Bethany City Zoning Code

   (A)   The Planning and Zoning Commission of the city is hereby created consisting of nine appointive members, all of whom shall be qualified electors of the city. Eight of the Commission members shall be appointed by the City Council with two members from each of the city's four wards. The ninth member of the Commission shall be appointed by the Mayor. The members of the Commission shall serve for three-year terms, except the membership as of the date of adoption of the ordinance shall continue to serve out their unexpired terms.

   (B)   A quorum of the Commission shall consist of five members. Before entering the performance of their duties each member shall take and subscribe to the oath of office as required by law. The members of the Commission shall serve without compensation. A majority of all members of the City Council may remove any member of the Commission for the good of the service.

(Prior Code, § 13-101) (Ord. 1241, passed 7-19-83; Am. Ord. 1252, passed 11-15-83; Am. Ord. 1310, passed 11-6-84; Am. Ord. 1974, passed 8-6-19)

   Appointment of zoning commission, see 11 O.S. § 43-109

   (A)   The Commission shall select the Chairperson and Vice-Chairperson from among its members. It is the duty of the Vice-Chairperson to preside over all meetings in the absence of the Chairperson. The Commission shall keep its own minutes and records. The Commission shall meet on the first Thursday and on the third Thursday of each month at 7:00 p.m. in the Bethany Library or other convenient place. If the meeting date falls on a legal holiday, the Commission may choose another date if it determines one is necessary.

   (B)   Special meetings may be held upon the request of four members of the Commission. At least 48 hours' advance notice shall be given to the City Clerk of any special meetings.

(Prior Code, § 13-102) (Ord. 1241, passed 7-19-83; Am. Ord. 1262, passed 11-15-83; Am. Ord. 1493, passed 10-6-92; Am. Ord. 1974, passed 8-6-19; Am. Ord. 1987, passed 2-4-20)

   (A)   The Commission shall prepare from time to time plans for the systematic development and betterment of the city as a place of residence or for business. It may consider and investigate any subject matter tending to the development and betterment of the city and make recommendations to the Council as it may deem advisable concerning the adoption thereof, and make or cause to be made surveys, maps and plans for that purpose. Before any expense is incurred in making any surveys, maps or plans, the expense shall be submitted to and authorized by the Council.

   (B)   The following matters shall be submitted to the Commission for investigation, report, review or recommendation before final action is taken by the City Council:

      (1)   On the location and design of any public building, statue, memorial park, parkway, boulevard,

street, alley, playground, public grounds or bridges or the change in location or vacation of any street or alley or the grade thereof;

      (2)   On all plans, plats or re-plats of land laid out in lots or plats, and the streets, alleys or the portions of the same, intended to be dedicated to public or private use within the city; and

      (3)   On all proposed ordinances amending or added to the provisions contained in Title XV of this code.

   (C)   (1)   The Commission shall conduct biannually a review and update of the comprehensive plan, its goals and policies, for the purpose of providing guidance on future decisions pertaining to zoning and land use.

      (2)   The findings and recommendations of the Commission shall be forwarded to the City Council for final action.

      (3)   The proceedings of the Commission shall comply with applicable notice requirements.

   (D)   (1)   The Commission shall make an intensive study of the zoning problems of the city for each and all the following enumerated purposes.

      (2)   For these purposes, the Commission shall divide the city into zones and districts of the size, number, shape and area as it may deem best to carry out the purposes and to define, with common certainty, and establish the boundaries of each.

      (3)   All regulations and restrictions shall be uniform for each class or kind of building throughout the district, but the regulations or restrictions in one district may differ from those in another district. All regulations and restrictions shall be made with reasonable consideration, among other things, to the character of the district affected and its peculiar suitability for particular uses, and with a view to conserve the value of buildings and encouraging the most appropriate use of land throughout the city.

         (a)   To lessen congestion in the streets;

         (b)   To secure safety from fires, panic and other dangers;

         (c)   To provide adequate light and air;

         (d)   To prevent the overcrowding of land;

         (e)   To avoid undue congestion of population;

         (f)   To facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements;

         (g)   To regulate and restrict the creation, construction, reconstruction, alteration, repair or use of buildings, structures and lands;

         (h)   To regulate and restrict the location of oil and gas wells and appurtenances thereof; and

         (i)   To establish restrictions and regulations in respect to each of the above enumerated items.

   (E)   The Commission may adopt by resolution rules and procedures which it deems necessary and proper to carry out the duties and functions of the Commission, including but not limited to decorum of meetings and the processing of applications for review. The rules and procedures shall not conflict with any provision hereof.

   (F)   In addition to the powers and duties of this section, the Commission shall have those conferred by state law or city ordinance.

   (G)   All deliberations of the Commission shall be conducted, and all its decisions shall be made, at a meeting that is open to the public.

      (1)   At the time of any hearing, any person presenting an application or appeal may appear in his or her own behalf or be represented by agent or attorney.

         (a)   The applicant shall be permitted 20 minutes for presentation of his or her matter to the Commission. The applicant may not reserve any time from the opening presentation for rebuttal. During this period, the Commission may question the applicant regarding the matter before it.

         (b)   Members of the public who have signed up to speak at the hearing on the matter are allocated five minutes to speak their support or objection. At the conclusion of each member’s allotted time, the Commission may ask questions about the member’s statements or concerns.

         (c)   The applicant or appellant shall be permitted ten minutes for rebuttal to any points of discussion occurring during public’s opportunity to speak.

         (d)   The Commission may lengthen any period set forth regarding presentation and rebuttal for good cause shown and majority vote of the members present at the hearing.

      (2)   All decisions of the Commission shall be made after motion has been made and seconded. The motion which decides the issue shall be in the form of findings of fact and shall state the reasons for the findings by the Commission.

      (3)   In reaching a decision on any motion, the Commission shall record the vote of each member or the absence or failure to vote.

      (4)   The minutes of all deliberations by the Commission shall be acknowledged as to accuracy by the Chairperson and shall be a part of the public record of the Commission.

(Prior Code, § 13-103) (Ord. 1338, passed 8-20-85; Am. Ord. 1974, passed 8-6-19; Am. Ord. 2082, passed 10-7-25)

   Platting, see 11 O.S. et seq.