reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.16A. Board of county commissioners may establish fines and penalties.

A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.
B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.
2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:
a.
the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,
b.
one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and
c.
as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.
3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.
4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.
5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.
6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings to prevent or remove a violation.
Added by Laws 2009, c. 271, § 3.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.17. Division into districts or zones.

Whenever the commission of such county shall make and certify to the board of county commissioners of such county a zoning plan, including both the full text of the zoning resolution and proposed regulations and map or maps, representing the recommendations of the commission for the regulation by districts or zones, of the location, height, bulk, number of stories and size of buildings and other structures in the areas of the county, not included within the territorial jurisdiction of the municipality as herein defined, and the percentage of the lot or area which may be occupied, the size of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings, structures, and land for trade, industry, residence, recreation, civic, and public activities and other purposes, then the board may exercise the powers granted and, for the purposes mentioned in 19 O.S. 1961, Section 866.16, may divide the areas of such county located within three miles of such municipality or within one-fourth mile of a state or federal highway, and not included within the territorial jurisdiction of the municipality or within another incorporated municipality, into districts or zones in such number, shape, and areas as it may determine and, for said purposes, may regulate the erection, construction, reconstruction, conversion, alteration, and uses of buildings and structures and the uses of 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. In every county of this state having an upstream terminal port and turnaround where navigation ends, or in any county containing all or any part of a reservoir or reservoirs constructed by the United States Army Corps of Engineers, such county is hereby granted authority, at the discretion of the board of county commissioners, to divide all or any part of unincorporated areas of such county into districts or zones in such number, shape, and areas as it may determine and, for said purposes, may regulate the erection, construction, reconstruction, conversion, alteration, and uses of buildings and structures and the uses of 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.
Added by Laws 1957, p. 134, § 17, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 329, § 2, emerg. eff. June 22, 1963.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.18. Recommendations by commission.

Prior to the adoption of any zoning regulations the board, as it affects its jurisdiction, shall request the commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein. The commission shall make a preliminary report of its recommendations for such zoning regulations and shall hold one or more public hearings thereon. Such hearings may be adjourned from time to time. Within ninety (90) days after the final adjournment of such hearings, the commission shall make its final report to the board, together with a summary of the results of the public hearings, its proposed zoning regulations, map or maps, and suggested resolution. The board may then adopt the proposed regulations or refer them back to the commission for further consideration.
Added by Laws 1957, p. 134, § 18, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.19. Termination of nonconforming uses.

The board, within its area of jurisdiction may provide for the termination of nonconforming uses either by specifying the period or periods within which they shall be required to cease, or by providing a formula or formulas whereby the compulsory termination of nonconforming use shall be so fixed as to allow a reasonable period for the recovery of amortization of the investment in the nonconformance, provided, that in each instance any such action of the board shall be taken only after public notice and hearing thereon has been had before the commission and that commission's recommendations with respect thereto certified to the board.
Added by Laws 1957, p. 134, § 19, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.20. Amendment or repeal of regulations - Notice and hearing.

The zoning regulations imposed and the districts created under authority of this act may be amended, supplemented, changed, modified or repealed from time to time by resolution of the board, as it affects its jurisdiction, but no such change shall be made without public notice and hearing and the filing of a report and recommendations upon such proposed change by the commission.
All projects or matters that fall within the purview of the duties of the commission, as specified in this section shall be referred to the commission for investigation and report before any final action shall be taken thereon; provided, however, that if the said commission fails to make an investigation and report on any matter or subject referred to it for a period of thirty (30) days, such failure shall be considered a refusal to approve the proposed plan or project and the board shall be under no obligation to wait longer for reports or recommendations concerning said projects.
Added by Laws 1957, p. 134, § 20, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.21. Permits required - Administration of rules and regulations.

After the adoption of such zoning regulations or building line regulations by the board and/or the council, no building or other structures shall be erected, constructed, enlarged or altered, or repaired in such manner as to prolong the life of the building, nor shall the use of any land be changed without a permit issued in accordance with the rules and regulations adopted by the council or board under the terms of this act by the county inspecting officer as to territory falling within the jurisdiction of the county and of the inspector of the municipality as to territory falling within the jurisdiction of the municipality. The county inspecting officer shall have the duty of administering the rules and regulations under this act applicable to territory over which the municipality does not have jurisdiction, and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations. The inspector of the municipality shall have the duty of administering the rules and regulations under this act insofar as it applies to the territorial jurisdiction of the municipality and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations, except that in the matter of construction, surfacing and maintenance of streets, roads, and highways in the entire unincorporated area of the county, the board may prescribe rules and regulations and prescribe standards and the county engineer shall have the duty of administering such rules and regulations and when requested, shall assist in administering the rules and regulations governing subdivision of land in the unincorporated portions of the county and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations. The county inspecting officer and the city inspector may be designated as one and the same person by the board and council respectively, and when so designated shall exercise the authority vested in both officers.
Added by Laws 1957, p. 135, § 21, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.22. County Board of Adjustment.

The board of county commissioners of any such county shall appoint a county board of adjustment composed of five (5) members, residents of such county, two of whom shall reside outside the corporate limits of the municipality, for a term of three (3) years, except that when the first appointment is made hereunder, the term of office of two of said members shall be one (1) year, the term of two of said members shall be two (2) years, and the term of office of one of said members shall be three (3) years. A member of such county board of adjustment, once qualified, can thereafter be removed during his or her term of office only for cause and after a hearing held before the board of county commissioners. In the event of the death, resignation or removal of any such member before the expiration of his or her term, a successor shall be appointed by the board of county commissioners to serve his or her unexpired term. All members of the county board of adjustment shall serve as such without compensation.
The county board of adjustment shall elect its own chair and shall adopt rules or procedures consistent with the provisions of Section 866.1 et seq. of this title. The chair, or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. Three members of the county board of adjustment, with both the city and the county being represented, shall constitute a quorum. All meetings of the county board of adjustment shall be open to the public and a public record shall be kept of all proceedings.
The county board of adjustment may, with the approval of the board of county commissioners, appoint such employees as may be necessary and may incur necessary expenses, within the limits of the appropriations authorized by the board of county commissioners.
For each petition and for each request for a public hearing, the county board of adjustment shall collect a fee the amount thereof to be fixed by the respective boards of county commissioners which such fees shall be deposited with the county treasurer as required by law, and credited to the general fund of the county, and report thereof made to the board of county commissioners each month. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.
Added by Laws 1957, p. 135, § 22, emerg. eff. May 31, 1957. Amended by Laws 2009, c. 108, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.23. Appeals to board - Powers and duties.

Appeals to the county board of adjustment may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the county inspecting officer in administering the county zoning regulations or building line and setback regulations. Such appeals shall be taken within a period of not more than ten (10) days, by filing written notice with the county board of adjustment and the county inspecting officer, stating the grounds thereof. An appeal from the county board of adjustment shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken shall certify to the board of adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The county board of adjustment shall have the following powers and it shall be its duty:
1. To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the county inspecting officer in the enforcement of the county zoning regulations.
2. To hear and decide requests for map interpretations or for decisions on other special questions upon which it is authorized to pass by the regulations adopted by the board.
3. Where, by reason of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under this act would result in peculiar and exceptional difficulties to, or exceptional and demonstrable undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such demonstrable difficulties or hardships, provided such relief can be granted without substantially impairing the intent, purpose, and integrity of the zone plan or other element of the comprehensive plan as embodied in the zoning regulations and map.
In exercising the above powers, such board of adjustment may, in conformity with the provisions of this act, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
In acting upon any appeal, such board of adjustment shall, in its consideration of and decision thereon, apply the principles, standards and objectives set forth and contained in all applicable regulations, ordinances and resolutions and in the comprehensive plan.
Added by Laws 1957, p. 136, § 23, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.24. Appeals to district court.

An appeal to the district court from any decision, ruling, judgment, or order of said county board of adjustment may be taken by any person or persons, firm or corporation, jointly or severally, aggrieved thereby, or any department, board or official of government by filing with the clerk of said board within ten (10) days a notice of such appeal. No bond shall be required for such appeal, but costs may be required in the district court as in other cases. Upon filing of such notice, the clerk of said board shall forthwith transmit to the clerk of the district court the originals or certified copies of all papers constituting the record in such case, together with the order, judgment or decisions of said board. Said cause shall be tried de novo in the district court and said court shall have the same power and authority as the county board of adjustment, together with all other powers of the district court in law or in equity. An appeal to the Supreme Court from the decision of the district court shall be allowed as in other cases.
Added by Laws 1957, p. 136, § 24, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.25. Zoning regulations to govern.

Whenever the zoning regulations made under authority of this act require a greater width of size of yards, courts, or other open spaces or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or require a lower density of population, or require a more restricted use of land, or impose other higher standards than are required in any other statute, local order of regulation, private deed restrictions or private covenants, the regulations made under the authority of this act shall govern.
Added by Laws 1957, p. 137, § 25, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.26. Construction codes.

Whenever a zoning plan has been adopted and filed by the council and board, the board, upon the recommendations of the commission, is hereby authorized and empowered to establish for the area over which it exercises zoning jurisdiction a building code and other construction codes including, but not limited to, a plumbing code, an electrical code and an air conditioning and refrigeration code. Such building regulations and construction codes shall be administered and enforced by the county inspecting officer appointed by the board.
Regulations authorized by this section shall not be adopted, changed, or amended by the board until a public hearing has been held thereon by the commission.
Added by Laws 1957, p. 137, § 26, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.27. Housing code.

Whenever a zoning plan and building code have been officially adopted by the council, authorization is hereby given the council to establish a housing code, upon recommendation of the commission, for the incorporated municipality. Whenever a zoning plan and building code have been officially adopted by the council and board for their respective jurisdictions, authorization is hereby given the board to establish a housing code for the area over which it exercises zoning jurisdiction, upon recommendation of the commission.
A housing code established under the terms of this act shall establish minimum equipment and facility standards relating to health and sanitation including standards for lighting; heating; ventilation; garbage and waste disposal; sewage disposal; water supply; and egress. Standards shall be established for the general sanitary condition of the dwelling unit; sanitary equipment; heating equipment; chimney and flues, the storage of inflammable liquids, wiring, and other fire hazards; pest infestation; internal structural repair; external structural repair; dampness; and other factors relating to health and sanitation. Minimum standards for condition of occupancy shall be established relative to general room crowding and area crowding for sleeping and nonsleeping area and relative to mixing business and living uses in the same area or structure.
A housing code established under the authorization of this act shall be based on a comprehensive survey of the actual condition of structures and environmental surroundings in the area as they relate to quality of housing, and shall be drawn to apply to all types of dwellings, and the environment thereof, used for human occupancy in the area. The enforcement and administration of the housing code shall be conducted by the inspector of the city and the inspecting officer of the county who shall advise with and work in conjunction with the city and county health departments in such administration. Administration and enforcement shall be carried out on a systematic inspection basis designed to apply quality of housing standards equally throughout the area. Enforcement of the housing code shall be coordinated with the enforcement program of the building code, construction codes and zoning regulations of the city and county respectively.
Regulations authorized by this section shall not be adopted, changed, or amended by the council or board until a public hearing has been held thereon by the commission.
Added by Laws 1957, p. 137, § 27, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.28. Building permit fees - Inspection fees.

For building permits issued under this act, there shall be paid a fee of One Dollar and fifty cents ($1.50), plus one-tenth (1/10th) of the one percent (1%) of the job valuation up to One Hundred Thousand Dollars ($100,000.00) and one-twenty-fifth (1/25) of one percent (1%) of the job valuation over One Hundred Thousand Dollars ($100,000.00), but not to exceed Three Hundred Dollars ($300.00). For each tentative plat there shall be paid a fee of Ten Dollars ($10.00), and for each final plat a fee of Ten Dollars ($10.00), or a fee of fifty cents ($0.50) per lot, plus Five Dollars ($5.00), whichever is larger, and for each "lot-split" there shall be paid a fee of Two Dollars ($2.00). For each request for public hearing before the commission, there shall be paid a fee of Twenty-five Dollars ($25.00). No fees shall be required of municipalities or public schools. For each appeal to the county board of adjustment, there shall be paid a fee of Fifteen Dollars ($15.00). All fees shall be paid to the county treasurer of the county or the city clerk of the municipality, as the case may be.
The Legislature declares the foregoing fees to be reasonable and proportionate to the services rendered and the benefits involved; provided, however, the amount of the foregoing fees may be increased or diminished by action of the respective governing bodies. No fees or permits shall be required for the construction of any farm home or any other farm building. The foregoing fees shall be paid to the county treasurer or the city clerk in accordance with the territorial jurisdiction for enforcing and administering this act. All monies received shall be paid into the respective general funds of the city and county. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.
The council and board may each establish a schedule of fees for inspections and investigations as respects the territory within their respective enforcement jurisdictions, which said fees shall be reasonable and proportionate to the services rendered and benefits involved, and shall be paid into the respective general funds of the city and county.
Added by Laws 1957, p. 138, § 28, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.29. Notice of public hearings.

A. Notice of all public hearings herein provided for shall be given by one publication in a newspaper of general circulation in the municipality and the county at least fifteen (15) days prior to the date of such hearing.
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 zoning change 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 1957, p. 138, § 29, emerg. eff. May 31, 1957. Amended by Laws 2009, c. 226, § 5, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.30. Exemptions from zoning regulations.

A. The zoning power conferred herein shall not apply to the erection or use of the usual farm buildings for agricultural purposes or to the planting of agricultural crops, to the extraction of oil or natural gas, or to forestry activities.
B. The power of the board to establish building and construction codes shall not apply to:
1. A single family residence located on a separate parcel of land under one ownership, containing twenty (20) acres or more in area;
2. Any lands which, as of the effective date hereof:
a.
are devoted to manufacturing and/or industrial use, or
b.
have been acquired by any owner for expansion of facilities devoted to manufacturing and/or industrial use, so long as such use or ownership continues;
3. The acquisition of property or easements for or the installation, construction, maintenance or use of structures, facilities and property of electric cooperatives or public utilities subject to the jurisdiction of the Corporation Commission of the State of Oklahoma, or other similar state or federal body.
C. For purposes of this section, the term “forestry activity” means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures. The term “forestry activity” shall not pertain to areas and property which would restrict access to public road construction or right-of-way.
Added by Laws 1957, p. 138, § 30, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, § 5, emerg. eff. June 11, 1963; Laws 2000, c. 300, § 2, emerg. eff. June 5, 2000.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.31. Validation of existing plans, ordinances, etc.

All existing plans, regulations, resolutions, ordinances and codes and all amendments, supplements and changes thereof adopted under prior existing planning acts, and all actions taken under the authority thereof, are hereby validated and continued in effect until amended, revised, or repealed by appropriate official action taken under authority of this act. Any comprehensive plan heretofore filed of record in the office of the county clerk of said county by the presently existing city commission may by resolution of the commission be withdrawn from record and the recording of such resolution of withdrawal in the office of the county clerk shall be authority for the exclusion from abstracts of title of such plan so withdrawn.
Added by Laws 1957, p. 138, § 31, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.32. Violations and penalties.

A violation of this act or of any order or regulation adopted under authority of this act shall be deemed a misdemeanor and shall be punishable by fine or by imprisonment or both, as now provided by law for misdemeanors, and jurisdiction is hereby conferred upon any municipal, criminal, or police court in the municipality over offenses occurring within the municipality, which jurisdiction shall be concurrent with that of any other court having jurisdiction thereof.
Added by Laws 1957, p. 139, § 32, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.33. Exclusive control by commission - Transfer of records, etc.

From and after the time such commission is constituted by the cooperating governmental units, it shall have exclusive control for the purposes herein provided over the territory within such city and the unincorporated areas of the county to the exclusion of any other planning and zoning agency, excepting therefrom any city or county boards of adjustment. The now existing city planning commission shall transfer to this commission upon its activation all records, resolutions, maps, charts, plats and other descriptive matter which said city planning commission shall have in their possession.
Added by Laws 1957, p. 139, § 33, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.34. Continued operation after population increase.

Any county availing itself of the provisions of this act may continue to operate thereunder though the population of a city therein may hereafter exceed one hundred thousand (100,000).
Added by Laws 1957, p. 139, § 34, emerg. eff. May 31, 1957.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-866.35. Contracts with city-county planning commissions.

For the purpose of cooperating with the State of Oklahoma in conserving the material resources of the state, and in promoting the health, safety, peace, morals and general welfare of the people of the state, any incorporated city or town within a county having in existence a city-county planning commission, as authorized in 19 O.S. 1961, Section 866.1, is hereby authorized to contract with or retain such commission to function as an advisory, consultative and coordinating agency for such city or town in its urban planning activities, including but not limited to making surveys, transportation plans, public facility plans, land use studies, urban renewal plans, conservation plans, technical service, and other planning work.
Added by Laws 1965, c. 143, § 1, emerg. eff. May 24, 1965.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-867.1. Dedications for street or highway purposes not required as condition for approval of zoning ordinance.

The county commissioners of any county or the governing body of any incorporated city or town or the planning commission of any county, city, or town or the board of adjustment of any county, city, or town or any other governing body, board, or commission having authority to approve or disapprove a zoning ordinance or resolution or a recording of a lot-split deed shall not require the dedication for street or road right-of-way purposes of any easements or other interest in land as a condition for the approval of such zoning ordinance or resolution or the recording of a lot-split deed. Any transfer of interest in land for the purpose of securing such approval shall not be deemed a consideration therefor, provided, however, that the provisions of this section shall not apply to dedications to the public of property interest by the owner thereof in approved subdivision plats or building set-back requirements.
Added by Laws 1965, c. 152, § 1, emerg. eff. May 25, 1965.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.1. Creation of county planning commission and board of adjustment.

In every county subject to the provisions of this act there are hereby created a county planning commission and a county board of adjustment with the respective powers and duties as set forth in this act.
Added by Laws 1972, c. 244, § 1, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.2. Personnel of county planning commission.

The county planning commission shall be composed of seven (7) members to be appointed by the board of county commissioners. One member shall be a member of the board of county commissioners and the remaining six members shall be residents of the unincorporated areas of the county. The term of the county commissioner member shall be coextensive with his term of official office, and all other members shall be appointed for terms of six (6) years, except that such terms shall be made overlapping and the respective terms of those first appointed may be less than six (6) years. All members shall serve as such without compensation. Members may be removed by the board of county commissioners for cause after a public hearing held for that purpose and vacancies shall be filled by additional appointments.
Added by Laws 1972, c. 244, § 2, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.3. Personnel and procedure of county board of adjustment.

The county board of adjustment shall be composed of three resident property owners of the county to be appointed by the board of county commissioners. At least one member shall be a resident of the county seat of such county and at least one member shall be duly licensed as an attorney in the State of Oklahoma. The term of each member shall be three (3) years except that the terms shall be overlapping and the membership of the board first appointed shall be for terms of one (1), two (2) and three (3) years, respectively. The board of county commissioners is hereby authorized to fill vacancies which may occur in the board and to appoint a substitute or substitutes to serve in a particular case in which a member or members shall certify his disqualification. Members may be removed by the board of county commissioners for cause after a public hearing held for that purpose, and vacancies shall be filled by additional appointments. All members of the county board of adjustment shall serve as such without compensation.
The county board of adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of the zoning regulations and the provisions of this act. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the county board of adjustment shall be open to the public, and minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the board and shall be a public record. The board of adjustment shall fix a reasonable time for the hearing of any appeal and every appeal shall be heard within sixty (60) days from the date of filing.
Notice of hearings before the county board of adjustment shall be given by at least one (1) publication in a newspaper of general circulation in the county and by mail to the record owners of lands contiguous to the affected area at least fifteen (15) days prior to the date of such hearing.
Added by Laws 1972, c. 244, § 3, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.5. Procedure of county planning commission.

The county planning commission shall hold at least one regular meeting each month. The commission shall elect a chair who shall serve for one (1) year with eligibility for reelection. The commission shall adopt rules of procedure for the transaction of its business, set fees for building permits and time periods for filing petitions and fees for amendments to zoning regulations which shall be approved and adopted by the board of county commissioners. The county planning commission shall keep a public record of its resolutions, transactions, findings and recommendations.
Before holding any hearing hereinafter provided for in this act, the county planning commission shall give notice stating the nature of the hearing and the time and place where it shall be held. Such notice shall be given at least once each week for three (3) successive weeks prior to the date of such hearing in a newspaper of general circulation in the county.
Added by Laws 1972, c. 244, § 5, emerg. eff. April 7, 1972. Amended by Laws 1995, c. 103, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.6. Master plan.

The county planning commission shall make, adopt and may publish an official master plan of the county for the purpose of bringing about coordinated physical development in accordance with the present and future needs of the county. The master plan shall be developed so as to conserve the natural resources of the county, to insure efficient expenditure of public funds, and to promote the health, safety, convenience, prosperity and general welfare of the inhabitants. Such master plan may include, among other things, studies and recommendations relative to the location, character and extent of highways, railroads, bus, street car and other transportation routes, bridges, public buildings, schools, parks, parkways, airports, forests, wildlife refuges, dams and projects affecting conservation of natural resources. The master plan shall not limit the construction, maintenance or operation of public service facilities outside of the riding surface of county roads, streets, highways or section lines of companies regulated by the Oklahoma Corporation Commission, nor shall such master plan apply to or limit construction of telephone exchange buildings. The commission may adopt the master plan in whole or in part and subsequently amend or extend the adopted plan or portion thereof. Before the adoption, amendment or extension of the plan or portion thereof the commission shall hold at least one public hearing thereon. Such hearing may be adjourned from time to time. The adoption of the plan, or part thereof, shall be by resolution carried by not less than a majority vote of the full membership of the commission. After the adoption of the master plan, or part thereof, an attested copy shall be certified to the board of county commissioners, to the county clerk and to the clerk of such incorporated area covered by the plan.
Added by Laws 1972, c. 244, § 6, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.7. Submission of proposed improvements to county planning commission.

From and after the adoption of the master plan or portion thereof and its proper certification, then and henceforth no improvement of a type embraced within the recommendations of the master plan shall be constructed or authorized without first submitting the proposed plans thereof to the planning commission and receiving the written approval and recommendation of said commission; provided, however, that this requirement shall be deemed to be waived if the county planning commission fails to make its report and recommendations within forty-five (45) days after the receipt of the proposed plans, and provided further that the disapproval or recommendations of the commission may be overruled by a two-thirds (2/3) vote, properly recorded, of the legislative body, board or officials sponsoring or acting upon the proposed improvements, after the reasons for such overruling are spread upon its minutes.
Added by Laws 1972, c. 244, § 7, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.9. Building law regulations.

Whenever a plan for major highways has been adopted and filed by the county planning commission, the board of county commissioners, upon recommendation of the county planning commission, is hereby authorized and empowered to establish, regulate and limit, and to change and amend, building or set-back regulations on such major highways, and to prohibit any new building's being located within such building or set-back lines outside the corporate limits of any city or town. In establishing such building line, the board of county commissioners shall take into consideration the present stage of development along such highways, including the type of buildings and nature of their use, as well as their number and location, the present width of such highways and type of construction, the amount of traffic using such highways, and probable future needs to protect safety and provide adequate transportation along such highways in view of the trend of development of residential, commercial and industrial areas served by such highways.
Regulations authorized by this section shall not be adopted, changed or amended by the board of county commissioners until a public hearing has been held thereon by the county planning commission.
Added by Laws 1972, c. 244, § 9, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.10. Enforcement - Appeals - Modification.

After the board of county commissioners shall have established building or set-back lines on such major highways, no new building or structure shall be erected within such building or set-back lines outside the corporate limits of any city or town, and no permit for such building shall be issued by the county engineer who is hereby designated as the officer to administer and enforce such building or set-back line regulations. The county board of adjustment, hereinbefore created, shall hear appeals of any property owner aggrieved by such building line regulations. Said board of adjustment shall have the power to modify or vary the building or set-back line regulations in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of uses as distinguished from a mere grant of privilege, may be avoided, the intended purpose of the regulations strictly observed, and the public welfare and public safety protected.
Added by Laws 1972, c. 244, § 10, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.11. Zoning by board of county commissioners.

The board of county commissioners is hereby empowered to adopt zoning regulations effective in the unincorporated areas of the county for the purposes of promoting the health, safety, peace, morals, comfort and the general welfare of the inhabitants; lessening danger and congestion in public transportation and travel; securing safety from fire and other dangers; preventing overcrowding of land; avoiding undue concentration of population; providing adequate police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, airports, military and naval facilities, and other public requirements; and preventing undue encroachment thereon. The zoning power hereby conferred shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted except as hereinafter provided; nor shall the provisions of this act apply to the erection, installation and use of structures and equipment by public utilities subject to the jurisdiction and regulation of the Corporation Commission of the State of Oklahoma or other similar state or federal regulatory bodies; nor to the erection or use of the usual farm buildings for agricultural purposes, the planting of agricultural crops or the extraction of minerals.
Added by Laws 1972, c. 244, § 11, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.11A. Board of county commissioners may establish fines and penalties.

A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.
B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.
2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:
a.
the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,
b.
one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and
c.
as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.
3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.
4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.
5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.
6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings
Added by Laws 2009, c. 271, § 4.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.14. Existing uses.

A legally existing use, building or structure, existing at the time of the adoption and recording of any regulations authorized hereunder, but not in conformity therewith, may be continued but shall not be extended or structurally altered unless the same be changed to conform to such regulations or changed to a higher or more restrictive use.
Added by Laws 1972, c. 244, § 14, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 19. Counties and County Officers › §19-868.15. Procedure for adoption of zoning regulations.

Prior to the adoption of any zoning regulations, the board of county commissioners shall request the county planning commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein. The county planning commission shall make a preliminary report of its recommendations for such zoning regulations and shall hold a public hearing thereon for each township to be affected by the proposed regulations. Such hearings may be adjourned from time to time. Within ninety (90) days after the final adjournment of such hearings the county planning commission shall make its final report together with its proposed zoning regulations and a summary of the results of the public hearings to the board of county commissioners. The board of county commissioners may then adopt the proposed regulation or refer it back to the county planning commission for further consideration. If a written protest against the proposed zoning of any land lying within one and one-half (1 1/2) miles of the limits of any municipality having a zoning ordinance is received from the governing body thereof, the board of county commissioners shall not adopt the proposed zoning regulations of such land except by a record vote of all members and after a statement of the reasons for such action shall be spread upon its minutes or records.
Added by Laws 1972, c. 244, § 15, emerg. eff. April 7, 1972.