12.1.1

General. The regulations, restrictions, prohibitions and limitations imposed and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the Metropolitan Area Planning Commission, after notice and public hearing, files with the Bartlesville City Council and/or the Washington County Board of Commissioners, as appropriate, a report and recommendation on the proposed change.

12.1.2

Zoning Text Amendments. The Metropolitan Area Planning Commission shall, upon its own motion, or at the direction of the governing body hold a public hearing giving at least fifteen (15) days notice of the date, time and place of the public hearing by publication in a newspaper of general circulation in the City of Bartlesville.

12.1.3

Zoning Map Amendments

A.

Initiated by application. Any person, corporation, partnership, association, or agent thereof, having a legal right or equitable interest in or to real property, may file an application for a change in zoning classification of such property by amendment of the Zoning Map. An application shall be filed with the Secretary to the Metropolitan Area Planning Commission, shall be in such form and content as the Planning Commission may require, and be accompanied by a fee as identified in Appendix A, no part of which shall be refundable.

An application shall be filed with the Secretary to the Metropolitan Area Planning Commission at least 30 days prior to the date of the public hearing. The Secretary shall set the application for hearing and cause notice to be given as provided in Section 12.1.4 below.

B.

Initiated by Planning Commission. In any instance the Planning Commission, upon its own motion may, or on the written request of any person may, or at the direction of the governing body(s) shall, hold public hearing, giving notice thereof, of a proposed map amendment.

12.1.4

Public Notice and Citizen Participation Activities Required.

A.

Public Notice Required. The Planning Commission shall give fifteen (15) days notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. In addition, twenty (20) days notice shall be given by mailing notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the property. The notice shall contain:

1.

Date, time and place of public hearing.

2.

By whom the public hearing will be conducted.

3.

Present zoning classification and the classification proposed.

4.

Legal description of the property and street address or approximate location of the property.

5.

A street map showing approximate location of property.

In addition to the above requirements for notice a sign shall be posted on the property at least twenty (20) days before the public hearing. The sign will state by whom the public hearing will be conducted, the date, time and place of hearing, and the present and proposed zoning classification of the property.

Written notice shall not be required where zoning reclassifications are proposed in order to revise the Comprehensive Plan 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.

B.

Citizen Participation Activities Required. In order to encourage public participation in the development review process, the applicant of every application for zoning map amendment or other such application which requires a public hearing (such as a Planned Unit Development application) shall provide for citizen participation activities prior to the first public hearing.

1.

The purpose of such citizen participation activities is to:

a.

Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;

b.

Ensure that the citizens and property owners have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

c.

Facilitate direct and ongoing communication between the applicant, interested citizens and property owners, City staff, and elected officials throughout the application review process.

2.

The requirement for citizen participation is not intended to produce complete consensus on all applications, but to facilitate direct communication between affected parties, to encourage applicants to be good neighbors and to allow for informed decision making.

3.

The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. Therefore, the target area for early notification and method of notification required for citizen participation activities will be determined by the Community Development Director after consultation with the applicant. The target area for early notification may include any or all of the following:

a.

Property owners within 300 feet of the subject site as required by law;

b.

Property owners within an extended area of the subject site but not to exceed 1000 feet of the subject site;

c.

The head of any homeowners association or registered neighborhood within one-half mile of the subject site; and

d.

Other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Community Development Department or as determined by the Community Development Director.

Further, required notification shall include information concerning the substance of the change, amendment or development proposed by the applicant and how affected or interested parties will be provided an opportunity to review and discuss the applicant's proposal with the applicant and express any concerns, issues, or problems they may have with the proposal in advance of the public hearing. As determined by the Community Development Director, the method of notification and details of techniques the applicant may use to involve the public may include any or all of the following:

a.

Mailing of letter from applicant to those within the target area providing required information concerning the application;

b.

Door-to-door distribution of required information concerning the application to those within the target area;

c.

Hosting of a neighborhood meeting with those within the target area providing required information concerning the application.

4.

These requirements shall apply in addition to any notice provisions required elsewhere in this ordinance.

5.

The applicant shall complete citizen participation requirements as determined by the Community Development Director and provide documentation of compliance with such requirements at least one week prior to public review of their application. Such documentation shall consist, minimally, of a written summary prepared by the applicant describing the results of their citizen participation activities, including a summary of concerns, issues and problems expressed during the process. This summary will be attached to the staff report when presented for public review of the application.

6.

Failure to comply with these citizen participation activity requirements may cause the automatic delay of an application for public review.

12.1.5

Planning Commission Action on Zoning Map Amendments. After notice and public hearing, the Planning Commission shall vote to:

A.

recommend to the appropriate governing body that the application be approved as submitted, or as amended, or be approved subject to modification or,

B.

recommend to the appropriate governing body that the application be denied. An application recommended for approval, or approval subject to modification shall be transmitted, with the report, summary of hearing and recommendations of the Planning Commission, to the governing body within twenty (20) days from the date of Planning Commission action.

The following paragraph pertains to Zoning Map Amendments within the city limits of the City of Bartlesville.

An application failing to be recommended for passage by a majority vote of the Planning Commission members present at the meeting shall not be considered further unless the applicant, within ten (10) days from the date of the Planning Commission action, files a written request with the Secretary for an appeal to the governing body. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendations to the governing body.

The following paragraph pertains to Zoning Map Amendments in Washington County within the 3-mile jurisdiction from the city limits of the City of Bartlesville.

An application failing to be recommended for passage by a majority of the full membership of the Planning Commission shall not be considered further unless the applicant, within ten (10) days from the date of the Planning Commission action, files a written request with the Secretary for an appeal to the governing body. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendations to the governing body.

12.1.6

Governing Body Action on Zoning Amendments. The governing body shall hold a public hearing on each application transmitted from the Planning Commission and on any proposed text amendment recommended by the Planning Commission. Notice of hearing shall be the same as provided in Section 12.1.4. The governing body may approve, approve with modification, deny or refer the proposed amendment back to the Planning Commission for further study. In the case of referral the governing body shall state their reasons for referring the matter back to the Planning Commission for further consideration. The Planning Commission shall submit its report within thirty (30) days after reference. Failure to do so shall not obligate the governing body to wait further for a recommendation.

12.1.7

Protests Against Map Amendments. Petitions protesting a change of zoning shall be filed at least three (3) days before the date of the public hearing by the governing body. If protests are filed by:

A.

The owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or

B.

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, or

C.

The owners of fifty percent (50%) or more of the total number of lots within a three-hundred-foot (300') 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 a favorable vote of four-fifths of all the members of the governing body.

12.1.8

Effect of Denial of Application. In case an application for amendment to the regulations is denied, said application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning Commission, to be eligible for consideration within less than one year of the denial of the original application.

12.1.9

Automatic Review of Commercially Zoned Lands. The City Council of the City of Bartlesville, Oklahoma, and the Board of County Commissioners of Washington County shall review or cause to be reviewed by the Metropolitan Area Planning Commission, which Planning Commission shall subsequently make recommendations to said governing body, all tracts, parcels, lots, or other lands zoned for commercial purposes after said land has been zoned for such commercial purposes a period of five years. Such review shall determine whether or not development has commenced in pursuance of or because of such commercial zoning; the intent of the owner of such property or of the original applicant with respect to the development thereof, if no such development has occurred within the next preceding five-year period, and to determine any other or all factors with respect to such land which will aid the governing body in determining whether or not to rezone such land to its original or prior zoning classification, provided however, the governing body shall not rezone any such land to any prior zoning classification until such time as all requirements of law with respect to notice and hearing have been satisfied.

Should any section, subsection, paragraph, clause, or provision of these regulations be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the regulations as a whole or any part thereof, other than the part so declared to be invalid. The City Council of the City of Bartlesville and the Board of County Commissioners of Washington County do hereby declare that they and each of them would have passed these regulations and each section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that anyone or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid.

These regulations shall be in full force and effect from and after final passage by the City Council of the City of Bartlesville, Oklahoma, and the Board of County Commissioners of Washington County, Oklahoma.

PASSED by the City Council of Bartlesville, Oklahoma on its first reading this lst day of August, 1966.

PASSED by the Board of County Commissioners of Washington County, Oklahoma on its first reading this 22 ^nd day of August, 1966.