Loading...
(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)
It shall be a violation of this chapter for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or change the structural dimensions of any building or structure until a land use permit has been obtained under the following conditions.
(A) Whenever any structure or building is to be erected, moved or structurally altered, a land use permit shall be obtained from the town’s Clerk-Treasurer.
(B) The applicant for a land use permit may be required to furnish the following information:
(1) A plot plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities;
(2) A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate;
(3) The location of streets and alleys adjoining the property should be shown on the plot plan, including measurement from the center of the street/alley to the edge of the building or addition; and
(4) Additional information relating to the proposed improvement needed to determine compliance with these regulations.
(Prior Code, § 11-2-3) (Ord. 2007-1, passed 5-14-2007; Ord. 2009-10, passed 8-10-2009)
A variance from the terms of this chapter may be granted only upon finding by the Board of Adjustment that:
(A) The application of this chapter to the particular piece of property would create an unnecessary hardship;
(B) Such conditions are peculiar to the particular piece of property involved;
(C) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter; and
(D) The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
(Prior Code, § 11-2-4)
(A) To Board of Adjustment. Appeals from any action or decision of the Town Administrator acting pursuant to this chapter shall be made to the Board of Adjustment in the following manner.
(1) Authority to appeal. Appeals from the action of the Town Administrator to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the Town Administrator.
(2) Time for appeal; filing; records to Town Clerk-Treasurer.
(a) An appeal shall be taken within 30 days from the date of the grievance by filing with the officer from whom the appeal is taken and by filing with the Board of Adjustment a notice of appeal specifying the grounds therefor.
(b) The officer from whom the appeal is taken shall forthwith transmit to the town’s Clerk- Treasurer certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken.
(3) Stay of proceedings. 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 or her, that, by reason of facts stated in the certificate, a stay would, in his or her 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 on due cause shown.
(4) Hearing, notice and decision. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(B) From Board of Adjustment.
(1) Authority to appeal; time for filing. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the town to the County District Court by filing with the town’s Clerk-Treasurer, within ten days of such action, decision, ruling, judgment or order, a notice of appeal.
(2) Records to Court Clerk. Upon filing the notice of appeal, the Board of Adjustment shall forthwith transmit to the Court Clerk the original or certified copies of all papers constituting the record in the case, together with the order, decision or ruling of the Board of Adjustment.
(3) Stay of proceedings.
(a) An appeal to the district court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the chair of the Board certifies to the Court Clerk, after the notice of appeal has been filed, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(b) In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the District Court upon application or notice to the Town Administrator, and upon notice to the Chair of the Board, and upon due cause being shown.
(Prior Code, § 11-2-5)
(A) (1) Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the town and by mailing written notice by the Clerk of the Board of Adjustment to all owners of property within a 300-foot radius of the exterior boundary of the subject property.
(2) 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 days prior to the hearing.
(B) The notice, whether by publication or mail, of a public hearing before the Board of Adjustment shall contain:
(1) The legal description of the property and the street address or approximate location in the town;
(2) Present zoning classification of the property and the nature of the appeal, variance or exception requested; and
(3) Date, time and place of hearing.
(Prior Code, § 11-2-6)
Loading...