BOARD
OF ADJUSTMENT
1600. Establishment
of the Board
1601. Powers
of the Board
1602. Proceedings
of the Board
1603. Notice
of Public Hearing
1604. Fees
1605. Appeals
from an Administrative Official
1606. Interpretation
1607. Variances
1608. Special
Exception
1609. Appeals
to the District Court
SECTION 1600. ESTABLISHMENT OF THE BOARD OF
ADJUSTMENT
There is hereby established a Board of
Adjustment of the City of
SECTION 1601. POWERS OF THE BOARD
The Board shall have the power to hear
appeals from the determinations of an administrative official in enforcing this
Code, to grant variances, and to make interpretations of the zoning map and
text, in accordance with the substantive and procedural standards hereinafter
set forth.
SECTION 1602. PROCEEDINGS OF THE BOARD
Meetings shall be held at the call of the Chairman
and at such other times as the Board may determine. The Chairman, or in his
absence, the acting Chairman, may administer oaths and compel attendance of
witnesses. All meetings, deliberations, and voting of the Board shall be open
to the public. The Board 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 be immediately filed in the office of the
Board and shall be a public record. In all matters, the Board shall decide
within 90 days after the filing of an application for relief. The quorum,
notice, filing and substantive requirements of the Board shall be set forth in
the following sections concerning the Board's exercise of a particular power.
SECTION 1603. NOTICE OF PUBLIC HEARINGS
A. The Board of Adjustment shall give notice and
conduct a public hearing before acting on any appeal from an administrative official
enforcing this Code, or before granting any special exception, or variance, or
minor variance, or exception; or before determining if any spacing requirements
between uses have been met. The Board
shall set forth in an adopted statement of policy a list of variances and
exceptions which constitute minor variances or exceptions and such statement of
policy shall be approved by the City Council of the City of
B. Ten (10) days’ notice of public hearing shall be
given as follows:
1. For special exception,
variance or appeal from a determination an administrative official enforcing
this code, or for determining spacing requirements:
a. By publication in a newspaper
of general circulation; and
b. By mailing written notice to
all owners of property within a 300 foot radius of the exterior boundary of the
subject property; provided, written notice mailed to determine if spacing
requirements have been met for all uses included in Use Unit 1212a shall be
mailed to all owners of property within a radius of the exterior boundary of
the subject property equal to the spacing requirement established.
2. For minor variance or
exception by mailing written notice to all owners of abutting property of the
subject property. Nothing herein shall preclude the Board of Adjustment from
requiring the giving of public notice of hearings to all owners of property
within a three hundred (300) foot radius of the exterior boundary of the
subject property for consideration of a minor variance or exception.
3. For uses allowed by special
exceptions, ten (10) days' notice of public hearing by posting a sign or signs
on the property.
C. The notice shall contain:
1. The legal description of the
property and the street address or approximate location of the property.
2. The present zoning
classification of the property and the nature of the relief sought.
3. The date, time and place of
the hearing.
D. The applicant shall furnish the names and
mailing addresses of all owners of property:
1. Within
a three hundred (300) radius of the exterior boundary of the subject property;
or,
2. In
the case of a minor variance or exception, the owners of abutting property of
the subject property; or,
3. In
the case of determining if spacing requirements have been met for all uses
included within Use Unit 1212a, all the owners of property within a radius of
the exterior boundary of the subject property equal to the spacing requirement
established.
Costs of
publication shall be billed to the applicant.
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SECTION 1604. FEES
An application for an appeal from an
administrative official enforcing this Code, or any variance or special
exception shall be accompanied by the payment of a fee in accordance with the
schedule of fees adopted by resolution of City Council of the City of
SECTION 1605. APPEALS FROM AN
ADMINISTRATIVE OFFICIAL
A. General
An appeal to the Board of Adjustment may be
taken by any person aggrieved or by any officer, department, board or bureaus
of the city affected, where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in
the enforcement of this Code.
B. Notice of Appeal
An appeal shall be taken within 10 days from
the determination complained of by filing with the appropriate administrative
official and with the Clerk of the Board, a notice of appeal, specifying the
grounds thereof. The administrative official, upon receipt of notice, shall
forthwith transmit to the Clerk of the Board, certified copies of all the
papers constituting the record of said matter. Upon receipt of the record the
Clerk shall set the matter for public hearing.
C. Board of Adjustment Action
The Board shall hold the public hearing. The
Board may reverse or affirm, wholly or partly, or may 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. The
concurring vote of three members of the Board shall be necessary to reverse any
order, requirement, decision or determination of an administrative official
enforcing this Code.
D. Stay of Proceedings
An appeal stays all proceedings in
furtherance of the action appealed from, unless the administrative official
from whom the appeal is taken certifies to the Board of Adjustment, after the
notice of appeal shall have 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, proceedings shall not be stayed other than by a
restraining order granted by the Board on due and sufficient cause shown.
SECTION 1606. INTERPRETATION
A. The Board shall interpret the text of this Code
or the Official Zoning Map upon an appeal from a determination of an
administrative official after compliance with the procedural standards of
Section 1605.
B. Where a question arises as to the zoning
district classification of a particular use, the Board of Adjustment, upon
written request of an administrative official may find and determine the
classification of the use in question and may, prior to such determination,
order the giving of notice and hold a public hearing.
C. Any use established by this
code that is limited by a spacing requirement requiring it to be a minimum
distance from another use shall be reviewed by the Board of Adjustment at a
public hearing to determine if the spacing requirements have been met.
SECTION 1607. VARIANCES
A. General
The Board of Adjustment upon application,
and after hearing, and subject to the procedural and substantive standards
hereinafter set forth, may grant such variance from the terms of this Code as
will not cause substantial detriment to the public good or impair the spirit,
purposes and intent of this Code, or the Comprehensive Plan, where by reason of
exceptional narrowness, shallowness, shape, topography, or other extraordinary
or exceptional situation, condition, or circumstance peculiar to a particular property,
the literal enforcement of the Code will result in unnecessary hardship. The
Board shall not vary any jurisdictional requirement, such as notice. The Board
shall not permit by variance a principal use not otherwise permitted in the
applicable district, it being the expressed spirit and intent of this Code that
a change of the permitted principal use shall be made by ordinance amendment of
the Zoning Code or official Zoning Map.
B. Application
A request for a variance shall be initiated
by the filing of an application with the Board and shall be set for public
hearing by the Clerk in accordance with the rules established by the Board.
C. Board of Adjustment Action
The Board shall hold the hearing and upon the
concurring vote of three members may grant a variance after finding:
1. That by reason of
extraordinary or exceptional conditions or circumstances which are peculiar to
the land, structure or building involved, the literal enforcement of the terms of
the Code would result in unnecessary hardship.
2. That such extraordinary or
exceptional conditions or circumstances do not apply generally to other
property in the same use district.
3. That the variance to be
granted will not cause substantial detriment to the public good or impair the
purposes, spirit, and intent of the Code, or the Comprehensive Plan.
Provided that the
Board in granting a variance shall prescribe appropriate conditions and
safeguards, and may require such evidence and guarantee or bond as it may deem
necessary to enforce compliance with the conditions attached.
D. Time Limitation on Variances
A variance which has not been utilized
within three years from date of the order granting the variance shall thereafter
be void, provided that the Board has not extended the time for utilization. For
the purpose of this provision, utilization shall mean actual use or the
issuance of a building permit, when applicable, provided construction is
diligently carried to completion.
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SECTION 1608. SPECIAL EXCEPTION
A. General
The Board of Adjustment upon application and
after hearing subject to the procedural and substantive standards hereinafter
set forth, may grant the following special exceptions:
1. Special exception uses as
designated and regulated within the permitted principal or accessory use
provisions of the zoning districts;
2. Modification of restrictions
as provided within Section 208;
3. The change of a nonconforming
use as provided in Section 1402.F, Chapter 14, Nonconformities;
4. The restoration of a
partially destroyed structure, containing a nonconforming use as provided in
Section 1402.G, Chapter 14, Nonconformities;
5. The restoration of a
partially destroyed nonconforming structure as provided in Section 1405,
Chapter 14, Nonconformities;
6. The modification of a
screening requirement, as provided in Chapter 2, Section 212.C;
7. The modification of a
screening requirement, as provided in Chapter 12, Section 1228.E.3;
8. The modification of the
parking and loading requirements as provided in Section 1407.C, Chapter 14,
Nonconformities;
9. The modification of the
requirements and conditions of Section 1204.C regarding antennas and towers,
10. The modification of permitted
yard obstructions as provided in Chapter 2, Section 210.B.3;
11. Permit residential accessory
uses and structures on abutting residentially zoned lots which are under common
ownership,
12. The modification of the
requirements in Sections 1211.E, 1212.E, 1213.E, 1214.E, 1216.E and 1222.E.,
13. Reduction of the number of
required off-street parking spaces on a lot or may allow the required off-street
parking on a lot other than the lot which contains the adult business as
provided in Sections 1408 and 1409;
14. Reduction of the 300 foot
spacing requirement between a dance hall and a residential district as provided
in Section 1409;
15. The modification of front
yard requirements as provided in Chapter 4, Section 403.A.7;
16. Increases in the number of
days per year and the number of days within a 30 day period that special event
parking is permitted; and
17. Increase in height of a structure
as provided in Chapter 2, Section 208;
18. Permit required off-street parking
spaces to be located on a lot other than the lot containing the use.
19. Within an R district, detached
accessory carports or accessory carports not erected as an integral part of the
principal building occupying the front yard or any type of carport occupying a
portion of the required front yard, subject to the requirements of Section
210.B.10. When evaluating the requested special exception the Board shall
consider the following factors:
a.
The existence, location and design of other carports in the immediate vicinity
of the request;
b.
Any possible sight obstruction to motorists on or entering the abutting
neighborhood;
c.
The visual impact of the proposed carport on the streetscape of the
neighborhood;
d.
The uniqueness of the request and whether granting the special exception will
set a precedent for justifying other carports throughout the neighborhood; and
e.
The compatibility of the carport with the architectural style of the dwelling
and the predominant architectural style of the neighborhood.
B. Application
A request for a Special Exception shall be
initiated by the filing of an application with the Board, and shall be set for
public hearing by the Clerk in accordance with the rules established by the
Board.
C. Board of Adjustment Action
The Board of Adjustment shall hold the
hearing, and upon the concurring vote of three members may grant the special exception
after finding that the special exception will be in harmony with the spirit and
intent of the Code, and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. Provided that the Board in granting special
exception shall prescribe appropriate conditions and safeguards, may limit the
grant of the special exception to a specified period of time, and may require
such evidence and guarantee or bond as it may deem necessary to enforce
compliance with the conditions attached.
D. Time Limitation on Special Exceptions
A special exception which has not been
utilized within three years from date of the order granting same shall
thereafter be void, provided that the Board has not extended the time for
utilization. For the purposes of this provision, utilization shall mean actual
use or the issuance of a building permit, when applicable, provided
construction is diligently carried to completion.
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SECTION 1609. APPEALS TO THE DISTRICT COURT
A. Procedure
An appeal from any action, decision, ruling,
judgment, or order of the Board of Adjustment may be taken by any person or
persons aggrieved, or any taxpayer or any officer, department, board or bureau
of the City to the District Court by filing with the City Clerk and with the
Clerk of the Board within ten days from the date of such action, a notice of
appeal, which notice shall specify the grounds of such appeal. No bond or deposit
for costs shall be required for such appeal. Upon filing of the notice of
appeal, the Board shall forthwith transmit to the Court Clerk of the County,
the original or certified copies of all the papers constituting the record in
the case, together with the order, decision or ruling of the Board. Said case
shall be heard and tried de novo in the District Court of Tulsa County,
Oklahoma. An appeal shall be from the action of the District Court as in all
other civil actions. All issues in any proceedings under this Section shall
have preference over all other civil actions and proceedings. Costs shall not
be allowed against the Board unless it shall appear to the Court that it acted
with gross negligence or in bad faith, or with malice in making the decision
appealed from.
B. Stay of Proceedings
An appeal to the District Court stays all
proceedings in furtherance of the action appealed from unless the Chairman of
the Board certifies to the Court Clerk, after notice of appeal shall have been
filed, that by reason of facts stated in the certificate, a stay would cause
imminent peril of life or property. In such case, proceedings shall not be
stayed other than by a restraining order granted by the District Court.
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