The Oklahoma Bar Journal November 2022

M unicipal L aw

Municipal Planning and Zoning: An Overview of State Statutes and Standards for Review By Beth Anne Childs T HE IDEA OF THE PLANNING COMMISSION originated in the Standard Planning and Zoning Enabling Acts. 1 These were developed under Herbert Hoover in the 1920s when he served as secretary of commerce. 2 The model ordinances were drafted in order to stan dardize land use planning procedures across the United States. 3 Almost all states adopted the Standard Acts, which authorized cities, towns and counties to establish planning com missions and adopt zoning and subdivision requirements. The acts defined and established essential duties of the planning commissions and boards of zoning appeals or adjustment. 4

Adjustment. 6 The municipality’s power to enact zoning ordinances is legislative, while the Board of Adjustment’s power is adjudica tive in nature. 7

The purpose of zoning regu lations is to promote the health, safety and welfare of Oklahoma communities. This generally requires boards and commis sions to weigh the rights of those seeking rezoning or a particular land use with the rights of nearby property owners. Most citizens, however, do not think much about planning and zoning decisions until their own properties are impacted. This article provides a basic summary of state statutes and a basic overview of the stan dards for review, particularly at the trial court level. Municipalities are authorized to enact zoning regulations to pro mote the health, safety and wel fare of the community. 5 However, in order to enforce zoning codes, cities and towns must have both a Planning Commission (Zoning Commission) and a Board of

population of more than 200,000, and in that case, the commission ers may receive per diem as set by the governing body. 12 In addition to the duties set forth in 11 O.S. §45-101 through 45-106, high lighted duties and responsibili ties of the Planning Commission include making recommenda tions to the governing body on community development issues, including: The zoning ordinance and zoning map amendments; Preliminary and final sub division plats;

PLANNING AND ZONING COMMISSION

The Planning Commission is tasked with recommending the boundaries of the various orig inal districts as well as appro priate regulations to be enforced therein. 8 The commission consists of not less than five citizens, all of whom must be residents of the municipality. 9 The members are to be nominated by the mayor and confirmed by the govern ing body. 10 Each member serves for a term of three years, with appointments to fill vacancies for any unexpired term. 11 Planning Commission members serve with out pay, except in cities having a

Special permits; Land use plans;

Capital improvement plans; Updating the comprehensive plan; Providing an opportunity

for long-term, in-depth study of major issues; and

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THE OKLAHOMA BAR JOURNAL