There is hereby created a Zoning Board of Adjustment
consisting of five members, each to be appointed for a term of three
years and removable for cause by the City Council upon written charges
and after public hearings. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. It is specifically provided,
however, that on the effective date of this chapter, such Board of
Adjustment as was legally in existence immediately prior to such date
shall be constituted as the Board of Adjustment hereby created, and
the terms of the then members of said Board shall expire after a period
of three years, or continue until their successors are duly appointed
and qualified. Said Board of Adjustment shall be appointed by the
Mayor and confirmed by the City Council.
The Zoning Board of Adjustment shall elect one
of its members as Chairman. The Board shall adopt rules in accordance
with the provisions of this chapter and 11 O.S. §§ 44-101
through 44-110. Meetings of the Board 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 the attendance of witnesses. 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.
The Board shall keep the 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 Board
and shall be a public record.
[Amended 8-6-2002 by Ord. No. 2946; 5-10-2022 by Ord. No. 9302]
Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer of the municipality affected
by any administrative decision based on this chapter. Such appeal
shall be taken within 30 days of such decision by filing with the
Zoning Administrator and the Board of Adjustment an application for
an appeal stating the grounds for such appeal and by paying a filing
fee, as established by the City Council and set by resolution, with
the Office of Community Development at the time the appeal is filed.
An original certified mailing list of all surface property owners
located within a three-hundred-foot radius of subject properties shall
be attached to all variance applications. The Community Development
Director shall forthwith transmit to the Board the papers constituting
the record of the action from which the appeal is taken. 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 the 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 the court of record on application or notice to the officer
from whom the appeal is taken and on due cause shown.
The Zoning Board of Adjustment shall fix a reasonable
time for the hearing of the appeal or other matters referred to it,
and give public notice thereof. Any party may appear and be heard
in person or by agent or by attorney at said hearing.
A.
Notice of public hearing before the Board of Adjustment
shall be given by publication in a newspaper of general circulation
in the City of El Reno or by mailing written notice by the Clerk of
the Board of Adjustment to all owners of property within a three-hundred-foot
radius of the exterior boundary of the subject property. 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 10 days prior to the hearing. The notice, whether
by publication or mail, of a public hearing before the Board of Adjustment
shall contain:
B.
On hearings involving minor variances or exceptions,
notice shall be given by the Clerk of the Board of Adjustment by mailing
written notice to all owners of property adjacent to the subject property.
The notice shall be mailed at least 10 days prior to the hearing and
shall contain the facts as listed hereinabove. The Board of Adjustment
shall set forth in a statement of policy what constitutes minor variances
or exceptions, subject to approval or amendment by the municipal governing
body.
The Zoning Board of Adjustment shall establish
a fee for the hearing of appeals, which shall be sufficient to defray
the cost of publishing the notice of public hearing and any other
costs associated with the hearing. The appellant shall pay for such
fee upon filing the appeal.
The Zoning Board of Adjustment shall have the
following powers:
A.
Administrative review: to hear and decide appeals
where it is alleged there is an error in any order, requirement, decision,
or determination made by the Zoning Administrator, Building Inspector,
or other administrative officer in the enforcement of this chapter.
B.
To authorize upon appeal in specific cases such variances
from the terms of this chapter as will not be contrary to the public
interest where, owning to special conditions, a literal enforcement
of the provisions of this chapter will, in any individual case, result
in unnecessary hardship, so that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice
done. Such variances may be granted in such individual case of unnecessary
hardship upon a finding by the Board of Adjustment that:
(1)
There are extraordinary and exceptional conditions
pertaining to the particular piece of property in question because
of its size, shape, or topography.
(2)
The application of this chapter to this particular
piece of property would create an unnecessary hardship, not self-imposed
by the owner or developer.
(3)
Such conditions are peculiar only to the particular
piece of property involved.
(4)
Relief, if granted, would not cause substantial detriment
to the public good or impair the purposes and intent of this chapter
or the Comprehensive Plan; provided, however, that no variance may
be granted for a use of land or building or structure that is prohibited
by this chapter.
C.
To authorize, upon application, in specific cases
such special exception as hereinafter provided for, provided that
such exception, together with such conditions as may be imposed by
the Board of Adjustment, is determined to be consistent with purposes
and intent of the district within which the property is located; if
granted, would not tend to encourage further exceptions of a similar
nature in the neighborhood which, when taken together, would be inconsistent
with the purposes and intent of the district; and that the special
exception is necessary to render appropriate relief to the applicant
for a fair and reasonable use of his property.
(1)
Within the A-1 District, the Board of Adjustment may
permit not to exceed one auxiliary single-family structure on a lot
for the purpose of housing a relative of the owner when it can be
shown that such residence is necessary for the health, safety and/or
care of the parties involved.
(2)
Within the A-1 District, the Board of Adjustment may
permit, on a tract of not less than 10 acres, a home business employing
persons other than those of the immediate family, up to a maximum
of 10 persons, provided that the following provisions shall be met:
(a)
The business shall deal with fabricating or
manufacture for wholesale distribution off the premises of only those
items which can be manufactured or assembled within an entirely enclosed
structure.
(b)
Because of the semi-rural nature of the general
area of the application, the Board of Adjustment shall make a determination
that the proposed use is temporary in nature and that the location
is appropriate for the use requested.
(c)
The Board of Adjustment shall determine that
the property as it exists with improvements prior to the location
of the proposed use is adequate for said use. No new structures shall
be allowed to be constructed to make the use more permanent.
(d)
The owner shall live on the premises. If it
is determined that he fails to live on the premises, then the special
permit shall be terminated.
(e)
There shall be no outside storage of any material,
either new or used, assembled or partially assembled, or of any raw
material used in the manufacturing process.
(f)
Any other provision deemed appropriate by the
Board of Adjustment.
(g)
The granting of a special permit shall in no
way be considered a permanent determination of the future land use
pattern for this or adjacent properties.
(3)
Within the A-2 District, the Board of Adjustment may
permit the construction of residential structures without connecting
to public water supply, provided that it is determined that public
water supply is not available and/or will not become available within
a reasonable period; and that said approval would not endanger the
health, safety and protection of citizens in the area.
(4)
Within the R-1, R-2, and R-3 Districts, the Board
of Adjustment may permit a home beauty shop located in a dwelling,
provided that such shop is conducted within the main dwelling, and
is operated only by the inhabitants thereof and does not exceed one
operator. The use shall be conducted in such a way that it is clearly
incidental to the dwelling use and shall not change the character
thereof. No sign shall be permitted except one nonilluminated nameplate
not exceeding two square feet in area, attached to the main building.
In exercising the above-mentioned powers, the
Board of Adjustment may, in conformity with the provisions of this
chapter, reverse or affirm, wholly or partly, or 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 at least three members
of the Board of Adjustment shall be necessary to reverse any order,
requirement and decision or determination of any such administrative
officer, 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 such chapter.
