(A) Created. There is hereby created within the town a Board of Adjustment with the powers and duties, as hereinafter set forth.
(B) Composition; appointment; term; removals. The Board of Adjustment shall consist of five members, each to be appointed for a term of three years and removable for cause by the town’s Board of Trustees upon written charges and after public hearing.
(C) Vacancies. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
(D) Organization.
(1) Officers.
(a) Chair. The Board of Adjustment shall elect a chair from its membership each year.
(b) Clerk. The town’s Clerk-Treasurer shall serve as the Clerk of the Board of Adjustment.
(2) Rules. The Board of Adjustment shall adopt rules in accordance with the provisions of this chapter.
(3) Meetings.
(a) Meetings of the Board of Adjustment shall be held at the call of the Chair and at such other times as the Board of Adjustment may determine.
(b) The Chair or, in his or her absence, the Acting Chair may administer oaths and compel the attendance of witnesses.
(c) The Board of Adjustment shall be subject to the open meeting laws of the state, and all meetings, deliberations and voting of the Board shall be open to the public.
(4) Minutes and records. 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 all official actions, all of which shall be immediately filed in the office of the town’s Clerk-Treasurer and shall be public record.
(E) Powers.
(1) The Board of Adjustment shall have the power to:
(a) Hear and decide appeals if it is alleged there is error in any order, requirement, decision or determination made by the Town Administrator in the enforcement of this chapter;
(b) Hear and decide special exceptions to this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which, if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of this chapter;
(c) Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this chapter when such cases are shown not to be contrary to the public interest if, 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; provided, however, the Board shall have no power to authorize variances as to use except as provided by division (E)(1)(d) below; and
(d) Hear and decide oil and/or gas applications or appeals unless prohibited throughout the town by ordinance. The Board of Adjustment shall be required to make the findings prescribed by § 154.48 of this chapter in order to grant a variance as to use with respect to any such application or appeal.
(2) Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided in § 154.50 of this chapter and 11 O.S. § 44-108. The record 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.
(F) Extent of relief.
(1) In exercising the powers of the Board of Adjustment, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination from which appealed 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) 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 the Town Administrator, 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.
(Prior Code, § 11-2-2)