A.   Membership; Term; Removal; Vacancies; Chairperson: There is hereby created within the city a board of adjustment, with the powers and duties as hereinafter set forth. The board of adjustment shall consist of five (5) members, each to be appointed for a term of three (3) years and removable for cause by the city commission, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of adjustment shall elect a chairperson from its membership each year.

   B.   Adoption Of Rules; Meetings: The board of adjustment shall adopt rules in accordance with the provisions of this chapter adopted by the city commission. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations and voting of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The city clerk shall serve as the clerk for the board of adjustment. (2001 Code § 154.080)

   A.   Generally: The board of adjustment shall have the power to hear and decide:

      1.   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 provisions of the zoning ordinance (this chapter);

      2.   Applications for special exceptions to this chapter 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 a potential adverse effect, but which 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, only where specifically authorized by subsection 154.082B of this chapter, and in accordance with the substantive and procedural standards of this chapter.

      3.   Applications for a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this chapter when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

   B.   Consideration By Board: Consideration by the board of adjustment of such an appeal or application shall be only upon an appeal by any person or entity aggrieved, or by any officer, department, board or bureau of the city affected by the decision of the city code enforcement officer, or the application for a variance by the owner of the property in question, joined therein by any tenant for which a variance would be of benefit. Applications must be properly completed and accompanied by the filing fee required by section 154.084 of this chapter.

   C.   Variances: Applications for variances may be granted or denied by the board of adjustment only after notice and hearing as provided in section 154.087 of this chapter. The record of the meeting shall show that each element of a variance if granted was established at the public hearing on the question.

   D.   Vote Necessary: The concurring vote of at least three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to this chapter or this section. (2001 Code § 154.081)

   A.   Appeals: When exercising its powers to hear and decide appeals and applications as provided for in subsection 154.081A1 of this chapter, the board of adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed and may make or deny applications, grant applications as requested or grant such applications with reasonable conditions and/or safeguards.

   B.   Exceptions: When exercising its powers to hear and decide applications for exceptions as provided in subsection 154.081A2 of this chapter, the board of adjustment may grant the exception requested in whole or in part, or upon conditions or for such period of time as the board deems necessary and reasonable; provided, that no exception shall be granted except in the following instance or instances:

      1.   Where the particular building, structure, land or statuary, or the use thereof, is nonconforming and subject to the provisions of sections 154.065 and 154.066 of this chapter, exceptions may be granted to any or all of the provisions, except the following provisions of subsection 154.065D of this chapter:

         a.   "If such a nonconforming use, or a portion thereof, is discontinued or changed to a conforming use, any future use of a building, structure or portion thereof shall be in conformity with the regulations of the district in which the building or structure is located".

         b.   "...a building or structure that is nonconforming as to use at the time of adoption of this chapter, or at any time thereafter, shall not be changed to a wholesale or retail liquor store unless such change in use conforms to the provisions of the district in which it is located".

      2.   No exceptions shall be granted unless the board specifically makes the findings set out in subsection D of this section.

   C.   Variances: When exercising its powers to hear and decide applications for variances as provided for in subsection 154.081A3 of this chapter, the board of adjustment may grant the variance requested in whole or in part, or upon the conditions, or for a period of time, as the board deems necessary and reasonable, but only upon findings by the board of adjustment as set out in subsection D of this section.

   D.   Findings Necessary For Granting Variances Or Exceptions: No variance or exception shall be granted by the board unless the board makes written findings that:

      1.   The structures involved are or will be in compliance with all building and fire code requirements; or, that a structure is and will remain historically and/or architecturally significant;

      2.   The literal application of this chapter to the particular piece of property would create an unnecessary hardship;

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

      4.   Relief, if granted, would not cause substantial detriment to the public good, or impair the overall purposes and intent of this chapter or the comprehensive plan; and

      5.   The relief, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

   E.   Penalty: Violations of any conditions and/or safeguards made a part of the terms under which the special exception or variance is granted shall be deemed a violation of this chapter and punishable as provided in section 154.999 of this chapter. (2001 Code § 154.082)

A variance from the terms of this chapter may be granted, as provided in this subchapter, only upon a finding by the board of adjustment or for variances consistent with 11 Oklahoma Statutes section 44-107, that:

   A.   The application of this chapter to the particular piece of property would create an unnecessary hardship;

   B.   The conditions are peculiar to the particular piece of property involved; and

   C.   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter or the comprehensive plan. (2001 Code § 154.083)

Any application to the board of adjustment, as authorized by this subchapter, shall be accompanied by a filing fee of one hundred dollars ($100.00), and the application shall not be accepted by or filed by the city clerk without the fee being paid by the applicant. (2001 Code § 154.084)

If the board of adjustment denies an application in whole or in part, the applicant may not reapply to the board of adjustment for the same or similar relief until after a six (6) month waiting period from the latest of the date of the original hearing, denial of rehearing or the rehearing. (2001 Code § 154.085)

   A.   Permitted; Notice: Upon motion setting forth new facts which could not, with reasonable diligence, have been produced or asserted in the original hearing, the board of adjustment, in its discretion, may grant a rehearing of an application. The applicant must mail notice of the rehearing to all persons who protested at the original hearing.

   B.   Time Limit: A motion for rehearing pursuant to this section shall be filed within fifteen (15) days of the date of the decision by the board of adjustment in the original hearing.

   C.   Fee Not Charged: No fee shall be charged for filing a motion for rehearing.

   D.   Denial: The board of adjustment shall deny a motion for rehearing upon a finding that:

      1.   The facts set forth are not new, or with reasonable diligence could have been presented at the original hearing; or

      2.   The motion was not filed within the fifteen (15) day time limit.

   E.   Hearing; Fee; Notice: In the event a rehearing is granted, the board shall set a date for the hearing. The applicant shall pay the fee required for original hearings and notice of the rehearing shall be given in the same manner as provided in section 154.087 of this chapter for applications. (2001 Code § 154.086)

   A.   Notice Requirements: 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 of 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.

   B.   Content Of Notice: 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. (2001 Code § 154.087)

Appeals from any action or decision of an administrative officer acting pursuant to any zoning ordinance shall be made to the board of adjustment in the following manner:

   A.   Permitted Appeals: Appeals from the action of any administrative officer 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 administrative officer;

   B.   Time Limit For Filing: An appeal shall be taken within thirty (30) days from the date of the grievance by filing with the officer from whom the appeal is taken and by filing with the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the city clerk certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken;

   C.   Stay Of Proceedings: 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, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment on due cause shown; and

   D.   Hearing; Notice: The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (2001 Code § 154.088)

   A.   Time Limit For Filing: 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 municipality to the district court for and within Woodward County by filing with the city clerk, within ten (10) days of the action, decision, ruling, judgment or order, a notice of appeal.

   B.   Papers, Documents Transmitted To Court: Upon filing the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.

   C.   Stay Of Proceedings: An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairperson of the board, 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 upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the chairperson of the board from which the appeal is taken, and upon due cause being shown. (2001 Code § 154.089)