For the purpose of promoting the public health, safety, morals and general welfare of the community, the board of city commissioners of the city is hereby authorized to designate and divide the city into the following districts:

A-1 Agricultural District

A-2 Urban Residential

R-1 One-Family Residence District

R-2 Residence District

R-3 Multifamily Residence District

RT-1 Medium Density Residential District

RT-2 High Density Residential Housing District

M-1 Mobile/Modular Homes Subdivisions

M-2 Mobile/Modular Home Parks and RV Parks

C-1 Office District

C-2 Neighborhood Shopping District

C-3 General Commercial District

C-4 Highway Commercial and Commercial Recreation District

I-1 Industrial District

(Ord. No. 2011-01, § 2, 2-14-2011; Ord. No. 2021-02, § 1, 6-14-2021)

The location and boundaries of the zoning districts established in this chapter are shown upon the map entitled "Zoning Map — City of Sallisaw" which is hereby incorporated into and made a part of this chapter. A current copy of such map shall be filed with the building development director. The zoning map, together with all notations, references and other information shown thereon, and all amendments thereto, shall be a part of this chapter and shall have the same force and effect as if all were fully set forth and described in this chapter.

(Ord. No. 2011-01, § 2, 2-14-2011)

In the event of uncertainty in the exact boundaries of any of the zoning districts of the city as shown on the "Zoning Map — City of Sallisaw," the planning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the board of commissioners.

(Ord. No. 2011-01, § 2, 2-14-2011)

Any land made a part of the city by purchase, annexation or any other means shall upon its acceptance as a part of the city be zoned A-1 agricultural district or A-2 urban residential as determined by the official land use plan of the City of Sallisaw until such time as a public hearing is held and the property is rezoned in keeping with the official plan of the city.

(Ord. No. 2011-01, § 2, 2-14-2011)

(a)

Definitions. For purposes of this section:

Commission means the board of city commissioners.

Detachment or de-annexation means the removal of territory from within the corporate limits of the city.

Petitioner means a property owner or group of owners requesting detachment of their property.

(b)

Prerequisites and conditions. The board of city commissioners shall only consider a detachment request if all of the following conditions are met:

(1)

Petition requirements. The request is submitted per subsection (c) below.

(2)

Geographic and service considerations. The detachment shall not create an unincorporated island completely surrounded by city territory (the parcel is contiguous to the existing municipal boundary at the time of detachment). The detachment shall not compromise the city's ability to serve adjacent properties or impair critical infrastructure such as roads, utilities, or emergency services.

"Only land which is within the limits of the municipality and upon its border and not laid out in lots and blocks, or land which had been annexed to a municipality, may be detached by petition" - 11 O.S. § 21-110.

(3)

Utility and infrastructure requirements. If the property is currently served by city electric, water, sewer, or sanitation, the petitioner must demonstrate:

a.

Alternative access to services exists or will be arranged (e.g. well/septic).

b.

All municipal utility accounts are paid in full.

c.

Utility connections will be disconnected or transferred in compliance with local policy.

(4)

Land use and planning consistency.

a.

The detachment must not conflict with the city's adopted comprehensive plan, growth boundaries, or zoning goals.

b.

Any zoning or development approvals granted by the city prior to detachment shall be nullified unless otherwise agreed upon in writing.

(5)

No ongoing violations. The property must be free from unresolved code enforcement actions, litigation, or special assessments imposed by the city.

(6)

Public interest determination. The board of city commissioners must determine that the detachment is in the public interest, including:

a.

No measurable adverse financial or service impact on the city to include being encumbered by city debt, bonds or special assessments (unless a provision is proposed for payment).

b.

No loss of continuity for public improvements (roads, trails, sidewalks).

c.

The request does not encourage fragmented land use or create a precedent detrimental to community cohesion.

(7)

Timeliness. A property owner whose petition is or has been denied may not refile a petition for detachment for the same property for a period of 12 months, unless significant circumstances have changed.

(c)

Procedure.

(1)

A proposal to detach is presented in the form of an ordinance of the governing body or a petition requesting detachment, signed by at least three-fourths of the registered voters and by the owners of at least three-fourths, in value, of the property to be detached, is filed with the governing body.

a.

For petitioners, a true and complete unsigned copy of the petition requesting detachment shall be filed with the city clerk before it is circulated and signed by at least three-fourths of the registered voters and by the owners of at least three-fourths, in value, of the property to be detached;

b.

Signed copies of the petition requesting detachment shall be filed with the city clerk within 90 days after the initial filing of the unsigned copy with the clerk; and

c.

Notice of the filing of the signed petition requesting detachment with the city clerk shall be given in the same manner provided for petitions requesting annexation.

(2)

The city clerk shall schedule the matter for public hearing before the commission within ten days following publication.

(3)

Written notice of the public hearing shall be mailed to:

a.

The petitioner(s).

b.

All property owners within 300 feet of the property proposed for detachment.

c.

Any affected utility service providers.

(4)

Notice shall also be published in a newspaper of general circulation at least 15 days prior to the hearing.

(d)

Effect; if granted.

(1)

The city shall cease provision of all municipal services to the property on the effective date.

(2)

The parcel shall no longer be subject to city ordinances, taxes, zoning, or jurisdiction.

(3)

A certified copy of the ordinance shall be filed with the county clerk and the state tax commission—ad valorem division.

(e)

Decision and effective date.

(1)

The board of city commissioners may approve, deny, or approve with conditions any petition for detachment.

(2)

If approved, the board of city commissioner shall adopt an ordinance formally detaching the property.

(3)

The detachment shall become effective 30 days after passage upon meeting the publication requirements and upon the filing of the ordinance with the county clerk and any other state agencies as required by law.

(Ord. No. 2025-13, §§ 1—5, 7-10-2025)