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Bartlesville City Zoning Code

SECTION 1

- SCOPE AND APPLICATION

1.1 - Title and Authority.

The official title of this document shall be the "Zoning Regulations for the Bartlesville-Washington County Metropolitan Planning Area." These regulations are adopted under the specific authority granted by the Oklahoma State Statutes Title 3, Section 101 et seq., Title 11, Section 43, and Title 19, Section 866, as amended, and are intended to exercise broadly the powers granted to the City and County thereunder.

1.2 - Purpose and Intent.

The Zoning Regulations set forth herein are enacted to implement the land use portion of the Comprehensive Plan for the future development of the City of Bartlesville and that part of Washington County that is within its jurisdiction as described herein; to promote the health, safety, peace, morals, comfort, prosperity, and the general welfare of the citizens and to lessen congestion of public transportation and travel; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to provide adequate police protection and facilitate the making of adequate provisions for transportation, water, sewerage, schools, parks, forests, recreational facilities and other public requirements; and to prevent undue encroachment thereon.

In fulfilling these purposes, this Code is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration and enforcement of this Code, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction shall not be enforceable in tort.

1.3 - Scope and Conflict.

The provisions of this Code shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign located within the City of Bartlesville and for that part of Washington County that is within the jurisdiction of these regulations, except where exempted by Section 1.5 of this Code.

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this Code specify different requirements, the more restrictive shall govern.

1.4 - Territorial Jurisdiction.

Specifically, the territorial jurisdiction of these regulations shall include the following territory:

1.

Any land located within the incorporated city limits of Bartlesville, Oklahoma hereby established and as may be hereinafter modified through annexation and/or de-annexation; and

2.

Any land within the unincorporated limits of Washington County, Oklahoma, which is not included within the territorial jurisdiction of any incorporated municipality, that lies within three (3) miles of the city limits of Bartlesville, Oklahoma; and

3.

Any land located within the unincorporated limits of Washington County, Oklahoma, which is not included within the territorial jurisdiction of any incorporated municipality, that lies within a one-mile wide area centered along U.S. highway 75 (one-half (1/2) mile on either side of the highway) from the southernmost city limits of Bartlesville to County Road 3100, excluding the Prairie View Acres subdivision located on County Road 2900.

This territory shall be known as the Bartlesville-Washington County Metropolitan Planning Area.

1.5 - Exemptions from Zoning Regulations.

The following activities, land uses, structures, and/or site improvements are exempt from these regulations, but are not exempt from any other applicable local, State or Federal laws or regulations:

1.

Property of any railway company or terminal company as per Title 11, Section 43-108 of the Oklahoma State Statutes.

2.

Telephone exchange buildings as per Title 11, Section 43-102 of the Oklahoma State Statutes.

3.

Within the unincorporated Washington County area of the Metropolitan Planning Area, the following are exempt from zoning regulations pursuant to Title 19, Section 866.30 of the Oklahoma State Statutes:

a.

The erection and use of the usual farm buildings for agricultural purposes;

b.

The planting of agricultural crops;

c.

The extraction of oil or natural gas; and

d.

Forestry activities.

1.6 - Extension of Zoning Jurisdiction.

All territory which may hereafter be included within the zoning jurisdiction of the City of Bartlesville or Washington County, Oklahoma, shall be governed by and subject to the requirements of the RA-Residence Agriculture District until such time as the zoning district map shall have been amended to authorize other uses.