There is hereby created a zoning board of adjustment consisting of five members, citizens of the city, each to be appointed by the mayor and confirmed by the city council for a term of three years. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose term becomes vacant. For the first appointments under the provisions of this article, however, one member shall be appointed for a term of one year; two members shall be appointed for a term of two years; and two members shall be appointed for a term of three years. All appointments thereafter shall be for a term of three years. The board shall elect a chairman from its membership to serve for a term of two years. Whenever a member of the board of adjustment is absent from more than one-half of all meetings of the board of adjustment, regular and special, held within any period of four consecutive months, the member shall thereupon cease to hold office.

(Prior Code, § 45-7.1, 45-7.2; Code 1983, § 12-121; Ord. No. 215-A, 8-9-1984; Ord. No. 301-A, 11-8-1990; Ord. of 11-4-2019(1) , § 1)

State Law reference— Creation and powers of board of adjustment, 11 O.S. §§ 44-101—44-110.

The board shall adopt rules in accordance with the provisions of this article. Meetings of the board 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 require the attendance of witnesses by subpoena. The board shall keep the 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 a public record. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under any such ordinance or code, or to affect any variation in such ordinance or code.

(Prior Code, § 45-7.3; Code 1983, § 12-122; Ord. No. 301-A, 11-8-1990)

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector. Such appeal shall be taken within 30 days after the decision by filing with the officer from whom the appeal is taken and with the city clerk notice of appeal specifying the grounds therefor, and by paying a filing fee as provided in the city fee schedule at the office of the city clerk at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has 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 otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on the cause shown.

(c)

The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Prior Code, § 45-7.4; Code 1983, § 12-123; Ord. No. 200-A, 4-12-1984; Ord. No. 301-A, 11-8-1990)

The board of adjustment shall have the powers to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of the zoning regulations set forth in section 44-1 et seq.

(Prior Code, § 45-7.5; Code 1983, § 12-124; Ord. No. 301-A, 11-8-1990)

The board of adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of the zoning regulations in section 44-1 et seq. as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations, will in any individual case, result in unnecessary hardship, so that the spirit of the zoning regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustment that:

(1)

At the time of the original adoption of the regulations there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, or other extraordinary or exceptional situation or condition of a specific piece of property;

(2)

The strict application of the zoning regulations to this particular and exceptional piece of property would create an unnecessary hardship, not self-imposed by the owner or developer;

(3)

Such conditions are peculiar only to the particular piece of property involved and not generally prevalent in the area; and

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning regulations, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the zoning regulations set forth in section 44-1 et seq.

Provided further that no relief shall be granted if it results in the location of a free-standing manufactured home outside of a manufactured home park or a R-5 zoning district.

(Prior Code, § 45-7.5; Code 1983, § 12-125; Ord. No. 301-A, 11-8-1990)

The board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under this chapter. Upon appeal, the board is empowered to permit the following exceptions:

(1)

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record;

(2)

To interpret the provisions of this article where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the office of the city clerk;

(3)

To grant exceptions to the off-street parking requirements set forth in section 44-1 et seq. when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and that the proposed use will not create undue traffic congestion in the adjacent streets; and

(4)

To review the uses listed in the specific district regulations as "Uses Permitted on Review." These are so classified because they are more intensely dominant in the area in which they are located than other uses permitted in the district; however, the nature of such uses may make it desirable that they be permitted to locate therein.

(Prior Code, § 45-7.5; Code 1983, § 12-126; Ord. No. 301-A, 11-8-1990)

The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district, pursuant to the board's powers granted in the preceding section. These uses shall be reviewed and authorized or rejected under the following procedures:

(1)

An application shall be filed with the board of adjustment for review. The application shall show the location and intended use of the site, the names of all the property owners and existing land uses within 300 feet, and any other material pertinent to the request which the board of adjustment may require, all as required by applicable state law;

(2)

The board of adjustment shall hold one or more public hearings. Notice shall be published and mailed to property owners at least ten days before the hearing as required by applicable state law; and

(3)

The board of adjustment within 45 days of the date of application, shall study the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and authorize or deny the issuance of a permit for the use of land or buildings as requested.

(Prior Code, § 45-7.5; Code 1983, § 12-127; Ord. No. 301-A, 11-8-1990)

The board may also permit the exceptions for a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of the zoning regulations to the individual buildings in such housing project. The application of the zoning requirements to such housing project may be changed, in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher than allowed, and a standard of open space at least as high as required by the zoning regulations in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirement of the district in which the housing project is to be located.

(Prior Code, § 45.7.5; Code 1983, § 12-128; Ord. No. 301-A, 11-8-1990)

In exercising its powers, the board may, in conformance with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions 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. In considering all appeals from rulings made under this chapter, the board shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion of the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals, and general welfare of the people of the city. Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the board, and shall specify the reason for granting or denying the appeal.

(Prior Code, § 45.7.5; Code 1983, § 12-129; Ord. No. 301-A, 11-8-1990)

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the board of adjustment within ten days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the board shall transmit to the court clerk the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.

(b)

An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman of the board of adjustment from which the appeal is taken certifies to the court clerk, after the notice of appeal has 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 district court or superior court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this title, and upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(Prior Code, § 45-7.6; Code 1983, § 12-130; Ord. No. 301-A, 11-8-1990)