This document is referred to as the Shawnee Unified Development Code or the UDC.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Generally. This UDC:

1.

Implements Shawnee's comprehensive plan;

2.

Promotes the public health, safety, morals, or general welfare;

3.

Protects and preserves places and areas of historical, cultural, or architectural importance and significance;

4.

Maintains and stabilizes property values;

5.

Creates a comprehensive and stable pattern of land uses and public facilities; and

6.

Provides for efficient and effective processing of zoning and land use applications.

B.

Establishment. In interpreting and applying this UDC, this UDC establishes the minimum requirements to promote public safety, health, and general welfare.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Oklahoma state law. The following titles and sections of the laws of the State of Oklahoma authorizing the exercise of authority in this UDC include, but are not limited to:

1.

11 O.S. § 14-101 (Municipal Ordinances—Authority).

2.

11 O.S. § 22-109.1 (Location of Adult Novelty Shops).

3.

11 O.S. § 36-101 (Power of Municipalities).

4.

11 O.S. § 36-509 (Zoning, Land Use, Planning and Permitting Authority—Exclusions).

5.

11 O.S. § 41-101 (Survey and Plat for Subdivisions or Proposed Municipality).

6.

11 O.S. § 41-102 (Lots to be Numbered and Described in Plat).

7.

11 O.S. § 41-106 (Approval by Municipal Governing Body Before Plat is Recorded).

8.

11 O.S. § 42-106 (Vacation of Plat by Written Agreement of Owners).

9.

11 O.S. § 43-101 (General Power of Municipalities).

10.

11 O.S. § 43-102 (Establishing Districts Within Municipality).

11.

11 O.S. § 43-103 (Purpose of Regulations—Comprehensive Plan).

12.

11 O.S. § 43-104 (Notice and Public Hearing of Proposed Regulations).

13.

11 O.S. § 43-105 (Amendments or Changes of Regulations, Restrictions, and Boundaries—Protests).

14.

11 O.S. § 43-106 (Additional Notice Requirements for Proposed Zoning Changes and Reclassifications).

15.

11 O.S. § 43-107 (Injunction for Violations of Regulations).

16.

11 O.S. § 43-110 (Planned Unit Developments).

17.

11 O.S. § 47-113 (Scope of Control of Subdivisions—Review of Plats).

18.

11 O.S. § 47-114 (Subdivision Regulations).

19.

11 O.S. § 47-115 (Procedure for Approval Plats).

20.

11 O.S. § 47-116 (Unapproved Plats not Entitled to Record)

B.

Exercise of Powers. This UDC is adopted in the exercise of the power granted by municipalities by these statutes and the Shawnee City Charter.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Generally. This UDC applies to all regulations and other matters pertaining to the use and development of land, including zoning, subdivisions, platting, floodplains, and infrastructure and they relate to the purpose and intent of this UDC and enumerated below.

B.

Zoning regulations. Zoning regulations, including zoning districts, land uses, and development standards, in this UDC apply to all areas within Shawnee's corporate limits.

C.

Subdivision regulations. Subdivision and platting regulations in this UDC apply to all areas within Shawnee's corporate limits.

D.

Building permits.

1.

Any reference to the issuance of building permits by the city applies only to Shawnee's corporate limits, unless the property owner has contracted through subdivision plat restrictions, or another legal instrument, to extend the city's authority to issue building permits for construction on its property.

2.

Any reference to the authority of the city to inspect the construction of necessary subdivision improvements applies within Shawnee's corporate limits unless the property owner so contracted with the city through subdivision plat restrictions or another legal instrument.

E.

Easements, covenants, and private agreements. This UDC does not interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

The city finds that this UDC is consistent with its comprehensive plan. The comprehensive plan policies provide guidance in the evaluation of future decisions relevant to municipal planning.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Generally. If this UDC imposes a greater restriction upon the use of buildings or premises or building height or requires larger open spaces than are required by other ordinances, rules, regulations, easements, covenants, or agreements, this UDC governs.

B.

Conflict with state or federal regulations. If the provisions of this UDC 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.

C.

Conflict with other city regulations. If the provisions of this UDC are inconsistent with one another or 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.

D.

Conflict with plat restrictions.

1.

Nothing in this UDC invalidates any plat restriction authorized by the planning commission or city commission nor any provision of adopted building codes.

2.

Building setback lines included in a recorded subdivision plat approved by the planning commission control over general setback provisions required under the zoning provisions of this UDC.

E.

Conflict with building code requirements.

1.

No building setback shall be less than that specified for the type of construction proposed by adopted building codes.

2.

The board of adjustment has no authority to reduce any building setback required under adopted building codes.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

This UDC does not abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. However, if the provisions of this UDC are more restrictive or impose higher standards than any private restriction, the requirements of this UDC control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this UDC, the private restrictions control if properly enforced by a person having the legal right to enforce those restrictions. The city does not enforce private restrictions.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

If any article, section, paragraph, subdivision, clause, phrase, or provision of this UDC is, for any reason, adjudged invalid or held to be unconstitutional, the invalidity or unconstitutionality of that particular article, section, paragraph, subdivision, clause, phrase or provision so declared does not affect the validity or constitutionality of the remaining provisions of this UDC, but the same, and each of them, remain in full force and effect.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Repeal. Any ordinance inconsistent with the terms and provisions of this UDC is repealed. That repeal, however, is only to the extent of any inconsistency. In all other respects, this ordinance is cumulative of other ordinances regulating the same subject matter.

B.

Fire prevention, health, sanitation, and safety. Any inconsistency does not reduce the requirements of those regulations pertaining to fire prevention, health, sanitation, or safety of persons or property enacted by the city. If any restriction, prohibition, or provision of this UDC conflict with those provisions or any laws of the State of Oklahoma, or with regulations of state or federal regulatory bodies having jurisdiction:

1.

If the provision of this UDC is not preempted, the more restrictive restriction, regulation, prohibition, or provision applies; or

2.

If the state or federal law preempts a provision of this UDC, the state or federal law applies.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

This UDC takes effect upon adoption of the ordinance from which it is derived by the city commission. The provisions of this UDC supersede all other development regulations governing the development of land within the city. All development applications and proposals filed on or after the effective date of the ordinance from which this UDC is derived, whether for new developments or for additions or expansions of existing developments, shall be processed in accordance with the standards and requirements and pursuant to the procedures established in this UDC.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)