A. Application Requirements.
1. Prior to submitting an application, the applicant shall meet with City staff and conduct one or more Technical Advisory Committee (TAC) conferences. Minutes of a TAC conference shall be taken by the City, provided to the applicant, and become a permanent part of the application, should an application be filed, or in the official records of the City Planner if an application is not filed.
2. An amendment to the Official Zoning Map shall be initiated by the filing of an application and application fee with the City Planner.
3. Through a registered bonded abstract company or a licensed title insurance company, the applicant shall submit to the City Planner a list of property owners and their mailing addresses, within a 300 foot radius of the outer boundaries of the subject property, as well as addressed adhesive envelope labels for all such property owners.
4. The administrative costs of mailed notice, publication and notification signs shall be paid by the applicant.
5. An application, once determined to be complete by the City Planner, shall be set for public hearing by the City Clerk or City Planner, as appropriate.
B. Notice Requirements.
1. The City shall use the list of property owners and address labels provided by the applicant to notify such property owners of the required public hearing, by mail, in the manner required by 11 Oklahoma Statutes Section 43-106, for public hearings requesting a zoning change. The applicant shall be responsible for all administrative costs associated with postage and the mailing of notice.
2. The City shall publish legal notice of the required public hearing in a newspaper of general circulation in the City not less than 20 days, nor more than 30 days, prior to the public hearing. Publication arrangements will be made by the City.
3. Rezoning notice signs shall be posted on the subject property by the City. The signs shall include the current and proposed zoning of the property, the identity of the property owner, the date of the public hearings, and the City Planner contact information, and shall be posted at least 20 days prior to the initial public hearing.
4. Written notice of the public hearings to consider the rezoning shall be mailed not less than 20 days prior to the initial public hearing to all owners of property within a 300 foot radius of the outer boundaries of the subject property. The notice shall contain:
a. The date, time, and place of public hearing.
b. The legal description of the property and the street address or approximate location of the property.
c. The present zoning district classification of the property and the proposed zoning district classification.
d. City Planner contact information.
C. Procedural Requirements. In accordance with Title 11, Oklahoma Statutes, Sections 43-113, 43-114, 45-106 and 43-109.1, the requirements set out below govern the rezoning process:
1. Planning Commission Action. The Planning Commission, after conducting a public hearing, receiving the comments from TAC, if applicable, the recommendation of the City Planner, and any public comments, shall make a recommendation to the City Council to approve, conditionally approve, or deny the application.
2. City Council Action. The City Council, after conducting a public hearing, receiving the recommendation of the Commission and City Planner, TAC comments, if applicable, and public comments, shall take action to approve, conditionally approve, or deny the application.
3. Super Majority Required. In the event of a protest against the zoning change filed with the City Clerk at least three days prior to the public hearing by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than 300 feet wide, the rezoning application may not be approved except by the favorable vote of three-fifths (3/5) of all members of the City Council.
4. Application Amendment. During the course of the rezoning process, the applicant, or the Planning Commission or City Council, may determine the requested rezoning should be amended to a less intensive zoning classification. Following are the parameters for such a modification that will not automatically require new notice:
a. Notice of a proposed RM-2 rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon RM-1, RD, RS-3, RS-2, RS-1, and RE, or any combination thereof.
b. Notice of a proposed CG rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CG, CS, OM, and OL or combination thereof, in the disposition of the application, and in like manner, notice of any proposed C rezoning shall confer jurisdiction to consider any less intensive C and O districts.
c. Notice of a proposed IH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon IM, IL, or combination thereof, in the disposition of the application, and in like manner, notice of any proposed I rezoning shall confer jurisdiction to consider any less intensive I district.
d. Notice for proposed rezoning shall confer jurisdiction on the Planning Commission and City Council to consider less intensive alternatives in all use groups, those being single-family residential, multi-family residential, office, commercial, and industrial. Proposed rezoning to the RMH and PUD districts shall confer no latitude with respect to notice. (Ord. 746, 11-14-2017)