A.

Title. This document is known, and may be cited as, the City of Broken Arrow, Oklahoma, Zoning Ordinance.

B.

Short title. References to "this Code" or "this ordinance" are interpreted as references to this document.

This ordinance is enacted pursuant to the provisions of O.S. § 11-43-101 et seq.

The provisions of this ordinance are enacted to protect the public health, safety, and general welfare, and to implement the policies of the Broken Arrow Next Comprehensive Plan. The provisions are specifically intended to:

A.

Promote a healthful and convenient distribution of population by regulating and limiting the density of development;

B.

Ensure greater public safety, convenience, and accessibility through the physical design and location of land use activities;

C.

Encourage the efficient use of the available land supply in the City, including redevelopment of underutilized land in central areas;

D.

Preserve the character and quality of residential neighborhoods;

E.

Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks;

F.

Ensure the provision of adequate open space for light, air, and fire safety; and

G.

Conserve the value of buildings and land.

A.

Municipal boundaries. The provisions of this ordinance shall apply to all land, buildings, structures, and land uses located within the City of Broken Arrow, unless an exemption is provided by the terms of this ordinance.

B.

Annexed territory.

1.

Whenever any vacant property is annexed into the City of Broken Arrow, the property shall be zoned as "AG," agricultural district. In addition, any portion of such property designated as 100-year floodplain shall be classified as "FD," floodplain district.

2.

Whenever any individual unplatted property is occupied by a lawful existing use and a viable structure is annexed into the City of Broken Arrow, the property may be assigned a zoning district by the City Council that most closely corresponds to the actual primary use of the property.

3.

Whenever any platted subdivision of land is annexed into the City of Broken Arrow, and (a) any lot or block of the annexed land is occupied by a lawful existing use and viable structure, and (b) said use is in conformity with the Broken Arrow Next Comprehensive Plan, then the subdivision may be assigned a zoning district by the City Council that most closely corresponds to the actual primary use of the occupied portion of the subdivision. Any vacant lots may be built upon after annexation under the applicable building codes, this ordinance, and other requirements of the City.

4.

The Community Development Director shall investigate and recommend the most appropriate zoning district for consideration by the City Council. The determination of the most appropriate recommendation shall be that district having the least density, but allowing the primary use to be a lawful and conforming use by right. In the event more than one recommendation would meet this requirement, the determination of the appropriate recommendation will be made in accordance with the zoning district that would have the fewest significant, nonconforming physical requirements.

5.

All such property shall be subject to all provisions of this ordinance. Annexed territory shall remain within the zoning district assigned at the time of annexation until rezoned to another classification in the manner prescribed in Section 6-3-4.2, Zoning Map Amendment (Rezoning).

6.

No new use may be commenced on any property without obtaining the appropriate zoning district.

7.

Any land that was once annexed to the City of Broken Arrow and that was later de-annexed shall be assigned to AG, agricultural district, upon any subsequent annexation.

8.

On the effective date of this ordinance, any property designated with an "A-" prefix on the Official Zoning Map shall lose such prefix and shall instead only be designated with the base zoning district established in Table 2-1-2.1, Zoning Districts Established. For example, a property with a designation of A-RE prior to the effective date of this ordinance shall be zoned RE upon adoption of this ordinance.

C.

Application to governmental agencies. To the extent allowed by law, the provisions of this ordinance shall apply to all land, buildings, structures, and uses owned by government agencies in the City of Broken Arrow. Where the provisions of this ordinance do not legally control such land, buildings, structures, and uses owned by government agencies, such agencies are encouraged to meet the provisions of this ordinance.

D.

Compliance required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this ordinance. No lot of record that did not exist on the effective date of this ordinance shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this ordinance.

E.

Zoning clearance permit. Any commercial or industrial building permit applicant with a tenant change or business use change that commences on or after February 1, 2015, within the Area 6 and 7 of the DROD and DM, DF, ON, CN, CG, CH, CM, IL and IH zoning districts, or a part of these districts shall obtain a zoning clearance permit in accordance with Section 6-3-3.2, Zoning Clearance Permit.

A.

Minimum requirements. The provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, and welfare.

B.

Conflict with other public laws, ordinances, regulations, or permits. This ordinance is intended to complement other City, state, and federal regulations that affect land use. This ordinance is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Director, shall govern.

C.

Conflict with private agreements. This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this ordinance. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

D.

Internal conflicts.

1.

Where the text of this ordinance conflicts with its tables or illustrative material, the text controls.

2.

Where a table of this ordinance conflicts with an illustration, the table controls.

A.

Purpose. The purpose of transitional regulations is to clarify the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations, at the time of the adoption of this ordinance.

B.

Violations continue. Any violation of the previous zoning ordinance shall continue to be a violation under this ordinance and shall be subject to the penalties and enforcement set forth in Chapter 8, Enforcement and Remedies, unless the use, development, construction, or other activity complies with the provisions of this ordinance. Payment shall be required for any civil penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this ordinance.

C.

Uses, structures, and lots rendered conforming. A use, structure, or lot not lawfully existing at the time of the adoption of this ordinance is deemed lawful and conforming as of the effective date of this ordinance, provided it conforms to all of the requirements of this ordinance.

D.

Uses, structures, and lots rendered nonconforming.

1.

When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this ordinance, and this ordinance no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Chapter 7, Nonconformities.

2.

Where any building, structure, or lot that legally existed on the effective date of this ordinance does not meet all standards set forth in this ordinance, such building, structure, or lot shall be considered nonconforming and shall be controlled by Chapter 8, Nonconformities.

E.

Processing of applications commenced or approved under previous ordinances.

1.

Pending applications.

a.

Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate deciding body prior to the effective date of this ordinance, shall be reviewed in accordance with the ordinance in effect on the date the application was deemed complete. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this ordinance. Any re-application for an expired project approval shall meet the standards in effect at the time of reapplication.

b.

An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the effective date of this ordinance, may request review under this ordinance by a written letter to the Director.

2.

Preliminary PUD approvals. An application for which preliminary approval of a planned unit development (PUD) was granted prior to the effective date of this ordinance may be processed for a final decision in accordance with the preliminary approval, and applicable terms of the ordinance in place at the time of preliminary approval, even if the application does not comply with one or more requirements set forth in this ordinance. Preliminary approvals granted under the previous zoning ordinance may be extended no more than once, and for no longer than six months.

3.

Approved projects.

a.

Specific use permits, site plan approvals, building permits, and variances that are valid on February 1, 2008, shall remain valid until their expiration date. Projects with valid approvals or permits may be completed with the development standards in effect at the time of approval.

b.

Any building or development for which a building permit was granted prior to the effective date of this ordinance may be permitted to proceed to construction.

c.

If the development for which the building permit is issued prior to the effective date of this ordinance fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the requirements of this ordinance.

A.

Other provisions. If any court of competent jurisdiction invalidates any provision of this ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision of this ordinance.

B.

Other buildings, structures, or uses. If any court of competent jurisdiction invalidates the application of any provision of this ordinance, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

C.

Conditions of approval. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

The effective date of this ordinance is the later of:

A.

November 7, 2023; or

B.

The date that the City Council adopts the Official Zoning Map.

A.

Acknowledgment and implementation. This ordinance acknowledges and implements the goals, objectives, and recommendations for the City, as reflected in the Broken Arrow Next Comprehensive Plan and other adopted policy documents that apply to the City.

B.

Noncompliance. While this ordinance conforms to adopted planning policies, no provision of this ordinance may be challenged merely on the basis of an alleged noncompliance with the Broken Arrow Next Comprehensive Plan or other plan or policy.