There is hereby established a board of adjustment with the powers and duties hereinafter set forth. The board of adjustment shall consist of five (5) members who shall be nominated by the mayor and confirmed by the city council, and shall serve without pay for a term of three (3) years. Vacancies shall be filled for an unexpired term of any member in the manner set forth for appointments to a full term. A board member may be removed for cause by the appointing authority after notice, written charges and public hearing. The board shall organize, elect its chairperson, appoint a secretary and adopt rules necessary to the conduct of its affairs.

(Ord. 272, 4-2-1974)

The board shall have the power to hear appeals from the determinations of any administrative official, officer, department or board of the city in enforcing this title, to grant special exceptions, to grant variances, and to make interpretations of the zoning map and text, in accordance with the substantive and procedural standards.

(Ord. 2218, 6-5-2017)

A.

Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings, deliberations and voting of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. In all matters, the board shall decide within ninety (90) days after filing of an application for relief. The quorum, notice, filing and substantive requirements of the board shall be set forth in the following sections concerning the board's exercise of a particular power.

B.

For all applications approved by the board of adjustment, the decision of record shall be recorded with the county clerk of the county in which located by the applicant or the board of adjustment secretary, at the applicant's expense, using an instrument prepared by the board of adjustment secretary and approved by the chair of the board of adjustment. This instrument shall include a legal description supplied by the applicant and a complete record of the decision of the board of adjustment. An application for which the decision of record has not been recorded within ninety (90) days of the board of adjustment action shall be disapproved.

C.

Should the board of adjustment deny a request, no application for the same action for the subject tract of land, or any part of the tract, shall be accepted for public hearing for one (1) year unless the request is substantially modified, as determined by the board of adjustment or its secretary.

(Ord. 2031, 12-21-2009)

A.

The board of adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of any administrative official, officer, department or board of the city, or before granting any special exception, or variance, or minor variance or exception. The board shall set forth in an adopted statement of policy a list of variances and exceptions which constitute minor variances or exceptions and such statement of policy shall be approved by the city council.

B.

Ten (10) days' notice of public hearing shall be given as follows:

1.

For a special exception, variance or appeal from a determination of any administrative official, officer, department or board of the city:

a.

By publication in a newspaper of general circulation; and

b.

By mailing written notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property.

Provided, however, for minor variance or exception by mailing written notice to all owners of abutting property of the subject property. Nothing herein shall preclude the board of adjustment from requiring the giving of public notice of hearings to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property for consideration of a minor variance or exception.

2.

The notice shall contain:

a.

The legal description of the property and the street address or approximate location of the property.

b.

The present zoning classification of the property and the nature of the relief sought.

c.

The date, time and place of the hearing.

C.

The applicant shall furnish the names and mailing addresses of all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property, or in the case of a minor variance or exception, the owners of abutting property. Cost of publication shall be billed to the applicant.

(Ord. 2218, 6-5-2017)

An application for an appeal from the planning department, a code enforcement official or other officer or employee designated by the city manager, or any variance or special exception shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the city council.

(Ord. 2218, 6-5-2017)

A.

General: An appeal to the board of adjustment may be taken by any person aggrieved or by any administrative official, officer, department or board of the city affected where it is alleged there is error in any action, order, requirement, decision or determination of an administrative official, officer, department or board of the city in the enforcement of this title.

B.

Notice of Appeal: An appeal shall be taken within ten (10) calendar days from the determination complained of by filing with the administrative official, officer, department or board of the city a notice of appeal, specifying the grounds for the appeal. Upon receipt of notice, the recipient shall forthwith transmit to the secretary of the board certified copies of all the papers constituting the record of the matter. Upon receipt of the record, the secretary shall set the matter for public hearing before the board of adjustment.

C.

Action of Board: The board shall hold the public hearing. The board may reverse or affirm, in whole or in part, 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. The concurring vote of three (3) members of the board shall be necessary to reverse or modify any order, requirement, decision or determination of the administrative official, officer, department or board of the city.

D.

Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official, officer, department or board of the city from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with the administrative official, officer, department or board that, by reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the board on due and sufficient cause shown.

(Ord. 2218, 6-5-2017)

A.

The board shall interpret the text of this title or the official zoning map upon an appeal from a determination of the administrative official, officer, department or board of the city after compliance with the procedural standards of section 11-4-6 of this chapter.

B.

Where a question arises as to the zoning district classification of a particular use, the board of adjustment, upon written request of the administrative official, officer, department or board of the city, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing.

(Ord. 2218, 6-5-2017)

A.

General: The board of adjustment, upon application and after notice (when notice is required) and public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such variance from the terms of this title as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this title, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional situation, condition or circumstance peculiar to a particular property, the literal enforcement of this title will result in unnecessary hardship. The board shall not vary any jurisdictional requirement, such as notice. The board shall not permit by variance a principal use not otherwise permitted in the applicable district, it being the expressed spirit and intent of this title that a change of the permitted principal uses shall be made by ordinance amendment of the Zoning Code or official zoning map.

B.

Application: A request for a variance shall be initiated by the filing of an application with the board and shall be set for public hearing by the secretary in accordance with the rules established by the board.

C.

Action of Board: The board shall hold the hearing and, upon the concurring vote of three (3) members, may grant a variance after finding that:

1.

By reason of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure or building involved, the literal enforcement of the terms of this title would result in unnecessary hardship.

2.

Such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same district.

3.

The variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit and intent of this title or the Comprehensive Plan.

Provided, that the board, in granting a variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.

D.

Time Limitation On Variances: A variance which has not been utilized within three (3) years from the date of the order granting the variance shall thereafter be void; provided, that the board has not extended the time for utilization. For the purpose of this provision, "utilization" shall mean actual issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Ord. 272, 4-2-1974; amd. Ord. 288, 2-4-1975)

A.

General: The board of adjustment, upon application and after hearing, subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:

1.

Special exception uses as designated and regulated within the permitted use provisions of the zoning districts.

2.

The change of a nonconforming use as provided in subsection 11-11-3.F of this title.

3.

The restoration of a partially destroyed structure, containing a nonconforming use as provided in subsection 11-11-3.G of this title.

4.

The restoration of a partially destroyed nonconforming structure as provided in section 11-11-6 of this title.

5.

The modification of a screening requirement, as provided in subsection 11-8-8.B and section 11-8-10 of this title.

6.

Off street parking use of property located within a residential district, when the property is abutting an office, commercial or industrial district.

7.

Accessory buildings, as authorized in the zoning district, may be allowed as the initial structure on the lot, prior to the construction of the principal dwelling, or on adjoining lots under common ownership with the owner of a principal dwelling, provided:

a.

Special exception approval shall expire and be automatically vacated upon the sooner of: 1) one (1) year from issuance of a building permit for the accessory structure, or 2) completion of construction and issuance of a certificate of occupancy for the principal dwelling, at which point it will become a conforming accessory structure as to use.

b.

Special exception approval shall expire and be automatically vacated if the structure is maintained or used as a dwelling unit, permanently or temporarily (except in the case of an approved accessory dwelling unit), or maintained or used for nonresidential purposes, other than as a temporary staging area used exclusively for and during the period of construction of the principal dwelling.

c.

If either of the above conditions is violated, the city of Bixby, at the direction of the city council, may require the vacation of use of the structure or its demolition, or other such remedies at law as deemed necessary and appropriate.

8.

Within an R district, any type of carport occupying a portion of a required yard, is subject to the requirements of subsection 11-8-8.B.9 of this title. When evaluating the requested special exception, the board shall consider the following factors:

a.

The existence, location, and design of other carports in the immediate vicinity of the request;

b.

Any possible sight obstruction to motorists at street intersections;

c.

The visual impact of the proposed carport on the streetscape of the neighborhood;

d.

The uniqueness of the request and whether granting the special exception will set a precedent for justifying other carports throughout the neighborhood;

e.

The compatibility of the carport with the architectural style of the dwelling and the predominant architectural style of the neighborhood; and

f.

Constructive criticism and suggestions from property owners within the neighborhood.

B.

Application: A request for a special exception shall be initiated by the filing of an application with the board, and shall be set for public hearing by the secretary in accordance with rules established by the board.

C.

Action By Board: The board of adjustment shall hold the hearing and, upon the concurring vote of three (3) members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided, that the board, in granting a special exception, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.

D.

Time Limit On Special Exceptions: A special exception which has not been utilized within three (3) years from the date of the order granting the same shall thereafter be void; provided, that the board has not extended the time for utilization. For the purposes of this provision, "utilization" shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Ord. 272, 4-2-1974; amd. Ord. 288, 2-4-1975; amd. 2006 Code; Ord. 2020, 7-27-2009; Ord. 2031, 12-21-2009)

A.

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons aggrieved who were entitled, pursuant to title 11 Oklahoma Statutes, section 44-108, to mailed notice of the public hearing before the board of adjustment, by any person or persons whose property interests are directly affected by such action, decision, ruling, judgment or order of the board of adjustment, or by the city council to the Tulsa County District Court.

B.

The appeal shall be taken by filing with the city clerk and with the secretary of the board within ten (10) calendar days from the date of such action, a notice of appeal. The notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal.

C.

Upon filing of the notice of appeal, the board shall forthwith transmit to the Court Clerk of Tulsa County the original or certified copies of all papers constituting the record in the case, together with the order, decision or ruling of the board.

D.

The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

E.

During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for a stay pending the district court's determination of the merits of the appeal. Notice of such application shall be given by first class mail to all parties, to the district court appeal and to any applicant before the board of adjustment. Upon filing of an application for stay in the district court, all proceedings in furtherance of the action appealed from shall be temporarily stayed pending the outcome of a hearing regarding the stay, which shall be conducted within thirty (30) days of application. The court shall determine whether to impose a stay by considering the following factors: 1) the likelihood of success on the merits by the party seeking to impose the stay, 2) irreparable harm to the property interests of the party seeking to impose the stay if the stay is not imposed, 3) relative effect on the other interested parties, and 4) public policy concerns arising out of the imposition of the stay. If the court determines to impose a stay, the court shall require a bond or other security and such other terms as it deems proper to secure the rights of the parties and compensate for costs of delay. A bond or other security shall be posted within ten (10) business days of the court's determination; provided that a municipal governing body shall not be required to post a bond. Subject to title 12 Oklahoma Statutes, subsection 990.3(A), a stay pursuant to this subsection shall automatically dissolve after a judgment, decree or final order resolving the merits of the appeal is filed with the court clerk. Notwithstanding any provision of law to the contrary, stays in appeals from the board of adjustment to the district court shall be obtained only as set forth in this section.

F.

The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions. A party may obtain a stay of the enforcement of the district court's judgment, decree or final order as provided by title 12 Oklahoma Statutes, section 990.4.

(Ord. 2218, 6-5-2017)