45-2-261.12
Section 45-2-261.12 Powers of the board of adjustment. The board of adjustment shall
have all of the following powers: (1) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by an administrative official
in the enforcement of the zoning regulations adopted pursuant to this subpart. (2) To hear
and decide special exceptions to the terms of the zoning regulations adopted pursuant to this
subpart. (3) To authorize upon appeal in specific cases the variance from the terms of the
zoning regulations as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of the zoning regulations will result
in unnecessary hardship and so that the spirit of the ordinance or regulations required shall
be observed and substantial justice done. The foregoing provisions shall not authorize the
board of adjustment to approve a use not permitted by the zoning regulations. In...
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45-49-261.09
Section 45-49-261.09 Powers of board of adjustment. (a) The board of adjustment shall
have all of the following powers: (1) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by an administrative official
in the enforcement of the zoning regulations adopted pursuant to this part. (2) To hear and
decide special exceptions to the terms of the zoning regulations adopted pursuant to this
part. (3) To authorize upon appeal in specific cases the variance from the terms of the zoning
regulations as will not be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of the zoning regulations will result in unnecessary
hardship and so that the spirit of the ordinance or regulations required shall be observed
and substantial justice done. The foregoing provisions shall not authorize the board of adjustment
to approve a use not permitted by the zoning regulations. (b) In...
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45-37A-56
Section 45-37A-56 Zoning board of adjustment. (a) The governing body of any city which
may now or hereafter have a population of 300,000 inhabitants or more, according to the last
or any subsequent federal census and which may now or hereafter have in force and effect a
comprehensive zoning ordinance shall provide for the appointment of a zoning board of adjustment
and in the zoning regulations and restrictions adopted by the city pursuant to the authority
of the laws of this state, provide that the zoning board of adjustment, in appropriate cases
and subject to appropriate conditions and safeguards, shall make special exceptions to the
terms of the zoning ordinance of the city in harmony with its general purpose and intent,
and in accordance with general or specific rules therein contained. The zoning board of adjustment
shall consist of seven members, each to be appointed by the governing body of the city, and
each shall hold office for a term of seven years or until the time as his...
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11-19-19
Section 11-19-19 County board of adjustment. In availing itself of the powers conferred
by this chapter, the county commission shall provide for the appointment of a board of adjustment
and may provide that the said board of adjustment shall, in appropriate cases and subject
to appropriate conditions and safeguards, make special exceptions to the terms of the zoning
ordinance or regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted pursuant to this chapter. The board of adjustment shall
consist of five members who shall be appointed from among the residents of the county by the
county commission to serve for a term of three years; provided, that in establishing the board
of adjustment, the county commission may designate the terms of the members first appointed
on such basis that the term of one member will expire each year thereafter. Such members shall
be removable for cause by the county commission upon written...
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11-52-80
Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment,
terms of office and removal of members; vacancies; adoption of rules of procedure; meetings;
record of proceedings; procedure for appeals to board from decisions of administrative officials;
powers of board as to appeals. (a) In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may provide for the appointment of a
board of adjustment and, in the regulations and restrictions adopted pursuant to the authority
of this article, may provide that the said board of adjustment shall in appropriate cases
and subject to appropriate conditions and safeguards make special exceptions to the terms
of the ordinance in harmony with its general purposes and interests and in accordance with
general or specific rules therein contained. The board of adjustment shall consist of five
members, each to be appointed for a term of three years, except that in the...
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11-44C-98
Section 11-44C-98 Board of adjustment. (a) In any Class 2 municipality, any law to the
contrary notwithstanding, the number of members on a board of adjustment provided for in Section
11-52-80, whose members are appointed by the governing body of the Class 2 municipality shall
be the same as the number of members of the governing body of the Class 2 municipality. (b)
In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse,
affirm, or modify the order, requirement, decision, or determination appealed from and may
enter the appropriate order, requirement, decision, or determination and, to that end, shall
have all the powers of the officer from whom the appeal is taken. The concurring vote of five
members of the board shall be necessary to reverse any order, requirement, decision, or determination
of an administrative official or to decide in favor of the applicant on a matter upon which
the board is required to pass under any ordinance or to effect any...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming
or modifying decisions, etc.; terms of planning commission members terminated; duties, powers,
etc. (a) When used in this section, the words municipality, municipalities, and mayor
shall have the meanings as provided for in Section 11-52-1. (b) The council of any
Class 5 municipality with a city manager or mayor commission form of government may determine
by ordinance that any board of adjustment of the municipality created pursuant to Section
11-52-80, shall consist of seven members: six regular members appointed by the council and
representing as equally as possible the several districts, wards, or other areas of the municipality,
to be determined by the council, and one regular member appointed by the mayor. (c) In exercising
the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or
may modify the order, requirement, decision, or determination appealed from and may enter...

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45-41-260.13
Section 45-41-260.13 Exemptions to zoning regulations. The commission, in appropriate
cases and subject to appropriate conditions and safeguards, may make special exceptions to
the terms of the zoning regulations in harmony with its general purposes and interests and
in accordance with general or specific rules adopted by the commission. Anyone wishing to
appeal from an existing zoning regulation may file a written petition stating the basis for
the appeal, whereupon the commission shall fix a date for such hearing, giving notice as to
the commission may seem appropriate, and on such hearing the commission shall have the following
powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by the commission or official in the enforcement of this article
or any regulation adopted pursuant to this article. (2) To hear and decide on requests for
special exceptions to the term of provisions of the regulations upon...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any
person aggrieved by any decision of an administrative agency made in its administration of
airport zoning regulations adopted under this chapter or any governing body of a political
subdivision which is of the opinion that a decision of such an administrative agency is an
improper application of airport zoning regulations of concern to such governing body or board
may appeal to the circuit court of the county where such airport is located. (b) All appeals
taken under this section must be taken within 10 days by filing with the agency from
which the appeal is taken a notice of appeal specifying the grounds thereof. The agency from
which the appeal is taken shall forthwith transmit to the court all the papers constituting
the record upon which the action appealed from was taken. (c) An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the agency from which the appeal...
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45-44-260.13
Section 45-44-260.13 Exceptions to zoning regulations. The planning commission, in appropriate
cases and subject to appropriate conditions and safeguards, may make special exceptions to
the terms of the zoning regulations in harmony with its general purposes and interests and
in accordance with general or specific rules adopted by the planning commission. Anyone wishing
to appeal from an existing zoning regulation may file a written petition stating the basis
for their appeal whereupon the planning commission shall fix a date for a hearing on the appeal,
giving notice as the planning commission deems appropriate. With regard to such hearings,
the planning commission shall have the following powers: (1) To hear and decide appeals where
it is alleged there is error in any order, requirement, decision, or determination made by
the planning commission or official in the enforcement of this article or any regulation adopted
pursuant thereto. (2) To hear and decide requests for special...
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