Okla. Admin. Code § 120:10-5-11.1

Current through Vol. 42, No. 4, November 1, 2024

Section 120:10-5-11.1 - Planned Unit Development (PUD)

(a)General description.

(1) It is the intent of this Section to encourage unified design of housing, commercial, industrial or institutional areas and facilities, or combinations thereof, to provide for integrated developments having harmony design and variety of function. It is not intended to permit a greater density of uses different from those set forth in the regulations of the district in which the development is located, but this Section is to provide for a greater flexibility in the design of buildings, yards, courts, and circulation, that would otherwise be possible through strict application of district regulations, and to produce:

(A) A maximum choice in the types of environment and living units available to the public.

(B) Open space and recreation areas. A pattern of development which preserves trees and outstanding natural topography.

(C) A creative approach to the use of land and related physical development.

(D) An efficient use of land which preserves and takes advantage of existing utility and street networks and thereby lower housing cost.

(E) An environment of stable character in harmony with surrounding development.

(F) A more desirable environment that would be possible through the strict application of sections of this Chapter.

(2) The Planned Unit Development section is designed to provide for small and large scale developments incorporating a single type or variety of residential land and related uses which are planned and developed as a unit. Such developments may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan which is related to and effects the long-term value of the homes and other developments.

(b)Applicability. A Planned Unit Development (PUD) may be authorized, provided that all of the following provisions are complied with:

(1)Location. A Planned Unit Development (PUD) shall be permitted in any district except the Single Family Residential District (RD-1) and Low Density General Residential District (RD-2).

(2)Design characteristics. The proposed Planned Unit Development shall be designed to provide for the unified development of the area and in accordance with the spirit and purpose of the district in which the unit is located. The design may provide for the modification of yard, set back and height requirement, but the use, density, intensity of use and dimensions established for design of courts shall not be reduced.

(3)Minimum site size. The minimum size of the site upon which a Planned Unit Development shall be located shall not be less than areas for commercial development, not less than areas for residential developments, and not less than areas for industrial, education, medical and other types of institutional development.

(4)Off-street parking. The off-street parking requirements set forth in Subchapter 7 of this Chapter may be complied with by providing 1 or more permanent, common, off-street parking facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use, and that the space provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers and service. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use, and shall be under the ownership or permanent control of the owners of the use for which the spaces are required.

(5)Site development plan. The developer shall submit a site development plan for the proposed development in support of the application for a Planned Unit Development permit. This application shall be considered the same as a rezoning request and the same procedure shall be followed concerning application, Zoning Commission review and public hearings. Upon approval by the Commission, the site development plan shall become a part of the zoning district's map. The plan may provide for staged development of the project and shall indicate so on the plan.

(6)Plan changes. Any substantial deviation from the plans submitted at the time of the rezoning shall constitute a violation of the rezoning and substantial change in plans shall be re-submitted for review following the same procedure required in the original adoption of the plan. The Director shall interpret what constitutes a "substantial" deviation or change in the plan.

(7)Time limit. The construction of the Planned Unit Development shall be started within 2 years of the effective date of approval of the plan by the Commission. Failure to begin the development within said 2 years shall automatically void the development and the land shall revert to the same zoning classification which existed immediately preceding the approval of the Planned Unit Development.

(8)Homes association. A Homes Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities including streets, drives, service and parking areas, and recreation areas.

Okla. Admin. Code § 120:10-5-11.1

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg 2216, eff 7-25-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017