reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-44-103. Board of adjustment in cities over 200,000 population - Hearings and compensation.

In any city which has a population in excess of two hundred thousand (200,000), the board of adjustment shall hold a minimum of two regular scheduled public hearings per month, unless the city also has a board of building code appeals which holds at least one meeting each month in addition to the monthly meeting of the board of adjustment. The members of the board of adjustment may receive a per diem of Twenty-five Dollars ($25.00) for each meeting attended not to exceed Fifty Dollars ($50.00) per month.
Laws 1977, c. 256, § 44-103, eff. July 1, 1978.
2023 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.
2023 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.
2023 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.
2023 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; and
4. 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.
2023 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.
2023 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; and
3. 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.
2023 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; and
4. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
6. "Commission" means the city planning commission.
Laws 1977, c. 256, § 47-101, eff. July 1, 1978.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-108. Procedure of commission in adopting the plan.

The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, the parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension, or addition the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the municipality and in the official gazette, if any, of the municipality. The adoption of the plan or of any part or amendment or extension or addition shall be by resolution of the commission carried by the affirmative votes of a majority of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission. An attested copy of the plan or part thereof shall be certified to the council.
Laws 1977, c. 256, § 47-108, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-109. Legal status of official plan - Approval by commission.

Whenever the commission shall have adopted the master plan of the municipality or of one or more major sections or districts thereof no street, square, park, or other public way, ground, or open space, or public building or structure, or other government enterprise, shall be constructed or authorized in the municipality or in the planned section and district until the location, character and extent thereof shall have been submitted to and approved by the commission. In the case of disapproval, the commission shall communicate its specific findings and reasons for disapproval in writing to the council, which shall have the power to overrule the disapproval by a recorded vote of not less than two-thirds of all its members. If the authorization or financing of the public way, ground, space, building, structure, or other governmental enterprise, does not fall within the province of the council, under the law or charter provisions governing same, the submission to the commission shall be by the board, commission or body having jurisdiction, and the commission's disapproval may be overruled by the board, commission or body having jurisdiction by a vote of not less than two-thirds of all its members. If the sponsoring agency is appointive and not elected, the disapproval of the commission cannot be overridden except by a vote of not less than two-thirds of all the members of the council. The failure of the commission to act within sixty (60) days after the date of official submission to the commission shall be deemed approval.
Laws 1977, c. 256, § 47-109, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-110. Overruling planning commission action by council.

Any action of the commission as set forth in any report, recommendation, order or decision of the commission, which, by law, is required to be submitted to the council for approval, disapproval or further action, may be overruled by the council only by the vote of not less than a majority of the entire membership of such council.
Laws 1977, c. 256, § 47-110, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-111. Miscellaneous powers and duties of commission.

The commission shall have power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or of any report and may employ other means of publicity and education as it may determine. Members of the commission, when duly authorized by the commission, may attend city planning conferences or meetings of city planning institutes or hearings upon pending city planning legislation, and the council, by resolution spread upon its minutes, may authorize and pay the reasonable traveling expenses incident to attendance at authorized meetings. The commission from time to time shall recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, education, professional and other organizations, and with citizens with relation to the protecting or carrying out of the plan. The commission shall have the right to accept and use gifts for the exercise of its functions. All public officials shall furnish the commission, upon request and within a reasonable time, available information as it may require for its work. The commission, its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the commission shall have the powers as may be necessary to enable it to fulfill its functions, promote municipal planning, or carry out the purposes of this article.
Laws 1977, c. 256, § 47-111, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-112. Transfer of zoning powers and duties to planning commission.

In order to avoid a multiplicity of boards and commissions and to avoid a duplication of functions, the council may transfer to the city planning commission all of the powers and duties of any zoning commission or planning commission now existing and may authorize the city planning commission to exercise the powers and to perform the duties relative to the formulation of zoning regulations which are now authorized by law. The provisions of this article shall not be construed as a general grant of power to municipalities to create districts and regulate buildings and land uses therein, but that power shall continue as may be authorized by law.
Laws 1977, c. 256, § 47-112, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-113. Scope of control of subdivisions - Review of plats.

After a city planning commission is organized, all maps, plats, replats, and subdivisions of land into lots, blocks, streets and alleys shall be submitted to the commission, and no map or plat of land within the jurisdiction of the commission shall be filed or recorded until it shall have been approved by the commission and the approval entered in writing on the plat by the chairman or secretary of the commission.
Laws 1977, c. 256, § 47-113, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-114. Subdivision regulations.

A. Before the commission may exercise jurisdiction over subdivision of land, it shall adopt regulations governing the subdivision of land within its jurisdiction. The regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air, or for the avoidance of congestion of population, including minimum width and area of lots.
B. The regulations on subdivision of land may include provisions as to the extent to which streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations or practice of the commission may provide for a tentative approval of the plat previous to such installation; but any such tentative approval shall be revocable for failure to comply with commitments on which the tentative approval was based, and shall not be entered on the plat. In lieu of the completion of any improvements and utilities prior to the final approval of the plat, the commission may accept an adequate bond satisfactory to the commission, with surety, to secure to the municipality the actual construction and installation of the improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission, and further conditioned that the developer will pay for all material and labor entering into the construction of the improvements. The municipality is hereby granted the power to enforce such bond by all appropriate legal and equitable remedies.
C. Nothing in this section shall be construed as granting to any municipality or city planning commission the power to direct any public utility to extend its services to any particular area.
D. All regulations governing the subdivision of land shall be published as provided by law for the publication of ordinances, and before adoption, a public hearing shall be held thereon.
Added by Laws 1977, c. 256, § 47-114, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-115. Procedure for approval of plats.

The commission shall approve or disapprove a plat within thirty (30) days after it has been submitted to the commission; otherwise the plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission's approval may waive the thirty-day requirement and consent to an extension of the period. The ground for disapproval of any plat shall be stated upon the records of the commission. Any plat submitted to the commission shall contain the name and address for a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the commission without affording a hearing thereon. Notice shall be sent to the person at the address by registered mail of the time and place of the hearing not less than five (5) days before the date fixed therefor. Similar notice shall be mailed by first-class mail to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the county clerk's office and their addresses appear in the directory of the municipality or on the tax records of the municipality or county. Every plat approved by the commission, by virtue of the approval, shall be deemed to be an amendment of or an addition to or a detail of the municipal plan and a part thereof. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. The commission from time to time may recommend to the council amendments of the zoning ordinance or map or additions thereto to conform to the commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions. The commission shall have the power to agree with the applicant upon use, height, area or bulk requirements or restrictions governing buildings and premises within the subdivision, provided such requirements or restrictions do not authorize the violation of the then effective zoning ordinance of the municipality. The requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power or amendment or repeal as though set out as a part of the zoning ordinance or map of the municipality.
Added by Laws 1977, c. 256, § 47-115, eff. July 1, 1978. Amended by Laws 1998, c. 234, § 5, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-116. Unapproved plats not entitled to record.

A. No plat, replat, or subdivision of land within the jurisdiction of the commission shall be entitled to record unless it bears the written approval of the commission. No deed referring to the unapproved plat shall be entitled to record and, if recorded, shall not import notice.
B. No deed describing land by metes and bounds which conveys land within the jurisdiction of the commission in a tract of five (5) acres or less shall be entitled to record and, if recorded, shall not import notice, unless one of the following conditions is met:
1. The deed bears the written approval of the commission; or
2. A preceding title transaction of record bears the written approval of the commission of the metes and bounds description in the subsequent deed.
C. The provisions of subsections A and B of this section shall not apply to any plat, replat, subdivision or deed which has been recorded prior to annexation by the municipality, or to any deed or other conveyance of unplatted property covering all of the unplatted property acquired by the grantor in a single conveyance if the grantor's deed has been filed of record for five (5) years or more.
Added by Laws 1977, c. 256, § 47-116, eff. July 1, 1978. Amended by Laws 1978, c. 65, § 1, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-117. Improvements in unapproved streets.

The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street, or lay or authorize water mains or sewers or utility connections to be laid in any street, within any portion of territory for which the commission shall have adopted a major street plan, unless the street:
1. Shall have been accepted or opened as or shall otherwise have received the legal status of a public street prior to the adoption of the street plan; or
2. Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the commission or with a street on a street plat made by and adopted by the commission.
However, the council may accept any street not shown on or not corresponding with a street on the official master plan or on an approved subdivision plat or an approved street plat, provided the ordinance or other measure accepting such street be first submitted to the city planning commission for its approval, and, if approved by the commission, be enacted or passed by not less than a majority of all the members of the council. If the ordinance or other measure accepting such street is disapproved by the commission, the ordinance or measure may be enacted or passed by not less than two-thirds of all the members of the council. A street approved by the commission upon submission by council, or a street accepted by two-thirds vote after disapproval by the commission, shall thereupon have the status of an approved street as fully as though it had been originally shown on the official master plan or on a subdivision plat approved by the commission or had been originally platted by the commission.
Laws 1977, c. 256, § 47-117, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-118. Erection of buildings.

After the city planning commission has adopted a major street plan of the territory within its subdivision jurisdiction or part thereof, no building shall be erected on any lot within the territory or part, nor shall a building permit be issued therefor unless the street giving access to the lot upon which the building is proposed to be placed:
1. Shall have been accepted or opened as or shall otherwise have received the legal status of a public street prior to that time; or
2. Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the commission or with a street accepted by council, after submission to the commission, by the favorable vote required in Section 47-117 of this title.
Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated and have it removed.
Laws 1977, c. 256, § 47-118, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-119. Use of certain private roadways - Dedication, repair and maintenance of roadways - Building permits.

A. A municipality situated in three or more counties which contains large areas of rural land not served by water and sewer facilities by the municipality shall recognize and permit the use of private roadways in either platted or unplatted areas consisting of ten (10) acres or less and shall issue building permits to owners of property abutting upon the private roadways without complying with standards as provided for dedicated streets under the following conditions:
1. The private roadway easement shall be at least fifty (50) feet in width;
2. The property abutting the private roadway shall contain not less than two (2) acres;
3. The property shall be more than one-fourth (1/4) mile from sewer and water facilities furnished by the municipality;
4. The private roadway shall not be dedicated to the public but reserved for future dedication and, until such future dedication, be the private roadway of the abutting property owners;
5. The private roadway shall be maintained by the owners of the property within the subdivision;
6. The municipality shall have no responsibility for the maintenance and repair of the private roadway;
7. If the property is platted, there shall be emblematized on the face of the plat, clearly conspicuous, a notice that the streets and drives have not been dedicated to the public, and that the streets shall be maintained by the private property owners within the subdivision, but that the streets shall always be open to police, fire, and other official vehicles of all state, federal, county, and municipal agencies;
8. Every deed shall clearly acknowledge that the roadway is private and not maintained by the municipality; and
9. Prior to the sale of any parcel in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: "Private roadway not maintained by __________ (the municipality)".
At any time after the municipality recognizes and permits the use of such private roadway, a petition of at least sixty percent (60%) of the owners, in area, to improve and dedicate the street shall bind all of the owners thereby, to permanently improve the street or roadway in compliance with the requirements of the municipality. All other ordinances and planning commission regulations pursuant to the provisions of this article relating to subdivisions not in conflict herewith shall be applicable in such cases.
B. Multiple subdivisions divided into contiguous ten-acre tracts shall not qualify for the private road exemption provided for in subsection A of this section.
Added by Laws 1977, c. 256, § 47-119, eff. July 1, 1978 Amended by Laws 1983, c. 312, § 1, emerg. eff. June 27, 1983; Laws 2007, c. 193, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-120. Status of existing platting statutes.

After a city planning commission has control over subdivision as provided in Section 47-114 of this title, the jurisdiction of the commission, as herein conferred over plats shall be exclusive within the territory under its jurisdiction.
Laws 1977, c. 256, § 47-120, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-121. Building line ordinance.

After any plan for major streets, or portions thereof, has been prepared and adopted by a city planning commission, the council shall be authorized and empowered to establish, regulate and limit building or setback lines on such major streets by ordinance and to prohibit any new building being located within the building or setback lines, and to amend such regulations from time to time.
Laws 1977, c. 256, § 47-121, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-122. Enforcement of building line ordinance - Board of adjustment - Appeals.

The council shall provide for the method by which its building or setback regulations shall be enforced and shall provide for a board of adjustment with powers to modify or vary the regulations, in specific cases, in order that unwarranted hardships, which constitute an unreasonable deprivation or use as distinguished from the mere grant of a privilege, may be avoided, the intended purpose of the regulations being strictly observed and the public welfare and public safety protected. If there is a board of zoning adjustment such board shall be appointed to serve as the board of adjustment for the building or setback line regulations. Regulations authorized under the provisions of this section shall not be adopted, changed or amended until a public hearing has been held thereon by the commission, public notice of which shall be given in the manner provided by law. Appeals may be taken from any order, regulation or action of a board of adjustment as provided in this section in the manner provided by law for appeals from orders of the board of adjustment in zoning cases.
Laws 1977, c. 256, § 47-122, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-123. Saving vested rights.

In any instance where it is shown that the application of the terms of Sections 47-101 through 47-124 of this title, or any proposed action hereunder, will be in material conflict with any accrued vested right so that it would, if applied to the particular property involved, result in substantial harm, loss, damage or impairment, such right shall be preserved, recognized and given effect and may be protected by any remedy herein provided for.
Laws 1977, c. 256, § 47-123, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-47-124. Judicial review.

A judicial review in the district court in the county in which the situs of the municipality is located may be had of any ruling, regulation, interpretation, order, requirement, refusal, permit, approval, or decision made under the terms of this article when such action is alleged to be arbitrary, unreasonable or capricious, and that by reason thereof such action has, or if enforced, will work an unnecessary hardship on or create substantial harm or loss to the complaining party.
Laws 1977, c. 256, § 47-124, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-48-101. Authorization to provide retirement fund and system.

The governing body of any municipality may provide by ordinance for a retirement fund and system for any or all of its employees and the employees of a duly constituted authority of the municipality which are not otherwise provided for by a pension or retirement system. The governing body may establish said retirement system as delayed compensation in order to encourage continuous and meritorious service on the part of employees and thereby promote public efficiency, and may provide retirement allowances and other benefits for said employees, their surviving spouses, and surviving children. The retirement fund and system may include all municipal employees whether they are engaged in a governmental or nongovernmental function of the municipality or the municipal authority. The retirement fund shall be supported wholly by the municipality or municipal authority or by joint contributions by the municipality or authority and the employee to be benefited.
Amended by Laws 1984, c. 126, § 81, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-48-102. Control and management of system.

Every municipality or municipal authority establishing a retirement fund and system is authorized and directed to provide for the control and management of the system by ordinance. The ordinance shall provide, in addition to other provisions, for:
1. The qualifications of the persons eligible for retirement benefits;
2. The minimum age for retirement of employees;
3. The limitations of the amounts to be paid to persons eligible for retirement benefits;
4. A Board of Trustees to administer the fund, and the duties, membership and powers of such board;
5. The amount of contributions to be made by the municipality or authority, and the amount to be made by the employee, if any; and 6. Such rules and regulations as the municipality or authority shall determine necessary for the proper regulation of the retirement system and fund.
The retirement fund and system shall be known as the "Employee Retirement System of ________ (name of municipality), Oklahoma" and by such name all of its business shall be transacted, all funds handled and all of its cash and securities and other property held. Any municipality or any municipal authority may combine or pool by contract with other municipalities and authorities pension and retirement funds for purposes of management and investment, and may create a single board of trustees for such purposes. The provisions of this section shall not apply to Firemen's Relief and Pension Funds nor to Police Pension and Retirement System funds.
Laws 1977, c. 256, § 48-102, eff. July 1, 1978.