{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-44-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-44-104","heading":"Powers","body":"The board of adjustment shall have the power to:\n\n1. hear and decide appeals if it is alleged there is error in\n\nany order, requirement, decision, or determination made by an\n\nadministrative official in the enforcement of any zoning ordinance;\n\n2. hear and decide special exceptions to the zoning ordinance\n\nto allow a use, or a specifically designated element associated with\n\na use, which is not permitted by right in a particular district\n\nbecause of potential adverse effect, but which if controlled in the\n\nparticular instance as to its relationship to the neighborhood and\n\nto the general welfare, may be permitted by the board of adjustment,\n\nwhere specifically authorized by the zoning ordinance, and in\n\naccordance with the substantive and procedural standards of the\n\nzoning ordinance;\n\n3. authorize in specific cases a variance from the terms,\n\nstandards and criteria that pertain to an allowed use category\n\nwithin a zoning district as authorized by the zoning ordinance when\n\nsuch cases are shown not to be contrary to the public interest if,\n\nowing to special conditions, a literal enforcement of the provisions\n\nof the ordinance will result in unnecessary hardship and so that the\n\nspirit of the ordinance shall be observed and substantial justice\n\ndone; provided, however, the board shall have no power to authorize\n\nvariances as to use except as provided by paragraph 4 of this\n\nsection;\n\n4. hear and decide oil and/or gas applications or appeals\n\nunless prohibited throughout a municipality by municipal ordinance.\n\nThe board of adjustment shall be required to make the findings\n\nprescribed by Section 44-107 of this title in order to grant a\n\nvariance as to use with respect to any such application or appeal.\n\nExceptions and/or variances may be allowed by the board of\n\nadjustment only after notice and hearing as provided in Section 44-\n\n108 of this title. The record of the meeting at which the variance\n\nor special exception was granted shall show that each element of a\n\nvariance or special exception was established at the public hearing\n\non the question, otherwise said variance or special exception shall\n\nbe voidable on appeal to the district court.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0d62886c06848172de8ecde4f6dcc2c8b1de185a06541b1cc8462d5756483b4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-44-103","next":"us-ok/okla.-stat.-tit.-11-11-44-105"},"notice":"GroundRules: Original legal text. Not legal advice."}