A. Authority To File: Amendments to the zoning map may be initiated only by the City Council, the Planning Commission, the owner of the real property that is the subject of the proposed zoning map amendment or by the property owner's authorized agent.
B. Application Filing: Property owner-initiated applications for zoning map amendments must be filed with the City Clerk. Property owners have the option of filing applications for zoning map amendments with or without a development plan. If the applicant elects to submit a development plan concurrently with a zoning map amendment application, the development plan procedures of section 10-15-7 of this chapter govern review and approval of the development plan.
C. Review And Recommendation - Community Development Director: Following receipt of a complete zoning map amendment application or initiation of zoning map amendment by the Planning Commission or the City Council, the Community Development Director must prepare a report and recommendation on the proposed zoning map amendment. The report must be transmitted to the Planning Commission before its public hearing on the proposed amendment.
D. Notice Of Hearing: Notice of the Planning Commission's required public hearing on a zoning map amendment must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper, mail and posted notices):
1. Newspaper Notice: Notice must be published in the newspaper at least fifteen (15) days before the scheduled public hearing.
2. Mailed Notice: Notice must be mailed to all owners of property included within the area that is the subject of the proposed zoning map amendment and all owners of property within three hundred feet (300') of the subject property at least fifteen (15) days before the scheduled public hearing. Mailed notice is not required for City-initiated rezonings proposed as a means of revising the comprehensive plan or official map or designating areas that require specific land use development due to topography, geography or other distinguishing features, including but not limited to floodplain, drainage and blighted areas.
3. Posted Notice: Notice (signs) must be posted at least fifteen (15) days before the scheduled public hearing.
E. Hearing And Recommendation - Planning Commission:
1. Following receipt of a complete application for a zoning map amendment or initiation of a zoning map amendment by the Planning Commission or City Council, the Planning Commission must hold a public hearing on the proposed amendment. Following the close of the public hearing, the Planning Commission must act to recommend that the proposed amendment be approved, approved with modifications, or denied.
2. A property owner-initiated application recommended for denial by the Planning Commission may not be considered further unless the applicant, within fifteen (15) days of the date of the Planning Commission's action, files a written request with the City Clerk and the Recording Secretary of the Planning Commission for a public hearing by the City Council. The request for hearing must be accompanied by the payment of the required filing fee. Upon notice of a request for a public hearing before the City Council, the Planning Commission must transmit the application and its report and recommendations to the City Council.
3. Motions to approve, approve with modifications or deny zoning map amendments may be approved by a simple majority vote. If the Planning Commission arrives at a tie vote, the application must be forwarded to the City Council with the notation of the tie vote.
F. Final Action - City Council:
1. Following receipt of the Planning Commission's recommendation, the City Council must hold a public hearing on the application and act to approve the proposed zoning map amendment, approve the proposed amendment with modifications, including approval of a less intensive zoning district, or deny the proposed amendment. The City Council is also authorized to remand the proposed zoning map amendment back to the Planning Commission for further consideration.
2. Zoning map amendments may be approved by a simple majority vote, except as stated in subsection G of this section.
G. Protest Petitions:
1. If a valid protest petition is filed against any proposed zoning map amendment, passage of the zoning map amendment requires a favorable vote of three-fourths (3/4) of the members of the entire City Council.
2. A protest petition will be deemed valid if it is signed and acknowledged by the owners of twenty percent (20%) or more of the area of the lots included in the proposed zoning map amendment or by the owners of fifty percent (50%) or more of the area of the lots within three hundred feet (300') of the area included in the proposed zoning map amendment and if it meets the other regulations of this subsection G.
3. A written protest petition opposing a zoning map amendment must be submitted to the Community Development Director at least three (3) business days before the City Council's vote.
4. The protest petition must state that it is a formal protest of the proposed zoning map amendment and include the street address of subject property.
5. Persons signing the protest petition must be at least eighteen (18) years of age and must hold record title to their properties, as shown in the land records of the Mayes County Clerk. If a lot is owned jointly by more than one owner, all owners must sign the protest petition. If a lot is owned by a trust, the trustee must sign, noting that he or she signs "as trustee". If there is more than one trustee, and no single trustee is authorized to sign, then all the trustees must sign. If a lot is owned by a corporation, the president or a vice-president or the chair or vice chair of the board of directors, must sign. If a lot is owned by a limited liability company, a manager must sign. If a lot is owned by any other legal entity, the person signing the protest petition must be someone authorized by that entity to convey title to land.
6. Persons signing the protest petition must indicate the street address of the lot owned. If no street address is assigned, a legal description (lot and block of a subdivision, metes and bounds description of unplatted tracts) or a map must be provided.
7. If a protest petition contains multiple signature pages, each page must contain the same protest language. Signatures must be accompanied by the legibly printed or typed name of the person signing. The name of the person signing must be the same as the name of that person as shown in the land records of the Mayes County Clerk.
8. A protest petition may not be amended, supplemented or corrected after the deadline for filing the petition.
H. Review And Approval Criteria: The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard or criterion. In making recommendations and decisions on zoning map amendments, review and decision- making bodies must consider all relevant factors, including at least the following:
1. Whether the proposed zoning map amendment is consistent with the policy and intent of the comprehensive plan; and
2. Whether the proposed zoning map amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition. (Ord. 2018-16, 12-4-2018)