reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-113. Parties to suit in correcting plat errors.

A. If the object of the petition is to correct one (1) block of the plat, or any portion thereof, the petition shall name as parties defendant the record owners, as of the time of commencing the suit, of all the lots within the block sought to be corrected. The municipality within which the plat is located shall be made a party to the suit if the streets and alleys of the municipality will be affected by the correction.
B. If the object of the petition is to correct a greater portion than one (1) block of the plat, then the petition shall name as parties defendant:
1. The record owners, as of the time of commencing the suit, of the lots within the area sought to be corrected; and
2. The municipality within which the plat is located.
Laws 1977, c. 256, § 41-113, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-114. Action to correct plat errors - Service of summons and notice.

Service of summons in the action shall be had upon the defendants in the manner provided by law in civil actions. Where the record owners are numerous, however, the action may be maintained in the name of one or more lot owners for the benefit of all the owners of property within the area of that portion of the plat affected by the proposed correction. In addition to service of process to those record owners in whose name the action is maintained, the petitioner shall also give notice by mail to the following, without naming them as parties defendant:
1. All owners of record, as shown by the current year's tax rolls in the office of the county treasurer, of lots within the block or area sought to be corrected; and
2. The municipality within which the plat is located.
The notice shall set out the error sought to be corrected and the manner which is proposed for correcting the error as prayed for in the petition.
Laws 1977, c. 256, § 41-114, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-115. Correction of errors and defects in recorded plats - Procedure.

A. Municipal plats or plats of additions and subdivisions which have been erroneously described on any record in the chain of title to said plats, or are otherwise defective on their face, may be corrected pursuant to the provisions of this section or pursuant to the provisions of Sections 41-112 through 41-114 of this title.
B. If a municipal plat or plat of an addition or subdivision which is executed and filed in the office of the county clerk of the county in which said plat is located fails to identify or correctly describe the land to be platted, the registered land surveyor who prepared said plat may execute a certificate stating the nature of the error and cure said defect. The surveyor shall refer to said plat by correct page number and book in which said plat is recorded by the county clerk. Said certificate shall be dated and signed by said registered land surveyor.
C. If the registered land surveyor who originally certified said plat pursuant to the provisions of Section 41-104 of this title is not available, or if said plat was not prepared by a registered land surveyor, a certificate as provided for in subsection B of this section may be executed by any registered land surveyor, provided said certificate states the reasons why the registered land surveyor who prepared the plat was not available or that said plat was not originally prepared by a registered land surveyor.
D. Prior to recording the correction certificate in the office of the county clerk of the county in which said plat is located, the certificate shall be approved by the planning commission or other governmental body having jurisdiction, provided that such certificate shall be approved by the municipal governing body if the correction alters or otherwise affects a right-of-way or easement of the municipality.
E. The certificate authorized by the provisions of this section shall be retained by the county clerk of the county in which said plat is located and shall be recorded as a correction in the county plat book.
F. A certificate filed pursuant to the provisions of this section shall be prima facie evidence of the statements contained in said certificate and shall be received into evidence for that purpose. No such certificate shall have the effect of destroying or changing any vested rights which were acquired based upon an existing plat despite the errors or defects contained in said plat. The provisions of this section shall not prohibit any interested party from commencing an action in the district court of the county in which the plat is located pursuant to the provisions of Sections 41-112 through 41-114 of this title.
Added by Laws 1983, c. 35, § 1, eff. Nov. 1, 1983. Amended by Laws 1985, c. 12, § 1, emerg. eff. April 11, 1985.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-101. Definitions.

In Sections 42-101 through 42-115 of this title, the following terms shall have the meanings respectively provided for them in this section, unless the context otherwise requires:
1. "Close" means a legislative act of the governing body of a municipality discontinuing the public use of a public way or easement without affecting title to real property;
2. "Vacate" means the termination, by written instrument, as provided in Section 42-106 of this title, or judicial act of the district court, of private and/or public rights in a public way, easement or plat and vesting title in real estate in private ownership;
3. "Public way" means a street, avenue, boulevard, alley, lane or thoroughfare open for public use; and
4. "Easement" means rights in real property as set forth in Section 49 of Title 60 of the Oklahoma Statutes.
Laws 1977, c. 256, § 41-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-102. Application by owner for vacation of platted tract, street, alley, easement or public way - Power of district court.

A. If the owner of any tract of land platted for municipal purposes, or the owner of any portion of such platted tract, desires to vacate the whole or some part thereof, or desires to vacate a platted street, alley, easement or portion thereof, the owner shall file a verified application setting forth his current address and briefly stating the reason for vacating, in the district court in the county where the land is located.
B. Notwithstanding provisions in subsection A of this section, if the owner of any tract of land platted for municipal purposes for a public way desires to vacate some part thereof and the portion thus vacated would not obstruct the use of the balance of the tract as a street, avenue, alley, lane or thoroughfare open for public use, and which tract after vacation would remain bounded on all sides by land platted for municipal purposes, the owner may file a verified application in the district court in the county where the property is located. The district court is authorized, upon application by such owner and upon showing that previous use of the tract as a street would remain unobstructed, to alter or vacate the platted tract or any part thereof.
C. In cases where a portion of a tract is vacated but remains bounded on all sides by public ways and public grounds, title to the portion vacated shall pass to the municipality or public entity created by the municipality for the purpose of managing, developing, maintaining or leasing, for any lawful purpose, public or private, the tract so vacated. The title to said tract shall remain with the municipality or other public entity until such time as any adjacent tract comprising the public way or street is subsequently vacated and no longer used for a public purpose.
Laws 1977, c. 256, § 42-102, eff. July 1, 1978; Laws 1979, c. 236, § 1. Amended by Laws 1990, c. 194, § 1, emerg. eff. May 10, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-103. Notice of application to court for vacation - Right to resist.

A. In addition to any other requirements for notice provided by this section, notice of hearing shall be given to the public by one publication in some newspaper of general circulation in the municipality where the land is located. If there is no newspaper published in such municipality where the land is located, the publication may be in some newspaper of general circulation in the county where the land is located. Such notice shall be published at least thirty (30) days prior to the time when the application has been set for hearing by the court.
B. The court shall set a date for hearing on an application for vacation, not less than thirty-five (35) days nor more than sixty (60) days after the filing of the application. Notice of the hearing, with a copy of the application attached thereto, shall be served at least thirty (30) days prior to the date set for said hearing in the same manner as is provided for service of process in civil actions on:
1. The governing body of the municipality if the tract, street, alley, easement or portion thereof is inside the municipal limits;
2. The board of county commissioners; and
3. Any holder of a franchise and others having a special right or privilege granted by ordinance or legislative enactment to use the platted tract or portion thereof or street, alley, easement or portion thereof sought to be vacated.
C. Notice of the hearing shall be mailed by first class mail at least thirty (30) days prior to the date set for said hearing to: 1. All owners of land, as shown by the current year's tax rolls in the office of the county treasurer, within three hundred (300) feet of the tract, street, alley, easement or portion thereof sought to be vacated; and
2. All persons, firms or corporations, not otherwise required to be notified, that are known by the applicant to claim an interest or right in the tract, street, alley, easement or portion thereof sought to be vacated.
Attached to any application shall be the certificate of a bonded abstractor listing the names and mailing addresses, as reflected by the current year's tax rolls in the office of the county treasurer, of all persons required to be notified herein.
D. The municipality, county, and any holder of a franchise or other special right or privilege, or any owner of any land required by this section to be notified, may appear and oppose and resist the application if such party has filed, at least five (5) days prior to the date set for said hearing, a verified answer showing the grounds therefor. A copy of the answer shall be mailed to the applicant or applicants the date the answer is filed.
Laws 1977, c. 256, § 43-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-104. Hearing and determination - Extent of relief.

A. If the applicant for vacation produces to the court satisfactory evidence that the service of notice, mailing, and notice of publication required by Section 42-103 of this title has been given, the court shall proceed to hear and determine the application as well as any objections thereto.
B. If the application shall be for the vacation of the entire plat, and no owner of any portion thereof or the holder of a franchise or other special right or privilege shall appear and object to such vacation, the entire plat may be vacated. If it shall appear that portions of the plat are not used or required for county or municipal purposes, or for the holder of a franchise or other special right or privilege, as platted, the court may vacate such portions thereof as will not injuriously affect the rights of owners of other portions of the plat or the public.
C. If the application shall be by the owner of a portion of the platted tract for the vacation of such portion only, or for the vacation of a street, alley, easement or portion thereof abutting such portion, the court may vacate such portion or abutting street, alley, easement or portion thereof as will not injuriously affect the rights of owners of other portions of the plat or the public if it shall appear that:
1. The portion or abutting street, alley, easement or portion thereof desired to be vacated is either not used or not required for county or municipal purposes or for the use of the holder of a franchise or anyone having a special right or privilege granted by ordinance or legislative enactment; and accordingly, said street, alley, easement or portion thereof has been closed to the public by enactment of any ordinance or resolution;
2. The platted street, alley, easement or portion thereof on or across such portion has never been used by the public; or
3. The public has for more than ninety (90) days abandoned such by nonuser, or that the same has been enclosed and occupied adversely to the public for more than ninety (90) days, and that application has been made to the governing body of the county or municipality where the property is located at least ninety (90) days prior to the filing of the application for vacation in the district court for an ordinance or resolution closing the street, alley, easement or portion thereof to public use, but the governing body has failed, refused or neglected to enact such an ordinance or resolution.
Laws 1977, c. 256, § 42-104, eff. July 1, 1978; Laws 1979, c. 236, § 3.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-105. Rights of municipal utilities and transmission companies.

No vacation of any plat or public way, or part thereof, shall operate to invalidate or impair the right of any municipal utility or regulated transmission company to continue to possess, occupy, and use that part of the public ways, utility easements, or rights-of-way existing within the affected area and occupied and used by any municipal utility or regulated transmission company for the performance of its public service undertaking. Said easements shall be defined in any decree of vacation. The municipal utility or regulated transmission company may maintain, replace, repair, and operate its facilities, have unrestricted ingress and egress to said locations, and remove its facilities without impairment by reason of the vacation or partial vacation of any plat or public way.
Amended by Laws 1984, c. 126, § 72, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-106. Vacation of plat by written agreement of owners.

A. Any plat of a municipality or addition thereto or any subdivision of land may be vacated by the owners thereof at any time before the sale of any lots therein by a written instrument declaring the same to be vacated, duly executed, acknowledged or proved and recorded in the same office with the plat to be vacated. The executing and recording of the written instrument, bearing the approval or consent of the municipality in which the plat is situated, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the public ways, commons, and public grounds laid out as described in the plat.
B. Where any lots in the plat sought to be vacated have been sold, the plat or a portion thereof may be vacated as provided in subsection A of this section, provided that the owners of sixty percent (60%) of the lots in the plat and all of the owners in the area to be vacated join in the execution of the written instrument, the instrument bears the approval of the municipality in which the plat is situated, and such action is not prohibited by any restrictive covenants encumbering the lots in plat.
C. Notwithstanding the foregoing provisions, any plat of record in the office of the county clerk in the county in which the real property is situated, for a period of not less than ten (10) years, which bears the approval of the municipality in which the real property is situated, which replats an existing plat, or a portion thereof, shall be deemed a lawful replatting of any plat, or portion thereof, thereby vacating the plat, or a portion thereof, which is replatted.
D. This section shall not be construed as applying to any of the territory included within the limits of any incorporated municipality created and organized under and by virtue of a special act of the Legislature.
Added by Laws 1977, c. 256, § 42-106, eff. July 1, 1978. Amended by Laws 1993, c. 241, § 2, eff. Sept. 1, 1993; Laws 2002, c. 74, § 1, emerg. eff. April 15, 2002.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-107. Record of vacation.

Any decree or written instrument vacating a plat or portion thereof shall be filed and recorded in the office of the county clerk in the county where the land is situated and shall include a metes and bounds legal description of the area being vacated and a separate metes and bounds legal description of the area, if any, remaining platted. The clerk shall write in plain, legible letters across that part of the plat so vacated the word "Vacated". The county clerk shall provide a copy of the metes and bounds legal description of the property being vacated as furnished by the petitioner to the county assessor. The clerk shall also note on the original plat a reference to the decree or instrument and the volume and page where recorded.
Added by Laws 1977, c. 256, § 42-107, eff. July 1, 1978. Amended by Laws 2005, c. 116, § 1, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-108. Vacating part of a plat - Closing highways.

Any part of a plat may be vacated in accordance with the procedures and subject to the conditions of Sections 42-101 through 42-115 of this title, provided that such vacating does not abridge or destroy any of the rights and privileges of other owners in the plat. Nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law.
Laws 1977, c. 256, § 42-108, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-109. Replatting of vacated plat - Effect on rights-of-way and restrictive covenants - Reversion of fee.

A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor. The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots. A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way. A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable. When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat.
B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.
Added by Laws 1977, c. 256, § 42-109, eff. July 1, 1978. Amended by Laws 2002, c. 74, § 2, emerg. eff. April 15, 2002.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-110. Power to close public ways or easements by ordinance - Reopening - Rights of utilities.

A. The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality.
B. The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement.
C. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever:
1. The municipal governing body deems it necessary; or
2. An application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed is filed with the governing body.
D. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.
Laws 1977, c. 256, § 42-110, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-111. Court action by owners to foreclose or reopen public way - Petition.

Any owner of any real estate to which any public way or easement, or any part thereof, has heretofore reverted or may hereafter revert by closing, within the corporate limits of any municipality, may commence an action in the district court in the county in which the real estate is situated, upon filing a verified petition. The petition shall show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement or ask for the reopening of the public way or easement. Attached to the verified petition shall be the certificate of a bonded abstractor listing the names and mailing addresses of all persons required to be notified as set forth in Section 42-112 of this title.
Laws 1977, c. 256, § 42-111, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-112. Notice of court action by owners to foreclose or reopen.

Notice of the verified petition by a property owner to foreclose the right to reopen the public way or to reopen the public way shall be given by:
1. Service of summons to the municipality as provided in civil action;
2. Service of summons to public service corporations, transmission and utility companies or franchise holders having rights in the public way or easement; and
3.
a.
Mailing by first class mail at least thirty (30) days before the hearing a copy of the petition and a copy of the notice to be published as provided in subparagraph b of this paragraph to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, of property abutting that portion of the public way or easement sought to be vacated, and such other owners of record whose property abuts said public way or easement within three hundred (300) feet from that portion of said public way or easement sought to be vacated; and to any person, firm or corporation, not otherwise required to be notified, that is known by the petitioner to claim an interest or rights in the public way or easement. An affidavit verifying the mailing of the petition and notice as provided for in this subparagraph shall be filed in the action.
b.
Notice to the public shall be given by one (1) publication in a newspaper of general circulation published in the county where the property is located, which publication shall be at least thirty (30) days prior to the hearing. The summons or publication notice shall provide for an answer date not less than twenty (20) days after issuance of the summons or first publication notice.
Added by Laws 1977, c. 256, § 42-112, eff. July 1, 1978. Amended by Laws 1988, c. 57, § 1, eff. Nov. 1, 1988; Laws 1997, c. 28, § 1, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-113. Hearing and disposition of petition to foreclose or reopen.

A. At the hearing on the petition, the district court shall inquire into the merits of the petition and take testimony as in any special proceeding and, upon determination of the issues, may:
1. grant the foreclosure of the right to reopen the public way or easement unless the municipality has established that it has a present or future reason to reopen or use the public way or easement as a public way or easement;
2. grant the request to reopen the public way or easement;
3. deny the petition; or
4. make any proper order pursuant to the facts and the law.
B. The order granting foreclosure of the right to reopen the vacated public way or easement, or portion thereof, shall vest a complete fee simple title in and to the vacated part or portion thereof which reverted to the real estate.
C. When any public way or easement is vacated, the same shall revert to the owners of real estate adjacent to such public way or easement on each side, in proportion to the frontage of the real estate, except in cases where such public way or easement has been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots or real estate in proportion to which it was taken from them or dedicated. Provided, however, when any public way or easement so vacated remains bounded on all sides by public ways, public grounds, or public easements, title to the entire tract vacated shall vest in the municipality but may then be used by the municipality or a leasehold conveyed by act of the governing body for any lawful purpose, public or private.
Amended by Laws 1984, c. 126, § 73, eff. Nov. 1, 1984; Laws 1990, c. 194, § 2, emerg. eff. May 10, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-114. Limitation on claims for damages.

No one may maintain an action for damages against the parties obtaining a decree of vacation of a public way or easement, their heirs, assigns, or successors, unless commenced within ninety (90) days after the decree of vacation has been rendered or the decree has become final if an appeal has been taken.
Laws 1977, c. 256, § 42-114, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-42-115. Validation.

Any and all judgments rendered prior to October 1, 1973, for the vacation of a plat, public way or easement in actions that were prosecuted in compliance with the law applicable at the time such action accrued are hereby validated and declared to be legal and valid; except that any action which was commenced prior to October 1, 1973, or any action accruing prior to October 1, 1973, which is commenced prior to October 1, 1974, shall be determined according to the law in effect at the time of the accrual of such action, and the rights of the parties to such pending litigation or litigation commenced prior to October 1, 1974, shall not be affected by the provisions of this article.
Laws 1977, c. 256, § 42-115, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-101. General powers of municipalities.

For the purpose of promoting health, safety, morals, or the general welfare of the community, a municipal governing body may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
Laws 1977, c. 256, § 43-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-101.2. Potential state taxes list issued to building permit applicants.

A. After the effective date of this act, the clerk of any municipality or any other designated employee or official authorized to issue building permits shall provide to an applicant for a building permit a list, which shall be developed and provided to municipalities of this state by the Oklahoma Tax Commission, of state taxes which may potentially be assessed against any Oklahoma taxpayer or out-of-state taxpayer who applies for a building permit in this state. Such list shall include a paragraph in bold, conspicuous type indicating the requirement for certain building permit applicants to register with the Oklahoma Business Registration System of the Tax Commission.
B. Upon the request for issuance of an occupancy permit, the clerk or other designated employee or official shall request proof of registration with the Tax Commission under their Oklahoma Business Registration System. If the applicant does not provide proof of registration, the clerk shall immediately issue the occupancy permit and shall advise the Tax Commission that the entity may not be registered under the Oklahoma Business Registration System.
C. The Tax Commission may maintain, as part of its online Business Registration System, the capability for an applicant to obtain a document electronically which will serve as proof of registration under the system.
D. This section shall not apply to building permits for new construction or remodel projects less than Fifty Thousand Dollars ($50,000.00) in value.
Added by Laws 2010, c. 399, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-102. Establishing districts within municipality - Erection, etc. of buildings - Uniformity of regulations - Sale for consumption of low-point beer.

A. The municipal governing body may divide the municipality into districts of such number, shape and area as it deems suitable in carrying out its powers as to buildings, land and structures. Within the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
B. The municipal governing body may enact nondiscriminatory zoning ordinances regulating the location for the sale for consumption on the premises of low-point beer, as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, commonly called 3.2 beer; provided, however, that no special or separate classification shall be created only for businesses selling said product.
C. Nothing in this section shall be construed to apply to telephone exchange buildings.
Added by Laws 1977, c. 256, § 43-102, eff. July 1, 1978. Amended by Laws 1980, c. 49, § 1, eff. Oct. 1, 1980; Laws 1995, c. 274, § 3, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-103. Purpose of regulations - Comprehensive plan.

Municipal regulations as to buildings, structures and land shall be made in accordance with a comprehensive plan and be designed to accomplish any of the following objectives:
1. To lessen congestion in the streets;
2. To secure safety from fire, panic and other dangers;
3. To promote health and the general welfare, including the peace and quality of life of the district;
4. To provide adequate light and air;
5. To prevent the overcrowding of land;
6. To promote historical preservation;
7. To avoid undue concentration of population; or
8. To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality. The governing body shall provide the manner in which regulations, restrictions and district boundaries shall be determined, established and enforced, and amended, supplemented or changed.
Added by Laws 1977, c. 256, § 43-103, eff. July 1, 1978. Amended by Laws 1991, c. 32, § 1, eff. Sept. 1, 1991; Laws 1999, c. 220, § 3, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-104. Notice and public hearing of proposed regulations.

A. Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any district regulation, restriction, or boundary shall become effective. At least fifteen (15) days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the municipality. The notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in the area.
B. In addition to the notice required in subsection A of this section, if the zoning change requested permits the use of treatment facilities, multiple family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the change in district regulation, restriction, or boundary shall mail a written notice within thirty (30) days of the hearing to all real property owners within one-quarter (1/4) of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.
For purposes of this subsection, "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.
Added by Laws 1977, c. 256, § 43-104, eff. July 1, 1978. Amended by Laws 1984, c. 126, § 74, eff. Nov. 1, 1984; Laws 2009, c. 226, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-105. Amendments or changes of regulations, restrictions and boundaries - Protests.

A. Regulations, restrictions and district boundaries of municipalities may be amended, supplemented, changed, modified or repealed. The requirements of Section 43-104 of this title on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.
B. Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:
1. the owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or
2. the owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change;
then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths of all the members of the municipal governing body where there are more than seven members in the governing body, and by three-fifths favorable vote where there are seven or less members in the governing body.
Laws 1977, c. 256, § 43-105, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-107. Injunction for violations of regulations.

If any building, structure or land is in violation of any municipal ordinance or other regulation, the proper local authorities of the municipality, or any other person affected thereby, in addition to other remedies, may institute appropriate action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the unlawful occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.
Laws 1977, c. 256, § 43-107, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-108. Governing act in case of conflict.

Whenever the provisions of a statute, local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards than any other applicable statute, local ordinance or regulation, then the provisions of the statute, local ordinance or regulation which impose higher standards or greater restrictions shall govern. In no event shall any provision of this article apply to any property of any railway company or terminal company. As used in this section, “terminal company” shall include a qualified terminal as defined in Section 500.3 of Title 68 of the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 43-108, eff. July 1, 1978. Amended by Laws 2008, c. 307, § 8, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-109. Appointment of zoning commission.

In order to avail itself of the powers conferred by this article, the municipal governing body shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and to recommend appropriate regulations to be enforced therein. The commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The governing body shall not hold its public hearings or take action until it has received the final report of the commission. Where a municipal planning commission already exists, it shall be appointed as the zoning commission.
Laws 1977, c. 256, § 43-109, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-109.1. Suit to challenge action, decision, ruling or order of municipal governing body – Timing.

Any suit to challenge any action, decision, ruling or order of the municipal governing body under the 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, § 2, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-109.2. Residential building permits - Verification of contractor's insurance - Fees - Liability.

A. Any entity that issues building permits shall, before issuance of a residential building permit, obtain a certificate of insurance from the appropriate insurer that the contractor has general liability insurance in an amount required by other construction trade contractors licensed by the Construction Industries Board and that the contractor has workers’ compensation insurance or a workers’ compensation exemption verification document. A residential building permit shall be defined for this section as any building permit for a single-family or a duplex residential structure and shall include construction of a new structure, remodel of an existing structure, and the addition to an existing structure. Not included under the definition of a residential building permit are a single-family or a duplex carport, patio cover, storage building, accessory building, pool, or fence.
B. This provision shall not apply to a person or persons performing the construction or remodeling to his, her, or their own single-family or duplex structure on their own property regardless if the construction or remodeling is to a single family or duplex structure that is also for rental purposes, unless the modifications are being performed by and the permit is acquired by a general contractor or subcontractor, in which case the general contractor or subcontractor shall meet the requirements set forth in subsection A of this section.
C. If the entity should require a contractor to register in order to monitor insurance verifications, the registration fee shall not exceed the fee assessed by the entity for other construction trade contractors licensed by the Construction Industries Board.
D. The entity shall not be liable if the documentation provided is false or if the general liability insurance or workers’ compensation insurance lapses after the building permit is issued.
Added by Laws 2009, c. 206, § 1, eff. Nov. 1, 2009. Amended by Laws 2010, c. 54, § 1, emerg. eff. April 9, 2010.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-111. Conditions of approval - Standards of evaluation - Record of conditions.

A. If a municipal zoning ordinance authorizes the consideration and approval of planned unit developments pursuant to Section 2 of this act, or otherwise provides for discretionary decisions, the regulations and standards upon which those decisions are made shall be specified in the ordinance. The standards shall be consistent with, and promote the intent and purpose of the comprehensive plan and/or any ordinances, and promote the land use or activity so as to be compatible with adjacent uses of land, the natural environment, and the planned capacities of public services and facilities affected by the land use. The standards shall also ensure that the land use or activity is consistent with the public health, safety, and welfare of the municipality.
B. Reasonable conditions may be required in conjunction with the approval of a planned unit development. Conditions imposed shall meet the following requirements:
1. Be designed to take into consideration natural environment, the health, safety and welfare of the residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
2. Be related to the valid exercise of the police power, and to the proposed use or activity.
3. Be necessary to meet the intent and purpose of the zoning requirements; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with those standards.
C. The conditions imposed with respect to the approval of a land use or activity shall be stated in the record of the approval actions, and shall not be changed or amended except as authorized by the zoning ordinance with notice as specified thereby. The approving body shall maintain a record of conditions which are changed.
Added by Laws 1990, c. 215, § 2, emerg. eff. May 18, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-112. Site plans - Submission, review and approval - Changes - Validity of prior approved developments.

A. As used in the section, "site plan" means the documents and plans specified in the zoning ordinance needed to ensure that a proposed land use or activity is in compliance with the ordinances and applicable state and federal regulations, if any.
B. The procedures and requirements for the submission and approval of site plans shall be specified in the zoning ordinance. Site plan submission, review and approval shall be required for planned unit developments. Decisions denying, approving, or conditionally approving a site plan shall be based upon the approved planned unit development conditions and standards, and requirements contained in the zoning ordinance.
C. Changes to the approval site plan may be authorized by the zoning ordinance with notice as specified thereby.
D. Nothing set out in this section or Sections 2 and 3 of this act shall invalidate a planned unit development approved by a municipality prior to the effective date of these sections.
Added by Laws 1990, c. 215, § 3, emerg. eff. May 18, 1990.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-114. Decision-making regulations and standards - Conditions of approval.

A. If a municipal zoning ordinance authorizes the consideration and approval of a specific use permit pursuant to the provisions of this act, the regulations and standards upon which those decisions are made shall be specified in the ordinance. The standards shall be consistent with, and promote the intent and purpose of the comprehensive plan and/or ordinances, and promote the land use or activity so as to be compatible with adjacent uses of land, the natural environment, and the planned capacities of public services and facilities affected by the land use. The standards shall also ensure that the land use or activity is consistent with the public health, safety, and welfare of the municipality.
B. Reasonable conditions may be required in conjunction with the approval of a specific use permit. Conditions imposed shall meet the following requirements:
1. Be designed to take into consideration natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
2. Be related to the valid exercise of the police power, and to the proposed use or activity;
3. Be necessary to meet the intent and purpose of the zoning requirements;
4. Be related to the standards established in the ordinance for the land use or activity under consideration; and
5. Be necessary to ensure compliance with those standards.
C. The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions, and shall not be changed or amended except as authorized by the zoning ordinance with notice as specified thereby. The approving body shall maintain a record of conditions which are changed.
Added by Laws 2003, c 18, § 2, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-43-115. Site plans - Submission and approval.

A. As used in this section, “site plan” means the documents and plans specified in the zoning ordinance which are needed to ensure that a proposed land use or activity is in compliance with the ordinances and applicable state and federal regulations, if any.
B. The procedures and requirements for the submission and approval of site plans shall be specified in the zoning ordinance. Site plan submission review and approval shall be required for specific use permits. Decisions denying, approving, or conditionally approving a site plan shall be based upon the approved specific use permit conditions and standards, and requirements contained in the zoning ordinance.
C. Changes to the approved site plan may be authorized by the zoning ordinance with notice as specified thereby.
D. The ordinance providing for specific use permits may provide that the permit shall become void if the use ceases for a specified period of time or if the use does not commence within a specified time after the granting of the specific use permit.
E. Nothing set out in this section or Sections 1 and 2 of this act shall invalidate a specific use permit approved by a municipality prior to the effective date of these sections whether named a specific use permit or conditional use permit or other term but having as its purpose the same or similar purpose herein provided and which provided notice and an opportunity for hearing prior to approval.
Added by Laws 2003, c. 18, § 3, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-44-101. Board of adjustment - Appointment.

Where a municipality is exercising zoning powers, as conferred by Sections 43-101 through 43-109 of this title, the governing body of the municipality shall provide by ordinance for the appointment of a Board of Adjustment. The board of adjustment shall consist of five (5) members, each to be appointed for a term of three (3) years and removable for cause by the governing body, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
Laws 1977, c. 256, § 44-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-44-102. Meetings and rules.

The board of adjustment shall adopt rules in accordance with the provisions of the ordinance adopted by the municipal governing body. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record.
Laws 1977, c. 256, § 44-102, eff. July 1, 1978.