBLICATION)
P. O. ,30X 1I6
OWASSO, OKLAHOMA 7405S
272030',
The following opinion is given pursuant tc a letter
dated jannFry 28, 1976 from Mike Elms, Owasso City Planner
to Mr. M, E Williams, Owasso City Manager. The request
concerns a oroposee amendment to Section 2.05 of the Owasso
Subdivision Regulations (Ordinance No, 116)_
Briefly statel. Section 2.05 reauires a developer to
dedicate or reser,,, in subdivisions containing ten or more
acres, a tract of land equal to 21% of the total area included
within the subdivision as suitable sites for schools, parks,
playgrounds or other Public recreational areas or open spaces.
Although no Cklahoma cases bear directly on the validity of
Section 2.C5, there are cases from other jurisdictions which
tend to uphold the right of a cit, , under its general zoning
powers, to impose such a requirement on developers. The
proposed amendmert would allow the Cit,, if it rejected a
proposed dedication, to have the option of requiring the
developer to place in an escrow account for the purchase arf/or
improvement of parks and open spaces a cash sum not less than
2k% of the tOtal valuation of the subdivision on a per acre
basis. The total amount of money required of the developer,
in lieu of the dedication of land itself, would be arrived at
by utilization of a formula. Again, there are no Oklahoma
cases dealins with either the regalation as it now exits, or
the propose? vTendmen-'-'---.
PROOF OF PUBLICATION OWASSO RE= PORTEh it "day, august, 1969
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn, upon
oath deposes and says that he is the publisher of the
Owa,sso Reporter
a newspaper
printed in the English language, in the City of
Owasso ......... Tulsa County, Oklahoma,
having * a* bona 'fi'd*e * paid general circulation therein, and
with entrance into the United States mail as second class
mail matter in Tulsa County and published in said county
where delivered to the United States mail, and that the notice
by publication, a copy of which is hereto attached, was
published in said newspaper for four .........
consecutive weeks, the first publication being on the
1. 7 t1l
. . . . . . ............... day of ........
19 and the last day of publication being on the
7 ................ day of m ni;p.t .......
19 . ., and that said newspaper has been continuously
and uninterruptedly published in said county during the
period of more than One Hundred and Four (104) weeks
consecutively, prior to the first publication of said notice,
or advertisement, as required by Section one, Chapter
four, Title 25 Oklahoma Session Laws, 1943, as amended
by House Bill No. 495, 22nd Legislature, and thereafter,
and complies with all of the prescriptions and require-
ments of the laws of Oklahoma. (The advertisement above
referred to is a true and printed copy' Said notice was
published in all "bditions of saik newspaper and not a
supplement thereoO
% .
Subscribed and sworn to before me by Bill R. Retherford,
publisher of the q'T' a,'S.So. F.e.'zr,'rt;�r ...........
8 t h St
this day of A� ............ 19 .
,Notary* Public.
My commission expires .83:-.2 b - 70 .........
PUBLISHER'S FEE
Published inlh�6 Owasso Re-
porter, Owasso, Tulsa County,
Oklahoma, July 3117, 24, 31
and August 7, 1969w
notice of public hear-
irg
TO. All Parties and 'Citizens
of The Town of Owasso, Okla-
homa. TAKE INOTICEthatthe
Board of Trustees of The
Towzi of Owasso, Oklahoma,
will, on the 7th day of August,
19695 at the hour of 7.30
o'clock, P.M., of said day,
hold a public hearing at the
Town Hall at 34-38 South Main
Street, iii Owasso, Oklahoma,
for the purpose of consider-
ing and adoptingan ordinance
dividing The Town of Owasso
into Districts to be zoned to
regulate and restrict the
erection, construction, re-
construction, alteration, re-
pair or use of buildings, struc-
tures or land, a-rid provide
such regulations and restrfc-
tions of and the boundaries of
such distric' s to be es-
tablished and enforced, and
for subsequent amendments,
supplements and changes, and
for the adoption of a master
comprehensive plan thereof
for The Town ol Owasso, Okla-
homa, at whiell time andplace
all parties in interest and
citizens will have an op-
portunity to be heardinre-
lation thereto and make sug-
gestions concerning same.
Dated this 15th day of July,
1969,
Joseph F. Ross
President Pro Tem of the
Board of Trustees of The
Town of Owasso, Oklahoma
Inez H. Odom, Town Clerk
(SEAL' )
Fit
Gl