A.   Building Official: It shall be the duty of the building official, or his/her designee, to administer and enforce these regulations and to refuse to issue any permit for any building or structure or the use of any premises which would violate any of the provisions thereof. The building official, or designee, shall have the authority to issue citations to persons who violate these regulations or any other applicable provisions of this code. (Ord. 5916, 8-9-1999; amd. 2003 Code)

   B.   Building Permit: Except as may be otherwise exempted by the city code, it shall be unlawful for any person to erect, construct, alter, move, remodel, or reconstruct any building or other structure, including accessory structures listed in subsections 11-5-1B2 through B10 of this title, until the building official has issued a building permit certifying that the plans and intended use of the land, buildings, and other structures are in conformity with this title and all other applicable codes. Administration and enforcement of building permits shall be governed by the applicable provisions of the current international building code, as adopted and amended in title 10, chapter 1 of this code. In addition to the normal application requirements, the building official may require the applicant to furnish one or more of the following: (Ord. 5916, 8-9-1999; amd. 2003 Code; Ord. 6071, 12-10-2007)

      1.   Scale drawing or supplemental data pertaining to the structure's compliance with any specific provision of this title, including the attached exhibits;

      2.   A declaration of the existing or intended use of each structure, building, or part of building, including number of dwelling units, if applicable;

      3.   Information with regard to neighboring lots that may be necessary to determine compliance with this title; and

      4.   Evidence of a properly executed and approved formal site plan if required by section 11-17-3 of this chapter. (Ord. 5916, 8-9-1999; amd. 2003 Code)

      5.   Accessory buildings may be regulated by private covenants that are more restrictive than city ordinances. Prior to the issuance of a building permit for an accessory building, notice shall be provided by mail to the owners of property lying within three hundred feet (300') of the subject lot for the purpose of alerting neighborhood residents to the pending permit application. Notice shall not be required for the placement of accessory buildings containing less than two hundred (200) square feet of floor area. (Ord. 6170, 5-13-2013)

   C.   Certificate Of Occupancy: No structure or addition thereto requiring a building permit for construction, alteration, moving, remodeling, or reconstruction shall be occupied for any purpose, and no vacant land shall be used for any purpose except agriculture, and no use of any land or structure shall be changed to any other use, unless a certificate of occupancy shall first have been obtained from the building official certifying that the proposed construction, use, or occupancy complies with all provisions of this title and all other applicable codes. Administration and enforcement of certificates of occupancy shall be governed by the applicable provisions of the international building code, as adopted and amended in title 10, chapter 1 of this code. (Ord. 5916, 8-9-1999; amd. 2003 Code; Ord. 6071, 12-10-2007)

   D.   Inspection: The building official may examine, or cause to be examined, all buildings, structures, and sites for which an application has been filed for a permit in accordance with this section, and any building, structure, or site about which a complaint is received from a citizen or public official concerning an activity occurring without a required permit or in violation of any other applicable provision of this title. The building official shall have the authority to enter at any reasonable hour any building, structure, or premises for the purpose of inspection under the provisions of this section.

   E.   Violation: It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, or reconstruct any building or structure, or occupy or change the use of any building, structure, or site, in a manner which violates any provision of this title. The building official shall send by registered mail or personally deliver to the owner of the property, responsible occupant of the property, or other party responsible for any violation, a written notice of such violation. If the violation is not voluntarily corrected within the time period allotted by notification, the responsible party shall be in violation of this title and punished to the full extent allowed by law. Written notification of a violation shall not be necessary when, in the opinion of the building official, the violation creates an immediate health or safety hazard to people or property. In these situations, the building official may issue a citation or cause a complaint to be filed without giving prior notice to the violator.

   F.   Appeal: Any person may appeal a determination of the building official, or apply for a variance from the provisions of this title, in accordance with the requirements of sections 11-17-8 and 11-17-9 of this chapter. (Ord. 5916, 8-9-1999)

   A.   Requirement: A public hearing required by any provision of this title shall be conducted by the authorized body in accordance with the notice and procedural requirements of this section.

      1.   Public hearings for zoning map amendments, zoning text amendments, special use permits, PUD final development plans, mobile home park site plans shall be held by the board of commissioners. Only one public hearing shall be required when two (2) different applications requiring public hearings for the same property are considered together by the board of commissioners.

      2.   Public hearings for zoning variances, special exceptions, and appeals shall be held by the board of adjustment.

   B.   Application: Requests for each action requiring a public hearing listed in subsection A of this section shall be initiated by submitting the following documentation to the community development department :

      1.   Completed application on the appropriate form furnished by the community development department;

      2.   Legal description of the subject property (for all applications except zoning text amendments and appeals);

      3.   List of names and mailing addresses of all owners of property within three hundred feet (300') of the exterior boundary of the subject property (for all applications except zoning text amendments and appeals). (Ord. 5916, 8-9-1999; amd. 2003 Code)

      4.   Filing fee, as required by the appropriate provisions of this chapter related to the individual types of applications.

   C.   Notice: Public notice of each public hearing (except minor variances) shall be published in a newspaper of general circulation in the city. For all applications except zoning text amendments and appeals, notice shall also be given in writing by mail to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property (owners of adjacent property, only, for special exceptions and minor variances), to the applicant, subject landowner, and any other party requesting such notice. Required notices shall be published and mailed at least twenty (20) days prior to a public hearing to be held by the board of commissioners, and at least ten (10) days prior to any public hearing to be held by the board of adjustment, and shall contain at a minimum the following information:

      1.   Legal description of the subject property and the street address or approximate location in the city (for all applications except zoning text amendments and appeals);

      2.   The present zoning classification and use of the property (for all applications except zoning text amendments and appeals);

      3.   A brief description of the nature of the application(s) or action(s) to be considered including the zoning classification sought by the applicant in the case of a zoning map amendment;

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

      5.   A map showing the location of the subject property with respect to surrounding lots, and identifying abutting streets, railroads, and waterways, as applicable.

   D.   Procedure: Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings, or historical background. Following each public hearing the recommendations of city staff and any relevant commission, board, or committee shall be presented. Action on each request shall be taken in accordance with the appropriate provisions of this chapter related to the individual types of applications. When more than one application for the same property is considered in a single public hearing, the different applications may be acted upon together or separately at the discretion of the board of commissioners. (Ord. 5916, 8-9-1999)

   A.   Requirement: Site plans required for special use permits and preliminary development plans submitted concurrently with the application for approval of a supplemental planned unit development (PUD) zoning district on the same property, are always considered concurrent with the respective special use permit, or zoning map amendment actions and, therefore, do not require separate compliance with the application and review procedures of this section. For other site plans not requiring a public hearing, no permit shall be issued for a new structure or an extension or exterior improvement of an existing structure until such site plan has been submitted, reviewed, and approved in accordance with this section.

   B.   Exemptions: The community development director may waive the requirements of this section for "minor structures" and "minor improvements", as defined in section 11-2-2 of this title.

   C.   Application: Site plans must, at the time of submittal, be accompanied by the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter. The filing fee for all site plans and PUD final development plan applications shall be an amount established by the board of commissioners. The filing fee is not refundable.

   D.   Required Documents For Submittal: A site plan application shall consist of the following documents which, if approved, shall be evidence of conformance with the requirements described in these regulations, as well as serve as the basis for review and approval of the development plan by the TRC (technical review committee), the planning commission and board of commissioners:

      1.   Procedural Checklist: This form will be supplied to the applicant at the preapplication conference and is used to aid in facilitating orderly development of a site plan proposal.

      2.   Site Development Plan: The site plan is a graphic representation of the proposed development, and the following items are required to be included. The site plan may be shown on one or more sheets depending on the size and complexity of the proposal, or depending on the desire of the applicant to present the landscaping items separate from the primary site plan elements.

         a.   Name and address of property owner of record and developer, if different;

         b.   Graphic scale, north point, date, and legend;

         c.   Statement and/or signature by registered architect, landscape architect, engineer, or surveyor certifying that the plan has to the best of his/her knowledge, been designed in accordance with the master plan and applicable city ordinances and regulations;

         d.   Written legal description of the site, including the size of the property in acres;

         e.   Length of boundaries of the tract measured to the nearest foot;

         f.   Location and identification of abutting subdivisions, and relationship with airport approach zone, flood hazard area, or city limits, if applicable;

         g.   Existing physiographic characteristics including contour lines at two foot (2') intervals and identification of natural watercourses, floodplains, and wooded areas;

         h.   Proposed grading, where different from existing contours;

         i.   Location and size of existing and proposed easements, utilities, and public rights of way;

         j.   Location and typical cross sections of all proposed public and private streets;

         k.   Location, orientation, area, and height of existing and proposed buildings and other structures;

         l.   Location and dimensions of proposed lot lines;

         m.   Approximate intensity of residential uses, if any, expressed by number of dwelling units per acre;

         n.   Location and identification of land use types, including common areas and facilities that are to be owned and maintained privately;

         o.   Location, arrangement, and dimensions of off street parking and loading spaces, and access drives;

         p.   Location of fences and pedestrian walkways;

         q.   Location, area, height, and orientation of any signs not attached to buildings;

         r.   Location and type of solid waste disposal equipment, with screening materials shown or noted;

         s.   A storm water study, including location of all drainage channels, subsurface drainage structures, and detention plan;

         t.   A landscape plan demonstrating compliance with section 11-14-3 of this title;

         u.   A site plan proposing one acre or more in (disturbed) area shall be accompanied by a general permit OKR10 (erosion control plan) approved by the ODEQ (Oklahoma department of environmental quality);

         v.   A separate written request, as applicable, for any of the foregoing items to be waived or amended, with necessary explanations to justify the request;

         w.   Site plans prepared by CAD drawings shall be submitted in digital format, along with ten (10) paper copies.

   E.   Public Improvements: All public improvements proposed on the site plan shall conform to the applicable engineering standards, codes and regulations of the city of Ponca City. The standards and requirements contained in title 12 of this code shall be applicable for all publicly dedicated improvements within or adjacent to the site, regardless whether or not it is being subdivided.

   F.   Review: Upon compliance with all application requirements, site plans and PUD final development plans shall be reviewed by the technical review committee and the planning commission for compliance with this title, other relevant provisions of this code, the master plan, and potential beneficial and adverse affects of the proposed development to the neighborhood and general welfare of the city. The findings and recommendations of the planning commission shall then be reported to the board of commissioners. Upon required notice being given, the board of commissioners shall hold a public hearing in accordance with the provisions set forth in section 11-17-2 of this chapter to review the proposed site plan or PUD final development plan, receive comments from interested parties, and receive the recommendation of the planning commission.

   G.   Approval: The board of commissioners shall approve, approve conditionally, return to the planning commission for further study, or disapprove the site plan or PUD final development plan. In the case of any action other than approval, the board of commissioners shall state the reasons for its action. As a condition of approval, the board of commissioners may make additional requirements or restrictions as it deems appropriate including, but not limited to, requirements relating to building setbacks, drainage, buffers, light pollution, noise pollution, architectural compatibility, or signage to minimize the adverse effects of the development on the neighborhood and general welfare of the city. As a condition of approval, the board of commissioners may require improvements to be installed or bonded in accordance with title 12 of this code. Approval of a site plan or PUD final development plan shall be documented by signatures of the chairman of the planning commission and the mayor.

   H.   Amendment: Any change, erasure, modification, revision, or deviation from an approved site plan or PUD final development plan shall be considered invalid and a violation of the provision of this section unless said change, erasure, modification, revision, or deviation shall have first been reviewed and approved according to the notice and procedural requirements set forth in this section for new site plan applications. (Ord. 6034, 1-9-2006)

   A.   Requirement: The uses identified as special uses in tables 11-6-2.1, 11-7-2.1, 11-8-2.1 and 11-9-2.1 for each zoning district are so classified because such uses are considered to be more intensive than, or may otherwise not be compatible with, certain uses permitted by right in the zoning district, but the nature of the special uses may make it desirable that they be allowed to locate therein where such special uses or nearby uses permitted by right are not adversely affected by one another. All uses classified as a special use in a zoning district are subject to the provisions of this section, which are established to determine those situations and conditions under which the use may be integrated with other land uses located in the district near a specific site in question.

   B.   Application: Consideration of approval of a special use permit for any special use is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter. The filing fee for special use permit application shall be established by the board of commissioners, no part of which is refundable. The application shall also be accompanied by a site plan drawn to an appropriate scale and containing at a minimum the following items of information:

      1.   Dimensions of the site, including easements and rights of way, and location with respect to streets and adjacent properties;

      2.   Dimension of buildings and location with respect to property boundaries;

      3.   Location and type of signs, fences, landscaping, outdoor light fixtures, drainage structures, and other existing or proposed outdoor features including, where the landscaping required for the proposed use falls into the requirements of subsection 11-14-3D of this title, a conceptual plan as required by this section;

      4.   Location, arrangement, dimensions, and paving material of off street parking and loading spaces, access drives, and pedestrian walkways;

      5.   Number of residential dwelling units, if any, per structure; and

      6.   Any other physical features or characteristics which may be unique to the property or particular use proposed.

   C.   Review: Upon compliance with all application requirements, special use permit site plans and specific aspects of proposed uses shall be reviewed by the city staff and the planning commission for compliance with this title, other relevant provisions of the city code, and the master plan. The effect of the proposed special use upon the character of the neighborhood, traffic conditions, public utilities, drainage, and other matters related to the general welfare may also be considered. The finding and recommendations of staff and the planning commission shall then be reported to the board of commissioners. The planning commission may recommend approval, conditional approval, or disapproval, or may continue consideration until a later date and request that the applicant provide additional information as may be necessary. Upon required notice being given, the board of commissioners shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the special use permit application and site plan, receive comments from interested parties, and receive the recommendations of staff and the planning commission.

   D.   Approval: The board of commissioners shall approve, approve conditionally, or disapprove the special use permit. In the case of any action other than approval, the board of commissioners shall state the reasons for its action. Special use permits may be granted for such period of time, and with such requirements or conditions as the board of commissioners deems appropriate. Approval of a special use permit shall be documented by the signature of the presiding officer of the board of commissioners, together with certification by the city clerk, on a permit form attached to the original application. Said form shall also contain a written description of any special requirements imposed as a condition of approval of the special use. The approved site plan shall always be considered a conditional part of the special use permit.

   E.   Amendment: Any deviation from the approved special use permit during the term of the use shall be considered invalid and a violation of the provisions of this section unless said deviation shall have first been submitted and approved according to the notice and procedural requirements set forth in this section for new special use permit applications.

   F.   Validity: No special use permit approved by the board of commissioners shall be valid for a period longer than one year from the date granted unless within such one year period a building permit is obtained for the erection or alteration of a structure, or an occupancy permit is obtained and the use commenced, as approved for the special use permit. Once an approved special use is commenced it shall be valid until such use of land or buildings is discontinued for a period of one year or more, or until the expiration of any time limit placed on the use by the board of commissioners as a condition of approval. A special use permit which expires due to the provisions of this subsection shall be considered invalid and such special use shall be prohibited until the special use is reviewed and approved according to the notice and procedural requirements set forth in this section for new special use permit applications. An approved special use permit shall be considered a map amendment and shall be filed of record in the county courthouse. (Ord. 5916, 8-9-1999)

   A.   Authority: The zoning district boundaries created under the authority of this title and shown on the official zoning map may be amended to change the zoning classification on one or more properties by the board of commissioners in accordance with the provisions of this section. Such amendment may be initiated by the board of commissioners on its own motion, upon the recommendation of the planning commission to the board of commissioners, or upon application by a property owner or authorized representative.

   B.   Application: Consideration of a request by a property owner, owners, or authorized representative for an amendment to the official zoning map is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter. The filing fee for map amendment applications shall be established by the board of commissioners, no part of which shall be refundable. Requests initiated by the planning commission or board of commissioners are exempt from the filing fee requirement.

   C.   Review: Upon compliance with all application requirements, or upon direction from the board of commissioners, the proposed change in zoning classification shall be reviewed by the city staff and the planning commission for compliance with this title, other relevant provisions of the city code, and the master plan. Other matters which may also be determined include the effect of development under the proposed classification on traffic conditions, utilities, and other public services, and whether every use that would be permitted on the property if it were reclassified would be compatible with uses permitted on other property in the immediate vicinity. The findings and recommendations of city staff and the planning commission shall then be reported to the board of commissioners. Upon required notice being given, including that required by subsection D of this section, the board of commissioners shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed zoning map amendment, receive comments from interested parties, and receive the recommendations of city staff and the planning commission.

   D.   Additional Notice: In addition to the notice requirements of subsection 11-17-2C of this chapter, a sign shall be posted on the subject property by city personnel twenty (20) days prior to the public hearing by the applicant. The sign and lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall state that a public hearing will be held by the planning commission and board of commissioners to consider rezoning the property, and shall contain a statement giving the address and phone number of the community development department where additional information is available concerning the requested zoning classification, and the date, time, and place of the public hearing.

   E.   Exemption From Notice: The notice requirements for posting a sign on the property and for notification by mail to property owners shall not apply to comprehensive redistricting of the city due to adoption of a new zoning map and text by the board of commissioners. All other public hearing and notice requirements of this chapter, however, shall remain applicable.

   F.   Protest: If a written protest against a proposed map amendment is filed in the office of the city clerk three (3) or more days before the time of said public hearing, which protest is signed by the owners of twenty percent (20%) or more of the area of lots included in the proposed change, or by the owners of fifty percent (50%) or more of the area within a three hundred foot (300') radius of the exterior boundary of the subject property, exclusive of public streets and alleys, then such amendment shall not become effective except by the favorable vote of at least four-fifths (4/5) of all the members of the board of commissioners. For purposes of protest calculations, all public property within a three hundred foot (300') radius of the property seeking a map amendment shall be split, with one-half (1/2) of the public property deemed to be protesting said map amendment and one-half (1/2) of the public property deemed to be acquiescing in said map amendment.

   G.   Approval: The Board of Commissioners shall approve or deny the request for a zoning map amendment. Approval shall be documented by corresponding changes in zoning district boundaries and designated on the official zoning map, and by passage and publication of an ordinance pursuant to the applicable provisions of the City Charter and this Code.

   H.   Reapplication: A request for a zoning map amendment for which a public hearing has been held by the Board of Commissioners and disapproved, or an application for such amendment which is withdrawn after it has been advertised for public hearing, shall not be reconsidered for the same property, or portion thereof, within six (6) months following such denial or withdrawal. This provision shall not be interpreted to prohibit the Board of Commissioners from initiating a change in the zoning classification for all or a portion of the same property on its own motion or on recommendation of the Planning Commission within said one year period of time. (Ord. 5916, 8-9-1999)

   A.   Authority: The regulations and provisions herein established as the text of the zoning ordinance may be amended by the Board of Commissioners in accordance with the provisions of this section. Such amendment may be initiated by the Board of Commissioners on its own motion, upon the recommendation of the Planning Commission to the Board of Commissioners, or upon submittal of a duly signed and acknowledged petition by the owners of fifty one percent (51%) or more of the land in an area requesting an amendment of the regulations prescribed for such area.

   B.   Application: Consideration of a request by property owners for an amendment to the zoning text is initiated by submittal of the appropriate completed application form. The filing fee for text amendment applications shall be set by the Board of Commissioners, no part of which shall be refundable. Requests initiated by the Planning Commission or Board of Commissioners are exempt from the filing fee requirement.

   C.   Review: Upon compliance with all application requirements, or upon direction from the Board of Commissioners, the proposed change in the text of the zoning ordinance shall be reviewed by the City staff and the Planning Commission as to consistency with the intent and purpose of this title and the master plan, and the nature of any changes in the zoning district or districts affected which make the proposed amendment necessary. The findings and recommendations of staff and the Planning Commission shall then be reported to the Board of Commissioners. Upon required notice being given, the Board of Commissioners shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed zoning text amendment, receive comments from interested parties, and receive the recommendations of City staff and the Planning Commission.

   D.   Approval: The Board of Commissioners shall approve or deny the proposed text amendment. Approval shall be documented by corresponding changes in the zoning text, and by passage and publication of an ordinance pursuant to the applicable provisions of the City Charter and this Code. (Ord. 5916, 8-9-1999)

   A.   Authority: Pursuant to the powers provided in this Code, the Board of Adjustment may grant special exceptions to the terms of this title for the following items, subject to appropriate conditions and safeguards in harmony with its general purpose and intent, and provided that all other provisions, regulations, and requirements of this Code shall be satisfied:

      1.   Ingress and egress to a contractor's office or equipment shed on a construction site must be from arterial or collector streets; except, however, the Board of Adjustment may approve, as a special exception, a location with access to a minor street upon finding that such location would result in less traffic on streets in residential areas (see subsection 11-5-3B2 of this title).

      2.   A contractor's office or equipment shed on a construction site may continue for a period not to exceed one year in the same location, unless extended as a special exception by the Board of Adjustment (see subsection 11-5-3B2 of this title).

      3.   Any real estate office for activities incidental to the marketing of properties in a subdivision in which the office is located may remain for two (2) years or until ninety percent (90%) of the properties therein have been sold, whichever is sooner, unless an extension of the period shall have been granted as a special exception by the Board of Adjustment (see subsection 11-5-3C2 of this title);

      4.   Conversion of existing residential structures to a nonresidential use other than administrative and professional offices, child daycare centers, low and moderate impact institutional, or indoor cultural uses, as described in subsections 11-4-2C1, C6, E5, E6, and E8 of this title, is prohibited in all nonresidential and nonagricultural districts except as may otherwise be determined, as a special exception, by the Board of Adjustment that such conversion would be in the best interests of preserving an architecturally significant or structurally sound building meeting all code requirements (see subsection 11-5-4B of this title).

      5.   The Board of Adjustment may reduce parking requirements as a special exception by the Board of Adjustment if it can be demonstrated that a collective parking facility can adequately serve two (2) or more uses while having fewer spaces than the total of the separate requirements for each use. A long term lease agreement or permanent parking covenant may be required to ensure that parking will be available to each use sharing the collective facility (see subsection 11-13-3A of this title). (Ord. 5916, 8-9-1999)

      6.   A manufactured home which complies and meets the structural requirements of the International Residential Code may be approved as a special exception, provided appropriate conditions and performance standards are imposed upon the applicant to ensure the home is compatible in value and quality with the neighborhood in which it is to be placed. (Ord. 5916, 8-9-1999; amd. Ord. 5951, 7-9-2001; Ord. 6071, 12-10-2007)

      7.   An accessory building or structure to be constructed on a lot or tract of land comprising an area of one acre or more may exceed the bulk standards of subsection 11-5-1D of this title, provided that such exception is not harmful to the general character, scale of improvements, or privacy of adjoining properties. (Ord. 6253, 5-14-2018)

   B.   Application: Consideration of a request by a property owner, owners, or authorized representative for a special exception is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter, except that the property ownership list may be limited to only the names and mailing addresses of owners of property immediately adjacent to the subject property. The filing fee for a special exception application shall be established by resolution of the Board of Commissioners, no part of which shall be refundable.

   C.   Review: Upon compliance with all application requirements, the requested special exception shall be reviewed by the City staff for compliance with the conditions listed herein, and shall be forwarded with findings and recommendations to the Board of Adjustment. Upon required notice being given, the Board of Adjustment shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed special exception, receive comments, testimony, and evidence from interested parties, and receive the recommendation of City staff. In determining whether or not the special exception should be granted, the Board of Adjustment shall consider, and record in the official minutes of the meeting, the extent to which the evidence demonstrates that:

      1.   The request is eligible according to the relevant requirements stipulated in subsection A of this section;

      2.   A hardship would result if the special exception is not granted;

      3.   The granting of the special exception will not adversely affect the rights of adjacent property owners or residents; and

      4.   The granting of the special exception will not cause substantial detriment to the public health, safety, convenience, or general welfare.

   D.   Approval: The Board of Adjustment shall approve or deny the special exception. Approval shall be documented by written findings of fact which support the conclusions listed in subsection C of this section, and the Board of Adjustment may prescribe additional conditions and safeguards in conformity with this title. 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 title and punishable as provided in subsection 11-17-1E of this chapter.

   E.   Appeal: The decision of the Board of Adjustment may be appealed by any person or persons to the District Court of Kay County as provided in this Code. (Ord. 5916, 8-9-1999)

   A.   Authority: There is hereby created in and for the City a Board of Adjustment.

   B.   Composition: The board of adjustment shall be composed of five (5) members.

   C.   Appointment Of Initial Members: The initial members appointed to the board of adjustment shall be appointed by the mayor and approved by the board of commissioners.

   D.   Appointment Of New Members; Terms: Members to be appointed to replace members of the board of adjustment whose terms have expired shall be appointed in the manner provided for appointments in section 62 of the city charter and each individual so appointed shall commence his/her term immediately upon his appointment and the term of office of the member whose position he/she takes shall terminate upon the appointment of his/her replacement.

   E.   Vacancies: Vacancies occurring in the membership of the board of adjustment shall be filled for the unexpired term.

   F.   Rules, Regulations: The board of adjustment shall adopt rules for the conduct of its meetings and business.

   G.   Meetings: The board of adjustment shall meet at the call of the chair and at such times as the board may determine. All meetings of the board shall be open to the public.

   H.   Oaths, Witnesses: The chair of the board of adjustment, or in his/her absence the acting chair, may administer oaths and compel the attendance of witnesses.

   I.   Minutes, Records: The board of adjustment shall keep minutes of its proceedings, show the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall become a public record.

   J.   Application: Consideration of a request by a property owner, owners, or authorized representative for a variance is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter, along with any other items of evidence which the applicant wishes to submit. The filing fee for a variance application shall be established by the board of commissioners, no part of which shall be refundable.

   K.   Review: Upon compliance with all application requirements, the requested variance shall be reviewed by the city staff for compliance with the conditions listed herein, and shall be forwarded with findings and recommendations to the board of adjustment. Upon required notice being given, the board of adjustment shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed variance, receive comments, testimony, and evidence from interested parties, and receive the recommendation of city staff.

   L.   Powers Generally: The board of adjustment shall have the following powers:

      1.   To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the code official, or administrative official, in the enforcement of the provisions of this title.

      2.   To hear and decide special exceptions to the terms of the zoning ordinance upon which such board is required to pass.

      3.   To authorize upon appeal in specified cases such variance from the terms of the zoning ordinance, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of such ordinance will result in unnecessary hardship and so that the spirit of such ordinances shall be observed and substantial justice done.

      4.   To hear and decide oil and/or gas applications or appeals unless prohibited throughout a municipality by municipal ordinance. The board of adjustment shall be required to make the findings prescribed by this code in order to grant a variance as to use with respect to any such application or appeal.

Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided in this title. 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 question, otherwise said variance or special exception shall be voidable on appeal to the district court. In exercising the above mentioned powers, the board of adjustment may, in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination from which appealed and may make such other order, requirement, decision or determination as ought to be made. (Ord. 5916, 8-9-1999)

The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the code official or administrative official or to decide in favor of the applicant in any matter upon which it is required to pass or to effect any variation in the regulations and restrictions provided for in the zoning ordinance. (Ord. 5966, 2-25-2002)

   M.   Variances: A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions as provided in this title, only upon a finding by the board of adjustment that:

      1.   The application of this title 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 ordinance or the comprehensive plan; and

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

   N.   Approval: The board of adjustment shall approve or deny the variance. Approval shall be documented by written findings of fact which support the conclusions listed in subsection M of this section, and the board of adjustment may prescribe additional conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable as provided in subsection 11-17-1E of this chapter. (Ord. 5916, 8-9-1999)

   A.   Appeals Authorized: Appeals from the action of the code official or administrative official to the board of adjustment may be taken by any person aggrieved or by any officer, department or board of the city affected by any decision of the official. Such appeal shall be taken within seven (7) days from the date of the decision of the official by filing with said official and with the board of adjustment a notice of appeal, specifying the ground thereof. The code official shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of such matter, involved in such appeal, together with a copy of the ruling or order from which said appeal is taken.

   B.   Reasonable Time For Hearing, Notice: The board of adjustment shall hold a public hearing and make a decision on said appeal within thirty (30) days from the filing deadline thereof. Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary to 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 (10) days prior to the hearing. 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 municipality;

      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.

On hearings involving minor variances or exceptions, the clerk of the board of adjustment shall give notice by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsections B1 through B3 of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variance or exceptions, subject to approval or amendment by the municipal governing body.

   C.   Proceedings Stayed: An appeal stays all proceedings in furtherance of the action appealed from unless the code official certifies to the board of adjustment, after the notice of the 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 board of adjustment or by a court of record on application or notice to the code official.

   D.   Appeal From Board Of Adjustment To District Court:

      1.   An appeal from any action, decision, ruling, judgment, or order of the board of adjustment may be taken to the district court by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the municipality, by filing with the city clerk within ten (10) days of board of adjustment decision, a notice of such appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, as herein provided, the said board shall forthwith transmit to the district court clerk, the original or a certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

      2.   The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

      3.   An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from unless the chair of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by the district court upon application or notice to the code official in charge of the enforcement of the terms and provisions of this title, and upon the cause being shown.

      4.   The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board has acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions. (Ord. 5916, 8-9-1999)

   E.   Fees: Any appeal from a decision of the planning commission to the board of adjustment shall be accompanied with a fee in such amount as established by resolution of the board of commissioners. (2003 Code)