There is hereby created within and for the City of Healdton a Board of Adjustment with the powers and duties as hereinafter set forth.

(Ord. No. 376, 6-7-21)

The Board of Adjustment shall be composed of five (5) members, citizens of the City of Healdton, each appointed by the Mayor with the approval of the Council for a term of three (3) years; provided, however, that for the first appointment under the provisions of this Ordinance one (1) member shall be appointed for a term of one (1) year; two (2) members shall be appointed for a term of two (2) years; and two (2) members shall be appointed for a term of (3) years. All appointments thereafter shall be for a term of three (3) years.

Not less than two (2) members shall be appointed from the membership of the Planning Commission.

The Board shall elect a chairman from its membership to serve for a term of two (2) years.

(Ord. No. 376, 6-7-21)

The Board shall adopt rules in accordance with the provisions of this Ordinance. 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. All meetings 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 City Clerk and shall be a public record. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(Ord. No. 376, 6-7-21)

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Healdton affected by any decision of the Building Inspector. Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken and with the City Clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee of thirty-five dollars ($35.00) at the office of the City Clerk the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was 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 appeal shall have 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 cases, 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 and notice to the officer from whom the appeal is taken and on the cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving 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.

(Ord. No. 376, 6-7-21)

The Board of Adjustment shall have the following powers:

(a)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the interpretation or enforcement of this Ordinance.

(b)

Powers Relative to Variations: Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reasons of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the Board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardship, but may establish such requirements relative to such property as would carry out the purpose and intent of this Ordinance.

(c)

Powers Relative to Exceptions: Upon appeal, the Board is hereby empowered to permit the following exceptions:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

To interpret the provisions of the Ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this Ordinance.

(3)

To grant exceptions to the off-street parking requirement set forth in Article IV, when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and that the proposed use will not create undue traffic congestion in the adjacent streets.

(4)

To grant exception to the side yard requirements for accessory detached private automobile garages on a lot where a conforming dwelling existed at the time of passage of these regulations; provided, however, that no detached garage shall be permitted to be closer than sixty (60) feet to the front property line or the be located closer the ten (10) feet to a dwelling located on an adjacent lot.

(5)

To permit the expansion of a building housing a nonconforming use which meets the following conditions.

a.

The nonconforming use is listed as a "permitted use" in C-1 Neighborhood Commercial District, as defined in this ordinance.

b.

The expansion shall not adversely affect any property in the area in which it is located; furthermore, screening or other conditions may be attached to the approval of the expansion. The screening should be an opaque wall, fence, or hedge not less than five (5) feet nor more than eight (8) feet in height.

c.

The existing building or structure housing the nonconforming use shall be altered or improved so that it will conform to the construction of the expanded facility and will be of uniform architectural design.

(6)

To review the uses listed in Article 2 of the specific district regulations as "uses permitted on review" These are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature if such uses may make it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedures.

a.

An application shall be filed with the Board of Adjustment for review. Said application shall show the location and intended uses of the site, the names of all the property owners, and existing land uses within two hundred (200) feet, and any other material pertinent to the request which the Board of Adjustment may require.

b.

The Board of Adjustment shall hold one (1) or more public hearings thereon.

c.

The Board of Adjustment, within forty-five (45) days of the date of application, shall study the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare, and authorize or deny the issuance of a permit for the use of land or buildings as requested.

In exercising the above mentioned powers the Board may, in conformance with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, 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. In considering all appeals from rulings made under this Ordinance, the Board shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the City of Healdton. Every ruling made upon any appeal to the Board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the appeal.

(Ord. No. 376, 6-7-21)

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, or any taxpayer, or any officer, department, board of bureau of the City of Healdton to the District Court by filing notice of appeal with the City Clerk and with the Board of Adjustment within ten (10) days from the filing of the decision of the Board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the said board shall forthwith transmit to the court clerk of the county the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman 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 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 ordinance, and upon notice to the chairman of the board of adjustment for 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.

(Ord. No. 376, 6-7-21)