CHAPTER 13
AMENDMENTS
1300 General
1310 Policy on Zoning Map Amendments
1320 Zoning Text Amendments
1330 Zoning Map Amendments
SECTION 1300 GENERAL
The regulations, restrictions, prohibitions, and limitations imposed and the districts created by Chapters 1-16 and Appendices may from time to time be amended, supplemented, changed, modified, or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the Planning Commission shall adopt procedural rules for the conduct of zoning public hearings.
SECTION 1310 POLICY
ON ZONING
It shall be the policy of the City of
Amendments will be adopted to recognize changes in the Comprehensive Plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally. Zoning map amendments must be in compliance with the Owasso Land Use Master Plan.
SECTION 1320 ZONING TEXT AMENDMENTS
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 text amendment. After holding the public hearing, the Planning Commission shall within 30 days transmit its report and recommendation to the City Council.
SECTION 1330 ZONING
1330.1 Application and Fees
A. An amendment to the Zoning Map shall be initiated by the filing of an application with the Community Development Department. An application shall be in such form and content as the Planning Commission may by resolution establish and shall be accompanied by the payment of a fee, the amount of which shall be established by resolution adopted by the Planning Commission and approved by the City Council. Costs of notice and posting of signs shall be billed to the applicant. The applicant shall be required to pay an ordinance publication fee if the application is approved.
B. An application shall be filed with the City Clerk and shall be set for public hearing.
1330.2 Notice Required
The Planning Commission shall give twenty (20) days notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation and shall include a map of the area to be affected which indicates street names or numbers, streams or other significant landmarks in said area. Twenty (20) days notice of public hearing shall be given by mailing notice to all owners of property within in 300 feet radius of the exterior boundary of the subject property. In addition, twenty (20) days notice of public hearing shall be given by posting the property sought to be zoned. The notice shall contain:
A. Date, time, and place of the public hearing.
B. Legal description of the property and the street address or approximate location of the property.
C. By whom the public hearing will be conducted.
D. Proposed use of the property.
E. Present zoning district classification of the property and the proposed zoning district classification, provided:
1. Notice of a proposed RM-2 rezoning shall confer jurisdiction on the Planning Commission to consider and act upon RM-2, RM-1, RTH, RD, RS-3, RS-2, RS-1, and RE, or combinations thereof in the disposition of the application, and in like manner, notice of any R District, including RMH, shall confer jurisdiction to consider any less dense R District, except RMH.
2. Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CS, OM, and OL or combination thereof in the disposition of the application, and in like manner, notice of any C District shall confer jurisdiction to consider any less intense C District or any O District, and notice of any O District shall confer jurisdiction to consider any less intense O District.
3. Notice of a proposed IH rezoning shall confer jurisdiction
on the Planning Commission and City Council to consider and act upon IH,
4. Specific notice of a proposed AG, PUD or RMH district shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, PUD, or RMH District.
1330.3 Planning Commission Action on Zoning Map Amendments
After notice and public hearing, the Planning Commission shall vote to:
A. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification or,
B. Recommend to the City Council that the application be denied, and:
1. An application recommended for approval or approval subject to modification, shall be transmitted, with the report and recommendations of the Planning Commission, to the City Council within 15 days from the date of Planning Commission action.
2. An application recommended for denial shall not be considered further unless the applicant within 15 days from the date of the Planning Commission, files a written request with the City Clerk for a hearing by the City Council. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendation to the City Council.
C. In the event that the Planning Commission arrives at a tie vote it shall be transmitted, with a report and notation of the tie vote, to the City Council within 15 days from the date of Planning Commission action.
1330.4 City Council Action on Zoning Map Amendments
The City Council shall hold a hearing on each application transmitted, and after the public hearing shall approve the application as submitted or as amended or deny the application.
When the City Council has denied an application to amend the zoning classification of a particular tract of land, no subsequent application on such tract or portion thereof, shall be set for public hearing by the Planning Commission until 180 days have elapsed from the date of the Planning Commission action on the original application.
Prior to the adoption and publication of a rezoning ordinance, the applicant shall remit to the office of the City Clerk the payment necessary to cover the cost of the ordinance publication. The City Clerk shall not cause the ordinance to be published prior to such payment.