[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §170; amended 9-19-2023 by Ord. No. 55]
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 board of trustees, upon written charges and after public hearing, all as set forth in Title 11 O.S. §44-101 et seq. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §171; amended 9-19-2023 by Ord. No. 55]
The board of adjustment shall adopt rules if they so desire. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment 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 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 clerk and shall be public record.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §172; amended 9-19-2023 by Ord. No. 55]
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 an administrative official in the enforcement of the zoning ordinance.
B. 
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.
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 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 this section.
D. 
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 Tit. 11 O.S. §44-107 in order to grant a variance as to use with respect to any such application or appeal.
E. 
Exceptions and/or variances may be allowed by the board of adjustment only after notice and hearing as provided by this article. 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.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 11-20-2018, Ord. No. 55 §173; amended 9-19-2023 by Ord. No. 55]
A. 
When exercising its powers as stated in § 13-189, the board of adjustment, in conformity with the provisions of the zoning ordinance, may reverse or affirm, in whole or in part, 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.
B. 
The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination being appealed from, to decide in favor of the applicant, or to decide any matter which may properly come before it pursuant to the zoning ordinance and the powers of the board as set forth in this article.
C. 
The Board of Adjustment shall consider providing reasonable accommodations to all parties with disabilities using any home or business that is located within the town in accordance with all state and federal laws, including the Fair Housing Act.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §174; amended 9-19-2023 by Ord. No. 55]
To apply for a variance, the following procedure shall be followed:
A. 
An application shall be made in writing within 30 days after the decision of the administrative official, containing the applicant’s name, address, telephone number, current zoning classification for the property and the reason for the requested hearing.
B. 
The applicant shall provide all other necessary and pertinent information that is requested by the board of adjustment for the review at least 10 days prior to the hearing regarding the same, or else the written information may not be considered by the board.
C. 
The fee for filing such application shall include the notice and publication costs of such application, the review costs incurred by municipal personnel, and other administrative costs; and shall be set pursuant to resolution.
D. 
The town clerk shall notify the board of adjustment and cause said application to be placed on the agenda for the next scheduled meeting of the board of adjustment for which adequate legal notice can be given.
E. 
Applications for variances heard and decided by the board of adjustment will not be set for hearing again within six months from the date of decision, and then only where the applicant can show a material change in the surroundings or where new evidence which might affect the decision can be produced, and then only upon a new application and paying the required application fee as set forth by resolution. Motions for re-hearings will not be entertained.
F. 
The town clerk shall publish and provide notice as set forth in Title 11 O.S. §44-108, et seq.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §175; amended 9-19-2023 by Ord. No. 55]
A. 
The town board of trustees may authorize the board of adjustment to make special exceptions to specific uses allowed within each zoning category according to § 13-101 et seq. in appropriate cases, on a case by case basis, and subject to appropriate conditions and safeguards, in harmony with its general purpose and intent, and only in accordance with general or specific provisions contained in the zoning ordinance.
B. 
The special exceptions adopted by the board of trustees are as follows:
1. 
It is the intent of the board of trustees to not penalize citizens from leaving property which does not meet the acreage standards to their relatives. Relatives shall be defined as a person related by consanguinity (blood) or affinity (marriage) within the third degree.
2. 
It is the intent of the board of trustees to allow exceptions for temporary situations where relatives reside on the same property for health or financial considerations. In such event, a temporary time frame shall be established.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §176; amended 9-19-2023 by Ord. No. 55]
A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district, as authorized by § 13-101 et seq., may be granted, in whole, in part, or upon reasonable conditions as provided in this Article, only upon a finding by the board of adjustment that:
A. 
The application of the zoning ordinance 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 the zoning ordinance or the comprehensive plan.
D. 
The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §177; amended 9-19-2023 by Ord. No. 55]
A. 
The lawful non-conforming use of a building, structure or premises as such existed at the time of the adoption and recording of any zoning-related ordinance affecting it, may be continued, although such use does not conform with the provision of such ordinance all as set forth in § 13-115.
B. 
Regulations and restrictions affecting the termination of non-conforming uses as authorized by this section may be adopted or amended by the Town of Slaughterville only after notice and hearing as set forth in Tit. 11 O.S.§§43-104-105.
C. 
Nothing in this section shall be construed to permit or authorize the Town of Slaughterville to terminate lawful non-conforming uses consisting of oil and/or gas activity.
D. 
Nothing in this section shall be construed to permit or authorize the Town of Slaughterville to terminate a lawfully erected non-conforming sign unless such sign is altered in a manner that increases the degree of non-conformity or is abandoned for a period of more than two years.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §178; amended 9-19-2023 by Ord. No. 55]
A. 
Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located 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. 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.
B. 
The notice, whether by publication or mail, of a public hearing before the board of adjustment, shall contain:
1. 
Legal description of the property and the street address or approximate location in the municipality;
2. 
Present zoning classification of the property and the nature of the appeal, variance or special exception requested; and
3. 
Date, time and place of the public hearing.
C. 
On hearings involving minor variances or special exceptions, notice shall be given by the town clerk 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 listed in this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or special exceptions, subject to approval or amendment by the town board of trustees.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 11-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017, Ord. No. 55 §179; amended 9-19-2023 by Ord. No. 55]
The town board of trustees hereby provides for the procedure for appeals from any action or decision of an administrative officer acting pursuant to § 13-101 et seq., to the board of adjustment in the following manner:
A. 
Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer.
B. 
An appeal shall be taken within 30 days 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 therefore. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment 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.
C. 
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, 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 a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
D. 
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 attorney.
[Ord. No. 55, 10-17-2000; amended 10-16-2001; amended 9-17-2002; amended 11-16-2004; amended 1-18-2008; amended 6-15-2010; amended 4-21-2015; amended 9-19-2017; amended 7-21-2020, Ord. No. 55 §180; amended 9-19-2023 by Ord. No. 55]
A. 
An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, who were entitled, pursuant to Title 11 O.S. § 44-110 to mailed notice of the public hearing before the board of adjustment, by any person or persons whose property interests are directly affected by such action, decision, ruling, judgment or order of the board of adjustment, or by the governing body of the municipality to the district court in the county in which the situs of the municipality is located.
B. 
The appeal shall be taken by filing with the town clerk, within 30 days, a notice of appeal. The notice shall specify the grounds for the appeal. No bond or deposit for costs shall be required for such appeal.
C. 
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.
D. 
The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
E. 
During the pendency of such an appeal, the effectiveness of a decision of the board of adjustment shall not be suspended unless a party applies to the district court for a stay pending the district court's determination of the merits of the appeal. Notice of such application shall be given by first class mail to all parties, to the district court appeal and to any applicant before the board of adjustment. Upon filing of an application for stay in the district court, all proceedings in furtherance of the action appealed from shall be temporarily stayed pending the outcome of a hearing regarding the stay, which shall be conducted within 30 days of application. The Court shall determine whether to impose a stay by considering the following factors: (i) the likelihood of success on the merits by the party seeking to impose the stay, (ii) irreparable harm to the property interests of the party seeking to impose the stay if the stay is not imposed, (iii) relative effect on the other interested parties, and (iv) public policy concerns arising out of the imposition of the stay. If the court determines to impose a stay, the court shall require a bond or other security and such other terms as it deems proper to secure the rights of the parties and compensate for costs of delay. A bond or other security shall be posted within 10 business days of the court's determination; provided, that the town shall not be required to post a bond. Subject to Title 12 O.S. §990.3(a), a stay pursuant to this subsection shall automatically dissolve after a judgment, decree or final order resolving the merits of the appeal is filed with the court clerk. Notwithstanding any provision of law to the contrary, stays in appeals from the board of adjustment to the district court shall be obtained only as set forth in this section.
F. 
The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review.
G. 
Costs or attorney fees, professional fees, court costs, or any other fees shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence, in bad faith or with malice in making the original decision which was appealed.
H. 
An appeal shall lie from the action of the district court as in all other civil actions. A party may obtain a stay of the enforcement of the district court's judgment, decree or final order as provided by Title 12 O.S. §990.4.
[Ord. No. 55, §198 7-21-2020; amended 9-19-2023 by Ord. No. 55]
It being immediately necessary for the preservation of the public health, peace and safety of the Town of Slaughterville and the inhabitants thereof, an emergency is hereby declared to exist by reason whereof, this Ordinance shall be in full force and effect from and after its passage and approval, as provided by law.