Broken Arrow Board of Adjustment
08-10-2026
To: Chairman and Board Members
From: Development Services Department
Title:
title
Appeal (APPL-002946-2026) of three Citations for Zoning Violations (ZON-0025337-2025/Citation No 446451, ZON-025338-2025/Citation No 446454, ZON-025340-2025/Citation No 446452), D&B Processing, 18.143 acres, IL (Industrial Light), located one-third mile west of Evans Road (225th E. Avenue), one-half mile north of New Orleans Street (101st Street)
End
Background:
Applicant: Tadd Bogan
Property Owners: Industrial Developers of Oklahoma 5, LLC; Rogers Family Investments, LLC; Nunneley Investments, LTD
Business Owner: D&B Processing, LLC
Developer: NA
Surveyor: N/A
Location: One-third mile west of Evans Road (225th E. Avenue), one-half mile north of New Orleans Street (101st Street)
Size of Tract 18.14 acres
Number of Lots: 3
Present Zoning: A-IL (Annexed-Industrial Light)
Comp Plan: Level 6 (Regional Employment/Commercial)
APPL-002946-2026 is an appeal of three Citations related to Zoning Violations (ZON-025337-2025/Citation No 446451, ZON-025338-2025/Citation No 446454, and ZON-025340-2025/Citation No 446452) for violations of the Industrial Light zoning district rules and regulations issued on June 9, 2026. Each of these violations pertain to separate parcels where D&B Processing, LLC conducts their business operations. These include 21900 E 96th Street, 9600 S 219th E Avenue, and 9750 S 219th E Avenue as shown on the attached Location Map. There were initially four zoning violations and citations; however, Citation No. 446453 was voided and the zoning violation case ZON-025339-2025 was closed as resolved when it was determined that no manufacturing is occurring on this parcel.
The City of Broken Arrow received numerous complaints in 2025 and 2026 from a property owner who lives in the vicinity of D&B Processing, LLC. The complaints included objectionable noise, dust, vibrations, and indicated that not all manufacturing was being conducted within an enclosed structure stemming from industrial operations. Code Enforcement and Building Inspection staff conducted an inspection of the property that revealed the existence of conditions that violate the City of Broken Arrow Zoning Code related to Commercial and Industrial Districts, Section 2-1-2 (D). This section of the code states that uses within the Industrial Light District are to conduct all operations entirely within an enclosed building and cannot produce airborne emissions, objectionable noise, glare, odor, vibrations, or dust associated with the industrial operation.
The appellant filed a previous notice of appeal; however, it could not be heard by the Board of Adjustment because it was deemed untimely. New citations were issued, and the appellant subsequently filed the current appeal related to the zoning violations. The City of Broken Arrow Zoning Ordinance, Section 6-3-5.3.B.1.a states that “all administrative decisions or any order, requirement, permit, decision, determination, refusal, or interpretation made by the Director in interpreting and/or enforcing the provisions of this Ordinance may be appealed to the Board of Adjustment.” Therefore, this Appeal of the Community Development Department Director’s decision to cite the business owner for zoning code violations is before this Board for consideration.
Appellant states that D&B Processing, LLC has taken measures to address the violations that include moving materials to the opposite side of the building away from the nearby residential use, prohibiting the playing of music, prohibiting the dumping of scrap materials at night, limiting the use of forklifts at night, purchasing a water truck to reduce dust, monitoring noise levels and changing other practices as outlined in the attached Notice of 2nd Appeal. D&B Processing is also proposing to construct a concrete sound wall to reduce noise impacts. Appellant, on behalf of D&B Processing, LLC, requests that the “Zoning Notices/Citations be overturned due to D&B’s compliance with the applicable Zoning Ordinance.”
Appellant states that the use of the term “objectionable noise” is not defined in the Zoning Ordinance. Appellant also states that D&B Processing measures noise from its operations and has hired B.D. Haiduk Acoustics, LLC to conduct a noise assessment in the area where D&B Processing is operating. The noise assessment results are attached. D&B Processing has constructed an eight-foot-high concrete wall to mitigate potential noise.
The Board of Adjustment will need to determine if the administrative decision was appropriate given the record of the case and the evidence presented and that the decision reflects the requirements contained in the Zoning Ordinance. Further, Section 6-3-5.3.C of the Broken Arrow Zoning Ordinance explicitly states that a decision on an appeal decision cannot grant or issue a Variance as referenced in Section 6-3-5.3.C.2. Staff have reviewed the record of the case and the evidence presented and have determined that the industrial operations by D&B Processing, LLC violated the Zoning Ordinance, Section 2-1-2(D).
Attachments: Location map
Comprehensive Plan
Zoning Violation Letters or Citations
Notice of 2nd Appeal
Noise Assessment
BA Sentinel Article
Screenshots of Recordings
Binocular photos
Neighbor photo
Concrete wall photo
Recommendation:
Based on the City of Broken Arrow Zoning Ordinance, Section 2-1-2 (D), the record of the case, and the evidence presented, staff recommends that APPL-002946-2026 be denied.
Reviewed by: Jane Wyrick
Approved by: Rocky Henkel