The Parowan City Appeal Authority shall consist of one (1) member, and shall serve for an undefined term. The Appeal Authority shall be appointed by the Mayor, with advice and consent of the City Council. The Appeal Authority shall be selected on the bases of technical qualifications in the area of municipal land use and should have a full understanding of Parowan City Ordinances and procedures. The Appeal Authority can be removed at any time, without cause, at the will of the Council. A vacancy in the office shall be replaced and appointed by the same procedure as stated above.

The Appeal Authority 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 Ordinance upon which such Appeal Authority is required to pass under the provisions of this Ordinance.
3. Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance, as set forth herein, as applied to any 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 zoning ordinance. To authorize upon appeal such variance from the terms of this Ordinance, the Appeal Authority may grant a variance only if it is shown that:
   1. literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out of the general purpose of the zoning ordinance;
   2. there are special circumstances attached to the property that do not generally apply to other properties in the same district;
   3. granting the variance is essential to the enjoyment of a substantial property right possessed by the other property in the same district;
   4. the variance will not substantially effect 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.
4. In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under section (C)(1), the Appeal Authority may not find an unreasonable hardship unless the alleged hardship:
   1. is located on or associated with property for which the variance is sought; and
   2. comes from circumstances peculiar to the property not from conditions that are general to the neighborhood.
5. In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under section (C)(1), the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
6. In determining whether or not there are special circumstances attached to the property under section (C)(1), the Appeal Authority may find special circumstances exist only if the special circumstances:
   1. relate to the hardship complained of; and
   2. provide the property of privileges granted to other properties in the same district.
7. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
8. Variances shall run with the land once approved and, upon approval, shall be recorded with the Iron County Recorder's Office.
9. The Appeal Authority or any other body may not grant a use of variance.
10. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will mitigate any harmful effects of the variance.

Meetings of the Parowan City Appeal Authority shall be held at such other times as the Appeal Authority may determine. He/She may administer oaths and compel the attendance of witnesses. All meetings of the Parowan City Appeal Authority shall be open to the public.

The Parowan City Appeal Authority shall keep minutes of its proceedings showing the vote of each member on each question, or if absent or failure to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed with the Parowan City Clerk and shall be public record.

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

Appeals to the Parowan City Appeal Authority may be taken by any person aggrieved or by an officer, department, or board of Parowan City affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days as provided by the rules of the Appeal Authority by filing with the officer from whom the appeal is taken and with the Parowan City Appeal Authority a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Parowan City Appeal Authority all the papers constituting the record upon which the action appealed was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Parowan City Appeal Authority after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her 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 Parowan City Appeal Authority or by District Court on application and notice and on due cause shown.

In exercising the above-mentioned powers, the Parowan City Appeal Authority may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such other 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 is taken.

The Parowan City Council shall adopt rules for the regulation of the Appeal Authority's procedure and the conduct of its duties not inconsistent with the provisions of this Ordinance or of the State law.

The City of Parowan or any person aggrieved by any decision of the Parowan City Appeal Authority 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 the filing of such decision in the office of the Appeal Authority of City Recorder.