The Board of Adjustment shall have the following powers:
(A) Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters;
(B) Special exception.
(1) To decide upon those applications for a special exception to use or develop property when the same is authorized under these regulations subject to Board approval. In reaching its decision, the Board shall not grant the application if it finds:
(a) That the use is not specifically permitted under the regulation;
(b) That the location of proposed activities and improvements are not clearly defined on the site plan filed by the applicant; or
(c) That the exception will not be wholly compatible with the use and permitted development of adjacent properties.
(2) An application for a special exception to use or develop property as specifically authorized in district use regulations or in this section, may be filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall be filed with the Board, and a copy thereof with the enforcing officer. Such 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.
(3) The Board of Adjustment shall hold one or more public hearings thereon in accordance with the requirements for notice and hearings. Any appeal or application may be withdrawn upon written notice to the enforcing officer but no appeal shall be withdrawn after posting of hearing notice and prior to Board action thereon without formal consent of the Board.
(C) Variances. To authorize upon appeal in specific cases such variances from the terms of this chapter, other than as to use, as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will, in any individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, 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) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;
(2) The application of this chapter to this particular 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; or
(4) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this zoning ordinance or the comprehensive plan; provided, however, that no variance may be granted for a use of land, or buildings or structure that is prohibited by this chapter.
(D) Extent of relief.
(1) In exercising the above-mentioned powers, the Board of Adjustment, in conformity with the provisions of 11 O.S. § 44-105, and the provisions of this chapter, may reverse or affirm, wholly or partly; or 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.
(2) Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the Board is authorized to pass under these regulations shall be construed as limitations on the power of the Board to act. Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced.
(a) Three votes required. The concurring vote of at least three members of the Board of Adjustment shall be necessary to reverse any order, requirement, and decision or determination of any such administrative officer, or to decide in favor of the applicant, or to decide any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.
1. A member shall disqualify himself or herself from voting whenever he or she has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board; and
2. A member may disqualify himself or herself from voting whenever any applicant, or his or her agent, has sought to influence the member’s vote on the appeal, other than in the public hearing.
(b) Approval of request.
1. In approving any request, the Board may designate such conditions in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
2. When necessary, the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with. Where any condition under which a request has been granted appears to have been violated, the Board may hold a public hearing thereon to determine whether or not the permit theretofore granted shall be terminated.
3. Upon approval of an application for special exception or of a variance appeal, the applicant shall apply for occupancy or construction permits within 30 days after the Board’s decision unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one emergency extension of 60 days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy or construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal.
(c) Denial of request. No appeal or application that has been denied shall be further considered by the board under a subsequent request obtained by filing new plans and obtaining of a new decision from the enforcing officer unless:
1. The new plans materially change the nature of the request; or
2. The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions.
(Prior Code, § 12-123) (Ord. passed 12-1-1971)