Board of Adjustments
Section 301: Creation of Board of Adjustment.
There is hereby created a Board of Adjustment which shall consist of five (5) members, each to be appointed by the Board of County Commissioners for a term of five (5) years, provided that the terms of the members of the first Board so appointed shall be such that the term of one member shall expire each year. Any member may be removed for cause by the Board of County Commissioners upon written charges after a public hearing if such public hearing is requested. Vacancies shall be billed for the unexpired term of any member whose term is not completed. Not more than half of the members of the Board of Adjustment may at any time be members of the Planning Commission. The Chairman of the Board shall be elected by the board members and shall serve a one-year term. Successive elections are permitted.
Section 302: Duties and Powers of the Board.
- It shall be the duty of such Board to hear all appeals taken by the person aggrieved or by any officer, department, board, or bureau of the County affected by any decision related to administration or enforcement of ordinance, the administrative officer or agency in charge of the administration of this Ordinance. Said Board shall adopt rules for the regulation of its procedure and conduct of its duties not inconsistent with the provisions of this Ordinance or of the State Law, which said rules shall be submitted to the Board of County Commissioners for approval prior to their adoption and which may be altered, amended, or changed in the same manner.
- The Board, after proper notice and public hearing, shall have the following powers, as set forth in the Utah Code:
A. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by administrative official or agency based on or made in the enforcement of the zoning resolution.
B. To hear and decide in accordance with the provisions of any such resolution, requests for special exceptions are for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass.
C. When by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the provisions of any regulation enacted under this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. The concurring vote of four members of the board in the case of a five member board, and of three members in the case of a three member board, shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant. . .
Section 305: Meetings and Rules.
Meetings of the board shall be held at the call of the chairman and at such other times as the Board may determine. [For additional information see page 7-10 of the Daggett County Zoning Ordinance
. . .]
- Pat Asbill
- Guy Durrant
- James Olsen
- Delon Pollock