Agency History
Utah law authorizes municipal governments to create a board of adjustment to interpret and authorize exceptions or variances to zoning ordinances (
Since zoning ordinances cannot provide for all conceivable situations, boards of adjustment are designed to temper the strict application of the law while still maintaining its intent in those cases where exact application of the ordinance would be unduly restrictive. Any individual affected by a zoning ordinance or the decision of a building inspector can present problems or requests for exception or variance to the board of adjustment. After information relating to the request has been gathered, the board schedules a public hearing. Appeals can be questions about the interpretation or meaning of an ordinance, or they can be requests for a special exception or adjustment. In making a decision the board must accept ordinances as adopted by the city council, and exceptions granted cannot violate the intent of those ordinances. Authorization for variance or exception cannot be generally applied, but must apply only to a particular parcel of land. The board grants exception if the ordinance prevents reasonable use of the property or if it is proven that the ordinance creates unnecessary hardship for the land owner. Board of adjustment decisions can be appealed in court if action is initiated within 30 days.
Utah municipal boards of adjustment consist of five members appointed by the city council or legislative body to serve rotating five year terms. The term of one member of the board of adjustment expires each year. Brigham City code requires that one member of the board of adjustment also be a member of the planning commission.
The Brigham City board of adjustment annually selects a chairman, vice chairman, and secretary from among its members. The chairman presides at board meetings and directs procedures. The vice chairman acts in the absence of the chairman. The secretary creates correspondence, sends out notices, and keeps minutes. The board works very closely with the planning commission and with building inspectors. Board of adjustment meetings are open to the public, and any decision made by the board requires the vote of three members.