A. Applicability: This section covers applications to amend the text of this title, and the zoning map.
B. Applications To Amend The Text Of This Title:
1. Purpose: The purpose of text amendments is not to relieve particular hardships, nor to confer special privileges or rights on any person, but rather to make adjustments to the text of this title that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the City.
2. Applicability: Any amendments to the text of this title shall be processed in accordance with this section. Only the City Council may, after recommendation of the Planning Commission, adopt an ordinance amending the text of this title in accordance with the requirements of this section.
3. Procedure: The common development review procedures of section 10-6-2 of this chapter shall apply, with modifications as noted below.
a. Step 1: Pre-Application Conference: Not applicable.
b. Step 2: Development Application Submittal: Applicable.
c. Step 3: Determination Of Application Completeness: Applicable.
d. Step 4: Notice: Applicable. Published notice required.
e. Step 5: Staff Report: Applicable.
f. Step 6: Public Hearing: Applicable. If desired, text amendments can be considered at a scheduled joint public hearing of the Planning Commission and the City Council.
g. Step 7: Decision And Findings: Applicable. The following additional procedures shall apply:
(1) Planning Commission Review And Recommendation:
(A) After conducting the public hearing, the Planning Commission shall make a recommendation to the City Council to approve or deny the text amendment based on the applicable standards of this section.
(B) If no recommendation is made within thirty (30) days of the public hearing, then the Planning Commission may request an extension of time from the City Council. If no recommendation is made and no extension is granted, then the City Council may act on the proposed amendment without a recommendation from the Planning Commission.
(2) City Council Action: After reviewing the reports and recommendations of the City Administrator and the Planning Commission, the City Council shall vote to approve, approve with amendments, or deny the proposed amendment, based on the applicable standards of this section. The City Council also may refer the proposed amendment back to the Planning Commission for further consideration. Amendments to the text of this title shall be approved in the form of ordinances.
(3) Alternative Review Procedure: Notwithstanding the procedure set forth above, where the City Council determines by a majority vote that the public health, safety, or welfare necessitates, text amendments may be considered at any regularly scheduled meeting of the City Council. In such cases, the Council shall hold a public hearing on the proposed amendment, and shall request a recommendation from the Planning Commission prior to making a decision on the amendment.
(4) Protests: Any owner of property affected by a proposed amendment may protest the amendment pursuant to the statutory requirements of 11 Oklahoma Statutes section 43-105.
(5) Records Of Amendments: A record of amendments to the text of this title in a form convenient for the use of the public shall be maintained in the Office of the City Clerk.
(6) Subsequent Applications: Following denial of a text amendment request, the City Council shall not decide on applications for the same or substantially the same amendment within one year of the date of denial. The waiting period required by this section may be waived in an individual case, for good cause shown, by the affirmative vote of three-fourths (3/4) of the members of the City Council.
h. Step 8: Approval Criteria: Applicable, as follows: Recommendations and decisions on text amendments may be approved if the City Council finds that all of the following approval criteria have been met:
(1) The proposed amendment will promote the public health, safety, and general welfare;
(2) The proposed amendment is consistent with the stated purposes of this title; and
(3) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
i. Step 9: Conditions Of Approval: Not applicable.
j. Step 10: Amendments: Not applicable.
k. Step 11: Lapse: Not applicable.
C. Applications To Amend The Zoning Map (Rezonings):
1. Purpose: The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. Upon approval of a rezoning by the City Council, the zoning map will be updated to reflect the approval.
2. Procedure: The common development review procedures of section 10-6-2 of this chapter shall apply, with modifications as noted below.
a. Step 1: Pre-Application Conference: Pre-application conferences are recommended for rezoning applications.
b. Step 2: Development Application Submittal: Applicable. The Planning Commission or the City Council also may initiate a rezoning. However, the City Council may not initiate a rezoning without first allowing study and hearing by the Planning Commission.
c. Step 3: Determination Of Application Completeness: Applicable.
d. Step 4: Notice: Published, written, and posted notice required.
e. Step 5: Staff Report: Applicable.
f. Step 6: Public Hearings: Applicable. The first hearing shall be held by the Planning Commission, and the second hearing shall be held by the City Council.
g. Step 7: Decision And Findings: Applicable. The following additional procedures shall apply:
(1) Review And Recommendation By Planning Commission:
(A) The Planning Commission shall hold a public hearing on the proposed rezoning and, based on the approval criteria in step 9 below, vote to recommend that the City Council approve, approve with modifications, or deny the rezoning.
(B) The City Administrator shall forward the commission's recommendation to the City Council. The case shall be heard at the second Council meeting following the Planning Commission hearing.
(C) If the Planning Commission recommends that the City Council deny a rezoning, that action is final unless, within fifteen (15) days of the commission's action, the applicant files a written request with the City Administrator for a hearing by the City Council.
(2) Action By City Council: The City Council shall hold a public hearing on the proposed rezoning and within ninety (90) days after the conclusion of the hearing, based upon the recommendations of the City Administrator and Planning Commission, approve or deny the rezoning, or refer the application back to the Planning Commission or to a committee of the City Council for further consideration.
(3) Protests: Any owner of property affected by a proposed amendment may protest the amendment pursuant to the statutory requirements of 11 Oklahoma Statutes section 43-105.
(4) Form Of Amending Ordinance: If a rezoning application is approved, an ordinance shall be drafted effectuating the rezoning. An ordinance amending the zoning map shall contain the following:
(A) The name of each use district which the ordinance applies; and
(B) The legal description of the land within each zoning district applied by the ordinance.
(5) Successive Applications: Following denial of an amendment proposal, no new application for the same or substantially the same action shall be accepted by the City within one year of the date of City Council denial, unless denial is made without prejudice.
(6) Platting Requirements:
(A) All land that has been rezoned shall be platted in accordance with the requirements of the Marlow subdivision ordinance in order to provide for the proper arrangement of streets, assure the adequacy of open space for traffic, provide for utilities, and allow access of emergency vehicles. No map amendment for a zoning change, nor the ordinance proclaiming this change, may be approved by the City Council until the property has been platted in accordance with the subdivision ordinance. However, the City Council may waive the platting requirement in those instances in which nothing would be accomplished through enforcement of the platting requirement, such as in those instances in which the land is included within the existing plat of record that adequately provides for the necessary public features, or where these public features have been previously provided by other instruments.
(B) A building permit shall not be granted upon any land that has been rezoned, but which land has not been platted following the rezoning in accordance with the subdivision ordinance. However, the City Administrator may authorize the issuance of a building permit in those instances in which the public needs have already been met, such as lands that have been previously platted in a manner adequate in providing the necessary public features.
h. Step 8: Approval Criteria: Applicable, as follows: The City Council may approve rezonings, and the Planning Commission may recommend approval, if the rezoning meets all of the following criteria:
(1) The rezoning will promote the public health, safety, and general welfare;
(2) The rezoning is consistent with the purposes of this title;
(3) The rezoning is consistent with the stated purpose of the proposed zoning district;
(4) The rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and
(5) Future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract.
i. Step 9: Conditions Of Approval: Applicable.
j. Step 10: Amendments: Not applicable.
k. Step 11: Lapse: Not applicable. (Ord. 420, 12-18-2017)