A. A board of adjustment has been created to have and exercise the following powers: 1) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter; 2) to hear and decide special exceptions to the terms of this chapter upon which such board of adjustment under such regulations may be required to pass under this chapter; 3) to authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where 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; and 4) exceptions and/or variances may only be allowed by the board of adjustment only after notice and hearing as provided in 11 Oklahoma Statutes, 1991, section 44-108.
B. The board of adjustment shall consist of five (5) members appointed by the Poteau city council and each shall serve for a term of three (3) years until a successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two (2) for a term of two (2) years, and two (2) for a term of three (3) years. All appointments thereafter shall be for a term of three (3) years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
C. The board of adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter, applicable city ordinances, the Oklahoma open meetings act and the Oklahoma open records act. Meetings of the board of adjustment shall be public and held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be 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 such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the zoning administrator and on due cause shown.
D. The board of adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which properly comes before it under the provisions of this chapter.
E. The concurring vote of three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation to this chapter. (Ord. 652, 12-12-2005)