A. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal or other matters referred to it.
B. Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the City and by mailing written notice by the Clerk of the Board of Adjustment to all owners of property within a three hundred (300) foot radius of the exterior boundary of the subject property, error in any order, requirement, decision, 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.
C. The notice, whether by publication or mail, of a public hearing before the Board of Adjustment shall contain:
1. A legal description of the property and the street address or approximate location in the City;
2. The present zoning classification of the property and the nature of the appeal, variance or exception requested; and
3. The date, time, and place of the hearing.
D. 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 or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
(Code 1991, § 12-123)
State Law reference- Similar provisions, 11 O.S. §§ 44-108, 44-109.