A Variance from the terms, standards, and criteria that pertain to an allowed use category within a Zoning District as authorized by this Chapter 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:

(1)

The application of this Chapter 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 Chapter or the Comprehensive Plan; and

(4)

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

(Code 1992, § 25-87; Code 2013, § 50-158; Ord. No. 803, § 2, 11-17-1998)

State Law reference— Similar provisions, 11 O.S. § 44-107.

(a)

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 to all owners of Property 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)

The action, whether by Publication or by 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.

(Code 1992, § 25-88; Code 2013, § 50-159; Ord. No. 803, § 2, 11-17-1998)

State Law reference— Similar provisions, 11 O.S. § 44-108.