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UTAH STATUTES AND CODES
72-10-410 - Board of adjustment -- Powers -- Appointment and membership of board -- Hearings and decisions by board -- Meetings -- Adoption of rules.
72-10-410. Board of adjustment -- Powers -- Appointment and membership ofboard -- Hearings and decisions by board -- Meetings -- Adoption of rules.
(1) All airport zoning regulations adopted under this part shall provide for a board ofadjustment to have and exercise the following powers:
(a) to hear and decide appeals from any order, requirement, decision, or determinationmade by the administrative agency in the enforcement of the airport zoning regulations, asprovided in Section 72-10-408;
(b) to hear and decide any special exceptions to the terms of the airport zoningregulations upon which the board may be required to pass under the regulations;
(c) to hear and decide specific variances under Subsection 72-10-407(2).
(2) (a) If a zoning board of appeals or adjustment already exists, it may be appointed asthe board of adjustment.
(b) Otherwise, the board of adjustment shall consist of five members, each to beappointed for a term of three years, by the authority adopting the regulations and to be removableby the appointing authority for cause, upon written charges and after public hearing.
(3) The concurring vote of a majority of the members of the board of adjustment shall besufficient to reverse any order, requirement, decision, or determination of the administrativeagency, or to decide in favor of the applicant on any matter upon which it is required to passunder the airport zoning regulations, or to effect any variation in the regulations.
(4) (a) The board shall adopt rules in accordance with the provisions of the ordinance orresolution by which it was created.
(b) Meetings of the board shall be held at the call of the chair and at other times as theboard may determine.
(c) The chair, or in the chair's absence, the acting chair, may administer oaths and compelthe attendance of witnesses.
(d) All hearings of the board shall be public.
(e) The board shall keep minutes of its proceedings, showing the vote of each memberupon each question, or, if absent or failing to vote, indicating the fact, and shall keep records ofits examinations and other official actions, all of which shall immediately be filed in the office ofthe board and shall be a public record.
(1) All airport zoning regulations adopted under this part shall provide for a board ofadjustment to have and exercise the following powers:
(a) to hear and decide appeals from any order, requirement, decision, or determinationmade by the administrative agency in the enforcement of the airport zoning regulations, asprovided in Section 72-10-408;
(b) to hear and decide any special exceptions to the terms of the airport zoningregulations upon which the board may be required to pass under the regulations;
(c) to hear and decide specific variances under Subsection 72-10-407(2).
(2) (a) If a zoning board of appeals or adjustment already exists, it may be appointed asthe board of adjustment.
(b) Otherwise, the board of adjustment shall consist of five members, each to beappointed for a term of three years, by the authority adopting the regulations and to be removableby the appointing authority for cause, upon written charges and after public hearing.
(3) The concurring vote of a majority of the members of the board of adjustment shall besufficient to reverse any order, requirement, decision, or determination of the administrativeagency, or to decide in favor of the applicant on any matter upon which it is required to passunder the airport zoning regulations, or to effect any variation in the regulations.
(4) (a) The board shall adopt rules in accordance with the provisions of the ordinance orresolution by which it was created.
(b) Meetings of the board shall be held at the call of the chair and at other times as theboard may determine.
(c) The chair, or in the chair's absence, the acting chair, may administer oaths and compelthe attendance of witnesses.
(d) All hearings of the board shall be public.
(e) The board shall keep minutes of its proceedings, showing the vote of each memberupon each question, or, if absent or failing to vote, indicating the fact, and shall keep records ofits examinations and other official actions, all of which shall immediately be filed in the office ofthe board and shall be a public record.
Renumbered and Amended by Chapter 270, 1998 General Session
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