The currently established board of adjustment for the city of Okmulgee shall continue hereafter with the powers and duties herein set forth. The board of adjustment shall consist of five (5) members, who shall be nominated by the mayor and confirmed by the city council, and shall serve without pay for staggered terms of three (3) years. Vacancies shall be filled for an unexpired term of any member in the manner set forth for appointments to a full term. A board member may be removed for cause, by the city council after notice, written charges and public hearing. The board shall organize, elect its chairman, and appoint a secretary and adopt rules necessary to the conduct of its affairs. (Ord. 1953, 2010)

The board shall have the power to: a) hear appeals from alleged errors in the determinations of an administrative official in enforcing this zoning code, b) grant variances to the strict terms and criteria of a zoning district in the case of unnecessary hardship if such can be done in a manner not contrary to the public interest, c) make interpretations of the zoning map and text as it affects individual tracts of land, and d) grant special exceptions as authorized by this title, all in accordance with the substantive and procedural standards hereinafter set forth. Provided that the board may not grant "use variances" as that term is used in Oklahoma law. (Ord. 1953, 2010)

Meetings shall be held at the call of the chairperson, or any two (2) members, and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings, deliberations, and voting of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote or abstention of each member upon each question. All meetings and all records of the board shall be governed by the open meetings act and the open records act under Oklahoma law. All records shall be filed in the office of the city clerk. The board shall decide within thirty (30) days after the filing of an application for relief and the publication of required notices, unless the applicant requests a delay. All decisions of the board shall be by majority vote, and the grant of relief shall require not less than three (3) concurring votes. (Ord. 1953, 2010)

   A.   Application: Any person aggrieved by a decision of a building official or planning official in the enforcement of this zoning code or any officer or board of the city may file an appeal from a decision of a building official or planning official in the enforcement of this zoning code. Any property owner or authorized agent desiring a special exception or a variance under this zoning code, shall file an application for such special exception or variance. The forms for these applications shall be provided by city staff. The application shall describe the land under consideration by legal description and by street address or similar common reference points, and the specific relief requested. In the case of an appeal from an administrative decision, the application shall also state the official decision that was made, the zoning code section in dispute, and be filed within ten (10) days after the decision was rendered. In the case of a variance or special exception, the application shall also state the current use and zoning of the property, the proposed use and zoning sought, and the specific exceptions sought, together with the grounds or basis supporting the application. The application shall be filed with the community development department, along with the required application fee and any fee for notice or publication that may be required.

   B.   Notice Of Public Hearing: The board of adjustment shall give notice and conduct a public hearing before acting on any appeal from an administrative official in the enforcement of this zoning code, or before granting any special exception, or variance. Ten (10) days' public notice shall be given as follows:

      1.   By publication in a newspaper of general circulation, at least once and not less than fifteen (15) days preceding the hearing, as to any requested variance or special exception.

      2.   By mailing written notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property.

      3.   By delivering written notice to the building official or zoning official whose decision is being appealed.

   C.   Contents Of Notice: The notice shall contain:

      1.   The legal description of the property, and the street address or approximate location of the property.

      2.   The present zoning classification of the property.

      3.   The nature of the relief sought.

      4.   The date, time and place of the hearing.

   D.   Costs Of Notice: On any application for a variance or special exception, the applicant shall furnish the names and mailing addresses of all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property, as shown on the current year's county tax rolls. While the staff may estimate and the applicant may pay the anticipated costs of publication, the applicant shall pay the actual costs prior to the grant of affirmative relief. (Ord. 1953, 2010)

An application for an appeal, from an administrative official enforcing this zoning code, or any variance or special exception shall be accompanied by the payment of ($150) One hundred fifty dollars. (Ord. 2182 § 1, 2022: Ord. 1953, 2010)

   A.   Board's Powers: The board shall hold the public hearing, after which it may reverse or affirm, wholly or partly, or may modify the 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.

   B.   Administrative Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official 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 case, proceedings shall not be stayed other than by a restraining order granted by the board on due and sufficient cause shown.

   C.   Determination Of Classification: Where a question arises as to the zoning district classification of a particular use, the board of adjustment, upon written request of an administrative official may find and determine the classification of the use in question and shall, prior to such determination, order the giving of notice and hold a public hearing. (Ord. 1953, 2010)

   A.   Allowed Variances: The board of adjustment may grant such variance from the terms of this zoning code as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this zoning code, or the comprehensive plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property and not created by the property owner or occupant, the literal enforcement of this zoning code will result in unnecessary hardship. The board shall not vary any jurisdictional requirement, such as notice. The board shall not permit by variance a principal use not otherwise permitted in the applicable district, it being the expressed spirit and intent of this zoning code that a change of the permitted principal use shall be made solely by ordinance amendment of this zoning code or the official zoning map. Provided that the board in granting a variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.

   B.   Time Limitation On Variances: A variance that has not been utilized within one year from date of the order granting the variance shall thereafter be void, provided that the board has not extended the time for utilization. For the purpose 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. 1953, 2010)

   A.   Allowed Exceptions: The board of adjustment upon application and after hearing subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:

      1.   The restoration of a partially destroyed nonconforming structure.

      2.   The modification of the parking and loading requirements.

      3.   The placement of satellite antennas that do not meet all of the standards.

      4.   Permit the various uses identified in particular zoning districts that are not permitted by right, but are permitted by special use designation.

   B.   Compliance With Intent Of Zoning Code: The board of adjustment shall determine whether or not special exception will be in harmony with the spirit and intent of this zoning code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the board in granting special exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.

   C.   Time Limitation On Special Exceptions: A special exception which has not been utilized within one year from date of the order granting same shall thereafter be void, unless the board has expressly extended the time for utilization in writing. 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. 1953, 2010)

Any appeal to the district court stays all proceedings in furtherance of the action appealed from unless the chairman of the board certifies to the court clerk, after notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the district court. (Ord. 1953, 2010)