Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1545 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to cities and towns; creating the Yes
7 In God's Backyard Act; providing short title;
8 providing legislative intent; defining terms;
8 allowing faith-based organizations to apply to
9 construct certain project; providing certain
9 requirements for certain project; requiring municipal
10 approval within certain time frame; prohibiting
10 municipality from taking certain actions; preempting
11 certain zoning regulations; permitting certain
11 benefits for certain projects; providing for certain
12 ineligibility; requiring the Oklahoma Housing Finance
12 Agency to monitor certain compliance; providing for
13 noncodification; providing for codification; and
13 declaring an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law not to be
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18 codified in the Oklahoma Statutes reads as follows:
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19 A. This act shall be known and may be cited as the "Yes In
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20 God's Backyard Act".
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21 B. 1. It is the policy of this state, in order to address
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22 housing shortages and enhance affordability of housing, to authorize
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23 faith-based organizations to develop affordable housing as a use-by-
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24 right on properties owned by such organizations.
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1 2. This act aims to leverage underutilized properties owned by
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2 faith-based organizations for community benefit by increasing
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3 housing access, reducing regulatory barriers, and promoting mixed-
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4 use community-focused development.
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5 3. The approval of projects under the provisions of this act
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6 are to be made based on objective and transparent standards,
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7 ensuring both operational flexibility for faith-based organizations
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8 and alignment with local housing needs.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 38-150 of Title 11, unless there
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11 is created a duplication in numbering, reads as follows:
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12 As used in this act:
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13 1. "Active ground floor" means a portion of the ground floor of
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14 a structure dedicated to public-facing or commercial uses,
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15 including, but not limited to, retail spaces, restaurants, or
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16 community centers;
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17 2. "Affordable housing" means housing units designated for
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18 households earning no more than eighty percent (80%) of the Area
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19 Median Income (AMI), as defined by the United States Department of
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20 Housing and Urban Development (HUD) income limits and rent schedules
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21 that are mandated to maintain affordability restrictions for a
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22 minimum period of thirty (30) years;
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1 3. "Ancillary uses" means additional uses within eligible
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2 developments that support and complement the primary mission of the
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3 faith-based organization, including, but not limited to:
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4 a. child care,
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5 b. social services,
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6 c. educational spaces, and
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7 d. small-scale commercial spaces, including, but not
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8 limited to, bookstores, caf�s, or food distribution
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9 centers, that are less than or equal to three thousand
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10 (3,000) square feet in area;
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11 4. "Development site" means land owned, leased, or controlled
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12 by a faith-based organization that is eligible for residential,
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13 commercial, or mixed-use development. This term includes sites
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14 located in an area zoned for single-family, duplex, commercial,
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15 office, institutional, civic, and multifamily zones, but does not
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16 include sites in an area zoned for light and heavy industrial use
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17 unless residential uses are specifically permitted by such zoning;
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18 5. "Faith-based organization" means a religious institution,
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19 including a church, temple, mosque, synagogue, or religious higher
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20 education institution, that directly owns or leases a development
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21 site involved in a project;
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22 6. "Housing unit" means a residential dwelling, including an
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23 apartment, townhome, or single-family residence, that is intended
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1 for use by one household and provides such household with areas for
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2 living, sleeping, cooking, and sanitation;
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3 7. "Mature trees" means trees on a development site that have
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4 either:
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5 a. a minimum trunk diameter of twelve (12) inches
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6 measured at four and one-half (4 1/2) feet above
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7 ground level, or
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8 b. a height of thirty-five (35) feet or more above ground
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9 level;
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10 8. "Ministerial review" means a nondiscretionary approval
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11 process based on whether a project is eligible under the provisions
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12 of this act and on objective planning and zoning standards, not
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13 including public hearings or subjective local review. If a
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14 municipality does not have planning or zoning standards, such
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15 approval process shall only be based on whether a project is
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16 eligible under the provisions of this act;
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17 9. "Mixed-use development" means a project that includes both a
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18 residential use and an ancillary use;
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19 10. "Net habitable square feet" means the total floor area of a
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20 building that is finished, heated, and fully enclosed. Such term
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21 shall not be construed to include spaces including, but not limited
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22 to, garages, parking areas, or unfinished attics or basements;
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1 11. "Project" means any proposed residential, commercial, or
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2 mixed-use development, construction, or renovation undertaken by a
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3 faith-based organization on an eligible development site;
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4 12. "Public benefit incentive" means an additional allowance or
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5 bonus granted to a project in exchange for providing public
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6 benefits, such as affordable housing, community services, or the
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7 preservation of mature trees;
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8 13. "Serviced lot" means a legal parcel of land connected to
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9 both municipal water and sewer systems in a manner that enables
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10 higher-density development and reduces environmental constraints;
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11 14. "Setback" means the minimum distance required between a
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12 building and the front, rear, and sides of the boundaries of a
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13 property, as specified by local zoning regulations, to ensure space
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14 for public infrastructure, privacy, and emergency access; and
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15 15. "Steep slope" means any land area with a rise of ten (10)
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16 feet or more over a horizontal distance of twenty-five (25) feet,
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17 with an inclination of at least forty percent (40%), that requires
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18 additional stabilization measures during development.
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19 SECTION 3. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 38-151 of Title 11, unless there
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21 is created a duplication in numbering, reads as follows:
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22 A. A faith-based organization may apply for approval to
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23 construct a project on a development site located within a
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Req. No. 2761 Page 5
1 municipality. Such organization shall demonstrate that such
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2 project:
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3 1. Shall be controlled or operated by the faith-based
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4 organization, through either direct ownership or a long-term lease
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5 of no less than fifty-five (55) years;
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6 2. Is located on a development site allowing for the proposed
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7 usage of such project;
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8 3. Complies with all applicable building, fire, health, and
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9 safety codes;
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10 4. Complies with nondiscrimination rules as defined by the
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11 federal Fair Housing Act; and
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12 5. Has designated all properties or units for residential use
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13 as affordable housing. Up to forty percent (40%) of properties or
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14 units for residential use may not be designated as affordable
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15 housing if such properties or units are to be reserved exclusively
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16 for:
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17 a. on-site managers,
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18 b. security personnel, or
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19 c. staff employed by the faith-based organization or
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20 religious personnel, such as clergy, who require on-
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21 site or nearby housing to fulfill their roles.
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22 B. 1. A faith-based organization that seeks to apply for
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23 approval for mixed-use development shall demonstrate that such
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24 development shall include a combination of residential and ancillary
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Req. No. 2761 Page 6
1 uses. A minimum of sixty percent (60%) of the net habitable square
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2 feet of such proposed development shall be designated for
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3 residential use.
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4 2. A faith-based organization that seeks to apply for a project
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5 that includes an ancillary use shall demonstrate that any property
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6 designated for ancillary use shall be accessible from an active
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7 ground floor, with at least one entrance every fifty (50) feet along
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8 the primary street frontage of such property.
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9 3. A project on a development site located within a floodplain
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10 area shall be subject to a full flood risk assessment, demonstrating
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11 that such construction will not substantially increase flood risks
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12 or disrupt natural water flows. Compliance with the flood
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13 management standards of the Federal Emergency Management Agency and
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14 this state, including elevation and flood-proofing requirements,
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15 shall be mandatory.
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16 4. A project on a development site located in a steep slope
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17 area shall be subject to a geotechnical analysis to assess and
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18 address potential erosion and landslide risks. The faith-based
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19 organization applying for such project shall demonstrate the
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20 intention to implement stabilization measures, including retaining
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21 walls and drainage systems, as necessary to ensure slope stability.
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22 C. 1. A municipality shall approve or disapprove a project
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23 within fifteen (15) days of the submission of an application for
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24 approval by a faith-based organization. The municipality shall
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Req. No. 2761 Page 7
1 review such application by subjecting such to ministerial review,
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2 with objective standards applied to expedite approvals without
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3 discretionary oversight.
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4 2. Any and all building permit reviews, inspections, and
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5 approvals for a project shall be conducted by the municipality
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6 concurrently rather than sequentially. Final inspections and
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7 permits shall be issued within sixty (60) business days of an
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8 application, with any required adjustments communicated to the
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9 faith-based organization within thirty (30) business days.
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10 3. A municipality may not adopt or enforce any code, ordinance,
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11 regulation, standard, stipulation, or other requirement that
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12 establishes, directly or indirectly, any of the following:
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13 a. minimum square footage or dimensional requirements for
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14 housing units within proposed projects,
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15 b. maximum or minimum lot coverage requirements for
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16 proposed projects, and
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17 c. regulations imposing mandatory open space requirements
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18 within a project.
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19 4. The provisions of this act preempt any local zoning
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20 restrictions or ordinances that conflict with such provisions. A
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21 municipality shall not impose any conditions, fees, or discretionary
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22 requirements on projects provided for by the provisions of this act
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23 beyond those the municipality would apply to a comparable project
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24 permitted on a by-right basis.
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Req. No. 2761 Page 8
1 5. A municipality is prohibited from applying targeted
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2 regulations or policies that specifically address projects provided
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3 for under this act in ways that reduce standard zoning allowances,
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4 add regulatory burden, or alter project eligibility. Any local
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5 measures that attempt to override or conflict with the provisions of
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6 this act shall be deemed invalid.
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7 D. 1. An approved project shall be permitted a base density of
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8 seventy-five dwelling units per acre. If the zoning where such
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9 development site is located, or a property adjoining such site,
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10 allows for greater residential density, the project shall be
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11 permitted the greater density.
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12 2. An approved project shall be permitted a height increase of
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13 up to one story or fifteen (15) feet above the maximum height limit
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14 allowed in the zoning where the development site is located. If the
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15 zoning where such site is located, or a property adjoining such
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16 site, allows for greater building height, the project shall be
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17 permitted the greater height.
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18 3. Steeples or other non-inhabitable structures that serve an
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19 aesthetic or decorative use shall be permitted an additional height
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20 allowance of fifteen (15) feet above the maximum height limit
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21 established in paragraph 2 of this subsection.
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22 4. An approved project shall be permitted a base floor area
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23 ratio of two to one (2:1). Projects with areas designated for
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Req. No. 2761 Page 9
1 ancillary use that include an active ground floor shall receive an
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2 additional floor area ratio increase of one-half (1/2).
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3 5. An approved project in which forty percent (40%) or more of
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4 properties designated for residential use contain two or more
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5 bedrooms shall qualify for:
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6 a. a floor area ratio increase of one-half (1/2) greater
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7 than that established in paragraph 4 of this
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8 subsection, and
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9 b. a maximum height limit of up to eleven (11) feet
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10 greater than that established in paragraph 2 of this
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11 subsection.
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12 6. Up to one thousand five hundred (1,500) square feet of
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13 active ground floor space contained within properties for ancillary
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14 use within an approved project shall be exempt from floor area ratio
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15 calculations.
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16 7. An approved project that preserves existing mature trees
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17 located on the development site shall be entitled to a maximum
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18 height limit of up to eleven (11) feet greater than that established
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19 in paragraph 2 of this subsection.
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20 8. An approved project that utilizes public benefit incentives
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21 shall be permitted a maximum floor area ratio of three to one (3:1)
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22 and a maximum height limit of forty-five (45) feet, except in areas
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23 where zoning regulations or municipal standards allow for a greater
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Req. No. 2761 Page 10
1 floor area ratio or maximum height limit. In such case, the project
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2 shall be permitted the greater ratio or limit.
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3 9. No minimum parking requirements shall be imposed on any part
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4 of an approved project designated for either residential or
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5 ancillary use.
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6 10. Any setback requirements implemented by a municipality
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7 shall remain consistent with local zoning regulations on the
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8 development site for an approved project, unless specifically
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9 waived.
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10 E. 1. No project located on a development site that is within
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11 one thousand six hundred (1,600) feet of an area zoned for heavy
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12 industrial uses shall be eligible under the provisions of this act.
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13 2. No project located on a development site in a designated
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14 environmental protection zone, including, but not limited to, a
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15 wetlands, wildlife habitat, or area subject to critical
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16 environmental regulations, shall be eligible under the provisions of
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17 this act.
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18 3. A municipality may subject a development site located
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19 adjacent to critical infrastructure, including, but not limited to,
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20 highways, railroads, or major utility lines, to larger setbacks and
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21 additional restrictions to ensure public safety and infrastructure
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22 maintenance access.
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1 F. 1. No additional municipal ordinance or rule from an entity
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2 of this state shall be required to implement the provisions of this
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3 act.
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4 2. The Oklahoma Housing Finance Agency shall monitor compliance
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5 with the provisions of this act and refer instances of noncompliance
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6 by municipalities to the Office of the Attorney General, who shall
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7 be empowered to take necessary actions to ensure compliance with the
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8 provisions of this act.
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9 SECTION 4. It being immediately necessary for the preservation
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10 of the public peace, health or safety, an emergency is hereby
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11 declared to exist, by reason whereof this act shall take effect and
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12 be in full force from and after its passage and approval.
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Req. No. 2761 Page 12Every fact on this page links to its source, starting with the official bill record.