Updating Zoning Code
Municipality has a zoning code that has remained largely untouched since
the early 80s. City Council and Planning Zoning Committee are in agreement
it needs to be updated and want to wholesale update the whole thing rather
than go section by section. Does anyone have any recommendations or
suggestions regarding the best way to go about this? I know there are
probably uniform codes available to adopt, but I don't know which might be
better than others. Thanks in advance!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: 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.
Section B of the statute below covers the procedures for a wholesale revision of a zoning code. If the municipality doesn't want to spend the money to have a professional write a new code then I would suggest you go onto American Legal Publications site and find a zoning code you think will work and borrow it. Zoning codes range from simplistic to very complicated.
Oklahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXLIII-BuildingsandZoning Article Article XLIII - Buildings and Zoning
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 43-106 - Additional Notice Requirements for Proposed Zoning Changes and Reclassifications
Cite as: O.S. §, __ __
B. If a municipality 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, the governing body may require, in addition to the notice requirements provided for in Section 43-104 of this title, a sign to be posted 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. The notice shall state:
-
The date, time, and place of the public hearing;
-
Who will conduct the public hearing;
-
The desired zoning classification;
-
The proposed use of the property; and
-
Other information as may be necessary to provide adequate and timely public notice.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Friday, December 3, 2021 12:01 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Updating Zoning Code
Municipality has a zoning code that has remained largely untouched since the early 80s. City Council and Planning Zoning Committee are in agreement it needs to be updated and want to wholesale update the whole thing rather than go section by section. Does anyone have any recommendations or suggestions regarding the best way to go about this? I know there are probably uniform codes available to adopt, but I don't know which might be better than others. Thanks in advance!
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.
One of my towns paid a lot of money to re-write their zoning code (before my time) only to find the people didn’t want (or understand) it. I would start with the map. It will be easier if you can accommodate current uses. Then do some community education. Then rewrite the Code. Good luck!
Sent from my iPhone
On Dec 3, 2021, at 5:51 PM, david davis ddavislaw@live.com wrote:
Section B of the statute below covers the procedures for a wholesale revision of a zoning code. If the municipality doesn't want to spend the money to have a professional write a new code then I would suggest you go onto American Legal Publications site and find a zoning code you think will work and borrow it. Zoning codes range from simplistic to very complicated.
Oklahoma Statutes Citationized
[https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.oscn.net%2fImages%2fApplications%2fsearch%2fWDFolderOpen.gif&c=E,1,lC-0ONpaW6mVwMmmBVsfUCq-oE8BhzzdYDI4pzSuxbJOb8zVfaIS00nSbS2hE_23KvLZjtTMqvkBRsXxOTy20_FkFL9I8I8gzX4F--yLkMw7q3kHNzoNFm8jA0E,&typo=1] https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.oscn.net%252fapplications%252fOCISWeb%252findex.asp%253flevel%253d1%2526ftdb%253dSTOKST11%26c%3DE%2C1%2CQ9gMWDajGS8Z2nhJSW96pQj4Ii2G9kVCsIfl2gsJHD5g3OFSyu2hjy5JTf3OprEPRZFiB2RGZdE7w-Y5R_I2t64kVz2a9C2YczgDugYfSzZkVq8%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7Cfbedd4851c8248032aee08d9b6b7dd66%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637741723095214649%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FO6W%2BNLMSXvWATfta0gFNv1ptHGzwcaXMBFaFySWUjY%3D&reserved=0 Title 11. Cities and Towns
[https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.oscn.net%2fImages%2fApplications%2fsearch%2fWDFolderOpen.gif&c=E,1,QCS2UBm14CAR-V2suO65aMSZsZVo4-GEaBVOkkPGj07ojDsDEp2iLdr43FJYEC8BueGY7xdE7ICiW66EETmUwu_NZhWoVrhNeCfA8rPAm7iP3hZyYAUGjw,,&typo=1] https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.oscn.net%252fapplications%252fOCISWeb%252findex.asp%253flevel%253d1%2526ftdb%253dSTOKST11%2523Chapter1-OklahomaMunicipalCode%26c%3DE%2C1%2CSrJgPu-kbZyqN-fXYsG0fgJqAy_T2FU9CLctivOldUWfHLsrBNChSjDVwUJ6ZBQMTOTlOPJ5GgMDoJBcBIoe3fL9Fk4d6-M60LGPmo57DhNYc2ee_rO5PjBvDSI%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7Cfbedd4851c8248032aee08d9b6b7dd66%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637741723095214649%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=zbeA88e6Wm96JQs0oliR4355abMBNVlkkalwE2V%2BXs8%3D&reserved=0 Chapter 1 - Oklahoma Municipal Code
[https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.oscn.net%2fImages%2fApplications%2fsearch%2fWDFolderOpen.gif&c=E,1,qyeWwPIVzKD8r8-fRwVDgvG2_lEexZhW_bQfzEXUupAj3bNgZKlSn-hB6_u7KcqnMkXbwyC7alwHhKLG0qQE_BZacsa_Zs5IOsgAwibgQz72lvW9Fp-NpckNG7Q,&typo=1] https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.oscn.net%252fapplications%252fOCISWeb%252findex.asp%253flevel%253d1%2526ftdb%253dSTOKST11%2523ArticleXLIII-BuildingsandZoning%26c%3DE%2C1%2CQ3qpKjnacK7fwxR9D2c_dcQU9bKO4A8c_X2tkPT6m8luVmFdkClKf5s6tuk93oWWvaDbS1fHqMWGjaqTY-p0J2G3FGN-vX5ps5OjvUEML763%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7Cfbedd4851c8248032aee08d9b6b7dd66%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637741723095224599%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kwKTUvHD9pLsoGMQCPZ6cRuN6hEK%2Fg7g7UIW%2F9XIqXY%3D&reserved=0 Article Article XLIII - Buildings and Zoning
[https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.oscn.net%2fImages%2fApplications%2fsearch%2fWDDocument.gif&c=E,1,x-Lk2WorOTSN8ch8gQ5ZaSTDmSFwrqE5GWqQrV6-E9dMNPrtYNxhQk9xTKpaHSo9zQHS11kIJNvDTTh3eZxUcAePwQ6MwdSc--pjm7qe0x3vkAJbkYg,&typo=1] Section 43-106 - Additional Notice Requirements for Proposed Zoning Changes and Reclassifications
Cite as: O.S. §, __ __
B. If a municipality 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, the governing body may require, in addition to the notice requirements provided for in Section 43-104 of this title, a sign to be posted 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. The notice shall state:
-
The date, time, and place of the public hearing;
-
Who will conduct the public hearing;
-
The desired zoning classification;
-
The proposed use of the property; and
-
Other information as may be necessary to provide adequate and timely public notice.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Friday, December 3, 2021 12:01 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Updating Zoning Code
Municipality has a zoning code that has remained largely untouched since the early 80s. City Council and Planning Zoning Committee are in agreement it needs to be updated and want to wholesale update the whole thing rather than go section by section. Does anyone have any recommendations or suggestions regarding the best way to go about this? I know there are probably uniform codes available to adopt, but I don't know which might be better than others. Thanks in advance!
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.
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org