HomeMy WebLinkAbout978_Re Adopting Zoning Code_BOA Amendments for SUPTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 978
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A PART OF
PART 12, CHAPTER 2, ZONING REGULATIONS: TO -WIT: CHAPTER 1, TITLE, PURPOSES,
INTERPRETATION, AND JURISDICTION; AND CHAPTER 2, GENERAL PROVISIONS; AND
CHAPTER 3, AGRICULTURE DISTRICT PROVISIONS; AND CHAPTER 4, RESIDENTIAL DISTRICT
PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT PROVISIONS; AND CHAPTER 6,
COMMERCIAL DISTRICT PROVISIONS; AND CHAPTER 7, INDUSTRIAL DISTRICT PROVISIONS;
AND CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9,
OFF - STREET PARKING REQUIREMENTS; AND CHAPTER 10, NONCONFORMITIES; AND
CHAPTER 11, ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13,
AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15 TELECOMMUNICATION
TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD
REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND
CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED
COMMUNITIES; AND APPENDIX A, OWASSO PLANNING COMMISSION BYLAWS; AND
APPENDIX B, OWASSO BOARD OF ADJUSTMENT BYLAWS; AND REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empower the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances
carrying out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the
purpose of said acts and of promoting the health, safety and general welfare of the
community to enact an ordinance regulating the zoning of land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which shall
review all proposed Owasso Zoning Code amendments; and
WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing
relating to the adoption of this Zoning Code and conducted said public hearing on
February 7, 2011; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this
ordinance have been met;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA:
SECTION ONE (1): That there is hereby adopted by the City Council of the City of
Owasso, Oklahoma, for the purposes of promoting the health, safety, and general
welfare; and to encourage the development of the community in accordance with the
adopted Land Use Master Plan; a Zoning Code known as the Zoning Code of the City of
Owasso, Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and
Jurisdiction; and Chapter 2, General Provisions; and Chapter 3, Agriculture District
Provisions; and Chapter 4, Residential District Provisions; and Chapter 5, Office District
Provisions; and Chapter 6, Commercial District Provisions; and Chapter 7, Industrial District
Provisions; and Chapter 8, Planned Unit Developments and Overlay Districts; and
Chapter 9, Off - Street Parking Requirements; and Chapter 10, Nonconformities' and
Chapter 11, Enforcement; and Chapter 12, Board of Adjustment; and Chapter 13,
Amendments; and Chapter 14, Definitions; and Chapter 15, Telecommunication Towers;
and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and
Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping
Requirements; and Chapter 21, Access Gates for Gated Communities; and Appendix A,
Owasso Planning Commission Bylaws; and Appendix B, Owasso Board of Adjustment
Bylaws; and the whole thereof, and the same are hereby adopted and incorporated as
full as if set out at length herein and from and after the effective date of this Ordinance
and all provisions thereof, shall be controlling, as set out therein within the corporate limits
of the City. That said Zoning Code is hereby adopted as Chapters 1 -21 and Appendices
"A" and "B" of Part 12, Chapter 2, Zoning Regulations, of the Code of the City of Owasso,
Oklahoma.
SECTION TWO (2): Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the
extent of the conflict only.
SECTION THREE (3): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion
shall not be affected but remain in full force and effect.
SECTION FOUR (4): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION FIVE (5): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance
to be codified in Part 12, Chapter 2, Zoning Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th da of
February, 2011.
ATTEST:
Bonebrake, Mayor
OFFICIAL
SEAL
Sherry Bis , City Clerk
(S E A L)
APPROVED as to form:
julie Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 978
PUBLICATION DATE(S)
02/25/11
CASE NUMBER: ORD NO. 978
AD NUMBER: 00119335
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
tative Signature
Subscribed to and sworn to me this 26th day of February, 2011
Notary Public
NANCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2014
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 158.20
119335
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, February 25, 2011.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 978
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A
PART OF PART 12, CHAPTER 2, ZONING REGULATIONS: TO -WIT: CHAPTER 1, TITLE,
PURPOSES, INTERPRETATION, AND JURISDICTION; AND CHAPTER 2, GENERAL
PROVISIONS; AND CHAPTER 3, AGRICULTURE DISTRICT PROVISIONS; AND CHAP-
TER 4, RESIDENTIAL DISTRICT PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT
PROVISIONS; AND CHAPTER 6, COMMERCIAL DISTRICT PROVISIONS; AND CHAP-
TER 7, INDUSTRIAL DISTRICT PROVISIONS; AND CHAPTER 8, PLANNED UNIT
DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9, OFF- STREET PARK-
ING REQUIREMENTS; AND CHAPTER 10, NONCONFORMITIES; AND CHAPTER 11,
ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13,
AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15TELECOMMUNI-
CATION TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17,
FLOOD HAZARD REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUT-
DOOR LIGHTING; AND CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAP-
TER 21, ACCESS GATES FOR GATED COMMUNITIES; AND APPENDIX A, OWASSO
PLANNING COMMISSION BYLAWS; AND APPENDIX B, OWASSO BOARD OF ADJUST-
MENT BYLAWS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 at seq. empower the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying
out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary forthe carrying out of the purpose
of said acts and of promoting the health, safety and general welfare of the community to
enact an ordinance regulating the zoning of land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which shall
review all proposed Owasso Zoning Code amendments; and
WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing
relating to the adoption of this Zoning Code and conducted said public hearing on February
7, 2011; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this ordi-
nance have been met;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA:
SECTION ONE (1): That there is hereby adopted by the City Council of the City of Owasso,
Oklahoma, for the purposes of promoting the health, safety, and general welfare; and to
encourage the development of the community in accordance with the adopted Land Use
Master Plan; a Zoning Code known as the Zoning Code of the City of Owasso, Oklahoma,
containing: Chapter 1, Title, Purposes, Interpretation, and Jurisdiction; and Chapter 2,
General Provisions; and Chapter 3, Agriculture District Provisions; and Chapter 4,
Residential District Provisions; and Chapter 5, Office District Provisions; and Chapter 6,
Commercial District Provisions; and Chapter 7, Industrial District Provisions; and Chapter 8,
Planned Unit Developments and Overlay Districts; and Chapter 9, Off - Street Parking
Requirements; and Chapter 10, Nonconformities; and Chapter 11, Enforcement; and
Chapter 12, Board of Adjustment; and Chapter 13, Amendments; and Chapter 14,
Definitions; and Chapter 15, Telecommunication Towers; and Chapter 16, Fencing
Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and
Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21,
Access Gates for Gated Communities; and Appendix A, Owasso Planning Commission
Bylaws; and Appendix B, Owasso Board of Adjustment Bylaws; and the whole thereof, and
the same are hereby adopted and incorporated as full as if set out at length herein and from
and after the effective date of this Ordinance and all provisions thereof, shall be controlling,
as set out therein within the corporate limits of the City. That said Zoning Code is hereby
adopted as Chapters 1 -21 and Appendices "A" and "B" of Part 12, Chapter 2, Zoning
Regulations, of the Code of the City of Owasso, Oklahoma.
SECTION TWO (2): Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent
of the conflict only.
SECTION THREE (3): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall
not be affected but remain in full force and effect.
SECTION FOUR (4): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to
be codified in Part 12, Chapter 2, Zoning Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of February,
2011:
/s/ Doug Bonebrake, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED as to form: /s/ Julie Lombardi, City Attorney
The City Wit apt Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Change of the Special Exception Review Process
Proposed Ordinance Adopting Zoning Code by Reference
DATE: February 11, 2011
BACKGROUND:
Over the last few months, staff introduced the idea of taking Special Exception uses, currently
being heard by the Board of Adjustment (BOA), to the Planning Commission as Specific Use
Permits. The Community Development Department currently allows certain uses believed to
have unique or widely varying operating characteristics or unusual site development features to
be permitted in base zoning districts as Special Exceptions, as opposed to those permitted "by-
right". Currently, these Special Exception uses are approved or denied by the BOA rather than
the Planning Commission. Once a decision is rendered by the BOA, no further action is taken by
any public body on the item and the applicant may submit a site plan and subsequent building
permit.
As noted at the January 11, 2011 Work Session, Owasso's current method of handling Special
Exception uses is problematic for several reasons. First, the BOA is a quasi - judicial board that
does not operate under the authority of the City Council. Second, because the BOA is quasi -
judicial, any appeals, whether from the applicant or citizens, may be disputed in District Court.
For this reason, staff believes it is in the best interest of the City to require some of the uses
currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits ".
Specific Use Permit applications would be considered by the Planning Commission and the City
Council, which would serve as a check and balance system. This would be beneficial given that
the staff and the Planning Commission can require additional measures be taken to ensure the
proposed use is of high quality and designed appropriately. Also, with a Specific Use Permit, the
City Council would hear and approve or deny the item at their regularly scheduled meetings,
thus ensuring a well reviewed application.
PREVIOUS ACTION:
At the January 11, 2011 and February 8, 2011 City Council Work Sessions, staff provided members
of the City Council with proposed text amendments to the Zoning Code.
These proposed amendments were also discussed at the January meeting of the Owasso
Planning Commission, and were formally presented at the Commission's February 7, 2011
Regular Meeting, with time provided for the public to make comments regarding the proposal;
no objections were expressed. The Planning Commission has provided a report to the City
Council and is recommending City Council approval of the proposed amendments through re-
adoption of the Owasso Zoning Code.
PROPOSED ACTION:
Staff recommends City Council approval of Ordinance No. 978, adopting by reference, the
Owasso Zoning Code, as a part of Part 12, Chapter 2, Zoning Regulations.
ATTACHMENTS:
A. Planning Commission Report
B. Ordinance No. 978
The Cii u Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: The Owasso Planning Commission
SUBJECT: Report from Planning Commission regarding a Text Amendment
DATE: February 1], 2011
BACKGROUND:
On February 7, 2011 the Owasso Planning Commission unanimously approved staff's
recommendation of a text amendment to the Owasso zoning code that changes the approval
process of use related Special Exceptions. The text amendment proposes to shift the review
process of use related special exceptions to the Planning Commission, with ultimate approval by
the City Council, and to change the name of these uses to Specific Use Permits (SUP). The
proposed amendments affect the following Chapters of the Owasso Zoning Code: 3, 4, 5, 6, 7,
12, 13, 14, 15, and 17.
RECOMMENDATION:
The Planning Commission recommends City Council approval of the proposed amendments to
the Owasso Zoning Code relating to the special exception process.
CC:
Charles Brown, Owasso Planning Commission
Mark Callery, Owasso Planning Commission
Marilyn Hinkle, Owasso Planning Commission
Paul Loving, Owasso Planning Commission
David Vines, Owasso Planning Commission