A. Applicability: No land shall be developed, redeveloped, expanded, reconstructed or improved except in accordance with the applicable provisions of this chapter. All the following are considered "development" that is subject to the applicable requirements of this chapter:
1. The use of any building, structure, or land, which includes the establishment of a new use or uses; changes in use; building construction, reconstruction or improvement; building or site expansions; and/or any material change(s) to the functional or operational characteristics of an existing use or uses.
2. Any division of land for land development and/or a transaction of sale or lease, whether by subdivision, a metes and bounds division by separate instrument, or any other land division or subdivision.
B. Access Permit Required: No person shall develop, redevelop, expand, reconstruct or improve a parcel without first obtaining an access permit from the city. An applicant shall submit to the city an application and an access construction plan, which shall accurately describe the location of the proposed access connection pursuant to the specifications required by this chapter and all other standards and requirements of the city.
C. Timing Of Compliance With This Chapter:
1. Any new development, redevelopment, expansion, reconstruction, or improvement of existing buildings or sites, and/or division or subdivision of land that occurs after the adoption date of this chapter shall comply with the standards and requirements of this chapter.
2. Properties with access drives that were constructed prior to the adoption date of this chapter and that do not meet the standards and requirements of this chapter shall, to the greatest possible extent, conform to the provisions of this chapter when any of the following apply:
a. Modifications or improvements are made to the collector street or principal or minor arterial street adjacent to the property; or
b. Modifications or improvements are made to the property that would require any of the following:
(1) An access permit is required by the city (see subsection 9-2-6A, "Permit Required; Fee", of this code);
(2) A driveway agreement is required by the Oklahoma department of transportation (ODOT);
(3) Site plan review is required (see section 11-17-3, "Site Plans", of this title);
(4) Land subdivision is required (see title 12, "Subdivision Regulations", of this code);
(5) A building permit is required;
(6) A traffic impact assessment (TIA) is required (see section 11-15-18, "Traffic Impact Assessment (TIA)", of this chapter); or
c. A site experiences the lesser of a twenty percent (20%) increase in peak hour trips or an increase of one hundred (100) vehicles per peak hour, as determined by one of the following methods:
(1) A traffic study conducted on behalf of the property owner or agent;
(2) An estimation of peak hour trip volume that is based on the latest published edition of the Institute Of Traffic Engineers (ITE) "Trip Generation" manual; or
(3) Actual trip counts conducted during the peak hour of a typical weekday.
D. Nonconformity: If the principal activity on a parcel with access connections that do not meet the regulatory provisions of this chapter is discontinued for a period of one year or more, then upon establishment or reestablishment of any use or uses, the parcel must comply with all applicable standards and requirements of this chapter. (Ord. 6124, 6-28-2010)