Okla. Admin. Code § 120:10-13-18

Current through Vol. 42, No. 4, November 1, 2024

Section 120:10-13-18 - Powers of the Commission relative to variation

(a) The Commission is empowered to authorize, as requested a variation from the strict application of this Chapter to relieve difficulties or hardship, but may establish requirements relative to the property to achieve the purpose and intent of this Chapter. The Commission shall have the power to grant variances in the following instances:

(1) Exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this Chapter.

(2) Exceptional topographical conditions or other extraordinary or exceptional situations or conditions of a specific piece of property, which is a condition generally not prevalent in the area.

(3) When the strict application of the requirements of this Chapter would result in peculiar and exceptional undue hardship on the property owner.

(b) The Commission shall not grant a variance for a principal use that is not permitted in the applicable district. It is the expressed spirit and intent of this Chapter that a change of the permitted principal use shall be made by amendment of the regulations or the zoning map.

(c) A variance from the requirements of this Chapter shall be granted by the Commission under the following provisions:

(1) The granting of the variance will not confer on the applicant any special privilege that is denied by this Section to the lands, structures, or building in the same district.

(2) No nonconforming use of the neighborhood lands, structures, or buildings in the same zone and no permitted use of land, structures, or building in other district shall be considered grounds for issuance of a variance.

Okla. Admin. Code § 120:10-13-18

Added at 27 Ok Reg 1733, eff 6-25-10