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UTAH STATUTES AND CODES
72-10-408 - Appeals to board of adjustment -- Procedure -- Stay of proceedings -- Hearing and judgment.
72-10-408. Appeals to board of adjustment -- Procedure -- Stay of proceedings --Hearing and judgment.
(1) Any person aggrieved, or taxpayer affected, by any decision of any administrativeagency made in its administration of airport zoning regulations adopted under this part, or anygoverning body of a political subdivision, or any joint airport zoning board, which is of theopinion that a decision of an administrative agency is an improper application of airport zoningregulations of concern to the governing body or board, may appeal to the board of adjustmentauthorized to hear and decide appeals from the decisions of the administrative agency.
(2) (a) All appeals taken under this section shall be taken within a reasonable time, asprovided by the rules of the board, by filing with the agency from which the appeal is taken andwith the board, a notice of appeal specifying the grounds of the appeal.
(b) The agency from which the appeal is taken shall transmit to the board all the papersconstituting the record upon which the action appealed from was taken.
(3) (a) An appeal shall stay all proceedings in furtherance of the action appealed from,unless the agency from which the appeal is taken certifies to the board, after the notice of appealhas been filed with it, that by reason of the facts stated in the certificate a stay would, in itsopinion, cause imminent peril to life or property.
(b) In these cases, proceedings shall not be stayed otherwise than by order of the board onnotice to the agency from which the appeal is taken and on due cause shown.
(4) (a) The board shall fix a reasonable time for the hearing of appeals, give public noticeand due notice to the parties in interest, and decide the appeal within a reasonable time.
(b) Upon the hearing any party may appear in person or by agent or by attorney.
(5) The board may, in conformity with the provisions of this part, reverse or affirmwholly or partly, or modify, the order, requirement, decision, or determination appealed from andmay make an order, requirement, decision, or determination as ought to be made, and to that endshall have all the powers of the administrative agency from which the appeal is taken.
(1) Any person aggrieved, or taxpayer affected, by any decision of any administrativeagency made in its administration of airport zoning regulations adopted under this part, or anygoverning body of a political subdivision, or any joint airport zoning board, which is of theopinion that a decision of an administrative agency is an improper application of airport zoningregulations of concern to the governing body or board, may appeal to the board of adjustmentauthorized to hear and decide appeals from the decisions of the administrative agency.
(2) (a) All appeals taken under this section shall be taken within a reasonable time, asprovided by the rules of the board, by filing with the agency from which the appeal is taken andwith the board, a notice of appeal specifying the grounds of the appeal.
(b) The agency from which the appeal is taken shall transmit to the board all the papersconstituting the record upon which the action appealed from was taken.
(3) (a) An appeal shall stay all proceedings in furtherance of the action appealed from,unless the agency from which the appeal is taken certifies to the board, after the notice of appealhas been filed with it, that by reason of the facts stated in the certificate a stay would, in itsopinion, cause imminent peril to life or property.
(b) In these cases, proceedings shall not be stayed otherwise than by order of the board onnotice to the agency from which the appeal is taken and on due cause shown.
(4) (a) The board shall fix a reasonable time for the hearing of appeals, give public noticeand due notice to the parties in interest, and decide the appeal within a reasonable time.
(b) Upon the hearing any party may appear in person or by agent or by attorney.
(5) The board may, in conformity with the provisions of this part, reverse or affirmwholly or partly, or modify, the order, requirement, decision, or determination appealed from andmay make an order, requirement, decision, or determination as ought to be made, and to that endshall have all the powers of the administrative agency from which the appeal is taken.
Renumbered and Amended by Chapter 270, 1998 General Session
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