A. Initiated By Application:
1. Any person, corporation, partnership, association, or combination thereof, having a legal or equitable interest in or to real property, may file an application for a change in the zoning classification of such property by amendment of the zoning map. An application shall be filed with the planning commission, on forms and with content as the planning commission may provide, and shall be accompanied by payment of a One Hundred Fifty dollars ($150.00) fee. Cost of notice and posting of signs shall be billed to the applicant.
2. The application must be signed by the property owner, although any person with a legally recognized interest in the property may file and pursue the application.
3. An application shall also include a map of the area, and a certified statement from a bonded abstracter that lists the names and addresses of the owners of property within the area covered by the application, and also the property within a three hundred foot (300') radius of the area. The owners shall be determined by reference to the current year’s ad valorem tax rolls.
4. An application shall be filed with the planning commission at least thirty (30) days prior to the proposed date of public hearing.
B. Initiated By Planning Commission:
1. In any instance, the planning commission, upon its own motion may, or at the direction of the city council shall, hold a public hearing, giving notice thereof, of a proposed map amendment. After holding the public hearing, the planning commission shall within fifteen (15) days transmit its report and recommendation to the city council.
C. Published Notice Required:
1. The planning commission shall give notice of public hearing on any proposed zoning changes as follows:
a. At least fifteen (15) days’ notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the city of Okmulgee. Said notice shall include a map of the area to be affected that indicates street names or numbers, streams, or other significant landmarks in said area.
b. By posting of the affected property and by mailing a notice to the owners of real property located within a three hundred foot (300') radius of the affected property, all at least twenty (20) days before the date of the hearing. These notices shall state:
(1) The date, time, and place of public hearing; and
(2) The legal description, address and approximate location within the city; and
(3) The present and sought zoning classifications.
c. Provided that, if the city of Okmulgee proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography or other distinguishing features, including, but not limited to, floodplain, drainage, historic preservation and blighted areas, the notice required in subsection C1b of this section shall not be required and notice shall instead be by posting a sign on designated properties within the area affected by the proposed reclassification, stating:
(1) The date, time and place of the public hearing; and
(2) Who will conduct the public hearing; and
(3) The existing zoning classification; and
(4) The desired zoning classification; and
(5) The proposed use of the property; and
(6) Other information as may be necessary to provide adequate and timely public notice.
2. Notice of rezoning shall confer jurisdiction to grant the zoning district applied for, or any less dense zoning in the same category, but not a classification in any different category. The categories of zoning districts are residential, office, commercial, or industrial. Any application applied for shall also confer jurisdiction to grant a floodplain designation. However specific notice of a proposed AG or HP district shall be required to confer jurisdiction by the planning commission and city council to consider such AG or HP district.
D. Planning Commission Action On Zoning Map Amendments: After completion of the public hearing, the planning commission shall:
1. Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or
2. Recommend to the city council that the application be denied.
3. Transmit the report and recommendation of the planning commission for approval or approval subject to modification, to the city council within fifteen (15) days from the date of planning commission action.
E. Denial:
1. The failure to approve or deny an application within thirty (30) days of the first hearing shall be deemed a denial of the application and give the applicant the option of filing an appeal or awaiting the delayed action of the planning commission. An application denied by the planning commission shall not be considered further unless the applicant within fifteen (15) days from the date of the planning commission action, files a written request with the city clerk for a hearing by the city council. The request for hearing shall be accompanied by the payment of a fee set by the city manager. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendations to the city council.
F. City Council Action On Zoning Map Amendments:
1. The city council shall hold a hearing on each application transmitted by or appealed from the planning commission and on any proposed zoning map. The city council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Prior to the hearing on the appeal of a proposed rezoning ordinance before the city council, the applicant shall remit to the office of the city clerk a fifty dollar ($50.00) publication fee.
G. Protest Of Proposed Council Action:
1. Any protest against a proposed zoning change shall be filed at least three (3) days prior to the scheduled public hearing. The protest must be signed by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the territory included in a proposed change. In the event of a timely and proper protest, the proposed amendment shall not become effective except by the favorable vote of four (4) members of the city council. (Ord. 2183 § 1, 2022: Ord. 1953, 2010)