Okla. Stat. tit. 11, § 11-44-104

This is the official text of Okla. Stat. tit. 11, § 11-44-104, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.

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Official statutory text

The board of adjustment shall have the power to:

1. hear and decide appeals if it is alleged there is error in

any order, requirement, decision, or determination made by an

administrative official in the enforcement of any zoning ordinance;

2. hear and decide special exceptions to the zoning ordinance

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 the zoning ordinance, and in

accordance with the substantive and procedural standards of the

zoning ordinance;

3. 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 the zoning ordinance 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 the ordinance will result in unnecessary hardship and so that the

spirit of the ordinance 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 paragraph 4 of this

section;

4. hear and decide oil and/or gas applications or appeals

unless prohibited throughout a municipality by municipal ordinance.

The board of adjustment shall be required to make the findings

prescribed by Section 44-107 of this title in order to grant a

variance as to use with respect to any such application or appeal.

Exceptions and/or variances may be allowed by the board of

adjustment only after notice and hearing as provided in Section 44-

Oklahoma Statutes - Title 11. Cities and Towns Page 487

108 of this title. 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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.