AMENDMENTS
1700. General
1701. Policy
on Zoning Map Amendments
1702. Zoning
Text Amendments
1703. Zoning
Map Amendments
SECTION 1700. GENERAL
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and limitations imposed, and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on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.
SECTION 1701. POLICY ON ZONING MAP AMENDMENTS
It is the policy of the City of Tulsa 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.
SECTION 1702. ZONING TEXT AMENDMENTS
The Planning Commission upon its own motion may, or at the direction of the City Council shall hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the Planning Commission shall within 30 days transmit its report and recommendation to the City Council.
TOP OF CHAPTER TABLE OF CONTENTS
SECTION 1703. ZONING MAP AMENDMENTS
A. Initiated by Application
1.
2. An application shall be filed with the Planning Commission at least 30 days prior to the date of public hearing and shall be set for public hearing, provided the Planning Commission upon written request may set the matter for an early public hearing for cause shown.
B. Initiated by Planning Commission
In any instance, the Planning 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 Commission shall within 15 days transmit its report and recommendation to the City Council.
C. Notice Required
1. The Planning Commission shall give notice of public hearing on any proposed zoning changes as follows:
a. At least 20 days notice of the date, time, and place of the hearing by publication in a newspaper of general circulation in the City of Tulsa. Said notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in said area.
b. By posting of the affected property at least 20 days before the date of the hearing. The notice shall state:
(1) The date, time, and place of public hearing; and
(2) Who will conduct the public hearing; and
(3) The present and desired zoning classifications; and
(4) The proposed use of the property; and
(5) Other information as may be necessary to provide adequate and
timely public notice.
c. Twenty days notice by mailing written notice to all owners of real property included in the proposed change and all owners of real property within a 300 foot radius of the exterior boundary of the property included in the proposed change. The notice shall contain:
(1) The legal description of the property and the street address
or approximate location in the City of Tulsa; and
(2) The present zoning of the property and the zoning sought by the
applicant; and
(3) The date, time and place of the public hearing.
d. Provided that, if the City of Tulsa proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography or other distinguishing features, including but not limited to floodplain, drainage, historic preservation and blighted areas, mailing of notice as above provided shall not be required and notice shall be given at least 20 days before the date of the hearing by publication as above provided and by posting on designated properties within the area affected by the proposed zoning reclassification. The sign 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 and shall state:
(1) The date, time and place of the public hearing; and
(2) Who will conduct the public hearing; and
(3) The desired zoning classification; and
(4) The proposed use of the property; and
(5) Other information as may be necessary to provide adequate and
timely public notice.
2. Notice of rezoning shall confer jurisdiction:
a. Notice of the proposed RM-3 rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon RM-3, RM-2, RM-1, RM-O, RT, RD, RS-4, RS-3, RS-2, RS-1 and RE or combination thereof in the disposition of the application, and in like manner, notice of any R District, including RMH, shall confer jurisdiction to consider any less dense R District, except RMH.
b. Notice of a proposed CBD rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CBD, CH, CG, CS, OH, OMH, OM, OL and PK, or combination thereof in the disposition of the application, and in like manner, notice of any C District, (except the CO District), shall confer jurisdiction to consider any less intense C District, any O District or PK District and notice of any O District shall confer jurisdiction to consider any less intense O District or PK District.
c. Notice of a proposed IH rezoning shall confer jurisdication on the Planning Commission and City Council to consider and act upon IH, IM, IL, and combinations thereof in the disposition of the application, and in like manner, notice of any I District shall confer jurisdiction to consider any less intense I District.
d. Specific notice of a proposed AG, CO, PUD, HP, RMH or SR District shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, CO, PUD, HP, RMH or SR District.
D. Planning Commission Action on Zoning Map Amendments
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.
An application recommended for approval, or approval subject to modification shall be transmitted, with the report and recommendation of the Planning Commission, to the City Council within 15 days from the date of Planning Commission action.
An application recommended for denial, 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 $15.00 fee. 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 within 15 days from the date of Planning Commission action.
E. 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 1703.B. 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 a publication fee, said fee to be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Tulsa. In case of a protest against such zoning change filed at least three days prior to said public hearing by the owners of 20% or more of the area of the lots included in such proposed change, or by the owners of 50% 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, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.