CITY OF SHAWNEE
Appealing to the Zoning Board of Adjustment
The steps below outline the procedure for appealing any administrative decision based on the Zoning Code to the Board of Adjustment.
1. THE APPLICATION
Any person aggrieved by any administrative decision based on the Zoning Code may appeal to the Board of Adjustment. The appeal must be made within (30) days of the decision by first completing the "Application for Board of Adjustment Hearing". This may be obtained at the City Inspector's Office in the City Hall Annex.
2. NECESSARY INFORMATION
The following information is needed to complete the application process:
Address of the property
The legal description of the property, obtainable from the County Assessor's office
Current zoning and use of the property
A list of surrounding property owners residing within a 300 foot radius of the property under consideration (if the variance or exception is minor* only adjacent property owners need to be listed). This list must be obtained from a bonded abstract company and will require the legal description of the property. This may cost approximately $150.00
3. FILING FEES
The cost of a hearing before the Board of Adjustment is $90, payable in the City Inspector's Office.
4. WHEN TO FILE
The Board of Adjustment meets on the third (3rd) Thursday of the month at 3:30 PM in the Basement Conference Room of the City Hall. The application must be filed 30 days before the next Board meeting to allow for review, legal publication and notification of surrounding property owners.
5. THE PUBLIC HEARING
Once the application has been completed, fees paid and the list of surrounding property owners presented to the City Inspector's Office, the application will be added to the agenda of the next Board of Adjustment meeting. The Clerk of the Board of Adjustment will then send a notice of the hearing to the newspaper and all surrounding property owners (obtained from the abstract company) at least (10) days prior to the hearing. The applicant may represent himself at the public hearing or be represented by a professional. Also, any supporting material may be presented. After those present have had the opportunity to speak, the Board will consider all the facts as will as the recommendation of the Planning staff and vote to approve or deny the request. A concurring vote of at least three (3) Board members is required for approval. Any decision of the Board may be appealed to the District Court in Pottawatomie County by filing a "Notice of Appeal" with the City Clerk and with the Clerk of the Board o Adjustment within sixty (60) days of the Board's decision.
The Board of Adjustment is a five member board established to hear and decide on grievances over zoning issues. It has the following powers:
To hear and decide appeals where it is believed that an error has been made in the enforcement of the Zoning Code.
To authorize upon appeal variance from the terms of the Zoning Code. Such variances may be granted by the Board only if:
There area extraordinary and exceptional conditions pertaining to the property in question because of its size, shape or topography.
The application of the code to this property would create an unnecessary hardship, not self-imposed by the owner or developer.
Relief would not cause substantial detriment to the public good and intent of the Zoning Code of the Comprehensive Plan; however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance.
To authorize upon application a special exception to the Zoning Code. Such exceptions may be granted by the Board only if:
It is consistent with purposes and intent of the district within which the property is located.
It would not tend to encourage further exceptions of a similar nature in the neighborhood.
It is necessary to render appropriate relief to the applicant for a fair and reasonable use of his property.
For Additional Information Contact
The City Planning Commission
City Hall, Broadway and 9th
P.O. Box 1448
Shawnee, OK 74802-1448