Empathy List Archives

JW

Joe Weaver

Mon, Dec 30, 2019 4:25 PM

Greetings:

Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances.

Is the property owner in violation of the height restrictions for C-A/R zoning?

Thanks.

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D5BEF9.AB2A7C00]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Greetings: Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances. Is the property owner in violation of the height restrictions for C-A/R zoning? Thanks. -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D5BEF9.AB2A7C00] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

MR

Michael R. Vanderburg

Mon, Dec 30, 2019 5:15 PM

I can be difficult to say based on a summary this brief, but relying on the language given, it seems to me that the key phrase is "the use of which requires permanent location on the ground". This seems to be a piece of equipment that is moved repeatedly from place to place and therefore does not qualify.

Granted the language "or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas" gives me some problems, since a number of drilling locations may have permanent equipment pads and are in the process of constructing a permanent piping system, but as these are either below service or precisely on the surface similar to sidewalks, this seems to be an "improvement area" and thus excluded from the definition.

Feel free to disagree, but that is my take on the situation.

Mike Vanderburg
Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Joe Weaver
Sent: Monday, December 30, 2019 10:25 AM
To: oama@lists.imla.org
Subject: [Oama] Zoning - Height Regulations

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Greetings:

Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances.

Is the property owner in violation of the height restrictions for C-A/R zoning?

Thanks.

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D5BF02.8039A940]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

I can be difficult to say based on a summary this brief, but relying on the language given, it seems to me that the key phrase is "the use of which requires permanent location on the ground". This seems to be a piece of equipment that is moved repeatedly from place to place and therefore does not qualify. Granted the language "or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas" gives me some problems, since a number of drilling locations may have permanent equipment pads and are in the process of constructing a permanent piping system, but as these are either below service or precisely on the surface similar to sidewalks, this seems to be an "improvement area" and thus excluded from the definition. Feel free to disagree, but that is my take on the situation. Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Joe Weaver Sent: Monday, December 30, 2019 10:25 AM To: oama@lists.imla.org Subject: [Oama] Zoning - Height Regulations CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Greetings: Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances. Is the property owner in violation of the height restrictions for C-A/R zoning? Thanks. -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D5BF02.8039A940] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

BJ

Beech, Johnny

Mon, Dec 30, 2019 7:47 PM

You probably would be safer to amend your ordinance to address the issue. I don't think it applies as written.

Johnny Beech Attorney
Spencer Fane LLP

9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.com mailto:jbeech@spencerfane.com | spencerfane.comhttp://www.spencerfane.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Monday, December 30, 2019 11:16 AM
To: 'Joe Weaver' jweaver@basslaw.net; oama@lists.imla.org
Subject: Re: [Oama] Zoning - Height Regulations

I can be difficult to say based on a summary this brief, but relying on the language given, it seems to me that the key phrase is "the use of which requires permanent location on the ground". This seems to be a piece of equipment that is moved repeatedly from place to place and therefore does not qualify.

Granted the language "or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas" gives me some problems, since a number of drilling locations may have permanent equipment pads and are in the process of constructing a permanent piping system, but as these are either below service or precisely on the surface similar to sidewalks, this seems to be an "improvement area" and thus excluded from the definition.

Feel free to disagree, but that is my take on the situation.

Mike Vanderburg
Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Joe Weaver
Sent: Monday, December 30, 2019 10:25 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Zoning - Height Regulations

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Greetings:

Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances.

Is the property owner in violation of the height restrictions for C-A/R zoning?

Thanks.

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D5BF17.8B38DBD0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

You probably would be safer to amend your ordinance to address the issue. I don't think it applies as written. Johnny Beech Attorney Spencer Fane LLP ________________________________ 9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114 O 405.844.9900 jbeech@spencerfane.com<mailto:jbeech@spencerfane.com> | spencerfane.com<http://www.spencerfane.com/> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg Sent: Monday, December 30, 2019 11:16 AM To: 'Joe Weaver' <jweaver@basslaw.net>; oama@lists.imla.org Subject: Re: [Oama] Zoning - Height Regulations I can be difficult to say based on a summary this brief, but relying on the language given, it seems to me that the key phrase is "the use of which requires permanent location on the ground". This seems to be a piece of equipment that is moved repeatedly from place to place and therefore does not qualify. Granted the language "or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas" gives me some problems, since a number of drilling locations may have permanent equipment pads and are in the process of constructing a permanent piping system, but as these are either below service or precisely on the surface similar to sidewalks, this seems to be an "improvement area" and thus excluded from the definition. Feel free to disagree, but that is my take on the situation. Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Joe Weaver Sent: Monday, December 30, 2019 10:25 AM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Zoning - Height Regulations CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Greetings: Any insight you can provide on the following scenario will be appreciated. A company is storing oil and gas drilling rigs on its property located in city limits. The property is zoned C-A/R which restricts improvements and structures to a maximum height of 35'. The drilling rigs exceed 35'. "Structure" is defined in City ordinances as "Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas". The drilling rigs are temporarily stored on the property as they are moved on and off the property as needed by oil companies. "Improvement" is not defined in the ordinances. Is the property owner in violation of the height restrictions for C-A/R zoning? Thanks. -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D5BF17.8B38DBD0] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.