There is hereby created within and for the City a Board of Adjustment with the powers and duties as provided herein.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

State Law reference— Planning and zoning, 11 O.S. § 44-101 et seq.

A.

The Board of Adjustment shall consist of five members appointed by the City Council. Appointments shall be for a term of three years.

B.

A member of such Board of Adjustment, once qualified, can thereafter be removed during his or her term of office only for cause upon written charges alleging that the member has violated any of the duties imposed on such member by the Charter or any state law affecting public officials and after a public hearing held before the City Council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members of the Board of Adjustment shall serve without compensation.

C.

The Board of Adjustment shall elect its own chairperson and shall adopt rules or procedures consistent with principals of due process and the provisions of these regulations. The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public and minutes shall be kept of all proceedings showing the vote of each member.

D.

The Board of Adjustment may, with the approval of the board and council, appoint such employees as may be necessary and may incur necessary expenses within the limits of the appropriations authorized by the City Council.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The City shall provide for appeals from any action or decision of an administrative officer acting pursuant to any zoning regulation to the Board of Adjustment in the following manner:

1.

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 City affected by any decision of the administrative officer;

2.

An appeal shall be filed within ten business days of the decision by filing with the officer from which the appeal is taken and by filing with the secretary of the Board of Adjustment a notice of appeal specifying the grounds therefore. Application shall be made in accordance with Section 90-02-08. 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 the matter, together with a copy of the ruling, order or if no written order is prepared, a written memorial of the same from which the appeal is taken.

3.

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 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 a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and

4.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal which shall, absent extenuating circumstances, be the next regular scheduled meeting after the appeal is filed., 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.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The Board of Adjustment shall have the power to:

1.

Hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by an administrative official in the enforcement of Zoning Regulations;

2.

Hear and decide special exceptions to the Zoning Regulations to allow 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 to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by the Zoning Regulations, and in accordance with the substantive and procedural standards of the Zoning Regulations; and

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 the Zoning Regulations 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 the regulations will result in unnecessary hardship and so that the spirit of the regulations shall be observed and substantial justice done; provided, however, the board shall have no power to authorize a variance as to use.

B.

Exceptions or variances may be allowed by the Board of Adjustment only after notice and hearing as provided in this article. 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 questions, otherwise the variance or special exception shall be voidable on appeal to the district court.

1.

In exercising the powers specified in subsection (a) of this section, the Board of Adjustment may, in conformity with the provisions of this article, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination from which appealed and may make such order, requirement, decision or determination as ought to be made.

2.

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 ordinance and special exception or variance.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Board of Adjustment may make special exceptions to specific uses allowed within each zoning category according to the Zoning Regulations in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in the Zoning Regulations.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Regulations may be granted, in whole, in part, or upon reasonable conditions as provided in this article, only upon a finding by the Board of Adjustment that:

A.

The application of the Zoning Regulations to the particular piece of property would create an unnecessary hardship;

B.

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

C.

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the regulations or the comprehensive plan; and

D.

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

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the City where the property is located and by mailing written notice by the secretary of the Board of Adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property. The notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

B.

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.

Date, time and place of the hearing.

C.

On hearings involving minor variances or exceptions, notices shall be given by the secretary 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 ten days prior to the hearing and shall contain the facts listed in subsection [B] of this section. The Board of Adjustment shall set forth in a statement of policy as to what constitutes minor variances or exceptions, subject to approval or amendment by the City Council.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

A request for a variance, special exception or an administrative appeal shall be initiated by the filing of an application with the board. Such application shall be submitted in accordance with the requirements specified on an application form provided by the Planning Department.

B.

A request for variance, special exception or administrative appeal shall be accompanied by a fee in accordance with the fee schedule in Appendix "A".

C.

A variance or special exception which has not been utilized within two years from the date of the board's action shall thereafter be void. For the purposes of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the City to the district court in the manner established for such appeals to be taken under state law.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)