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and limitations imposed, and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on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. (Ord. 20-03-02, 3-2-2020)

It is the policy of the City of Eufaula that in the consideration of proposed amendments to this Code that:

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. (Ord. 20-03-02, 3-2-2020)

The Planning and Zoning Commission upon its own motion may, or at the direction of the City Council of Eufaula shall hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the Planning and Zoning Commission shall within 30 days transmit its report and recommendation to the City Council of Eufaula.(Ord. 20-03-02, 3-2-2020)

   12-1930.1 Initiated by Application

   A.   Any person, corporation, partnership, association, or combination thereof, having a legal or equitable interest in or to real property, may file an application for a change in the zoning classification of such property by amendment of the Zoning Map. An application shall be filed with the City Manager or his designee shall be in such form and content as the Planning and Zoning Commission may by resolution establish, and shall be accompanied by payment of a fee, the amount of which shall be established by resolution adopted by the City Council. Cost of notice and posting of signs shall be billed to the applicant.

   B.   An application shall be filed with the City Manager or his designee at least 30 days prior to the date of public hearing and shall be set for public hearing.

   12-1930.2 Initiated by Planning and Zoning Commission

   In any instance, the Planning and Zoning Commission, upon its own motion may, or on the written request of any person may, or at the direction of the City Council shall, hold a public hearing, giving notice thereof, of a proposed map amendment. After holding the public hearing, the Planning and Zoning Commission shall within 15 days transmit its report and recommendation to the City Council.

   12-1930.3 Notice Required

   A.   The Planning and Zoning Commission shall give notice of public hearings on any proposed zoning changes as prescribed by the laws of the State of Oklahoma.

   B.   Notice of rezoning shall confer jurisdiction:

      1.   Notice of the proposed RM-l rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon RM-l, RD, RS-3, RS-2 and RS-l, or combination thereof in the disposition of the application, and in like manner, notice of any R district, including RMHP shall confer jurisdiction to consider any less dense R district.

      2.   Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CN, and O, 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 or 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, IM, IL, and combinations thereof in the disposition of the application.

      4.   Specific notice of a proposed AG, PUD or RMHP district shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, PUD or RMHP district.

   12-1930.4 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.

An application recommended for approval, or approval subject to modification shall be transmitted, with the report and recommendation of the Planning Commission.

An application recommended for denial from the Planning Commission, shall not be considered further unless the applicant within 15 days from the date of the Planning Commission action, files a written request with the City Clerk for a hearing by the City Council. The request for hearing shall be accompanied by the payment of a fee as set by resolution. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendations to the City Council.

In the event the Planning Commission arrives at a tie vote, the application shall be transmitted with a report and notation of the tie vote, to the City Council at their next regularly scheduled meeting.

   12-1930.5 City Council Action on Zoning Map Amendments

   The City Council shall hold a hearing on each application transmitted from the Planning Commission and on any proposed Zoning Map amendment initiated pursuant to Section 12-1930.2. The City Council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the City Council, the applicant shall remit to the office of the City Clerk the application fee as set by resolution. In case of a protest against such zoning change filed at least three (3) days prior to the public hearing before the Planning Commission by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the City Council.

   12-1930.6 Time Limit for Resubmittal of Denied Applications

   When the City Council of Eufaula has denied an application to amend the zoning classification of a particular tract of land, or when the Planning Commission has denied such application and no appeal was made to the City Council of Eufaula, no subsequent application on such tract or portion thereof, shall be set for public hearing by the Planning Commission until 90 days have elapsed from the date of the Planning Commission action on the original application. (Ord. 20-03-02, 3-2-2020; amd. Ord. 20-12-01, 12-7-2020)