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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3597 By: McBride
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S.
2021, Section 43-103, which relates to buildings and
zoning; clarifying the procedure for when a conflict
exists between municipal zoning laws and
comprehensive plans; specifying that comprehensive
plans shall not be legally binding ; establishing that
applications for rezoning that conform to
comprehensive plans shall be approved except in
specified instances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 43-103, is
amended to read as follows :
Section 43-103. A. Municipal regulations as to buildings,
structures and land shall be made in accordance with a comprehensive
plan and be designed to accomplish any of the following objectives:
1. To lessen congest ion in the streets;
2. To secure safety from fire, panic and o ther dangers;
3. To promote health and the general welfare, including the
peace and quality of life of the district;
4. To provide adequate light and air;
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5. To prevent the overcrowding of l and;
6. To promote historical p reservation;
7. To avoid undue concentration of population; or
8. To facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. The
regulations shall be made with re asonable consideration, among o ther
things, as to the characte r of the district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the municipal ity. The governing body shall provide the
manner in which regulations, restrictions and district boundaries
shall be determined, established and enforced, and amended,
supplemented or changed .; or
B. Where a conflict exists between application of a
municipality's zoning laws or regulation s and the municipality 's
comprehensive plan, the zoning laws and regulations shall prevail
over the comprehensive plan . A comprehensive plan shall not be
legally binding. A comprehensive plan shall be considered a
flexible plan that is merely a guide and advisory in nature.
Further, if an application for rezoning is presented to a
municipality and the proposed rezoning requests land use
designations for the property that are in conformity to the land use
designations in the municipality 's adopted comprehensive plan, and
there are no reasonably verifiable and objective facts to support a
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determination that the aspects of the proposed rezoning s other than
its land use designations will result in harm to the public 's
health, safety, or general welfare, then the rezoning application
shall be approved.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8786 MJ 12/09/21