El Reno City Zoning Code
ARTICLE XVIII
Zoning Board of Adjustment
§ 361-125 Creation and membership.
There is hereby created a Zoning Board of Adjustment consisting of five members, each to be appointed for a term of three years and removable for cause by the City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. It is specifically provided, however, that on the effective date of this chapter, such Board of Adjustment as was legally in existence immediately prior to such date shall be constituted as the Board of Adjustment hereby created, and the terms of the then members of said Board shall expire after a period of three years, or continue until their successors are duly appointed and qualified. Said Board of Adjustment shall be appointed by the Mayor and confirmed by the City Council.
§ 361-126 Organization and procedures.
The Zoning Board of Adjustment shall elect one of its members as Chairman. The Board shall adopt rules in accordance with the provisions of this chapter and 11 O.S. §§ 44-101 through 44-110. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. The Board of Adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations, and voting of the Board shall be open to the public. The Board shall keep the 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 all official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
§ 361-127 Appeals to Board of Adjustment; fee.
[Amended 8-6-2002 by Ord. No. 2946; 5-10-2022 by Ord. No. 9302]
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer of the municipality affected by any administrative decision based on this chapter. Such appeal shall be taken within 30 days of such decision by filing with the Zoning Administrator and the Board of Adjustment an application for an appeal stating the grounds for such appeal and by paying a filing fee, as established by the City Council and set by resolution, with the Office of Community Development at the time the appeal is filed. An original certified mailing list of all surface property owners located within a three-hundred-foot radius of subject properties shall be attached to all variance applications. The Community Development Director shall forthwith transmit to the Board the papers constituting the record of the action from which the appeal is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
§ 361-128 Public hearing required.
The Zoning Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matters referred to it, and give public notice thereof. Any party may appear and be heard in person or by agent or by attorney at said hearing.
§ 361-129 Notice of public hearing; notice for minor variance or exceptions.
A.
Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the City of El Reno or by mailing written notice by the Clerk of the Board of Adjustment to all owners of property within a three-hundred-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least 10 days prior to the hearing. The notice, whether by publication or mail, of a public hearing before the Board of Adjustment shall contain:
B.
On hearings involving minor variances or exceptions, notice shall be given by the Clerk of the Board of Adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least 10 days prior to the hearing and shall contain the facts as listed hereinabove. The Board of Adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the municipal governing body.
§ 361-130 Fees for hearing of appeals.
The Zoning Board of Adjustment shall establish a fee for the hearing of appeals, which shall be sufficient to defray the cost of publishing the notice of public hearing and any other costs associated with the hearing. The appellant shall pay for such fee upon filing the appeal.
§ 361-131 Powers.
The Zoning Board of Adjustment shall have the following powers:
A.
Administrative review: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator, Building Inspector, or other administrative officer in the enforcement of this chapter.
B.
To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that:
(1)
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.
(2)
The application of this chapter to this particular piece of property would create an unnecessary hardship, not self-imposed by the owner or developer.
(3)
Such conditions are peculiar only to the particular piece of property involved.
(4)
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter or the Comprehensive Plan; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.
C.
To authorize, upon application, in specific cases such special exception as hereinafter provided for, provided that such exception, together with such conditions as may be imposed by the Board of Adjustment, is determined to be consistent with purposes and intent of the district within which the property is located; if granted, would not tend to encourage further exceptions of a similar nature in the neighborhood which, when taken together, would be inconsistent with the purposes and intent of the district; and that the special exception is necessary to render appropriate relief to the applicant for a fair and reasonable use of his property.
(1)
Within the A-1 District, the Board of Adjustment may permit not to exceed one auxiliary single-family structure on a lot for the purpose of housing a relative of the owner when it can be shown that such residence is necessary for the health, safety and/or care of the parties involved.
(2)
Within the A-1 District, the Board of Adjustment may permit, on a tract of not less than 10 acres, a home business employing persons other than those of the immediate family, up to a maximum of 10 persons, provided that the following provisions shall be met:
(a)
The business shall deal with fabricating or manufacture for wholesale distribution off the premises of only those items which can be manufactured or assembled within an entirely enclosed structure.
(b)
Because of the semi-rural nature of the general area of the application, the Board of Adjustment shall make a determination that the proposed use is temporary in nature and that the location is appropriate for the use requested.
(c)
The Board of Adjustment shall determine that the property as it exists with improvements prior to the location of the proposed use is adequate for said use. No new structures shall be allowed to be constructed to make the use more permanent.
(d)
The owner shall live on the premises. If it is determined that he fails to live on the premises, then the special permit shall be terminated.
(e)
There shall be no outside storage of any material, either new or used, assembled or partially assembled, or of any raw material used in the manufacturing process.
(f)
Any other provision deemed appropriate by the Board of Adjustment.
(g)
The granting of a special permit shall in no way be considered a permanent determination of the future land use pattern for this or adjacent properties.
(3)
Within the A-2 District, the Board of Adjustment may permit the construction of residential structures without connecting to public water supply, provided that it is determined that public water supply is not available and/or will not become available within a reasonable period; and that said approval would not endanger the health, safety and protection of citizens in the area.
(4)
Within the R-1, R-2, and R-3 Districts, the Board of Adjustment may permit a home beauty shop located in a dwelling, provided that such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building.
§ 361-132 Extent of relief.
In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or 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 at least three members of the Board of Adjustment shall be necessary to reverse any order, requirement and decision or determination of any such administrative officer, or to decide in favor of the applicant, or to decide any matter upon which it is required to pass under this chapter or to effect any variation in such chapter.