Skiatook City Zoning Code

   A.   Board Established; Appointments: There is hereby established a board of adjustment of the city, with the powers and duties hereinafter set forth. The board of adjustment shall consist of five (5) members who shall be residents of the city, and appointments of said members shall be made by the city council.

   B.   Compensation; Terms; Vacancies: 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.

   C.   Removal Of Members: A board member, upon written charges and after public hearing, may be removed by the appointing city council for any one of the following causes:

      1.   Failure to attend three (3) consecutive regular or special meetings, or failure to attend two-thirds (2/3) of the regular or special meetings held during a six (6) month period;

      2.   Actions and conduct unbecoming to a public official of the city; and

      3.   Repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Skiatook. (1991 Code § 16-24-1400)

The board shall have the power to hear appeals from the determinations of the building inspector in enforcing this title, 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. (1991 Code § 16-24-1410)

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 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, showing the vote of each member upon each question, or if absent or failing to vote, indicating 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 city clerk and shall be public record. In all matters, the board shall decide within ninety (90) days after the filing of an application for relief. The quorum, notice, filing, and substantive requirements of the board shall be as set forth in this chapter concerning the board's exercise of a particular power. (1991 Code § 16-24-1420; amd. Ord. 2013-3, 2-12-2013)

   A.   Notice Required; Exception: The board of adjustment shall give fifteen (15) full days' public notice and conduct a public hearing before acting on any appeal from a determination of the building inspector or before granting any special exception or variance, except for a minor variance or special exception as the board has set forth in an adopted statement of policy constituting a minor variance or special exception, and which statement has been approved by the city council. Nothing herein shall preclude the board of adjustment in the particular instance from requiring the giving of notice of public hearing on a minor variance or special exception.

   B.   Manner Of Giving Notice: Whenever a notice of public hearing is required, the notice shall be given as follows:

      1.   By publication in a newspaper of general circulation; and

      2.   By mailing written notice to all owners of property, as listed on current tax rolls, within a three hundred foot (300') radius of the exterior boundaries of the subject property twenty (20) full days prior to the date of public hearing.

   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 and the nature of the relief sought.

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

   D.   Responsibility Of Applicant: The applicant shall be responsible for submitting a certified list of all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property, and shall be responsible for the accuracy thereof. Any action taken by the Board of Adjustment on an application at a public hearing shall become null and void if the applicant fails to comply with requirements set forth in this section. (1991 Code § 16-24-1430)

An application for an appeal from the building inspector, variance, or special exception shall be accompanied by the payment of a one hundred twenty five dollar ($125.00) application fee, plus the cost of mailing as required. In addition, the applicant will be required to pay all notice and publication expenses incurred prior to action by the Board of Adjustment. The City Council may amend the fees and expenses as set forth in this section by ordinance or resolution. (Ord. 2018-01, 4-24-2018, eff. 7-1-2018)

   A.   Right To Appeal Decision Of Building Inspector: An appeal to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected, where it is alleged there is error in any order, requirement, decision or determination of the building inspector in the enforcement of this title. (1991 Code § 16-24-1450)

   B.   Notice Of Appeal: An appeal shall be taken within ten (10) days from the determination complained of by filing with the building inspector and with the Secretary of the Board a notice of appeal, specifying the grounds therefor. The building inspector, 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 made upon the appeal and shall set the matter for public hearing.

   C.   Board Of Adjustment Action: The Board shall hold the public hearing. The Board may reverse or affirm, 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 made, 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. 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 making of said decision is necessary for the preservation of property or personal rights and shall so certify on the record. (1991 Code § 16-24-1450; amd. Ord. 2013-3, 2-12-2013)

   D.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the 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. (1991 Code § 16-24-1450)

   A.   Text And Zoning Map: The Board shall interpret the text of this title or the official zoning map upon an appeal from a determination of the building inspector after compliance with the procedural standards of section 11-15-6 of this chapter.

   B.   Zoning District Classification: 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. (1991 Code § 16-24-1460)

   A.   Authority To Grant Variances:

      1.   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 this title as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this title, 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 this title will result in unnecessary hardship.

      2.   The board shall not vary any jurisdictional requirement, such as notice, when it is required.

      3.   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 title that a change of the permitted principal uses shall be made by ordinance amendment of the zoning title or official zoning map. (1991 Code § 16-24-1470)

   B.   Application: A request for a variance shall be initiated by the filing of an application with the city clerk and shall set forth public hearing by the secretary in accordance with the rules established by the board. (1991 Code § 16-24-1470; amd. Ord. 2013-3, 2-12-2013)

   C.   Board Of Adjustment Action:

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

         a.   That by reason of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure, or building involved, the literal enforcement of the terms of this title would result in unnecessary hardship;

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

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

      2.   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.

   D.   Time Limitations On Variances: A variance which has not been utilized within one 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 or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. (1991 Code § 16-24-1470)

   A.   Granting Of Special Exceptions: 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 the following special exceptions:

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

      2.   The change of a nonconforming use as provided in subsection 11-13-3F of this title.

      3.   The restoration of a partially destroyed structure containing a nonconforming use as provided in subsection 11-13-3G of this title.

      4.   The restoration of a partially destroyed nonconforming structure as provided in section 11-13-6 of this title.

      5.   The modification of a screening requirement, as provided in section 11-2-14 of this title.

      6.   Off street parking use of property located within a residential district, when the property is abutting an office, commercial, or industrial district. (1991 Code § 16-24-1480)

   B.   Application For Special Exception: 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. (1991 Code § 16-24-1480; amd. Ord. 2013-3, 2-12-2013)

   C.   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 this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided, that the board in granting a 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.

   D.   Time Limitation On Special Exceptions: A special exception which has not been utilized within one year from the date of the order granting same 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. (1991 Code § 16-24-1480)

   A.   Procedure: An appeal from any action, ruling, decision, judgment, or order of the board of adjustment may be taken by any person aggrieved, or any taxpayer or officer, department, board, or bureau of the city to the district court, and 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. 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 papers 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 Tulsa County or Osage 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. Costs shall not 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. (1991 Code § 16-24-1490; amd. 2011 Code; Ord. 2013-3, 2-12-2013)

   B.   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 of appeal shall have been filed that by reasons of fact stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the district court. (1991 Code § 16-24-1490)