(A) Application. Any person, firm or corporation residing within, or owning any property within, the city may petition the City Council for a change or amendment to the provisions of this chapter or Official Zoning District Map and/or Future Land Use Map Designation, by obtaining, filling out and filing a formal application for rezoning or zoning ordinance amendment or land use amendment with the Planning and Community Development Department. The Planning Commission may also initiate administrative rezonings as described in this section.
(1) Pursuant to the Newcastle 2040 Comprehensive Plan and Future Land Use Map, Chapter 7—Implementation, minor amendments in conjunction with a rezoning request may be required. If the requested rezoning and use(s) deviate from the plan’s provisions and current land use designation, an amendment to the Future Land Use Designation must be made. The fee for a land use amendment shall be $75.
(B) Fee schedule. The fee for filing such application shall include mailing of written notice to property owners included in the required radius notification boundary, duplication costs, the review costs incurred by municipal personnel, and other administrative costs. In addition, each applicant must pay for the cost of publication of notification of their application in a newspaper of general circulation within the city. The fee for publication of notification of their application will be computed by the city utilizing the Oklahoma Press Association Legal Notice Guide. The city will review the publication of notice of application as to form and, if in appropriate form and upon collection of the fee for publication, will deliver the same to the newspaper for publication. The City Clerk may administratively increase the fees due to increases in the costs of mailing or publication, provided the City Council is notified of such increases within 30 days of the effective date of such increases and City Council ratifies the same. The fee schedule for such applications shall be as shown below.
(1) For rezoning applications to Agricultural, Estate and Single-Family Residential Districts:
Acreage | Cost |
0 - 5 acres | $200 |
5 - 10 acres | $250 |
10 - 50 acres | $300 |
50 acres or more | $350 |
(2) For rezoning applications to Multiple- Family Residential and Mobile Home Residential Districts:
Acreage | Cost |
0 - 5 acres | $225 |
5 - 10 acres | $300 |
10 - 50 acres | $350 |
50 acres or more | $400 |
(3) For rezoning applications to Commercial and Industrial Districts, except Planned Unit Development Districts:
Acreage | Cost |
0 - 5 acres | $275 |
5 - 10 acres | $350 |
10 - 50 acres | $400 |
50 acres or more | $500 |
(4) For Planned Unit Development District applications:
Acreage | Cost |
0 - 10 acres | $400 |
10 - 50 acres | $450 |
50 acres or more | $500 |
(5) For use on review and special permit applications:
(a) General. Same fee as application for rezoning, provided an application for special permit for a use permitted on review filed for concurrent hearing on a companion rezoning application shall be charged at 50% of the re-zoning fee in addition to the re-zoning fee.
(b) Salt water disposal.
1. Initial: $500; and
2. Renewal: $150.
(C) Public hearing required.
(1) Upon determination that all required elements of the application have been submitted and the application fee paid, the City Clerk shall notify the Municipal Building Inspector and the Chairperson of the Planning Commission and shall cause the application to be placed on the agenda for the next scheduled meeting of the Planning Commission.
(2) The Planning Commission shall consider all rezoning applications and zoning ordinance amendments at a public hearing, prior to making and submitting recommendations to the City Council.
(a) No rezoning, special permit for use permitted on review, amendment, change or supplement shall become effective until such public hearings have been held by the Planning Commission and the City Council, at which time parties in interest and other citizens shall have an opportunity to be heard.
(D) Notice. Notice of public hearings shall be given by the City Clerk as follows:
(1) Shall include the time and place of the hearing;
(2) Shall be given at least 15 days prior to the hearing by publication in the official newspaper of the city;
(3) Shall also be given by mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property, the radius to be extended by increments of 100 linear feet, until the list of property owners of separate parcels of land includes not less than 15 such individuals, or until a maximum radius of 1,000 feet has been reached. The notice shall be mailed not less than 20 days before the date set for hearing and the notice shall contain:
(a) Legal description of the property, and the street address or approximate location;
(b) Present zoning district classification of the property and the classification sought by the applicant;
(c) Date, time and place of the public hearing; and
(d) A location map (if required by state law).
(E) Protest, effect.
(1) In the event of a written protest against a proposed rezoning or request for amendment, filed not less than three days prior to the public hearing, by;
(2) The owners of 20% or more of the area of the lots included in such proposed change; or
(3) The owners of 50% or more of the area of the lots within the area of notice of the territory included in the proposed change, then such rezoning, change or amendment shall not become effective without the favorable vote of at least three members of the City Council.
(F) Ordinance required. All amendments, changes, supplements or rezonings shall become final and effective upon passage and publication of an ordinance indicating the amendment, change, supplement or rezoning. An ordinance of rezoning, or redistricting, shall be implemented by referencing a change to the Official Zoning Districts Map to reflect the change in classification of the subject property.
(G) Reapplication and continuances. Applications to change the district boundaries heard and decided by the City Council will not be set for hearing again within six months from the date of decision, and then only where the applicant can show material change in the surroundings or where new evidence which might affect the decision can be produced and then only upon a new application. An application that is heard by the Planning Commission but requested to be deferred prior to a decision by the City Council may be re-scheduled and heard any time within 12 months of the date of deferral, without filing a new application or paying a new filing fee. Any request for hearing on a deferred application which is not re-scheduled within 12 months from the date of deferral, shall lapse and be heard only after the filing of a new application and the paying of the required rezoning application fee.
(2002 Code, § 154.101) (Ord. 486, passed 5-12-2003; Ord. 556, passed 3-27-2006; Ord. 961, passed 2-12-2024; Ord. 973, passed 6-10-2024)