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Bethany City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 158.055 PUBLIC HEARINGS; NOTIFICATION.

   (A)   Except in the case of an annexation ordinance, no ordinance which rezones land or which changes the regulations of this chapter shall become effective until after the Planning Commission and City Council have held public hearings in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
   (B)   Notification shall be given of all hearings pertaining to the rezoning of land in accordance with § 158.056(B).
   (C)   For ordinances other than those which rezone land, the city shall give at least 15 days' notice of the date, time and place of the City Council public hearing by publication in a newspaper of general circulation in the city.
(Prior Code, § 13-654) (Am. Ord. 1974, passed 8-6-19)

§ 158.056 APPLICATION FOR REZONINGS; HEARINGS; NOTIFICATION.

   (A)   (1)   Any person, firm or corporation desiring to have any land or premises rezoned shall
make application therefor in writing to the Planning Commission, on the forms provided, at least 28 days prior to the scheduled commission meeting.
      (2)   The application shall contain the following information, in addition to other data the Planning Commission may require:
         (a)   The legal description of the property to be rezoned;
         (b)   The street address or approximate location within the city;
         (c)   The name(s) and address(es) of the owner(s) thereof;
         (d)   The district in which it is to be rezoned; and
         (e)   A list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property. This list shall be current and certified by a bonded abstractor or the County Assessor of Oklahoma County.
      (3)   For each rezoning application, a filing fee shall be deposited with the City Clerk, as may be established by resolution of the City Council.
   (B)   (1)   The Secretary of the Planning Commission, or his or her designee, shall give notice of all public hearings on a rezoning application by mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of subject property at least 20 days prior to the Planning Commission public hearing. The notice shall contain the following:
         (a)   Legal description of the property, and the street address or approximate location in the city;
         (b)   Present zoning and classification of the property and the classification sought by the applicant;
         (c)   Date, time and place of the Planning Commission and City Council public hearing; and
         (d)   General location map.
      (2)   Notice of the Planning Commission public hearing may also be given by posting notice of the same on the affected property at least 20 days before the date of hearing. The notice shall contain the following:
         (a)   Present zoning classification of the property and the classification sought by the applicant;
         (b)   Date, time and place of the Planning Commission public hearing.
      (3)   The City Clerk shall also give notice of the date, time and place of all public hearings on rezoning application by publication in a newspaper of general circulation in the city at least 15 days prior to the Planning Commission public hearing. The notice shall include a map of the area to be affected which indicates street names or numbers, streams or other significant landmarks in the area.
   (C)   (1)   In addition to the notice required in division (B) of this section, if the zoning change requested permits the use of treatment facilities, multiple family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or non-medical detoxification, as these terms are defined pursuant to 43A O.S. § 3-403, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within 30 days of the hearing to all real property owners within one-quarter of a mile where the area to be affected is located, and shall be responsible for all costs incurred in mailing this notice. The entity proposing the change shall provide to the city an affidavit of mailing the notice, along with certified ownership list of all property located within one-quarter mile of the property proposed to be rezoned. The list shall be certified as described in division (A)(2) of this section.
      (2)   For purposes of this division (C), ENTITY means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
(Prior Code, § 13-656) (Ord. 1240, passed 7-19-83; Am. Ord. 1827, passed 8-4-09; Am. Ord. 1880, passed 6-17-14; Am. Ord. 1974, passed 8-6-19)

§ 158.057 COUNCIL PROCEDURES FOR REZONING HEARINGS.

   (A)   When the Planning Commission has acted upon an application for rezoning, an ordinance shall be prepared and introduced before the City Council at a public hearing on the same date as set forth in the notice to property owners provided in the preceding section. The City Council may continue that hearing from time to time, prior to final action thereon.
   (B)   No rezoning application which has been heard and decided by the City Council shall be resubmitted for a period of six months from the hearing, except on the ground of new evidence or proof of changed conditions.
(Prior Code, § 13-657) (Ord. 1240, passed 7-19-83; Am. Ord. 1896, passed 4-21-15; Am. Ord. 1974, passed 8-6-19)

§ 158.058 COMPREHENSIVE PLAN REVIEW.

   (A)   Any aggrieved person, officer or unit of government may make application to the Board requesting relief for the purposes stated in § 158.087 The application must be submitted to the Board, along with all required documents and fees, at least 21 days prior to the next scheduled Board meeting in order to be considered at that meeting.
   (B)   Applications for an appeal shall be made as follows:
      (1)   The appeal shall be taken within 30 days from the date of the decision of the administrative official.
      (2)   The application shall be filed in writing with the official and the City Clerk. The application shall specify the grounds for the appeal.
   (C)   Applications for a special exception shall be made as follows:
      (1)   The application shall be filed in writing with the City Clerk. The application shall indicate the section under which the exception is sought and state the grounds upon which it is requested.
      (2)   The applicant shall submit with each application a current list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property.
      (3)   The list shall be current and certified by a bonded abstractor or the County Assessor of Oklahoma County.
   (D)   Applications for a variance shall be made as follows:
      (1)   The application shall be filed in writing with the City Clerk. The application shall indicate how the subject property meets the requirements of § 158.091(D).
      (2)   The applicant shall submit with each application a list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property.
      (3)   Where the applicant requests a minor variance, he or she shall submit a list of names and addresses of only those owners of property adjacent to the subject property.
      (4)   The lists shall be current and certified by a bonded abstractor or the County Assessor of Oklahoma County.
   (E)   The applicant shall deposit with the City Clerk a fee as may be established by resolution of the City Council.
   (F)   Upon receipt of a properly filed application, it shall be placed on the Board agenda for hearing within 60 days, and an administrative official shall transmit to the Board all papers constituting the record upon which the application is made.
(Prior Code, § 13-658) (Am. Ord. 1974, passed 8-6-19)