Whereas, the City is exercising zoning powers as conferred by 11 O.S. §§ 43-101 through 43-109, the City hereby provides for the appointment of a board of adjustment, with powers and duties hereinafter set forth.

(Prior Code, § 11-3-1) (Ord. 80-29, passed 12-16-1980)

   (A)   Appointment. The Board of Adjustment shall consist of five residents of the City, each appointed by the City Council, for a term of three years.

   (B)   Chairman. The Board of Adjustment shall elect a Chairman and acting Chairman from its membership. The Chairman and acting Chairman shall serve as such for the term of their appointment.

   (C)   Compensation. All members of the Board shall serve without compensation.

   (D)   Removal; hearing. A Board member may be removed by the City Council for cause upon the filing of written charges and after a public hearing before the City Council.

   (E)   Vacancies. Vacancies shall be filled for the unexpired term of any member in the manner set forth for appointments to a full term.

   (F)   Term limit. No person shall serve more than two terms in succession. However, partial terms shall not be considered in determining the term limit.

(Prior Code, § 11-3-2) (Ord. 2008-04, passed 2-21-2008)

   (A)   Rules, generally.

      (1)   The Board of Adjustment shall adopt rules in accordance with the provisions of this chapter.

      (2)   Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine.

      (3)   The Chairman or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses.

      (4)   The Board of Adjustment shall be subject to the Open Meeting Laws of the state, see 25 O.S. §§ 301 et seq., and all meetings, deliberations and voting of the Board shall be open to the public.

      (5)   The secretary of the Board of Adjustment 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 record of all official actions, all of which shall be immediately filed in the Office of the Code Official and shall be public record.

   (B)   Scheduled meetings. Meetings of the Board of Adjustment shall be held at 4:00 p.m. on the second Tuesday of each month. Additional meetings may be held upon determination of the Board.

   (C)   Voting. The concurring vote of at least three members of the Board of Adjustment 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 to this title and § 11-3-4.

(Prior Code, § 11-3-3) (Ord. 80-29, passed 12-16-1980)

   (A)   Powers. The Board of Adjustment shall have the power to:

      (1)   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 provision of this title;

      (2)   Hear and decide special exceptions to this title to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which, if controlled in the particular instance as to its relationship to the neighborhood and the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by this title, and in accordance with the substantive and procedural standards of this title;

      (3)   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 title when such cases are shown not to be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and so that the spirit of this title shall be observed and substantial justice done; provided, however, the Board shall have no power to authorize variances as to use, except as provided by subsection (A)(4) below; and

      (4)   Hear and decide oil and/or gas applications or appeals. The Board of Adjustment shall be required to make the findings prescribed by § 11-3-7 in order to grant a variance as to use with respect to any such application or appeal.

   (B)   Notice and hearing.

      (1)   Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided for in § 11-3-8. The record of the meeting at which the 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 question; otherwise said variance or special exception shall be voidable on appeal to the District Court.

      (2)   When exercising the powers provided for in this section, the Board of Adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed and may make such order, requirement, decision or determination as ought to be made.

(Prior Code, § 11-3-4) (Ord. 80-29, passed 12-16-1980)

   Appeals may be taken to the Board of Adjustment by any person aggrieved where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any provision of this title.

(Prior Code, § 11-3-5) (Ord. 80-29, passed 12-16-1980)

   (A)   Authority. The Board of Adjustment is authorized to make special exceptions to specific uses allowed within each zoning category according to this title in appropriate cases only in accordance with general or specific provisions contained in this title and subject to appropriate conditions and safeguards in harmony with its general purpose and intent.

   (B)   Powers relative to special exceptions. The Board of Adjustment is authorized to hear and decide appeals for special exceptions to the terms of this title in accordance with the following provisions:

      (1)   To permit the extension of a zoning district where the boundary line of a district divides a lot in single ownership or shown of record;

      (2)   To interpret the provisions of this title where the actual street layout varies from the street layout as shown on the city zoning map;

      (3)   To permit the reconstruction of an owner occupied single-family residence, located in I-2 Light Industrial and I-3 Heavy Industrial Zoning Districts, which have been damaged by fire or other causes to the extent of more than fifty percent (50%) of its replacement value;

      (4)   To grant exceptions to the off street parking requirements set forth in Chapter 12 of this title, if it is determined:

         (a)   The size and shape of the lot to be built on is such that off street parking provisions could not be complied with; and/or

         (b)   The proposed use will not create undue traffic congestion on adjacent streets.

      (5)   To permit the location of owner occupied mobile homes within the Agricultural and R-1 Residential Estate Zoning Districts in accordance with the following provisions:

         (a)   Minimum area regulations:

            1.   Lot area: five acres;

            2.   Frontage of lot: 300 feet;

            3.   Setbacks:

               a.   Front yard: 50 feet;

               b.   Side yard: 100 feet; and

               c.   Rear yard: 100 feet.

            4.   Accessory buildings: same as A Agricultural or R-1 Residential Estate.

         (b)   The installation of any mobile home shall be in conformance with all city standards and regulations.

         (c)   Effect on surrounding area. The Board of Adjustment shall determine that the location of a mobile home at the proposed site will not adversely impact the value and qualities of the surrounding area.

      (6)   (a)   To permit telecommunications facilities within the Agricultural, Residential, Commercial (C-1 through C-3), Industrial (I-1 through I-2) and Special Use Zoning Districts in accordance with the following provisions:

            1.   Such use shall comply with all rules, regulations and licensing requirements adopted by the Federal Communications Commission and the Federal Aviation Administration for telecommunications facilities;

            2.   The location and height of the facility is consistent with the Vance Air Force Base Vertical Obstruction Military Compatibility Area as depicted in figure 31 below and the Woodring Regional Airport Vertical Obstruction Compatibility Area as depicted in figure 33 below;

   Figure 31.

   Figure 33.

            3.   If, based upon the character of the neighborhood, the zoning and uses of the property nearby, it is determined that the detrimental effect, it any, to nearby property is outweighed by the applicant’s need for the facility; and

            4.   The applicant has demonstrated that there is a significant gap in the applicant’s service coverage and that the proposed facility serves as the least intrusive means necessary to alleviate the gap.

         (b)   If the special exception is denied, the denial shall include specific factual findings that evidence that the site is not appropriate and would adversely impact the surrounding area pursuant to 47 U.S.C. § 332(c)(7)(B)(iii).

   (C)   Board consideration; actions. When considering the appeal, the Board may weigh evidence as presented by the applicant and adjoining property owners, as well as city staff. The Board may include additional conditions as it considers necessary for the granting of the special exception.

(Prior Code, § 11-3-6) (Ord. 2019-12, passed 3-16-2019)

   (A)   Authority; purpose. The Board of Adjustment is authorized to grant variances from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this title. Such variance shall comply, as nearly as possible, in every respect, with the spirit, intent and purpose of this title, it being the purpose of this provision to authorize the granting of a variance only for reasons of demonstrable and exceptional hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit or caprice. Such variance shall be granted only when public safety and welfare are secured and substantial justice done.

   (B)   Findings of Board. A variance from the terms, standards and criteria may be granted in whole, in part or upon reasonable conditions provided in this chapter, only upon a finding by the Board of Adjustment that:

      (1)   The application of this title to the particular piece of property would create an unnecessary hardship;

      (2)   Such conditions are peculiar to the particular piece of property involved;

      (3)   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this title or the Comprehensive Plan; and

      (4)   The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

   (C)   Burden of proof. Any person or persons applying to the Board of Adjustment for a variance shall have the burden of showing that all of the factors described in subsection (B) above have been met.

(Prior Code, § 11-3-7) (Ord. 80-29, passed 12-16-1980)

   (A)   Publication and mailing of notice. Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the City and by mailing written notice by the Secretary of the Board of Adjustment to all owners of properly within a 300-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 ten days prior to the hearing.

   (B)   Contents of notice. The notice, whether by publication or mail, of a public hearing before the Board of Adjustment 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 appeal, variance or exception requested; and

      (3)   The date, time and place of the hearing.

(Prior Code, § 11-3-8) (Ord. 80-29, passed 12-16-1980)

   (A)   Right to appeal. Appeals from the action of an Administrative Officer to the Board of Adjustment may be taken by any person aggrieved or by any officer, department or board of the City affected by a decision of the Administrative Officer.

   (B)   Time limit; filing notice of appeal. An appeal shall be taken within 20 days of the action taken by the Administrative Officer by filing with the Code Official, a notice of appeal specifying the grounds therefor.

   (C)   Filing fee; list of adjacent property owners. The Board of Adjustment shall act on appeals as authorized upon payment of a filing fee of $100 to the Office of the City Clerk. In addition, the applicant shall provide a list containing the names and mailing addresses of all owners of property lying within 300 feet of the exterior boundary of the subject property, as certified by a licensed and bonded abstracting company or title insurance company.

   (D)   Records provided to Board. The officer from whom the appeal is taken shall transmit to the Board of Adjustment certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.

   (E)   Stay of proceedings. 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 appeal has been filed with him, that by reason of facts stated in the appeal 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 a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

   (F)   Hearing. The Secretary of the Board of Adjustment shall schedule a reasonable time for the hearing of the appeal; give public notice thereof, as well as due notice to the parties in interest; and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Prior Code, § 11-3-9) (Ord. 80-29, passed 12-16-1980)

   (A)   Right to appeal. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department or board of the City to the County District Court.

   (B)   Filing notice of appeal. The appeal shall be taken by filing a notice of appeal with the City Clerk and with the Secretary of the Board of Adjustment, within ten days of the decision or order of the Board of Adjustment. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.

   (C)   Records provided to Court Clerk. Upon filing the notice of appeal, the Board of Adjustment shall forthwith transmit to the Court Clerk 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)   Appeal tried in District Court. The appeal shall be heard and tried de nova in the District Court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

   (E)   Stay of proceedings. 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 pursuant to 11 O.S. § 44-110. 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 30 days of application.

   (F)   Actions of court. 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.

(Prior Code, § 11-3-10) (Ord. 2018-11, passed 3-20-2018)

   After an application for an appeal, variance or an exception has been denied by the Board of Adjustment, no rehearing of the original application or a new application for the same appeal, variance or exception for the same tract of land shall be considered by the Board of Adjustment for a period of six months from the date of Board of Adjustment hearing on the application.

(Prior Code, § 11-3-11) (Ord. 80-29, passed 12-16-1980)