There is hereby established a Board of Adjustment of the City of Sapulpa, Oklahoma, with the power sand duties hereinafter set forth, the Board of Adjustment shall consist of five (5) members who shall be residents of the City of Sapulpa, Oklahoma, each appointed by the mayor and confirmed by the City Commission of Sapulpa, Oklahoma. At least two (2) of these members shall be appointed from the membership of the Planning Commission. Each member shall serve without pay for a term of three (3) years and 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 upon witted charges and after public hearing may be removed by the appointing council for any one (1) of the following causes:

A.

Failure to attend three (3) consecutive regular or special meetings, or failure to attend two-thirds (⅔) of the regular or special meetings held during a six (6) month period;

B.

Actions and conduct unbecoming to a public official of the City of Sapulpa, Oklahoma; and

C.

Repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Sapulpa.

The Board shall organize, elect its chairman, vice-chairman, and secretary, and adopt rules necessary to conduct of its affairs.

The Board shall have the power to hear appeals from the determinations made by an administrative official in enforcing the Code, to grant special exceptions, to grant variances, and to make interpretations of the zoning map and text, in accordance with the substantive and procedural standards hereinafter set forth except as otherwise provided herein.

Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the vice-chairman, or acting chairman 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, vote, indication such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. In all matters, the Board shall decide within ninety (90) days after the filing of any application for relief. The quorum, notice, filing and substantive requirements of the Board shall be as set forth in the following sections concerning the Board's exercise of particular power.

The Board of Adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the building inspector, Sapulpa Preservation Commission or Code Enforcement Supervisor or before granting any special exception, or variance or exception.

Ten (10) days' notice of public hearing shall be given as follows:

A.

For special exception, variance or appeal from a determination of an administrative official.

1.

By publication in a newspaper of general circulation; and

2.

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

B.

For minor variance or exception by mailing written notice to all owners of abutting property of the subject property. Nothing herein shall preclude the Board of Adjustment from requiring the giving of public notice of hearings to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property for consideration of a minor variance or exception.

The notice shall contain:

A.

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

B.

The present zoning classification of the property and the nature of the relief sought.

C.

The date, time and place of the hearing.

The applicant shall furnish a certified list, prepared by an abstract company with the names and addresses of all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property, of in the case of a minor variance or exception, the owners of abutting property of the subject property.

1340.1.

General. An appeal to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureaus of the City affected, where it is alleged there is error in any order, requirement, decision or determination of the building inspector, Sapulpa Preservation Commission or code enforcement supervisor in the enforcement of the Code.

1340.2.

Notice of appeal. An appeal shall be taken within ten (10) days from the determination complained of by filing with the building inspector, City Planner, code enforcement supervisor or Sapulpa Preservation Commission and with the Secretary of the Board a notice of appeal, specifying the grounds thereof. The building inspector, code enforcement supervisor or Sapulpa Preservation Commission upon receipt of notice, shall transmit to the Secretary of the Board and the City Clerk certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the Secretary shall cause an investigation to be make upon the appeal and shall set the matter for public hearing.

1340.3.

Board of Adjustment Action. The Board shall hold the public hearing. The Board may reverse or affirm, or wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be make, and to that end shall have all the powers of the officer from whom the appeal is taken. The Board shall make its decision within thirty (30) days after the final hearing, and the decision shall be in writing and filed of record in the office of the City Clerk.

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector, City Planner, Sapulpa Preservation Commission and Code Enforcement Supervisor. A decision of the Board shall not become final until the expiration of fifteen (15) days from the date such decision is made, unless the Board shall find the immediate taking of said decision is necessary for the preservation of property or personal rights and shall so certify on the record.

1340.4.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless that building inspector 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 or by the Court of proper jurisdiction on due and sufficient cause shown.

The Board shall interpret the text of the Code or the official zoning map upon an appeal from a determination of the building inspector after compliance with the procedural standards of Section 1340.

Where a question arises as to the zoning district classification of a particular use, the Board of Adjustment, upon written request of the building inspector, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing.

1360.1.

General. The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such variance from the terms of the Code as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this 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, the literal enforcement of the Code will result in unnecessary hardship. 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 the Coded that a change of the permitted principal uses shall be made by ordinance amendment of the Zoning Code or Official Zoning Map.

1360.2.

Application. A request for a variance shall be initiated by the filing of an application with the City Clerk and shall be set for public hearing by the Secretary in accordance with the rules established by the Board.

1360.3.

Board of Adjustment action. The Board shall hold the public hearing and, upon the concurring vote of three (3) members, may grant a variance after finding:

That by reasons of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure, or building involved, the literal enforcement of the terms of the Code would result in unnecessary hardship.

That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same use district.

That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit and intent of the Code, or the comprehensive plan.

Provided that the Board is 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.

1360.4.

Time limitation on variances. A variance which has not been utilized within one (1) year from the date of the order granting the variance shall thereafter be void. For the purpose of this provision, utilization shall mean actual use of the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

1370.1.

General. The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:

A.

Special exception uses are designated and regulated within the permitted use provisions of the zoning districts.

B.

The change of a nonconforming use as provided in Section 1120.F, Chapter 11, Nonconformities.

C.

The restoration of a partially destroyed structure containing a nonconforming use as provided in Section 1120.G, Chapter 11, Nonconformities.

D.

The restoration of a partially destroyed nonconforming structure as provided in Section 1150, Chapter 11, Nonconformities.

E.

The modification of a screening requirement, as provided in Section 250, Chapter 2, District Provisions: General.

F.

Off-street parking use of property located within a residential district, when the property is abutting an office, commercial or industrial district.

1370.2.

Application. A request for a special exception shall be initiated by the filing of an application with the City Clerk and shall be set for public hearing by the Secretary in accordance with the rules established by the Board.

1370.3.

Board of Adjustment action. The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three (3) members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board in granting the special exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached.

1370.4.

Time limitation on special exceptions. A special exception which has not been utilized within one (1) year from the date of the order granting same shall thereafter be void. For the purpose of this provision, utilization shall mean actual use of the issuance of a building permit, when applicable, provided construction is diligently carried to completion.

1380.1.

Procedure. An appeal from any action, ruling, decision, judgement, or order of the Board of Adjustment may be taken by any person or persons aggrieved, or any taxpayer or officer, department, board, or bureau of the city to the District Court, by filing with the City Clerk and with the Secretary of the Board within ten (10) days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for cost shall be required for such appeal. Upon filing of the notice of appeal, the City Clerk shall transmit to the Court Clerk of the County the original or certified copies of all the paper constituting, the record in the case, together with the order decision, or ruling of the Board. Said case shall be heard and tried de novo in the District Court of Creek County, Oklahoma. An appeal shall lie from the action of the District Court as in all other civil actions. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. Neither costs nor attorney fees shall be allowed against the Board unless it shall appear to the Court that it acted with gross negligence or in bad faith, or with malice in making the decision being appealed.

1380.2.

Stay of proceedings. An appeal to the District Court stays all proceedings in furtherance of the action appealed unless the chairman of the Board certifies to the Court Clerk, after notice shall have been filed, that by reasons of fact stated in the certificate, a stay would cause imminent peril to life of property. In such case proceedings shall not be stayed other than by a restarting order granted by the District Court.