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.
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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