The appeal authority for the city shall be the board of adjustment. The board of adjustment shall consist of five (5) members, who shall be appointed by the mayor with the advice and consent of the city council for a term of five (5) years; provided, that the term 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 city council upon written charge and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant, by appointment of the mayor with the advice and consent of the city council. The board of adjustment shall elect a chairperson and chairperson pro tem from among its members, whose terms shall be for one year. (Ord. 2007-28, 10-17-2007)

   A.   The appeal authority shall hear and decide:

      1.   Requests for variances from the terms of the land use ordinances; and

      2.   Appeals from decisions applying the land use ordinances.

   B.   The appeal authority:

      1.   Shall act in a quasi-judicial manner; and

      2.   Shall serve as the final arbiter of issues involving the interpretation or application of land use ordinances. (Ord. 2007-28, 10-17-2007)

The appeal authority may adopt rules for the regulation of its procedures and the conduct of its duties not inconsistent with the provisions of this title or of state law, and may amend such rules upon the majority vote of its members. The board shall notify each of its members of any meeting or hearing; convene only if a quorum of its members is present; and act only upon the vote of a majority of its convened members. (Ord. 2007-28, 10-17-2007)

   A.   Requests: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the appeal authority for a variance from the terms of the ordinance.

   B.   Granting Of Variance: The appeal authority may grant a variance only if:

      1.   Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;

      2.   There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

      3.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

      4.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

      5.   The spirit of the land use ordinance is observed and substantial justice done.

   C.   Unreasonable Hardship: In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship unless it finds all of the following:

      1.   The alleged hardship is located on or associated with the property for which the variance is sought; and

      2.   The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and

      3.   The hardship is not self-imposed or economic.

   D.   Special Circumstances: In determining whether or not there are special circumstances attached to the property, the appeal authority may find that special circumstances exist only if the special circumstances:

      1.   Relate to the hardship complained of; and

      2.   Deprive the property of privileges granted to other properties in the same zone.

   E.   Additional Variance Requirements:

      1.   The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

      2.   Variances run with the land.

      3.   The appeal authority may not grant a use variance.

      4.   In granting a variance, the appeal authority may impose additional requirements on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified. (Ord. 2007-28, 10-17-2007)

   A.   Scope: A party bringing an appeal may allege that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. Appeals to the appeal authority may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by a decision of the land use authority administering or interpreting the land use ordinance. However, only those decisions in which a land use authority has applied a land use ordinance to a particular application, person, or parcel may be appealed to the appeal authority.

   B.   Time For Appeal: Appeals must be brought within thirty (30) days after said decision is rendered or (if the decision is in writing) after the decision is issued in writing.

   C.   Burden Of Proof: A party bringing an appeal to the appeal authority must present every theory of relief that the party could raise in district court, and has the burden of proving that the land use authority erred.

   D.   Standard Of Review: The standard of review to be used by the appeal authority in reviewing the decision of the land use authority is different for findings of fact than for questions of law or mixed questions of law and fact.

      1.   For findings of fact, the appeal authority must defer to the factual findings of the land use authority, and may not reverse these findings of fact unless the appeal authority finds them to be clearly erroneous because they are against the clear weight of the evidence.

      2.   For questions of law or mixed questions of law and fact, such as the interpretation and application of a land use ordinance, the appeal authority is not required to defer to the land use authority, but must only ascertain that the question of law, or mixed question of law and fact, was decided correctly.

   E.   Decision On Appeal: The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of the land use ordinance. In reaching its decision, the appeal authority may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly the decision appealed from.

The concurring vote of three (3) members of the appeal authority shall be necessary in its decision. The decision of the appeal authority shall take effect and be considered final on the date when the appeal authority issues a written decision. (Ord. 2007-28, 10-17-2007)

A party may not commence judicial review of land use decisions of the city in which a land use authority has applied a land use ordinance to a particular application, person, or parcel, until the aggrieved party has exhausted his administrative remedies by appealing the decision to the appeal authority as provided in this chapter. After the appeal authority has rendered its decision, the city or any person aggrieved by any decision of the appeal authority may have and maintain a plenary action for relief therefor in any court of competent jurisdiction, provided a petition for such relief is presented to the court within thirty (30) days after the written decision of the appeal authority is issued. Judicial review of the decision of the appeal authority shall be in conformity with Utah Code Annotated section 10-9a-801. (Ord. 2007-28, 10-17-2007)