Signature question for planning and zoning
A resident is attempting to get signatures of her abutting neighbors in
preparation for a planning and zoning meeting (the municipality has an
ordinance requiring that the abutting neighbors all consent in writing to
the action this resident is wanting to take with her property). However,
she is unable to get a response from one of the neighbors despite sending
multiple certified letters and requests.
Correct me if I'm wrong, but signatures in this instance are an affirmative
demonstration of consent to the proposed action of the property owner
seeking the signatures, therefore, the inability to acquire a signature
still acts as a refusal, correct? Or does proper notice and lack of a
response waive an objection to the property owner's request to planning and
zoning?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
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I would look to the specific ordinance. If the ordinance requires affirmative consent from all abutting neighbors then the failure to obtain consent from any abutting neighbor means the applicant fails to satisfy the requirements of the ordinance. If the ordinance only requires notice to the abutting neighbor and lack of any objection from an abutting neighbor, then failure to obtain written consent may not be required.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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From: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, August 2, 2022 4:00 PM
To: oama@lists.imla.org
Subject: [Oama] Signature question for planning and zoning
A resident is attempting to get signatures of her abutting neighbors in preparation for a planning and zoning meeting (the municipality has an ordinance requiring that the abutting neighbors all consent in writing to the action this resident is wanting to take with her property). However, she is unable to get a response from one of the neighbors despite sending multiple certified letters and requests.
Correct me if I'm wrong, but signatures in this instance are an affirmative demonstration of consent to the proposed action of the property owner seeking the signatures, therefore, the inability to acquire a signature still acts as a refusal, correct? Or does proper notice and lack of a response waive an objection to the property owner's request to planning and zoning?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.