Oklahoma § 19-868.18

§ 19-868.18.

Appeals to county board of adjustment.

Oklahoma Statutes - Title 19. Counties and County Officers

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. Such appeals shall be taken within a

period of not more than ten (10) days, by filing written notice with

the county board of adjustment stating the grounds therefor. An

appeal 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 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 for

decisions on other special questions upon which it is authorized to

pass by the regulations adopted by the board of county

commissioners; and

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 zoning plan as embodied in the

zoning regulations and map. For every variance granted, the county

board of adjustment shall state in detail as a matter of record the

exceptional and demonstrable undue hardship upon the owner of such

property.

In exercising the above powers, such board may, in conformity

with the provisions of the 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 should be made, and to that end shall have all the

powers of the officer from whom the appeal is taken.

Added by Laws 1972, c. 244, § 18, emerg. eff. April 7, 1972.