The Oklahoma Bar Journal November 2022

THE OKLAHOMA BAR JOURNAL 10 | NOVEMBER 2022 Municipal Planning and Zoning: An Overview of State Statutes and Standards for Review By Beth Anne Childs THE 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 standardize 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 commissions 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 The purpose of zoning regulations is to promote the health, safety and welfare of Oklahoma communities. This generally requires boards and commissions 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 standards for review, particularly at the trial court level. Municipalities are authorized to enact zoning regulations to promote the health, safety and welfare 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 Adjustment.6 The municipality’s power to enact zoning ordinances is legislative, while the Board of Adjustment’s power is adjudicative in nature.7 PLANNING AND ZONING COMMISSION The Planning Commission is tasked with recommending the boundaries of the various original districts as well as appropriate 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 governing 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 without pay, except in cities having a population of more than 200,000, and in that case, the commissioners 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, highlighted duties and responsibilities of the Planning Commission include making recommendations to the governing body on community development issues, including: The zoning ordinance and zoning map amendments; Preliminary and final subdivision plats; 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 Municipal Law

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