Okla. Stat. tit. 11, § 11-43-109.3: Limits on municipal regulations for single-family

residential building design elements – Rights of private parties.

A. Beginning on and after the effective date of this act, a

municipality, city or town shall not adopt or impose new single-

family residential building design elements or implement new

policies that have the effect of creating new single-family

residential building design element regulations, unless:

1. The residential building structure is:

a. located in an area formally designated and declared as

a state or local historic district under applicable

law,

b. designated as a local, state or national historic

landmark,

c. located on a property that is governed by a regulation

created by any valid negotiated zoning ordinance which

serves to indicate mutual consent between property

owners and a municipality, city or town, which

includes but is not limited to a Planned Unit

Development,

d. located on a property that is governed by the

application of a municipal, city, or town policy,

regulation or ordinance affecting the public safety of

residential building design elements and such policy,

regulation or ordinance was duly and properly adopted

by the applicable governing body in accordance with

applicable law,

e. located on a property that is governed by a policy or

regulation as set forth within a duly adopted tax

increment finance district or a business improvement

district,

f. located on a property that is governed by a policy or

regulation of an overlay or a special purpose zoning

district that is adopted pursuant to applicable law,

or

g. located in an existing neighborhood designated as a

blighted area or redevelopment district; or

2. The regulations are:

a. directly and substantially related to life safety or

building safety, or

b. applied to manufactured housing in a manner consistent

with applicable state or federal law, or

c. adopted as a condition for participation in the

National Flood Insurance Program.

B. As used in this section:

1. "Residential building design elements" means:

a. type or style of exterior cladding or finish

materials,

b. style or materials of roof structures, roof pitches or

porches,

c. exterior nonstructural architectural ornamentation,

d. location, design, placement or architectural styling

of windows and doors including garage doors and garage

structures,

e. the number and types of rooms,

f. the interior layout of rooms, and

g. the minimum square footage of a structure; and

2. "Residential building design elements" does not include:

a. the height, bulk, orientation or location of a

structure on a lot, or

b. buffering or screening elements located at the

perimeter of the property that are used to:

(1) minimize visual impacts,

(2) mitigate the impacts of light and noise, or

(3) protect the privacy of neighbors.

C. This section does not prohibit or diminish the rights of

private parties to enact regulations as created by valid private

covenants or other contractual agreements among property owners

relating to residential building design elements including

restrictive covenants and declarations such as those maintained by

owners' associations in real estate developments as created under

Section 851 et seq. of Title 60 of the Oklahoma Statutes or under

Section 501 et seq. of Title 60 of the Oklahoma Statutes.