CHAPTER 12
BOARD OF ADJUSTMENT
1200 Establishment of the Board
1210 Powers of the Board
1220 Proceedings of the Board
1230 Notice of Public Hearing
1240 Fees
1250 Appeals from the Building Inspector
1260 Interpretation
1270 Variances
1280 Special Exceptions
1290 Appeals to the District Court
SECTION 1200 ESTABLISHMENT OF THE BOARD OF ADJUSTMENT
This is hereby established a Board of Adjustment of the City of
(1) failure to attend three consecutive regular or special meetings, or failure to attend two-thirds of the regular or special meetings held during any six-month period; (2) actions and conduct unbecoming to a public official of the City of Owasso, Oklahoma, and (3) repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Owasso.
The Board shall organize, elect its chairman, vice-chairman, and secretary, and adopt rules necessary to the conduct of its affairs.
SECTION 1210 POWERS OF THE BOARD
The Board of Adjustment shall have the power to:
1. Hear and decide appeals, if it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance;
2. Hear and decide special exceptions to the terms of the ordinance upon which the Board of Adjustment is required to pass subject to said ordinance;
3. Authorize in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided for herein. The minutes of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the District Court.
1210.1 Conflict of Interest
Any member of the Board who shall have an interest in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the Board, shall be disqualified from participating in the discussion, or proceeding of the Board in connection therewith.
SECTION 1220 PROCEEDINGS OF THE BOARD
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, 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. In all matters, the Board shall decide within 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 the following sections concerning the Board's exercise of a particular power.
SECTION 1230 NOTICE OF PUBLIC HEARING
The Board of Adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the Community Development Department, or before granting any Special Exception or Variance.
Ten (10) days notice of public hearing shall be given as follows for a Special Exception, Variance or Appeal from a determination of the Community Development Department:
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) feet radius of the exterior boundary of the subject property.
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 responsibility of giving proper and timely notice and paying all costs thereof shall be that of the applicant. 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 herein.
SECTION 1240 FEES
Application fees for a Variance or Special Exception shall be paid
to the City Clerk of the City of
SECTION 1250 APPEALS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT
1250.1 General
An appeal to the Board of Adjustment may be taken by any person aggrieved or by an 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 Community Development Department in the enforcement of this code.
1250.2 Notice of Appeal
An appeal shall be taken within ten days from the determination complained of by filing with the Community Development Department and with the Secretary of the Board a notice of appeal, specifying the grounds thereof. The Community Development Department, 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.
1250.3 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 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 members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Community Development Department.
1250.4 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.
SECTION 1260 INTERPRETATION
A. The Board shall interpret the text of this code or the Official Zoning Map upon an appeal from a determination of the Building Inspector after compliance with the procedural standards of Section 1350.
B. 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.
SECTION 1270 VARIANCES
1270.1 General
The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this code only upon a finding that the variance 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 vary any jurisdictional requirements such as notice.
1270.2 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 City Clerk in accordance with the rules established by the Board.
1270.3 Board of Adjustment Action
The Board shall hold the public hearing and, upon the concurring vote of three members, may grant a variance only upon a finding that:
1. The application of the ordinance to the particular piece of property would create an unnecessary hardship;
2. Such conditions are peculiar to the particular piece of property involved;
and,
3. 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.
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.
1270.4 Time Limitation 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.
SECTION 1280 SPECIAL EXCEPTIONS
1280.1 General
The Board of Adjustment, upon application, and after notice and public hearing subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:
A. Special Exception uses as designated and regulated within the permitted use provisions of the zoning districts.
B. The change of a nonconforming use as provided in Chapter 11, Nonconformities.
C. The restoration of a partially destroyed structure containing a nonconforming use as provided in 11, Nonconformities.
D. The restoration of a partially destroyed nonconforming structure as provided in 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.
1280.2 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 City Clerk in accordance with the rules established by the Board.
1280.3 Board of Adjustment Action
The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three 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 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.
1280.4 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, provided that the Board has not extended the time for utilization. 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.
SECTION 1290 APPEALS TO THE DISTRICT COURT
1290.1 Procedure
An appeal from any action, ruling, decision, judgment, 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 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 costs 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 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 nova in the District Court of Tulsa County, Oklahoma. An appeal shall be 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.
1290.2 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 facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the District Court.