A.   Board Created; Terms; Removal: There is hereby created a zoning board of adjustment consisting of five (5) members, each to be appointed for a term of three (3) years and removable for cause by the appointing authority upon written charges and after public hearing.

   B.   Vacancies: Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

   C.   Continuation Of Existing Board: It is specifically provided, however, that on the effective date of this title such board of adjustment as was legally in existence immediately prior to such date shall be constituted as the board of adjustment hereby created, and the terms of the then members of said board shall expire after a period of three (3) years, or until their successors are duly appointed and qualified.

   D.   Appointment And Confirmation: Said board of adjustment shall be appointed by the mayor and confirmed by the city council. (Ord., 11-1-1983)

   A.   Chairman: The zoning board of adjustment shall elect one of its members as chairman, who shall serve for the duration of his term.

   B.   Rules: The board shall adopt rules in accordance with the provisions of this title.

   C.   Meetings: Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public.

   D.   Functions; Procedure: The chairman, or in his absence, the acting chairman, may administer oaths and compel 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 board and shall be a public record. (Ord., 11-1-1983)

   The board of adjustment shall have the power to hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance. Such appeal shall be taken within thirty (30) days of the alleged error by filing with the city clerk and the board of adjustment a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Ord., 11-1-1983; amd Ord. 3843, 6-18-2024)

The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give ten (10) days' public notice thereof in a newspaper of general circulation, as well as 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 of the subject property at least ten (10) days prior to the hearing, and decide the same within a reasonable time. The owner or agent shall provide a list of the owners within the three hundred foot (300') radius certified to be accurate by a bonded abstracter, attorney, or such other entity as may be acceptable to the clerk. The appeal, variance or exception shall be deemed not filed until said list is provided. Upon the hearing, any party may appear in person, or by agent, or by attorney. (Ord., 11-1-1983)

   A.   Powers Enumerated: The board of adjustment shall have the following powers:

      1.   Authorize in specific cases 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 so that the spirit of the ordinance shall be observed and substantial justice done. A variance from the terms, standards and criteria that pertain to an allowed use catefory within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions only upon a finding by the board of adjustment that:

         a.   The application of the ordinance to the particular piece pf property would create an unnecessary hardship;

         b.   Such conditions are peculiar to the particular piece of property involved;

         c.   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

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

       Except as otherwise provided by ordinance, hear and decide oil and/or gas applications or appeals.

      3.   Special Exceptions Regarding Uses; Mobile Homes: To hear and decide special exceptions to the zoning code to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment. Such special exceptions may be granted in such individual cases for the duration of the use of a particular approved owner occupied single-family mobile home, regardless of change of ownership, in the R-1 and A-1 districts so long as the mobile home continues to be occupied by its owner on a lot and in a manner which otherwise complies with the zoning code of the city, subject to the following procedures and provisions:

         a.   The applicant must make a written application for the special exception containing a legal description of the real property for which the special exception is sought (the property) and photographs of each side of the exterior of the particular mobile home for which the special exception is sought;

         b.   Notice must be mailed to the last address as reflected by the records of the Craig County treasurer, to all owners of real property whose boundary lies within three hundred feet (300') of the real property for which the special exception is sought at least ten (10) days in advance of the hearing on the said special exception; and

         c.   Publication of said application as required by section 10-2-4 of this chapter; and

         d.   The board of adjustment shall conduct a hearing on said special exception to allow the applicant an opportunity to present his or her request and to inquire as to any objections presented by the owners of the property within three hundred feet (300') of the real property for which the special exception is sought. In determining whether to grant the special exception, the board of adjustment may consider the comprehensive zoning plan of the city, the condition of the proposed mobile home, the potential effect to the neighborhood, the positions of the property owners within three hundred feet (300') and all other factors the board deems relevant. If the special exception as to such particular mobile home is granted, the mobile home must meet the minimum standards of the federal department of housing and urban development, as amended from time to time.

         e.   If the special exception is granted, the approved mobile home must be located upon the property within one hundred eighty (180) days from the date it is granted, in failure of which the special exception shall terminate and be of no effect without further notice.

         f.   In order to protect the public welfare and health of the residents of the city and to ensure the aesthetic values of the property and improvements thereon in the various areas of the city, the board of adjustment, after inspection of the physical condition of the mobile home for which a special exception has been granted, either in person or by photograph, and finding same to be in a different condition than the approved mobile home or deteriorated or in noticeable disrepair, may, in its discretion, refuse to issue a building permit to locate or place such mobile home on the property. (Ord. 3454, 12-15-2009)

   B.   Voting Of Members: In exercising the above powers, the board of adjustment shall have the concurring vote of at least three (3) of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and may make such order, requirement, decision, or determination as ought to be made. (Ord., 11-1-1983)

   C.   Filing Fee: Upon the filing of a board of adjustment appeal, variance or exception, the property owner or his agent shall pay a filing fee of three hundred dollars ($300.00) to the clerk of the board of adjustment. All fees collected by the board of adjustment shall be deposited with the city clerk and credited to the general fund of the city. Provided, that in appeals involving administrative review, the filing fee shall be waived by the clerk in the event he determines, after review of a completed pauper's affidavit, in the form attached to ordinance 2747 on file in the office of the city clerk, that the applicant would not otherwise be able to obtain review of said administrative decision. Provided further, that in appeals involving administrative review, the filing fee shall be refunded in the event of a final determination rendered in favor of the applicant. A "final determination" shall be defined as a decision of the board of adjustment or the courts of the state of Oklahoma, as the case may be, from which no further appeal has been taken within the time allowed by statute.

(Ord. 2747, 9-20-1988; amd. 3843, 6-18-2024)

   A.   Filing Notice Of Appeal:

      1.   An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the city to the district court by filing a notice of appeal with the city clerk and with the clerk of the board of adjustment within sixty (60) days from the filing of the decision of the board, which notice shall specify the grounds of such appeal.

      2.   Upon filing of the notice of appeal as herein provided, the said board shall transmit forthwith to the court clerk of the county 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.   Stay Of Proceedings:

      1.   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, certified to the court clerk, after the notice of appeal shall have been filed, that by reason of the facts stated in the certificate a stay in his opinion would cause imminent peril to life or property.

      2.   In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district 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.

   C.   Court Decision: The court may reverse, or affirm, wholly or partly, or modify the decision brought up for review. (Ord., 11-1-1983)