Oklahoma § 19-866.16 - Zoning powers - Exemptions

§ 19-866.16. Zoning powers - Exemptions

A. For the purposes of promoting the public health, safety,

peace, morals, comfort, convenience, prosperity, order and general

welfare, and to lessen danger and congestion of public

transportation and travel, and to secure safety from fire and other

dangers, and to prevent overcrowding of land, and to avoid undue

concentration of population, and to provide adequate police

protection, transportation, water, sewerage, schools, parks,

forests, recreational facilities, military and naval facilities, and

other public requirements, and to prevent undue encroachment

thereon, the board of any such county is hereby empowered in

accordance with the conditions and procedure specified in this act,

to regulate:

1. 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;

2. The percentage of the lot or area which may be occupied;

3. The size of yards, courts and other open spaces;

4. The density and distribution of population; and

5. The uses of buildings, structures and land for trade,

industry, residence, recreation, civic and public activities and

other purposes.

B. 1. The zoning power hereby conferred shall not apply to the

erection or use of the usual farm buildings for agricultural

purposes, the planting of agricultural crops or forestry activities.

2. For purposes of this subsection, “forestry activity” means

any activity associated with the reforesting, growing, managing,

protecting and harvesting of timber, wood and forest products

Oklahoma Statutes - Title 19. Counties and County Officers

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-ofway.

Added by Laws 1957, p. 133, § 16, emerg. eff. May 31, 1957. Amended

by Laws 2000, c. 300, § 1, emerg. eff. June 5, 2000.

§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.

Oklahoma Statutes - Title 19. Counties and County Officers

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.