Kingfisher City Zoning Code

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and limitations imposed and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city commission a report and recommendation on the proposed change. (Ord. 939, 11-14-2011)

   A.   Filing Of Application: An owner or his duly authorized agent or representative may make 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. (Ord. 939, 11-14-2011)

   B.   Fee: An application for amendment shall be accompanied by the payment of a fee in such amount as set by the board of commissioners as provided in the fines and fees schedule in appendix A, division IV of this code to cover the costs of notice and posting and administrative review. (Ord. 939, 11-14-2011; amd. 2013 Code)

Upon receipt of an application, the planning commission shall set a date for public hearing not less than twenty (20) days nor more than sixty (60) days from the date of filing. Fifteen (15) days' notice of the public hearing shall be given by the planning commission by publication in a newspaper of general circulation in the city. In addition to the notice provided in this section, notice of public hearing of any zoning change shall be given by a sign or signs as may be required, placed on the property affected by such proposed zoning reclassification. Such sign (or signs) and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. It shall contain information giving the date, time and place of the public hearing and by whom it shall be conducted, the desired zoning classification, the proposed use of the property, and such other information as deemed necessary to provide adequate and timely public notice. (Ord. 939, 11-14-2011)

   A.   Planning Commission Vote: After notice and public hearing, the planning commission shall vote to:

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

      2.   Recommend to the city commission that the application be denied.

   B.   Report And Recommendation: 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 fifteen (15) days from the date of planning commission action. (Ord. 939, 11-14-2011)

   C.   Denial; Request For Hearing:

      1.   An application recommended for denial shall not be considered further, and one hundred dollars ($100.00) of the fee required in subsection 11-12-2B of this chapter shall be refunded (if previously paid) to the applicant unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city commission for a hearing, whereupon a fee in an amount set by the board of commissioners as provided in the fines and fees schedule in appendix A, division IV of this code shall accompany the request for a hearing before the city. (Ord. 939, 11-14-2011; amd. 2013 Code)

      2.   Upon notice of such request, and receipt of the required fee, the planning commission shall forthwith transmit the application and its report and recommendation and an approved copy of its minutes on the hearing to the city commission.

      3.   The city clerk shall notify all interested parties of record before the planning commission proceedings of the time and place of the consideration of the appeal hereinabove provided for. (Ord. 939, 11-14-2011)

The city commission shall hold a public hearing on each application regularly transmitted, or which has been transmitted pursuant to an appeal as provided for in subsection 11-12-4C of this chapter. The city commission 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. (Ord. 939, 11-14-2011)

If a written protest against an amendment, change or repeal of this title or any part thereof is presented, duly signed and acknowledged more than ten (10) days prior to said public hearing 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 immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than three hundred feet (300') wide, such amendment shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the city commission. (Ord. 939, 11-14-2011)