Oklahoma § 19-863.21 - Appeals to board - Powers and duties

§ 19-863.21. Appeals to board - Powers and duties

Appeals to the county board of adjustment may be taken by any

person aggrieved or by a public officer, department, board or bureau

affected by any decision of the county engineer in administering the

county zoning regulations or building line and set-back regulations.

Such appeals shall be taken within a period of not more than three

(3) months, by filing written notice with the county board of

adjustment and the county engineer, stating the grounds thereof. An

appeal from the county board of adjustment shall stay all

proceedings in furtherance of the action appealed from unless the

officer from whom the appeal is taken shall certify to the board of

adjustment that by reason of facts stated in the certificate a stay

would, in his opinion, cause imminent peril to life or property.

The county board of adjustment shall have the following powers and

it shall be its duty:

1. To hear and decide appeals where it is alleged there is

error of law in any order, requirement, decision or determination

made by the county engineer in the enforcement of the county zoning

regulations.

2. To hear and decide requests for map interpretations or

decisions on other special questions upon which it is authorized to

pass by the regulations adopted by the board.

3. Where, by reason of exceptional narrowness, shallowness,

shape, topography or other extraordinary or exceptional situation or

condition of a specific piece of property, the strict application of

any regulation adopted under this act would result in peculiar and

exceptional difficulties to, or exceptional and demonstrable undue

hardship upon, the owner of such property, to authorize, upon an

appeal relating to such property, a variance from such strict

application so as to relieve such demonstrable difficulties or

hardships, provided such relief can be granted without substantial

detriment to the public good and without substantially impairing the

intent, purpose, and integrity of the zone plan as embodied in the

zoning regulations and map.

In exercising the above powers, such board of adjustment may, in

conformity with the provisions of this act, 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.

In acting upon any appeal, such board of adjustment shall, in

its consideration of and decision thereon, apply the principles,

Oklahoma Statutes - Title 19. Counties and County Officers

standards and objectives set forth and contained in all applicable

regulations, ordinances and resolutions and in the master plan.

Added by Laws 1955, p. 172, § 21, emerg. eff. June 3, 1955.