2007 Minnesota Statutes

360.071 BOARD OF ADJUSTMENT.
    Subdivision 1. Powers. All airport zoning regulations adopted under sections 360.011 to
360.076 shall provide for a board of adjustment to have and exercise the following powers:
(1) to hear and decide appeals from any order, requirement, decision, or determination made
by the administrative agency in the enforcement of the airport zoning regulations, as provided
in section 360.068;
(2) to hear and decide any special exceptions to the terms of the airport zoning regulations
upon which such board may be required to pass under such regulations; and
(3) to hear and decide specific variances under section 360.067, subdivision 2.
    Subd. 2. Membership. Where a zoning board of appeals or adjustment already exists, it may
be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five
members, each to be appointed for a term of three years by the authority adopting the regulations
and to be removable by the appointing authority for cause, upon written charges and after public
hearing. In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission from the area in and for which the commission was created, any of whom
may be members of the commission. In the case of an airport owned or operated by the state of
Minnesota, the board of commissioners of the county, or counties, in which the airport hazard
area is located shall constitute the airport board of adjustment and shall exercise the powers
and duties of such board as provided herein.
    Subd. 3. Majority control. The concurring vote of a majority of the members of the board of
adjustment shall be sufficient to reverse any order, requirement, decision, or determination of
the administrative agency, or to decide in favor of the applicant on any matter upon which it is
required to pass under the airport zoning regulations, or to effect any variation in such regulations.
    Subd. 4. Rules and procedures. The board shall adopt rules in accordance with the
provisions of the ordinance or resolution by which it was created. Meetings of the board shall
be held at the call of the chair and at such other times as the board may determine. The chair,
or if absent, the acting chair, may administer oaths and compel the attendance of witnesses. All
hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of which shall immediately be
filed in the office of the board and shall be a public record. Upon their appointment the members
of any board of adjustment shall select a chair to act at the pleasure of the board.
History: 1945 c 303 s 33; 1951 c 116 s 7; 1976 c 255 s 5; 1978 c 674 s 58; 1986 c 444