reglab/housing_qa huggingface dataset:
11 OK Stat § 11-44-104 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-104. Powers.

|The board of adjustment shall have the power to: |1. hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance;2. hear and decide special exceptions to the zoning ordinance to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by the zoning ordinance, and in accordance with the substantive and procedural standards of the zoning ordinance;3. authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the board shall have no power to authorize variances as to use except as provided by paragraph 4 of this section;4. hear and decide oil and/or gas applications or appeals unless prohibited throughout a municipality by municipal ordinance. The board of adjustment shall be required to make the findings prescribed by Section 44-107 of this title in order to grant a variance as to use with respect to any such application or appeal.Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided in Section 44-108 of this title. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the district court.Amended by Laws 1984, c. 126, § 76, eff. Nov. 1, 1984; Laws 1988, c. 198, § 1, emerg. eff. June 9, 1988.
11 OK Stat § 11-44-105 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-105. Extent of relief.

|A. When exercising the powers provided for in Section 44-104 of this title, the board of adjustment, in conformity with the provisionsof the ordinance, may reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination from which appealed and may make such order, requirement, decision, or determination as ought to be made. |B. The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to the zoning ordinance and Section 44-104 of this title.Amended by Laws 1984, c. 126, § 77, eff. Nov. 1, 1984; Laws 1988, c. 198, § 2, emerg. eff. June 9, 1988.
11 OK Stat § 11-44-106 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-106. Special exceptions.

|The municipal governing body may authorize the board of adjustment to make special exceptions to specific uses allowed within each zoning category according to the zoning ordinance in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in the zoning ordinance. |Amended by Laws 1988, c. 198, § 3, emerg. eff. June 9, 1988.
11 OK Stat § 11-44-107 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-107. Variances.

|A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions as provided in this article, only upon a finding by the board of adjustment that: |1. The application of the ordinance to the particular piece of property would create an unnecessary hardship;2. Such conditions are peculiar to the particular piece of property involved;3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.Amended by Laws 1988, c. 198, § 4, emerg. eff. June 9, 1988.
11 OK Stat § 11-44-107.1 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-107.1. Nonconforming use - Termination - Exception.

|A. The lawful nonconforming use of a building, structure or premises as such existed at the time of the adoption and recording of any ordinance affecting it, may be continued, although such use does not conform with the provisions of such ordinance. The municipality may provide for the termination of lawful nonconforming uses either by specifying the period or periods within which such use shall be required to cease, or by designating conditions or circumstances which shall cause such use to cease, or by providing a formula or formulas whereby the compulsory termination of a nonconforming use shall be so fixed as to allow a reasonable period for the amortization of the investment in the nonconformance. |B. Regulations and restrictions affecting the termination of nonconforming uses as authorized by this section may be adopted or amended by the municipality only after notice and hearing as provided in Sections 43-104 and 43-105 of Title 11 of the Oklahoma Statutes.C. Nothing in this section shall be construed to permit or authorize municipalities to terminate lawful nonconforming uses consisting of oil and/or gas activity.D. Nothing in this section shall be construed to permit or authorize municipalities to terminate a lawfully erected nonconforming sign unless such sign is altered in a manner that increases the degree of nonconformity or is abandoned for a period of more than two (2) years.Added by Laws 1988, c. 198, § 5, emerg. eff. June 9, 1988. Amended by Laws 1994, c. 125, § 3, eff. Sept. 1, 1994.
11 OK Stat § 11-44-108 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-108. Notice and hearings - Contents of notice - Minor variances or exceptions.

|A. Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing. |B. The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:1. Legal description of the property and the street address or approximate location in the municipality;2. Present zoning classification of the property and the nature of the appeal, variance or exception requested; and3. Date, time and place of the hearing.C. On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection B of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the municipal governing body.Laws 1977, c. 256, § 44-108, eff. July 1, 1978.
11 OK Stat § 11-44-109 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-44-109. Procedure for appeals to the board of adjustment.

|The municipal governing body shall provide by ordinance for appeals from any action or decision of an administrative officer acting pursuant to any zoning ordinance to the board of adjustment in the following manner: |1. Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer;2. An appeal shall be taken within the time limits as fixed by municipal ordinance by filing with the officer from whom the appeal is taken and by filing with the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken;3. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and4. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.Laws 1977, c. 256, § 44-109, eff. July 1, 1978.
11 OK Stat § 11-45-101 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-45-101. Municipal planning commissions - Appointment authorized - Ordinances.

|A municipal governing body may appoint a municipal planning commission whenever it is deemed expedient and may pass suitable ordinances for carrying out the provisions of this article. |Laws 1977, c. 256, § 45-101, eff. July 1, 1978.
11 OK Stat § 11-45-102 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-45-102. Members of municipal planning commission - Compensation.

|The municipal planning commission shall consist of not less than five (5) citizens, all of whom shall reside within the municipality. The members shall be nominated by the mayor and confirmed by the governing body of the municipality. Each member shall serve for a term of three (3) years. When the commission is first appointed, the terms of one-third (1/3) of the members shall be for three (3) years, one-third (1/3) for two (2) years, and one-third (1/3) for one (1) year. Appointments to fill vacancies shall be for the unexpired term only. The members of the commission shall serve without pay, except that in cities having a population of more than two hundred thousand (200,000), the commissioners may receive a per diem as set by the municipal governing body, not to exceed Twenty-five Dollars ($25.00) for each meeting attended or One Hundred Dollars ($100.00) per month. |Amended by Laws 1984, c. 126, § 78, eff. Nov. 1, 1984.
11 OK Stat § 11-45-103 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-45-103. Duties and powers of the planning commission - Employees.

|The planning commission shall prepare from time to time plans for the betterment of the municipality as a place of residence or for business. It may consider and investigate any subject matter tending to the development and betterment of the municipality, and make recommendations as it may deem advisable concerning the adoption thereof, to any department of the municipal government, and for any purpose make or cause to be made surveys, maps or plans. The commission shall have the power and authority to employ engineers, attorneys, clerks and a secretary, or any other help deemed necessary, subject to the approval of the municipal governing body. The salaries and compensation of any planning commission employees shall be fixed by the governing body and shall be paid out of the municipal treasury as other officers and employees. The necessary expenses incurred by the commission shall be appropriated and paid out of the municipal treasury as other legal expenses of the municipality, but in no event may the planning commission be authorized to create a deficiency. |Laws 1977, c. 256, § 45-103, eff. July 1, 1978.
11 OK Stat § 11-45-106 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-45-106. Suit to challenge action, decision, ruling or order of municipal planning commission – Timing.

|Any suit to challenge any action, decision, ruling or order of the municipal planning commission under provisions of this article shall be filed with the district court within thirty (30) business days from the action, decision, ruling or order. |Added by Laws 2004, c. 314, § 3, eff. Nov. 1, 2004.
11 OK Stat § 11-46-101 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-46-101. Regional planning commissions - Appointment authorized - Members - Compensation.

|Any municipality may appoint a regional planning commission. The members of the regional planning commission shall consist of the members of the municipal planning commission. The mayor, municipal engineer, chairman of the board of county commissioners, and county engineer shall be ex officio voting members of the commission but shall not be counted for purposes of a quorum. Members of the regional planning commission shall serve without pay. |Amended by Laws 1984, c. 126, § 80, eff. Nov. 1, 1984.
11 OK Stat § 11-46-102 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-46-102. Jurisdiction of regional planning commission.

|The regional planning commission shall have jurisdiction over a regional district which shall be construed to mean any land outside the incorporated limits of any municipality whose any one boundary, at any point, shall be within a distance of three (3) miles from the incorporated limits of the municipality. |Laws 1977, c. 256, § 46-102, eff. July 1, 1978.
11 OK Stat § 11-46-103 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-46-103. Duties and powers of regional planning commission - Employees and expenses.

|The regional planning commission shall prepare from time to time plans for the systematic development and betterment of the regional district for residence, manufacturing or business purposes. It may consider and investigate any subject matter tending to the development and betterment of such regional district and make recommendations as it may deem advisable concerning the adoption thereof to any department of the municipal or county government, and for any purpose make or cause to be made surveys, maps or plans. The commission shall have the power and authority to employ attorneys, engineers, clerks and a secretary, and to pay for their services, and to pay for such other expenses as the commission may lawfully incur, including the necessary disbursements incurred by its members in the performance of their duties as members of the commission. It shall be lawful for the board of county commissioners to appropriate money for the expenses of such regional planning commission. |Laws 1977, c. 256, § 46-103, eff. July 1, 1978.
11 OK Stat § 11-46-105 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-46-105. Suit to challenge action, decision, ruling or order of regional planning commission – Timing.

|Any suit to challenge any action, decision, ruling or order of the regional planning commission under the provisions of this article shall be filed with the district court within thirty (30) days from the action, decision, ruling or order. |Added by Laws 2004, c. 314, § 4, eff. Nov. 1, 2004.
11 OK Stat § 11-47-101 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-101. Application and definitions.

|The provisions of Sections 47-101 through 47-124 of this title are applicable to all cities which have a population of not less than two hundred thousand (200,000) according to the latest federal census. The following terms, when used in this article, shall have the meanings respectively provided for them in this section: |1. "Municipality" means any incorporated city of over two hundred thousand (200,000) population;2. "Mayor" means the chief executive of the municipality, whether the official designation of his office be mayor, city manager, or otherwise;3. "Council" means the chief legislative body of the municipality;4. "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, and other ways;5. "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided; and6. "Commission" means the city planning commission.Laws 1977, c. 256, § 47-101, eff. July 1, 1978.
11 OK Stat § 11-47-102 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-102. Grant of power to municipality.

|Any municipality may make, adopt, amend, extend, add to, or carry out a municipal plan as provided in this article and create by ordinance a planning commission with the powers and duties herein set forth. The planning commission shall be designated as the city planning commission. |Laws 1977, c. 256, § 47-102, eff. July 1, 1978.
11 OK Stat § 11-47-103 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-103. City planning commission - Membership.

|The city planning commission shall consist of nine (9) members to be appointed by the mayor, if the mayor be an elective officer, otherwise by such officer as the council may designate as the appointing power in the ordinance creating the commission. In a municipality which is divided into wards or other subdivisions for the election of members of the council, one member shall be appointed to the planning commission from each of the wards or subdivisions. All members of the commission shall serve as such without compensation, and the members shall hold no other municipal office, except that one member may be a member of the zoning board of adjustment or appeals and no more than four members may serve on design committees or commissions. The term of each member shall be six (6) years or until his or her successor is appointed and qualified; except that when the commission is first appointed, the respective terms of three of the members shall be three (3), four (4) and five (5) years. Members may be removed by the mayor, after a public hearing, for inefficiency, neglect of duty, or malfeasance in office. The mayor shall file a written statement of reasons for the removal. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor or by the appointing power designated by the council in municipalities in which the mayor is not an elective officer. |Added by Laws 1977, c. 256, § 47-102, eff. July 1, 1978. Amended by Laws 2009, c. 30, § 1, eff. Nov. 1, 2009.
11 OK Stat § 11-47-104 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-104. Organization and rules.

|The commission shall elect a chairman and create and fill other of its offices as it may determine. The term of chairman shall be one (1) year, with eligibility for re-election. The commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. |Laws 1977, c. 256, § 47-104, eff. July 1, 1978.
11 OK Stat § 11-47-105 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-105. Staff and finances.

|The commission may recommend such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also recommend to the council the employment of city planners, engineers, architects, and consultants for such other services as it may require. The council may provide funds for the salaries of employees and the expenses of the planning commission as for other functions of the municipality. |Laws 1977, c. 256, § 47-105, eff. July 1, 1978.
11 OK Stat § 11-47-106 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-106. General powers and duties.

|It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the municipality, including any area outside its boundaries which in the commission's judgment bear relation to the planning of the municipality. The commission may cooperate with any county planning commission having planning jurisdiction over such unincorporated areas in connection with the preparation of that portion of the master plan covering those areas. The plan, with the accompanying maps, plats, charts, and descriptive matter shall show the commission's recommendations for the development of the territory, including among other things, the general location, character, and extent of streets, viaducts, subways, bridges, waterways, water fronts, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds and open spaces; the general location of public buildings and other public property; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, or property; as well as a zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. As the work of making the whole master plan progresses, the commission from time to time may adopt and publish a part or parts thereof, any such part to cover one or more major sections or divisions of the municipality, or one or more of the matters listed above or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. |Laws 1977, c. 256, § 47-106, eff. July 1, 1978.
11 OK Stat § 11-47-107 (2021)
2021 Oklahoma Statutes|Title 11. Cities and Towns|§11-47-107. Purposes of the plan.

|In preparation of the plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will best promote, in accordance with present and future needs, health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, and wise and efficient expenditure of public funds. |Laws 1977, c. 256, § 47-107, eff. July 1, 1978.