(A)   There is hereby created within and for the city the Board of Adjustment consisting of five members who shall be qualified electors of the city.

   (B)   (1)   One member shall be appointed for each ward in the city and one member shall be at large. Each ward member shall be appointed for a term of three years by the Council.

      (2)   The member at large shall be appointed by the Mayor. They shall serve until their successors are appointed and qualified unless sooner removed for cause upon written complaint and public hearing.

      (3)   All vacancies in office shall be filled for the unexpired term.

      (4)   Before entering upon the duties of office, each member shall take and subscribe to the oath of office as prescribed by law and ordinance.

(Prior Code, § 13-120) (Ord. 1242, passed 7- -83; Am. Ord. 1974, passed 8-6-19)

   The concurring vote of at least three members of the Board 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 hereto of 11 O.S. § 44-104.

(Prior Code, § 13-121) (Ord. 1478, passed 9-17-91; Am. Ord. 1974, passed 8-6-19)

   The Board of Adjustment shall have the power to:

   (A)   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 regulation;

   (B)   Hear and decide special exceptions hereto to allow a use or a specifically designated element associated with a use which is not permitted by right of 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 this chapter, and in accordance with the substantive and procedural standards of the zoning code;

   (C)   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 this chapter when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship and so that the spirit of the regulations shall be observed and substantial justice, done; and (The Board shall have no power to authorize variances as to use, except as provided by division (D) below.)

   (D)   Hear and decide oil and/ or gas applications or appeals unless prohibited throughout the city by ordinance. The Board of Adjustment shall be required to make the findings prescribed by § 158.092 in order to grant a variance as to use with respect to any application or appeal.

(Prior Code, § 13-122) (Ord. 1478, passed 9-17-91; Am. Ord. 1974, passed 8-6-19)

   (A)   Any aggrieved person, officer or unit of government may make application to the Board

requesting relief for the purposes stated in § 158.087. The application must be submitted to the Board, along with all required documents and fees, at least 21 days prior to the next scheduled Board meeting in order to be considered at that meeting.

   (B)   Applications for an appeal shall be made as follows:

      (1)   The appeal shall be taken within 30 days from the date of the decision of the administrative official.

      (2)   The application shall be filed in writing with the official and the City Clerk. The application shall specify the grounds for the appeal.

   (C)   Applications for a special exception shall be made as follows:

      (1)   The application shall be filed in writing with the City Clerk. The application shall indicate the section under which the exception is sought and state the grounds upon which it is requested.

      (2)   The applicant shall submit with each application a current list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property.

      (3)   The list shall be current and certified by a bonded abstractor or the County Assessor of Oklahoma County.

   (D)   Applications for a variance shall be made as follows:

      (1)   The application shall be filed in writing with the City Clerk. The application shall indicate how the subject property meets the requirements of § 158.091(D).

      (2)   The applicant shall submit with each application a list of names and addresses of all record property owners within a 300-foot radius of the exterior boundary of the subject property.

      (3)   Where the applicant requests a minor variance, he or she shall submit a list of names and addresses of only those owners of property adjacent to the subject property.

      (4)   The lists shall be current and certified by a bonded abstractor or the County Assessor of Oklahoma County.

   (E)   The applicant shall deposit with the City Clerk a fee as may be established by resolution of the City Council.

   (F)   Upon receipt of a properly filed application, it shall be placed on the Board agenda for hearing within 60 days, and an administrative official shall transmit to the Board all papers constituting the record upon which the application is made.

(Prior Code, § 13-123) (Ord. 1353, passed 10-15-85; Am. Ord. 1880, passed 6-17-14; Am. Ord. 1974, passed 8-6-19)

   An appeal to the Board from a decision of an administrative official stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board or by a court of competent jurisdiction upon application, upon notice to the officer from whom the appeal is taken, and upon due cause being shown.

(Prior Code, § 13-124) (Am. Ord. 1974, passed 8-6-19)

   (A)   Not less than ten days before the meeting of the Board, notice of public hearing of the Board shall be given as follows:

      (1)   By publication in a newspaper of general circulation in the city; and

      (2)   By mail in writing to all owners of property within a 300-foot radius of the exterior boundary of the subject property; provided, that on hearings involving minor variances, the notice shall be mailed to only those owners of property adjacent to the subject property.

   (B)   The notices required in division (A) above shall contain:

      (1)   Legal description of the property and the street address or approximate location in the city;

      (2)   Present zoning classification of the property and the nature of the application requested; and

      (3)   Date, time and place of hearing.

   (C)   For minor variances, as hereinafter defined, the following notice and application procedures shall apply:

      (1)   Minor variances are:

         (a)   Any variance requested where the total completed value of the structure or improvement does not exceed $2,000; and

         (b)   Any application for variance from the district regulation pertaining to setbacks, required yards, building height, minimum lot areas and lot width and depth, lot coverage or off-street parking requirements where the requested variance does not exceed 10% of the amount required by the district regulation.

      (2)   For minor variances the following special application and notice procedures shall apply:

         (a)   The application shall be accompanied by a list of the names and addresses of all owners of property abutting the exterior boundaries of the property for which a variance is sought. The list shall be taken from the current year's tax rolls maintained by the State County Treasurer's office and shall be certified as accurate by the applicant.

         (b)   The written notice of hearing as described in division (B) above shall be mailed to the owners of all property adjacent to the subject property at least ten days prior to the hearing. No publication of notice is required for hearing a minor variance.

         (c)   In all other respects, the procedures applicable to a regular variance shall apply to minor variances.

(Prior Code, § 13-125) (Ord. 1622, passed 11-2-99; Am. Ord. 1974, passed 8-6-19)

   (A)   In granting any appeal, the Board, in conformity with the provisions of this subchapter, may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make the order, requirements, decision, or determination as ought to be made, and to that end shall have all the power of the officer from whom the appeal is taken.

   (B)   The Board may grant special exceptions restricting the use of residential structures for commercial purposes under the following conditions:

      (1)   Only the following uses shall be eligible for consideration for special exceptions by the Board:

         (a)   All uses permitted in C-O, commercial office use district;

         (b)   All uses permitted in C-R, commercial restricted use district;

         (c)   Assembly halls for non-profit organizations;

      (2)   The proposed use of the structure conforms with the use regulations of the zoning district in which it is located;

      (3)   No further residential use of the premises shall be permitted;

      (4)   No change shall be made in the use of a structure for which a special exception is granted until an additional special exception is granted for the proposed use under the provisions of this subchapter;

      (5)   The structure shall be located a minimum of five feet from all property lines;

      (6)   There shall be a minimum of five off-street parking spaces provided, or the amount specified herein, for the proposed use, whichever is greater. The required spaces shall comply with the application regulations governing locations, access, development, maintenance and screening contained herein;

      (7)   The granting of a special exception shall not confer upon the applicant an exemption from any applicable electrical, plumbing, sewage disposal codes or life safety codes adopted by the city;

      (8)   The structure for which a special exception is sought may be enlarged, provided that the enlargement is in conformity with the requirements of the City Building Code;

      (9)   Should the structure for which a special exception is granted be removed or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, as determined by the city building inspector, it shall not be reconstructed, except in conformity with the City Building Code;

      (10)   Should the structure be moved for any reason for any distance whatsoever, it shall either be removed completely from the lot on which it is situated or brought into conformance with the City Building Code;

      (11)   The applicant for a special exception shall allow the city building inspector to enter the subject premises for inspection prior to the hearing date of the Board of Adjustment;

      (12)   The Board shall find that the proposed use or structure does not constitute a fire or health hazard and will not adversely affect the public interest;

      (13)   These requirements shall not apply to any legally established and operated home occupation, as defined herein, so long as the home occupation is in full compliance with all the applicable regulations contained herein.

   (C)   The Board may grant special exceptions pursuant hereto restricting the location and use of property for oil, gas or mineral production under the following conditions:

      (1)   The well, storage tank, and production facility location must be in conformance with the provisions of §§ 151.01 et seq., provided the Board may vary the location requirements under appropriate circumstances and conditions. The Board of Adjustment shall have no authority to grant a well location which would be located closer than 150 feet to any school, church, business or dwelling.

      (2)   The applicant shall provide the following information:

         (a)   A survey drawn by a registered surveyor showing location of any portion of any dwelling, building or other structure located within 300 feet of the well site;

         (b)   Certification of approval from the State Corporation Commission to commence drilling; and

         (c)   All other information required by §§ 151.01 et seq. and regulations adopted thereunder.

      (3)   The Board shall find that the proposed use does not constitute a fire or health hazard or a nuisance to the surrounding neighbors, that the proposed use does not pose a threat to the surface or groundwater in the city or adjacent areas, and will not adversely affect the public interest.

      (4)   In granting a special exception for oil and gas wells, the Board of Adjustment shall have the authority to impose the conditions upon the granting of the special exception as it deems are necessary for the protection of the health, safety and welfare of the city and in order to carry out the general interest and purpose hereof. In deciding on the granting of special exceptions and in determining appropriate conditions to be imposed, the Board of Adjustment shall consider and specifically address the following factors:

         (a)   Danger of fire and explosion;

         (b)   Adequacy of streets and roads to serve the drilling site;

         (c)   Impact of truck traffic on surrounding neighborhood;

         (d)   Impact of drilling activity on quality of life and environment in area of proposed well;

         (e)   Feasibility of proposed site as contrasted with other available sites;

         (f)   Density of population in area surrounding proposed well site;

         (g)   Accessibility of proposed site to fire, police, and other emergency vehicles;

         (h)   Proximity of proposed site to dwelling, schools, churches and other buildings; and

         (i)   Other public health, safety, welfare or zoning considerations.

   (D)   The Board may grant special exceptions as provided herein to allow the erection of carports, as defined in § 158.002, in the front yard setback under the following conditions:

      (1)   The granting of the special exception will be in harmony with the general intent and purpose hereof.

      (2)   The granting of the special exception will not adversely affect the immediate neighborhood.

   (E)   The Board of Adjustment may grant a special exception hereto to allow the sale of used licensed motor vehicles as an accessory use under the following conditions.

      (1)   The sale of used licensed motor vehicles shall be an accessory use which is customarily associated with the primary use of the primary business, and the accessory use shall be located on the same lot as the primary business.

      (2)   The special exception shall only be granted in the C-H, commercial highway, or C-G, commercial general zoning districts.

      (3)   A license shall be obtained in accordance with the provisions hereof, except the following additional conditions shall be met:

         (a)   There shall be no more than three used licensed motor vehicles offered for sale of which no more than one shall be displayed on the property of the primary business at any given time.

         (b)   The conditions concerning the open display of merchandise in C-G district, as required hereby, shall be met.

         (c)   Signs advertising the sale of used licensed motor vehicles shall be limited to wall signs complying with the sign regulations found in this title, but in no event shall the sign be larger than four feet by eight feet.

   (F)   In order to grant any variance from the terms hereof, the Board must find that all the following conditions are met:

      (1)   Special conditions and circumstances exist which are peculiar to the land, structure or building in the same zoning district;

      (2)   The special conditions and circumstances do not result from the actions of the applicant;

      (3)   Granting the variance requested will not convey on the applicant any special privilege that is denied by ordinance to other lands, buildings or structures in the same zoning district;

      (4)   Literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms hereof and would work unnecessary and undue hardship on the applicant;

      (5)   The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

      (6)   The grant of the variance will be in harmony with the general intent and purpose hereof; and

      (7)   In granting any special exception or variance, the Board may prescribe appropriate conditions and safeguards in conformity herewith.

      (8)   Violation of the conditions and safeguards, when made a part of the terms under which the special exception or variance is granted, shall be deemed a violation hereof.

(Prior Code, § 13-126) (Am. Ord. 1372, passed 5-6-86; Am. Ord. 1426, passed 8-16-88; Am. Ord. 1452, passed 10-3-89; Am. Ord. 1498, passed 3-2-93; Am. Ord. 1974, passed 8-6-19)

   (A)   All deliberations of the Board shall be conducted, and all its decisions shall be made, at a meeting that is open to the public.

   (B)   At the time of the hearing, any person may appear in his or her own behalf or be represented by agent or attorney.

   (C)   (1)   All decisions of the Board shall be made after motion has been made and seconded.

      (2)   The motion which decides the issue shall be in the form of findings of fact and shall state the reasons for the findings by the Board.

      (3)   If conditions are imposed in the granting of a special exception or variance, the conditions shall be included in the motion.

   (D)   In reaching a decision on any motion, the Board shall record the vote of each member or the absence or failure to vote.

   (E)   (1)   The minutes of all deliberations by the Board shall be acknowledged as to accuracy by the Chairperson and shall be a part of the public record of the Board.

      (2)   The minutes of the meeting at which a 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 questions.

(Prior Code, § 13-127) (Am. Ord. 1310, passed 11-6-84; Am. Ord. 1478, passed 9-17-91; Am. Ord. 1498, passed 3-2-93; Am. Ord. 1974, passed 8-6-19)

   No application which has been timely filed, heard, and decided by the Board shall be set for rehearing unless the applicant can show material change in the facts of the case or where new evidence which might affect the decision can be produced, and then only upon proper filing of a new application.

(Prior Code, § 13-128) (Am. Ord. 1974, passed 8-6-19; Am. Ord. 2051, passed 1-2-24)

   (A)   An appeal from any action, decision, ruling, judgment or order of the Board may be taken by any person or persons, jointly or severally, or any taxpayer or any officer, department, board or bureau of the municipality to the district court by filing a notice of appeal with the City Clerk and with the Board within 30 days from the date the decision of the Board is rendered, which notice shall specify the grounds of the appeal. Upon filing of the notice of appeal, as herein provided, the Board shall forthwith transmit to the Court Clerk the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling of the Board. (Prior Code, § 13-129)

   (B)   An appeal to the District Court from the Board stays all proceedings in furtherance of the action appealed from unless the Chairperson of the Board from which the appeal is taken, certifies to the Court Clerk, after notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the District Court, upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the zoning code, upon notice to the Chairperson of the Board from which the appeal is taken and upon due cause being shown, the Court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(Prior Code, § 13-130) (Am. Ord. 1974, passed 8-6-19)

marijuana in accordance with state law to a dispensary, processor, grower, research facility, education facility or testing laboratory.

      (1)   All operators of a medical marijuana establishment are required to obtain a permit from the Municipal Clerk.

      (2)   A permit will not be granted to any applicants where the proposed location is in the Central Business District or in a location that has a property line adjacent to 39th Street Expressway between Donald Avenue and Council Road.

      (3)   A retail medical marijuana dispensary may be in Commercial General, Industrial or Agricultural zoning.

      (4)   A medical marijuana educational facility may be in Commercial General, Industrial or Agricultural zoning.

      (5)   All other medical marijuana establishments will be zoned in Industrial Light or Industrial Heavy.

      (6)   A permit will not be granted to any applicants where the proposed location would be located within 1,000 feet of any private or public school.

      (7)   For the distance requirements outlined in this section, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.

      (8)   All buildings of a medical marijuana establishment where marijuana is present must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.

      (9)   Storage of marijuana at any medical marijuana dispensary shall be limited to inventory that is for immediate sale.

      (1)   Medical marijuana grown by medical marijuana patient license holders may only be grown:

         (a)   On real property owned by the patient license holder; or

         (b)   On real property for which the patient license holder has the property owner's written permission to grow marijuana on the property.

      (2)   Patients growing marijuana must do it in a way that a member of the general public cannot access it.

      (4)   Growing marijuana for personal medical use shall be limited to six mature marijuana plants and six seedling plants.

      (5)   No one may operate extraction equipment or an extraction process using butane, propane, carbon dioxide or any potentially hazardous material in a residential property.

      (6)   Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.

      (7)   The primary use of the residential property in which marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping and sanitation/bathing facilities with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping or sanitation/bathing.

   (E)   Permit required for each location. No person or entity shall operate a medical marijuana establishment without having previously obtained a permit as provided in this section. A license shall be required for each separate location or premises.

      (1)   All city permits outlined in this section will be subject to inspection by an authorized municipal employee prior to issuance for commercial operations.

      (2)   The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.

      (3)   The applicant will be required to be present during the inspection.

      (4)   The applicant will have 30 days to come into compliance with any outstanding deficiencies found during the initial inspection.

      (5)   If any outstanding deficiency is not corrected upon reinspection, the permit authorizing operation of the medical marijuana establishment will be denied.

      (1)   Retail medical marijuana dispensary permit fee shall be $750 per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of retail marijuana dispensaries.

      (2)   Medical marijuana processor permit fee shall be $750 per year for the fee and a business license must be acquired from the Municipal Clerk.

      (3)   Medical marijuana grower permit fee will be $750 per year for the fee and a business license must be acquired from the Municipal Clerk.

      (4)   Medical marijuana research facilities permit fee will be $250 per year for the fee and a business license must be acquired from the Municipal Clerk.

      (5)   Medical marijuana educational facilities permit fee will be $250 per year for the fee and a business license must be acquired from the Municipal Clerk.

      (6)   There will be a $50 reinspection fee assessed for every additional inspection required after the initial inspection for non-compliance issues.

   (K)   Any violations of this chapter will result in the revocation of the medical marijuana establishment permit. It is the intent of the city that nothing in this section be construed to:

      (1)   Allow persons to engage in conduct that endangers or causes a public nuisance;

      (2)   Allow the use of marijuana for non-medical purposes; or

      (3)   Allow any activity that is otherwise illegal and not permitted by state law.

(Ord. 1993, passed 9-1-20)