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(1) The Board of Adjustment shall act in strict accordance with the procedure specified by law and by this Title.

(2) All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board and within fourteen (14) days of the action or decision appealed from by filing a Notice of Appeal with the officer from whom the appeal is taken or with the Board of Adjustment. The officer from whom the appeal was taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

(3) Every appeal or application shall refer to the specific sections of the Provo City Code involved, and shall exactly set forth the interpretation that is claimed, the use for which the conditional use permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(4) At least fourteen (14) days before the date of any hearing on an application of appeal to the Board of Adjustment, the secretary of such Board shall transmit to the Planning Commission a copy of the notice of the aforesaid hearing and shall request that the Planning Commission submit to the Board of Adjustment its advisory opinion on said application or appeal, and the Planning Commission shall submit a report or such advisory opinion prior to the date of said hearing.

(5) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal shall have been filed with the officer that by reason of facts stated in the Certificate, a stay would, in the officer’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by the District Court on application and notice and due cause shown.

(6) No action of the Board shall be taken on any case until after proper notice has been given and public hearing has been held. Upon the hearing, any party may appear in person or by agent or by attorney.

(7) Every decision of the Board of Adjustment shall be by motion, each of which shall contain a full record of the findings of the Board in the particular case.

(8) In exercising its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order requirement, decision, or determination as ought to be made, and to that end shall have all of the powers of the officer from whom the appeal is taken. The concurring vote of three (3) members of the 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 on any matter upon which it is required to pass under any such section of the Provo City Code, or to affect any variation in such section of the Provo City Code.

(9) Decisions of the Board of Adjustment become effective at the meeting in which the decision is made, unless a different time is designated in the Board’s rules or at the time the decision is made.

(10) Notices of public hearings required by this Title before the Board of Adjustment shall be given at least fifteen (15) calendar days before the hearing by publication or at least once in a newspaper of general circulation within Provo City. Such notice shall state the time and place of such hearing and shall include a general explanation of the matter to be considered and a general description of the area affected. Additional notice may be given as deemed necessary.

(Am 1987-45, Am 1992-75, Am 1995-99, Am 2003-17, Am 2021-33)