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

State Law reference— Board of adjustment generally, 11 O.S. Secs. 44-101 to 44-110.

(97-01, Repealed and Replaced, 01/14/1997)

A.

The board of adjustment shall consist of five residents of the City of Lawton, four of whom shall be nominated by the mayor and appointed by the city council, and a fifth member who shall be appointed from the membership of the planning commission. All members of the board of adjustment shall serve without compensation for a term of three years. Members may be removed by city council for cause as provided by state statutes after notice and hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The members of the board of adjustment serving pursuant to the terms of the repealed article on the date of the enactment of this article, and the respective terms of office of the current membership shall continue under the provisions of this article.

B.

The board of adjustment shall elect a chairman and vice-chairman from its membership to serve a term of two years.

(97-01, Repealed and Replaced, 01/14/1997)

The board of adjustment shall adopt rules in accordance with the provisions of this ordinance. 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. The chairperson, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be subject to the requirements of the Oklahoma Open Meeting Act. The board of adjustment shall keep records of all meetings at which a variance or special exception was considered. The record of the meeting 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. The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination from which an appeal is taken, to decide any matter upon which may properly come before it pursuant to the zoning ordinance. Petitions, motions, or other actions to reconsider prior board of adjustment determinations, hear new applications for relief sought in prior board of adjustment determinations, or any other similar request, petition or motion seeking relief which has been earlier denied will not again be filed for hearing within six months of the date of the decision by the board of adjustment.

(97-01, Repealed and Replaced, 01/14/1997)

It is the intent of this article that all questions of interpretation and enforcement shall be first presented to a planning or zoning official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the planning or zoning official and that recourse from the decision of the board of adjustment shall be by appeal to the District Court as herein provided.

(97-01, Repealed and Replaced, 01/14/1997)

The board of adjustment shall have the following powers:

A.

Upon proper application, to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by a planning or zoning official in the enforcement of any zoning ordinance.

B.

Upon proper application, to hear and decide special exceptions to the terms of the city's zoning ordinances as hereinafter enumerated in Section 18-209.

C.

Upon proper application, to hear and authorize in specific cases such variances from the terms of the city's zoning ordinances as are allowed under Section 18-212 and Section 18-213.

D.

Upon proper application to hear and decide an appeal to grant an exception to termination of a nonconforming structure, nonconforming use or a conforming structure on a nonconforming lot as provided for in Article 7 of this chapter and to permit the restoration of a nonconforming structure, a conforming structure containing a nonconforming use, or a conforming structure on a nonconforming lot damaged by fire, explosion, natural causes or a public enemy by more than fifty percent (50%) of its replacement value.

(Ord. 2003-25, Amended, 06/13/2003; 98-14, Amended, 05/12/1998; 97-01, Repealed and Replaced, 01/14/1997)

(Ord. 2006-68, Amended, 10/26/2006; Ord. No. 20-26, § 1, 11-24-2020)

State Law reference— 11 O.S. Section 44-107.1.

A.

Appeals may be taken to the board of adjustment by any person aggrieved or by any officer or agency of the city affected by any decision of a planning or zoning official concerning interpretation or administration of the city's zoning ordinances. Such appeals shall be taken within thirty (30) calendar days from the date of the written decision of the officer or agency, by filing with the city clerk and with the board of adjustment a notice of appeal specifying the grounds thereof. In addition, such person shall deposit with the city a fee as established in Appendix A of the Lawton City Code to cover the cost and expense of appeal to the board of adjustment.

B.

A planning or zoning official shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken.

C.

The board of adjustment shall fix a reasonable time for the hearing of an appeal giving notice to the parties in interest and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

D.

An appeal stays all proceedings in furtherance of the action appealed from unless the planning or zoning official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order, which may be granted by the board of adjustment or by a court of competent jurisdiction upon application, upon notice to the planning or zoning official from whom the appeal is taken, and upon due cause being shown.

(97-01, Repealed and Replaced, 01/14/1997)

In exercising the above-mentioned powers, the board of adjustment may reverse or affirm, wholly or in part; may modify the order, requirement, decision, or determination from which an appeal is taken; shall make such order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this ordinance; and to that end shall have the powers of the planning or zoning official from whom the appeal is taken.

(97-01, Repealed and Replaced, 01/14/1997)

A.

Any person or persons, board, taxpayer, department, or agency of the city aggrieved by any decision of the board of adjustment may within ten (10) calendar days after the date of the order, seek review by the District Court by filing with the city clerk and with the chairman of the board of adjustment a notice of appeal, which said notice shall specify in detail the grounds of such appeal. Upon filing of the notice of appeal, as herein provided, said board of adjustment shall forthwith cause to be transmitted to the court clerk of the District Court 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. Said case shall be heard and tried de novo in the District Court as in all other civil actions. Failure to file an appeal shall mean the board of adjustment's action is considered final.

B.

An appeal to the District Court from the board of adjustment stays all proceedings and the action from which the appeal is taken unless the chairman of the board of adjustment certifies to the court clerk after the notice of appeal has been filed that by reason of fact 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 other than by a restraining order which may be granted by the District Court upon application or notice to the planning or zoning official in charge of the enforcement of the terms and provisions of this ordinance, upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown, the District Court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(97-01, Added, 01/14/1997)

A.

A special exception is defined as follows: "A special exception is a condition that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such condition may be permitted in zoning districts as special exceptions if specific provision for such special exception is made hereafter." Special exceptions may not be granted that will allow nonpermitted uses within the district.

B.

The board of adjustment is hereby empowered and authorized to grant the following specific special exceptions, to-wit:

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 shown on the map fixing the several districts, which map is attached to and made a part of Chapter 18, Lawton City Code.

3.

To permit the extension of a carport into the required front yard setback when the carport is attached to a single-family residence or duplex located on a local street as defined by the subdivision regulations or the long range transportation plan and when it is determined that such an extension will promote the value and appearance of the subject property and neighborhood.

4.

To permit a reduction in the total number of off-street parking spaces required for any proposed use within a new development when it can be shown in a study performed by a qualified professional, based on actual parking counts taken during periods of peak parking demand at existing facilities of the same type and size, that the required number of parking spaces is in excess of that needed for the proposed development and that said reduction will not create a parking liability on nearby properties or public streets.

(98-14, Amended, 05/12/1998; 97-01, Added, 01/14/1997)

(Ord. No. 11-43, § 1, 9-13-2011)

A.

Applications may be taken to the board of adjustment for special exceptions to this article by any person aggrieved or by any agency of the City of Lawton. A special exception shall not be granted by the board of adjustment unless and until:

1.

An applicant shall submit to the board of adjustment a written application for said special exception indicating the section of the Lawton City Code from which the special exception is sought and stating the grounds upon which it is requested. An application for a special exception to the provisions of the Lawton City Code shall include the following plans and information:

a.

Name, address, and phone number of applicant;

b.

Exact description of the property (legal description and street address);

c.

A site plan, drawn to scale, showing the location of existing or proposed structures, parking, ingress and egress, easements, and public rights-of-way adjacent to property;

d.

Information which the applicant feels may support his/her request for a special exception;

e.

Other relevant information as may be required by the code official.

2.

The applicant shall submit with each application a list of names and addresses of all record property owners within a three hundred (300) foot radius of the exterior boundary of the subject property, said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, a bonded abstractor, or the county assessor. Maps to accomplish the above requirement will be available at the city.

3.

Upon receipt of said written application, fee, and list, notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the City of Lawton not less than ten (10) calendar days before the meeting of the board of adjustment. In addition, notice by the Secretary of said board of adjustment to all owners of property within a three hundred (300) foot or larger radius of the exterior boundary of the subject property shall be mailed not less than ten (10) calendar days before the meeting of the board of adjustment. Said notice shall contain:

a.

Legal description of the property and the street address or approximate location in the City of Lawton;

b.

Present zoning classification of the property and the nature of the exception requested;

c.

Date, time, and place of hearing.

A copy of the published notice may be mailed in lieu of written notice.

(97-01, Added, 01/14/1997)

The public hearing shall be held in accordance with the following provisions:

A.

At said hearing, any party may appear in person or by agent or attorney;

B.

In those instances where a special exception is granted, the board of adjustment shall make a finding that the granting of such special exception will not adversely affect the public interest;

C.

In granting any special exception, the board of adjustment shall prescribe the appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this article and punishable under the penalty sections of this code. The board of adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

(97-01, Added, 01/14/1997)

A.

A variance is defined as follows:

"A variance is a relaxation of the terms of the City's zoning ordinances excluding use when such variance will not be contrary to the public interest, and where, owing to the conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship."

B.

Variances may be granted only in the following areas:

1.

Varying any required building setback line when the encroachment represents thirty percent (30%) or less of the required yard and involves only a minor portion of the structure or vary any required building setback line when the encroachment would conform to the setback line established by a legally protected nonconforming structure on the lot subject to the application. Such variation may not create an encroachment upon any easement or right-of-way.

2.

Varying in residential districts lot widths, lot frontage, lot area, coverage, and open space requirements provided that the residential lots existed prior to November 10, 1964, and continue to be used for residential purposes. However, if such variance allows the expansion of a legally protected nonconforming structure, the expansion shall be limited to the building setback lines already established by the existing structures. The granting of such variance shall be based upon a binding site plan which will be part of the board of adjustment order and also part of the building permit.

3.

Varying the total number off-street parking spaces required when the use of a building is changed to a higher intensity of use or the building is enlarged. However, such variance shall not cause any increased traffic congestion nor diminish the traffic sight triangle on the premises or to the adjacent property and adjacent street network. Any applicant for such variance shall be required to submit evidence that the site upon which the application is submitted is of such unusual size, shape, or topography that the required off-street parking spaces cannot be constructed on the site.

4.

Varying the requirement that street curbs be required when not already existing if the public safety or the surface drainage will not be adversely affected.

5.

Varying the requirement that all driveways be concrete upon a recommendation from the city engineer that the use of an alternative surfacing material compatible with the adjacent street surface will be in the public's interests.

6.

Other variances related to off-street parking may be granted only if they do not: allow parking and maneuvering on the public right-of-way; remove the requirement for the installation of barrier curbs separating the public right-of-way from private property; alter any of the requirements related to ADA compliant parking; violate the stormwater drainage regulations found in Chapter 19A of this Code; or have a negative impact on public safety in the opinion of the city engineer.

7.

Variances related to the sign regulations provided such variance shall not alter or diminish any safety requirements or permit encroachments on public rights-of-way or street easements.

C.

Except as otherwise provided in this article, the board of adjustment shall not have the power to vary the requirements of Article 7 of this chapter.

(Ord. 2003-25, Amended, 06/13/2003; 2000-36, Amended, 10/10/2000; 98-43, Amended, 11/10/1998; 98-14, Amended, 05/12/1998; 97-01, Added, 01/14/1997)

(Ord. No. 13-43, § 1, 12-17-2013; Ord. No. 24-074, § 1, 11-5-2024)

A.

An application for a variance to the provisions of Chapter 18 of this code shall include the following plans and information:

1.

Name, address, and phone number of applicant;

2.

Exact description of the property (legal description and street address);

3.

A site plan, drawn to scale, showing the location of existing or proposed structures, parking, ingress and egress, easements, and public rights-of-way adjacent to property;

4.

Information which the applicant feels may support his/her request for a variance.

B.

The applicant shall also submit with each application a list of names and addresses of all record property owners within a three hundred-foot radius of the exterior boundary of the subject property. Said list shall be current and certified by a registered surveyor, a bonded abstractor, or the county clerk.

C.

Upon receipt of said written application, fee, and list, notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the City of Lawton not less than ten (10) calendar days before the meeting of the board of adjustment. In addition, notice by the Secretary of said board of adjustment to all owners of property within a three hundred (300) foot of the subject property shall be mailed not less than ten (10) calendar days before the meeting of the board of adjustment. Said notice shall contain:

1.

Legal description of the property and the street address or approximate location in the City of Lawton;

2.

Present zoning classification of the property and the nature of the variance requested;

3.

Date, time, and place of hearing.

D.

The board of adjustment shall have the power to authorize such variances from the terms of the city's zoning ordinances upon a finding by the board of adjustment that:

1.

The application of the zoning ordinance 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 the zoning ordinance or the comprehensive plan; and

4.

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

E.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

F.

The burden of proof to establish the findings required by the board to authorize a variance shall be borne by the appellant.

(98-14, Amended, 05/12/1998; 97-01, Added, 01/14/1997)

(98-14, Repealed, 05/12/1998; 97-01, Added, 01/14/1997)

The public hearing shall be held in accordance with the following provisions:

A.

At said hearing, any party may appear in person or by agent or attorney;

B.

The board of adjustment shall make a finding that the requirements of Section 18-213 D hereinabove have been met by the applicant for variance and vote individually on each of the requirements in the case that the variance is recommended for denial.

(98-14, Amended, 05/12/1998; 97-01, Added, 01/14/1997)

A.

For the purpose of hearing appeals enumerated in Section 18-2-1-205 D, the following definitions will govern:

1.

Replacement Value shall be defined as the current construction cost for replacement of an existing building or structure, or portion thereof, reconstructed to meet applicable building standards established in the city code.

2.

Code Official shall be defined as the person charged with the administration and enforcement of the building codes.

B.

Board is hereby empowered and authorized to grant the restoration of a nonconforming structure, a conforming structure containing a nonconforming use, or a conforming structure on a nonconforming lot damaged by fire, explosion, natural causes, or a public enemy by more than fifty percent (50%) of its replacement value as provided in Article 7 of this chapter. The code official shall determine calculation of the replacement value after damages.

(Ord. 2003-25, Add, 06/13/2003)

A.

Application may be taken to the board of adjustment for an exception to this article by any person aggrieved or by any agency of the City of Lawton. An exception shall not be granted by the board of adjustment unless and until:

1.

An applicant shall submit to the board of adjustment a written application for said exception indicating the section of the Lawton City Code from under the exception is sought and stating the grounds upon which it is requested. An application for an exception to restore the damaged structure shall include the following plans and information:

a.

Name, address, and phone number of applicant;

b.

Exact description of the property (legal description and street address);

c.

A site plan, drawn to scale, showing the location of existing structures, parking, ingress and egress, easements, and public rights-of-way adjacent to property;

d.

Present zoning of property;

e.

Information which the applicant feels may support his/her request for an exception;

f.

Written calculation of the replacement value by the code official;

g.

If the applicant has a different calculation of the percentage of replacement value completed by two licensed general contractors.

2.

The applicant shall submit with each application a list of names and addresses of all record property owners within three hundred (300) foot radius of the exterior boundary of the subject property. Said list shall be current and certified by a professional engineer, an attorney, a registered surveyor, a bonded abstractor, or the county assessor. Maps to accomplish the above will be available at the city.

3.

Upon receipt of said written application, fee, and list, notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the City of Lawton not less than ten calendar days before the meeting of the board of adjustment. In addition, notice by the secretary of the board of adjustment to all owners of property within three hundred (300) foot of the exterior boundary of the subject property shall be mailed not less than ten (10) calendar days before the meeting of the board of adjustment. Said notice shall contain:

a.

Legal description of the property and the street address or approximate location in the City of Lawton;

b.

Present zoning classification of the property and the nature of the exception requested;

c.

Date, time, and place of hearing.

C.

The board of adjustment shall have the power to authorize an exception to allow the restoration of a nonconforming structure, conforming structure containing a nonconforming use, or a conforming structure on a nonconforming lot damaged by fire, explosion, natural cause, or public enemy by more than fifty percent (50%) of its replacement value upon a finding by the board:

1.

That the exception of restoration will not diminish the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

2.

That the applicant has demonstrated that the denial of the exception would cause the applicant unnecessary hardship. Hardship as defined does not include financial or economic loss.

3.

That the special circumstances that caused the damage to the structure did not result from the actions of the applicant.

4.

That the exception of restoration, if granted, would not cause detriment to the public good or impair the purposes and intent of the zoning ordinance or the comprehensive plan.

(Ord. 2003-25, Add, 06/13/2003)

The public hearing shall be held in accordance with the following provisions:

A.

At said hearing, any party may appear in person or by agent or attorney;

B.

The board of adjustment shall make a finding that the requirements of Section 18-2-1-217D hereinabove have been met by the applicant for the exception and vote individually on each of the requirements in the case that the exception is recommended for denial.

(Ord. 2003-25, Add, 06/13/2003)