This title is known and may be cited as the PRYOR CREEK UNIFIED DEVELOPMENT ORDINANCE. For convenience, it is referred to herein as the "UDO". (Ord. 2018-16, 12-4-2018)

This UDO is adopted pursuant to the City Charter and the general authority granted by the Constitution and laws of the State of Oklahoma, including that contained in title 11 and 82 of the Oklahoma Statutes. (Ord. 2018-16, 12-4-2018)

The provisions of this UDO become effective on December 4, 2018, except as otherwise expressly stated. (Ord. 2018-16, 12-4-2018)

The provisions of this UDO apply to all public and private use and development of properties within the corporate limits of the City of Pryor Creek, except as provided by State or Federal law or as otherwise expressly stated in this UDO. (Ord. 2018-16, 12-4-2018)

This UDO is adopted for the purposes of:

   A.   Protecting and promoting the public health, safety and general welfare; and

   B.   Implementing the policies and goals of the comprehensive plan and other relevant, officially adopted plans of the City. (Ord. 2018-16, 12-4-2018)

   A.   The provisions of this UDO are the minimum requirements deemed necessary to carry out the UDO's stated purposes.

   B.   In addition to the requirements of this UDO, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.

   C.   All references in this UDO to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the City to enforce regulations imposed by other government authorities. (Ord. 2018-16, 12-4-2018)

   A.   Land may not be used for any purpose other than one that is allowed by the provisions of this UDO.

   B.   A building or structure may not be erected, located, moved, reconstructed, extended or structurally altered except as allowed by this UDO.

   C.   Buildings, structures and land may be used and occupied only in compliance with the provisions of this UDO.

   D.   All lots created or modified must comply with all applicable provisions of this UDO. (Ord. 2018-16, 12-4-2018)

   A.   Conflict With State Or Federal Regulations: If the provisions of this UDO are inconsistent with State or Federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

   B.   Conflict With Other City Regulations: If the provisions of this UDO are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

   C.   Conflict With Private Agreements And Covenants: This UDO does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this UDO impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this UDO govern. The City is not responsible for monitoring or enforcing agreements or covenants among private parties. (Ord. 2018-16, 12-4-2018)

   A.   Meanings And Intent: Words and terms expressly defined in this UDO including those defined in chapter 20 of this title have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this UDO have their ordinary dictionary meaning.

   B.   Computation Of Time:

      1.   References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular City government working days, excluding Saturdays, Sundays and holidays observed by City government.

      2.   The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by City government, that day is excluded.

      3.   A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.

   C.   Tenses And Usage:

      1.   Words used in the singular include the plural. The reverse is also true.

      2.   Words used in the present tense include the future tense. The reverse is also true.

      3.   The words "must", "will", "shall" and "may not" are mandatory.

      4.   The word "may" is permissive, not mandatory or required.

      5.   When used with numbers, "up to x", "not more than x" and "a maximum of x" all include "x".

      6.   The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.

      7.   The words "used" and "occupied" include "intended, designed or arranged to be used or occupied".

   D.   Conjunctions: Unless the context otherwise expressly indicates, conjunctions have the following meanings:

      1.   "And" indicates that all connected items or provisions apply; and

      2.   "Or" indicates that the connected items or provisions may apply singularly or in combination.

   E.   Headings And Illustrations: Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this UDO. In case of any difference of meaning or implication between the text of this UDO and any heading, drawing, table, figure or illustration, the text governs.

   F.   Versions And Citations: All references in this UDO to other City, State or Federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, UDO requirements for compliance are no longer in effect.

   G.   Lists And Examples: Unless otherwise expressly indicated, lists of items or examples that use "including", "such as", or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

   H.   Delegation Of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this UDO expressly prohibit such delegation.

   I.   Public Officials And Agencies:

      1.   Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the City of Pryor Creek or individuals or agencies legally authorized to act on behalf of the City of Pryor Creek.

      2.   References in this UDO to the "City" are references to the City of Pryor Creek.

      3.   References in this UDO to the "City Council" are references to the Pryor Creek City Council.

      4.   References in this UDO to the "Planning Commission" are references to the Pryor Creek Planning Commission.

      5.   References in this UDO to the "Board of Adjustment" are references to the City of Pryor Creek Board of Adjustment.

      6.   References in this UDO to the "Community Development Director" are references to the Community Development Director of the City of Pryor Creek. (Ord. 2018-16, 12-4-2018)

   A.   Establishment: The location and boundaries of the zoning districts defined in this UDO must be established by ordinance and shown on the City's official zoning map, which must be maintained under the direction of the Community Development Director.

   B.   Maintenance And Updates: The Community Development Director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings).

   C.   District Boundaries: Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights- of-way, as those features were of record at the time of adoption.

   D.   Map Interpretations: Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the Community Development Director is authorized to make an interpretation in accordance with the procedures of section 10-15-10 of this title. The following rules apply to all map interpretations:

      1.   A boundary shown on the zoning map as approximately following the shoreline or centerline of a river, stream, lake or other watercourse will be construed as following the actual shoreline or centerline of the watercourse. If, subsequent to the establishment of the boundary, the shoreline or centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the shoreline or centerline of the watercourse.

      2.   A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

      3.   A boundary shown on the zoning map as approximately following lot lines or other lot boundaries will be construed as following such lot lines or lot boundaries.

      4.   A boundary shown on the zoning map as approximately following a street or railroad right-of-way line will be construed as following the centerline of the street or railroad right-of-way.

      5.   A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.

      6.   A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

   E.   Zoning Of Annexed Land: When land is annexed or otherwise brought into the zoning jurisdiction of the City, it may be classified in the RS District or assigned another zoning classification based on the comprehensive plan, existing land uses, any applicable annexation agreement and other relevant considerations. (Ord. 2018-16, 12-4-2018)

The provisions of this section address the transition to this UDO from the zoning, subdivision and flood protection regulations in effect immediately preceding the effective date specified in section 10-1-3 of this chapter. These regulations were previously codified as titles 10, 11 and 12 of this Code, respectively.

   A.   Applications, Permits And Approvals:

      1.   Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in section 10-1-3 of this chapter may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this UDO. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this UDO.

      2.   Complete applications for PUDs, development plans, subdivision plats, floodplain development permits, special exceptions, variances and other zoning-, subdivision- or flood protection- related approvals that are pending approval on the effective date specified in section 10-1-3 of this chapter must be reviewed wholly under the terms of the applicable regulations in effect immediately preceding the effective date specified in section 10-1-3 of this chapter. Building permits for construction and development approved under such zoning approvals may be issued in accordance with subsection A3 of this section.

      3.   The Community Development Director is authorized to issue building permits for construction or development approved before the effective date specified in section 10-1-3 of this chapter and for developments pending approval under subsection A2 of this section, even if such building, development or structure does not fully comply with provisions of this UDO. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this UDO.

      4.   When a use classified as a special exception under this UDO exists as an approved special exception or permitted use on the effective date specified in section 10-1-3 of this chapter, that use will be considered a lawfully established special exception under this UDO. When any amendment to this UDO changes the classification of a permitted use to a special exception, any use lawfully established before such amendment will be considered a lawfully established special exception after the effective date of the amendment. A lawfully established existing use that is not allowed as a special exception or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of chapter 17 of this title.

   B.   Zoning District Name Conversions: The zoning district names in effect before the effective date specified in section 10-1-3 of this chapter are converted in this UDO as indicated in table 1-1 of this section.

 

   C.   Violations: The adoption of this UDO does not affect any pending or future prosecution of, or action to abate, violations of the previous UDO that occurred before the effective date specified in section 10-1-3 of this chapter. (Ord. 2018-16, 12-4-2018)

The City Council is expressly authorized to avoid the preemptive force of any provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by any one or more of the following actions:

   A.   Changing the policy or practice that results in a substantial burden on religious exercise;

   B.   Retaining the policy or practice and exempting the substantially burdened religious exercise;

   C.   Providing exemptions from the policy or practice for applications that substantially burden religious exercise; or

   D.   Any other means that eliminates the substantial burden on religious exercise. (Ord. 2018-16, 12-4-2018)

If any portion of this UDO is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the UDO and in no way affects or diminishes the validity of the remainder of the UDO. (Ord. 2018-16, 12-4-2018)