Okla. Stat. tit. 11, § 11-43-110
This is the official text of Okla. Stat. tit. 11, § 11-43-110, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Planned unit developments - Zoning ordinances -
Official statutory text
Required regulations - Notice and hearing - Consideration of
requests - Incorporation of other land development ordinances and
statutes.
A. As used in this section, "planned unit development" includes
cluster housing, planned residential and nonresidential development,
community unit plan, and other zoning requirements which are
designed to accomplish the objectives of a comprehensive plan and
zoning ordinance through a land development project review process
based on the application of site planning criteria to achieve
integration of the proposed land development project with the
characteristics of the project area.
B. A municipal governing body may establish planned unit
development requirements and procedures in a zoning ordinance which
permit flexibility in the regulation of land development; encourage
innovation in land use and variety in design, layout and type of
structures constructed; achieve efficiency in the use of land,
natural resources, energy and the providing of public services and
utilities; encourage useful open space; and provide better housing,
employment and shopping opportunities particularly suited to the
needs of the residents of the state. The review and approval of a
planned unit development shall be made by either the planning
commission or the governing body.
C. Within a designated planned unit development, conditions
relating to the use of land, including but not limited to, permitted
uses, lot sizes, setbacks, height limits, required facilities,
buffers, open space areas, lighting, signage, landscaping, parking
and loading, compatibility, and land use density shall be determined
in accordance with the planned unit development regulations
specified in the zoning ordinance. The planned unit development
conditions need not be uniform with regard to each type of land use
if equitable procedures recognizing due process principles and
avoiding arbitrary decisions have been followed in making regulatory
decisions.
D. The planned unit development regulations established by a
municipality shall specify the following:
1. The body which shall review and approve planned unit
development requests and amend the same;
2. The conditions which create planned unit development
eligibility, the persons and agencies involved in the review
process, if any, and the requirements and standards upon which
applications will be reviewed and approval granted; and
Oklahoma Statutes - Title 11. Cities and Towns Page 480
3. The procedures required for application, review and
approval.
E. Following receipt of a request for a planned unit
development, at least one public hearing shall be held. An
ordinance may provide for one or more preapplication conferences
before submission of a planned unit development request, and the
submission of preliminary site plans before the public hearing.
Notification of the public hearing shall be given by mail in the
same manner as required by Section 43-106 of this title for public
hearings on proposed zoning changes. In addition, a municipality
may require notice by posting and/or publication. Within a
reasonable time following the public hearing, the body responsible
for approving planned unit developments shall deny the request,
approve the request, or approve the request with conditions.
1. Should the ordinance require that the municipal governing
body amend the ordinance to act on the planned unit development
request, the planning commission shall conduct the public hearing
and make recommendations on the planned unit development request
which shall be transmitted to the municipal governing body for
consideration in making a final decision. If an amendment of a
zoning ordinance is required by the planned unit development
regulations of a municipal zoning ordinance, the requirements of
this act for amendment of a zoning ordinance shall be followed.
2. If the planned unit development regulations of a municipal
elopment request
which shall be transmitted to the municipal governing body for
consideration in making a final decision. If an amendment of a
zoning ordinance is required by the planned unit development
regulations of a municipal zoning ordinance, the requirements of
this act for amendment of a zoning ordinance shall be followed.
2. If the planned unit development regulations of a municipal
zoning ordinance do not require amendment of the ordinance to
authorize a planned unit development, the body charged in the zoning
ordinance with review and approval of planned unit developments may
approve, approve with conditions, or deny a request.
F. Final approvals may be granted on each phase of multiphased
planned unit developments if each phase contains the necessary
consideration of the natural environment and the health, safety, and
welfare of the users of the planned unit development and the
landowners immediately adjacent thereto.
G. In establishing planned unit development regulations, a
municipal governing body may incorporate by reference other
available and applicable ordinances or statutes which regulate land
development. The planned unit development regulations contained in
zoning ordinances shall encourage complementary relationships
between zoning regulations and other requirements affecting the
development of land.
requests - Incorporation of other land development ordinances and
statutes.
A. As used in this section, "planned unit development" includes
cluster housing, planned residential and nonresidential development,
community unit plan, and other zoning requirements which are
designed to accomplish the objectives of a comprehensive plan and
zoning ordinance through a land development project review process
based on the application of site planning criteria to achieve
integration of the proposed land development project with the
characteristics of the project area.
B. A municipal governing body may establish planned unit
development requirements and procedures in a zoning ordinance which
permit flexibility in the regulation of land development; encourage
innovation in land use and variety in design, layout and type of
structures constructed; achieve efficiency in the use of land,
natural resources, energy and the providing of public services and
utilities; encourage useful open space; and provide better housing,
employment and shopping opportunities particularly suited to the
needs of the residents of the state. The review and approval of a
planned unit development shall be made by either the planning
commission or the governing body.
C. Within a designated planned unit development, conditions
relating to the use of land, including but not limited to, permitted
uses, lot sizes, setbacks, height limits, required facilities,
buffers, open space areas, lighting, signage, landscaping, parking
and loading, compatibility, and land use density shall be determined
in accordance with the planned unit development regulations
specified in the zoning ordinance. The planned unit development
conditions need not be uniform with regard to each type of land use
if equitable procedures recognizing due process principles and
avoiding arbitrary decisions have been followed in making regulatory
decisions.
D. The planned unit development regulations established by a
municipality shall specify the following:
1. The body which shall review and approve planned unit
development requests and amend the same;
2. The conditions which create planned unit development
eligibility, the persons and agencies involved in the review
process, if any, and the requirements and standards upon which
applications will be reviewed and approval granted; and
Oklahoma Statutes - Title 11. Cities and Towns Page 480
3. The procedures required for application, review and
approval.
E. Following receipt of a request for a planned unit
development, at least one public hearing shall be held. An
ordinance may provide for one or more preapplication conferences
before submission of a planned unit development request, and the
submission of preliminary site plans before the public hearing.
Notification of the public hearing shall be given by mail in the
same manner as required by Section 43-106 of this title for public
hearings on proposed zoning changes. In addition, a municipality
may require notice by posting and/or publication. Within a
reasonable time following the public hearing, the body responsible
for approving planned unit developments shall deny the request,
approve the request, or approve the request with conditions.
1. Should the ordinance require that the municipal governing
body amend the ordinance to act on the planned unit development
request, the planning commission shall conduct the public hearing
and make recommendations on the planned unit development request
which shall be transmitted to the municipal governing body for
consideration in making a final decision. If an amendment of a
zoning ordinance is required by the planned unit development
regulations of a municipal zoning ordinance, the requirements of
this act for amendment of a zoning ordinance shall be followed.
2. If the planned unit development regulations of a municipal
elopment request
which shall be transmitted to the municipal governing body for
consideration in making a final decision. If an amendment of a
zoning ordinance is required by the planned unit development
regulations of a municipal zoning ordinance, the requirements of
this act for amendment of a zoning ordinance shall be followed.
2. If the planned unit development regulations of a municipal
zoning ordinance do not require amendment of the ordinance to
authorize a planned unit development, the body charged in the zoning
ordinance with review and approval of planned unit developments may
approve, approve with conditions, or deny a request.
F. Final approvals may be granted on each phase of multiphased
planned unit developments if each phase contains the necessary
consideration of the natural environment and the health, safety, and
welfare of the users of the planned unit development and the
landowners immediately adjacent thereto.
G. In establishing planned unit development regulations, a
municipal governing body may incorporate by reference other
available and applicable ordinances or statutes which regulate land
development. The planned unit development regulations contained in
zoning ordinances shall encourage complementary relationships
between zoning regulations and other requirements affecting the
development of land.
Status: in_force · Read it on the official government site
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