A.

General. These regulations may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity, convenience, and general welfare require such amendment.

B.

Amendments of Regulations and Districts. The City Council may, from time to time, on its own motion or on petition after public notice and hearing by the Planning Commission, amend the regulations and districts established in this Chapter. No change in regulations, restrictions, or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of public hearing shall be published at least fifteen (15) days prior to the public hearing thereon.

C.

Application Procedure. Any person, firm, or corporation desiring to have any land or premises rezoned shall make application therefor in writing to the Planning Commission, setting forth the legal description of the property to be rezoned, the street address, or approximate location within the City, the names and addresses of the owners thereof, and the use district in which it is to be rezoned. Application for rezoning of property must be made at least twenty-eight (28) days prior to the scheduled Planning Commission meeting. Applicants for rezoning shall submit with their applications the following:

1.

For each application for amendment to the Zoning Ordinance, filing fee shall be deposited with the City Clerk in an amount established by resolution of the City Council.

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. This list shall be current and certified by a registered professional engineer, a registered land surveyor, an attorney, a bonded abstractor, or other person qualified to research county records as determined by the City Attorney.

D.

Application for Rezoning—Notification.

1.

i.

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 twenty-eight (28) days prior to the scheduled Commission meeting.

ii.

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 names and address of the owner 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 shall be current and certified by a registered professional engineer, a registered land surveyor, attorney or bonded abstractor, or Canadian County Treasurer or Assessor.

iii.

For each rezoning application, a filing fee shall be deposited with the City Clerk as may be established by resolution of the City Council.

2.

i.

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 twenty (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.

ii.

Notice of the Planning Commission public hearing may also be given by posting notice of the same on the affected property at least twenty (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.

iii.

The City Clerk shall also give notice of the date, time, and place of all public hearings on a rezoning application by publication in a newspaper of general circulation in the City at least fifteen (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.

3.

In addition to the notice required in subsection (2) 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 nonmedical detoxification as these terms are defined pursuant to O.S. Title 43A, § 3-403, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within thirty (30) days of the hearing to all real property owners within one-quarter (¼) 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 the City an affidavit of mailing the notice along with certified ownership list of all property located within one-quarter (¼) mile of the property proposed to be rezoned. The list shall be certified as described in subsection (1)(ii)(e) of this section.

For purposes of this subsection "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.

E.

Amendment Procedure.

1.

All proposed amendments shall be referred by the City Council to the Planning Commission for report and recommendation prior to amendment action.

2.

Upon receipt of a proposal for change in the Zoning ordinance or official zoning Map, or zoning district boundaries, the Planning Commission shall give notice of and conduct a public hearing. After the public hearing the Planning Commission shall recommend to the City Council that the proposal be approved, denied, or approved subject to change.

3.

When a recommendation upon an application for rezoning has been received from the Planning Commission, an ordinance shall be introduced before the City Council, and the Council shall, at the time of the introduction of the ordinance, accept public comment thereon. The City Council may continue the consideration of the ordinance from time to time prior to final action thereof.

4.

In case of a protest against such change filed at least three (3) calendar days prior to the 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 lots within a three hundred (300) foot radium of the exterior boundary of the territory included in the proposed change; such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all the members of the City Council.

5.

The City Council upon receipt of the recommendation of the Planning Commission may vote to approve or deny the amendment, or may return the matter to the Planning Commission for further study and recommendation.

F.

Fees. Any person, firm, or corporation filing an application for a public hearing, site plan approval, or a permit with the City Planning Commission or the Board of Adjustment, as provided by this chapter, and for which the ordinances do not provide the amount of fee to be paid with the application, there shall be paid a fee in accordance with the fee schedule set forth herein for rezoning applications. In all instances where the City prepares an ordinance for the convenience of any person, firm, or corporation, a fee in accordance with the fee schedule approved by the City Council shall be charged. However, if the publication and handling of same is accomplished by the applicant, at no cost to the City, then no fee shall be charged.

Should any section, subsection, paragraph, clause or provision of these Regulations be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Regulations as a whole or any part thereof, other than the part so declared to be invalid. The City Council of the City of Piedmont does hereby declare that they would have passed these Regulations and each section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid.

These Regulations shall be in full force and effect from and after final passage by the City Council of the City of Piedmont.

Any ordinance now in effect that conflicts with any provisions of this Ordinance is hereby repealed.