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and limitations imposed and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city council a report and recommendation on the proposed change.

(Code 1986, § 12-340; Code 2009, § 52-487; Ord. No. 217, 3-25-1975)

(a)

Required. An owner or his duly authorized agent or representative may make an application for the amendment of the zoning restrictions applicable to his property by filing with the planning commission a written application in such form and content as the planning commission may by resolution establish.

(b)

Fee. An application for amendment shall be accompanied by the payment of a fee as provided in the city's fee schedule.

(c)

Costs of notice and publishing. The costs of notice and posting shall be billed to the applicant.

(Code 1986, § 12-341; Code 2009, § 52-488; Ord. No. 217, 3-25-1975)

Upon receipt of an application, the planning commission shall set a date for public hearing not less than 20 days nor more than 60 days from the date of filing. Fifteen days' notice of the public hearing shall be given by the planning commission by publication in a newspaper. Additional notice shall be given by the planning commission by posting signs on the property.

(Code 1986, § 12-342; Code 2009, § 52-489; Ord. No. 217, 3-25-1975)

State Law reference— Notice requirements, 11 O.S. §§ 43-104, 43-106.

(a)

After notice and public hearing, the planning commission shall vote to:

(1)

Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or

(2)

Recommend to the city council that the application be denied.

(b)

An application recommended for approval, or approval subject to modification, shall be transmitted to the city with the report and recommendation of the planning commission within 15 days from the date of planning commission action.

(c)

An application recommended for denial shall not be considered further and a portion of the fee required in section 56-48 shall be refunded to the applicant unless the applicant, within 15 days from the date of the planning commission action, files a written request with the city council for a hearing. A fee as set by the council shall accompany the request for a hearing before the city if the refund mentioned in this section has been granted to the applicant in appeal. Upon notice of such request, and receipt of the fee, the planning commission shall forthwith transmit the application and its report and recommendation to the city council.

(Code 1986, § 12-343; Code 2009, § 52-490; Ord. No. 217, 3-25-1975)

The city council shall hold a hearing on each application regularly transmitted, or which has been transmitted pursuant to an appeal as provided for in section 56-50(c). The city council shall approve the application as submitted and recommended by the planning commission, or approve the application subject to modification, or deny the application, or return the application to the city planning commission for further study.

(Code 1986, § 12-344; Code 2009, § 52-491; Ord. No. 217, 3-25-1975)

Protests against proposed changes shall be filed at least three days before the date of the public hearings. If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots included in a proposed change; or

(2)

The owners of 50 percent or more of the area of the lots within a 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 of all the members of the city council.

(Code 1986, § 12-345; Code 2009, § 52-492; Ord. No. 217, 3-25-1975)

State Law reference— Similar provisions, 11 O.S. § 43-105.