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A. Board Of Adjustment Authority: The board of adjustment, whose powers and duties are set forth in 11 Oklahoma Statutes and chapter 3 of this zoning code, shall have the power to modify or vary the minimum requirements herein set forth in specific instances where the strictest application of this zoning code would constitute an undue hardship and an unreasonable deprivation of the use of property as distinguished from the mere grant of a privilege; provided, however, that any modification or variation shall take into account the intended purpose of this plan to protect the public welfare and safety.
B. Right To Appeal: Any interested party may appeal any order, decision or determination made by the building director/code officer to the board of adjustment. Also refer to chapter 3 of this zoning code.
C. Notice Of Appeal: The party appealing shall file a written notice of appeal with the town clerk within ten (10) days after the order, decision or determination is made.
D. Records: The town clerk shall transmit to the board of adjustment the records relating to the order, decision or determination of a transcript thereof. (Ord. 1997-3-1, 3-10-1997)
E. Hearing And Notice Requirements: The board of adjustment shall fix the date, time and place of the public hearing and cause notice to be given by publication in a newspaper of general circulation in the town and by mailing notice to property owners within three hundred feet (300') of the property, inclusive of streets and alleys, involved at least ten (10) days before the hearing. (Ord. 1997-3-1, 3-10-1997; amd. 2006 Code)