A. Right to petition for change. Any person, firm, or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of the zoning regulations or official zoning district map by obtaining, filling out, and filing a formal application for rezoning or zoning ordinance amendment with the City Clerk.
B. Fees. The fee for filing such application shall include the notice and publication costs of such application, the review costs incurred by City personnel, and other administrative costs. The minimum fee for such applications shall be as set by the City Council plus a fee plus per acre for each acre over five (5) acres. The City Clerk may automatically increase the fees due to increases in the costs of mailing or publication.
C. Notification of Planning Commission. The City Clerk shall notify the City Building Official and the Chair of the Planning Commission and cause the application to be placed on the agenda for the next scheduled meeting of the Planning Commission.
D. Commission consideration. The Planning Commission shall consider any rezoning or zoning regulations amendment application at a regular, public meeting prior to making and submitting recommendations to the City Council. 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. Such notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in such area.
E. Public hearing. No rezoning, amendment, chance, or supplement shall become effective until a public hearing shall have been held by the City Council at which parties in interest and other citizens shall have an opportunity to be heard.
Notice of such public hearing, to include the time and place of such hearing, shall be given at least twenty (20) days prior to such hearing by publication in the official newspaper of the City, and, in addition to publication, notice shall also be given by mailing written notice signed by the City Clerk to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property. Such notice shall be mailed not less than twenty (20) days before the date set for hearing and the notice shall contain:
1. Legal description of the property and the street address or approximate location in the City;
2. Present zoning district classification of the property and the classification sought by the applicant; and
3. The date, time, and place of the public hearing.
F. Protests against proposed change. Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings.
If protests are filed by:
1. The owners of twenty percent (20%) or more of the area of the lots included in a proposed change; or
2. The owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the City Council.
G. Initiation of studies or administrative proposals. The City Council or the Planning Commission may, from time to time, initiate studies or administrative proposals for changes or amendments to the zoning regulations, provided that they are in the public interest, and provided also that, before taking action on any such study or proposal, the City shall have submitted the same to the Planning Commission for its recommendations and adequate and legal public hearings shall have been held by the City Council.
H. Finalization of change. 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.
(Code 1991, § 12-212)
State Law reference- Similar provisions, 11 O.S. §§ 43-104, 43-105.