There is hereby created and established a Board of Adjustment consisting of five members, with members serving staggered three-year terms. Removal shall be for cause by the Board of Trustees, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(Prior Code, § 12-3-1) (Ord. 1997-3-1, passed 3-10-1997)

1. Rules. The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this zoning code.
2. Meetings.
   1. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine.
   2. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.
   3. All meetings, deliberations, and voting of the Board of Adjustment shall be open to the public, and the Board of Adjustment shall be subject to the open meeting laws of the state.
3. Minutes and records. 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 records of its examinations and other official actions, all of which shall be immediately filed in the office of the Town Clerk, and shall be public record.

(Prior Code, § 12-3-2) (Ord. 1997-3-1, passed 3-10-1997)

1. Powers enumerated. The Board of Adjustment shall have the following powers:
   1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this zoning code or any ordinance adopted pursuant hereto;
   2. To hear and decide special exceptions to the terms of the zoning code upon which the Board of Adjustment is required to pass under such zoning code;
   3. To authorize in specific cases such variance from the terms of the zoning code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning code will result in unnecessary hardship and so that the spirit of the zoning code shall be observed and substantial justice done;
   4. To allow exceptions and/or variances only after notice and hearing as hereinafter provided; and
   5. To grant a variance upon a finding that:
      1. The application of the zoning code to the particular piece of property would create an unnecessary hardship;
      2. Such conditions are peculiar to the particular piece of property involved; and
      3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the zoning code or the comprehensive plan.
2. Conditions of actions.
   1. In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this zoning code, reverse or affirm, wholly or partly, 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.
   2. The concurring vote of three members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under the zoning code or to effect any variation in the zoning code.

(Prior Code, § 12-3-3) (Ord. 1997-3-1, passed 3-10-1997)

1. Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the town and by mailing written notice by the clerk of the Board of Adjustment to all owners of property within a 300-foot radius, inclusive of streets and alleys, of the exterior boundary of the subject property. Applicant shall provide, at applicant's expense, an abstractor's certificate showing the names and addresses of property owners within the 300-foot radius, inclusive of streets and alleys. Said notice shall contain:
   1. Legal description of the property and the street address or approximate location in the town;
   2. Present zoning classification of the property and the nature of the variance or exception requested; and
   3. Date, time, and place of hearing.
2. 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.

(Prior Code, § 12-3-4) (Ord. 1997-3-1, passed 3-10-1997)

The legislative body shall, by the zoning code, provide for appeals from any administrative officer to the Board of Adjustment and from the Board of Adjustment to the District Court of the county in which such municipality is located, in the following manner.

1. Right of appeal. Appeals from the action of any administrative officer to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the town affected by any decision of the Building Director/Code Officer.
2. Filing appeal. Such appeal shall be taken within such time as is fixed by town ordinance by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying grounds thereof.
3. Records to Board. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter, together with a copy of the ruling or order from which such appeal is taken.
4. 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 shall have been 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 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 upon due cause shown.
5. Hearing. The Board of Adjustment shall fix 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, § 12-3-5) (Ord. 1997-3-1, passed 3-10-1997)

1. Right of appeal; notice filed. 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, board or bureau of the town to the district court by filing with the Town Clerk and with the clerk of the Board of Adjustment, if there be one, within twenty (20) days of the adverse action, decision, ruling, judgement, or order, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal.
2. Records to county. Upon filing of the notice of appeal as herein provided, the Board of Adjustment shall forthwith transmit to the Court Clerk of the county 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 of Adjustment.
3. Hearing. Said case shall be heard and tried de novo in the district court. An appeal shall lie from the action of the district court in all other civil actions.
4. Stay of proceedings. An appeal to the district court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Chairperson of the Board of Adjustment, from which the appeal is taken, certifies to the court clerk, after the 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, and upon notice to the Chairperson of the Board of Adjustment 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.
5. Costs against Board. Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
6. Priority of issues. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings
7. Repealer. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.
8. Severability. Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance and the same are deemed severable for this purpose.
9. Emergency. In order to ensure the safety and welfare and well-being of the citizens of the Town of Fort Gibson, this amendment should be and is hereby declared an emergency and shall become effective upon the date approved by the Board of Trustees.

(Prior Code, § 12-3-6)