The Board of Adjustments shall consist of five (5) members and whatever alternates the Mayor considers appropriate, each to be appointed by the Mayor on advice from the City Council for the term of five (5) years provided that the term of one (1) of the original member shall expire each year. No more than two alternates members may sit at any meeting of the board of adjustment at one time. Any member may be removed for cause by the appointing authority upon written charges 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. (Ord. Ordinance 10-2008 Board of Adjustment Members, Amended, 08/20/2008)

The Board of Adjustment shall elect a Chairperson from among its members, who shall among other things call for meetings of the board of adjustment and shall serve for a term of one (1) year. In the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses.

The Board of Adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this Title upon which such Board is required to pass under the provisions of this Title.
3. To authorize variance from the terms of this Title. The board of adjustment may grant a variance only if:
   1. literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the zoning ordinance; and
   2. there are special circumstances attached to the property that do not generally apply to other properties in the same district; and
   3. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; and
   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 zoning ordinance is observed and substantial justice done.

(Ord. Ordinance 10-2001, Amended, 07/03/2001)

Meetings of the Board of Adjustment shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public pursuant to Title 52, Chapter 4, A Open and Public Meetings, UCA.

The Board shall keep minutes of its proceedings, showing the vote of each member on 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 be immediately filed with the City Recorder and shall be public records.

The Board of Adjustment shall adopt rules which the Board finds necessary or advisable to implement the authority of the Board.

A quorum shall be considered three (3) members of the Board of Adjustment, and no evidence shall be presented to the Board of Adjustment unless a quorum is present.

Approval or disapproval, rejection of modified approval of an application shall be based upon findings which shall be made a part of the official record.

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title or to effect any variation in the provisions of this Zoning Ordinance.

In exercising appeal powers, the Board may in conformity with the provisions of this title 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 the powers of the officer from whom the appeal was taken.

Each appeal to the Board of Adjustment shall be on a form provided by the Board, and all information called for by such form shall be furnished by the appellant. Before making its decision, the Board shall hold a hearing upon the appeal. Before any appellant shall be entitled to any hearing or decision, he shall pay to the Board the expenses of the appeal, including the sending of notices, as fixed by the Board. Such payment or the estimated amount of same shall be paid with the filing of the appeal. The Board may give notice to other interested persons and organizations. Each appeal, filed in proper form with the required dates, shall be numbered serially, docketed, and shall be placed upon the calendar of the Board and shall be heard in the order in which they appear on the calendar, unless advanced for hearing by order of the Board for good cause shown.

The local jurisdiction or any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after filing of such decision to the Board pursuant to '10-9-708 UCA.