The board of adjustment shall consist of five (5) members and one alternate, each to be appointed by the city council for a term of five (5) years; provided, that the terms of the existing members of the board of adjustment shall be staggered so as to be such that the term of one member shall expire each year. The alternate member shall attend all meetings of the board and may participate in the deliberations of the board, but may vote only in the event of the absence of another board member. Any member may be removed for cause by the city council. Repeated failure to attend board of adjustment meetings is cause for removal. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member, but not more than one, of the planning commission shall be a member of the board of adjustment. (Ord. 2012-11, 7-11-2012)

The board of adjustment shall serve without compensation, except that the city shall provide for reimbursement of the board of adjustment for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. 2012-11, 7-11-2012)

The board of adjustment shall elect a chairperson from among its members, whose term shall be one year. The board of adjustment may create and fill other offices as it deems necessary. (Ord. 2012-11, 7-11-2012)

A quorum shall consist of three (3) members of the board of adjustment. No evidence shall be presented to the board unless a quorum is present. (Ord. 2012-11, 7-11-2012)

   A.   Meetings of the board of adjustment shall be held at the call of the chairperson and at other times as the board may determine.

   B.   All meetings shall be properly advertised and shall be open to the public. Where applicable, notice of board of adjustment meetings shall be mailed to all property owners appearing on the latest ownership plat in the county recorder's office within a three hundred foot (300') radius of any property for which an action of the board of adjustment is being requested. It shall be the responsibility of the applicant for such action to provide the stamped, addressed envelopes necessary to provide such notice. The chairperson may administer oaths and compel the attendance of witnesses. (Ord. 2012-11, 7-11-2012)

The board of adjustment shall adopt rules for the regulation of its procedure and the conduct of its duties not inconsistent with the provisions of this title or of state law. Such rules, to become effective, shall first be approved by the city council. (Ord. 2012-11, 7-11-2012)

The board of adjustment shall have the following powers:

   A.   To authorize upon appeal such variance from the terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that all of the standards and requirements as found in the Utah code, title 10, chapter 9A, section 702 (10-9a-702) variances, have been met.

In granting a variance, the board of adjustment may impose additional requirements that will mitigate any harmful affects of the variance or that may serve the purpose of the standard or requirement that is being waived or modified.

   B.   To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by any administrative official in the enforcement of this title or of any ordinance adopted pursuant thereto. (Ord. 2012-11, 7-11-2012)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board of the city affected by the decision of the designated city official charged with the administration and enforcement of this title, or any other administrative officer or board. Such appeal shall be taken within ten (10) working days following the date upon which the decision was made that is being appealed, by submitting an application to appear before the board to the community development department, stating the reason for petitioning an appearance before the board. The community development department shall forthwith transmit to the board of adjustment all the documents constituting the record of the action from which the appeal was taken. A meeting with the board of adjustment shall be scheduled within twenty (20) working days after receiving an application to appear before the board. (Ord. 2012-11, 7-11-2012)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer or board from whom the appeal is taken certifies to the board of adjustment, after the application to appear before the board has been submitted, that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order of the district court upon application and notice and with due cause shown. (Ord. 2012-11, 7-11-2012)

In exercising the above mentioned powers, the board of adjustment may, in conformity with provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination from which the appeal is taken and may make such order, requirement, decision or determination as ought to be made. (Ord. 2012-11, 7-11-2012)

The concurring vote of three (3) members of the board of adjustment shall be necessary to reverse any order, requirement or determination of any administrative official, or to affect any variation in the provisions of this title. (Ord. 2012-11, 7-11-2012)

The city, 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 the final decision of the board of adjustment. (Ord. 2012-11, 7-11-2012)

The administrative law judge shall be appointed by the city council for a term of three (3) years. An alternate administrative law judge shall also be appointed by the city council in the event that the primary administrative law judge is not available to hear an appeal. The administrative law judge may be removed for cause by the city council. Repeated failure to attend meetings is cause for removal. A vacancy shall be filled for the unexpired term of the administrative law judge by the appointed alternate. (Ord. 2012-11, 7-11-2012)

The administrative law judge shall serve with compensation as established by the city council. Provisions will also be made for reimbursement for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. 2012-11, 7-11-2012)

All meetings shall be properly advertised and shall be open to the public. (Ord. 2012-11, 7-11-2012)

The administrative law judge shall adopt rules for the regulation of his/her procedures and the conduct of his/her duties not inconsistent with the provisions of this title or of state law. Such rules, to become effective, shall first be approved by the city council. (Ord. 2012-11, 7-11-2012)

The administrative law judge shall have the power to serve in the capacity as the board of appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the building codes adopted by the city. Examples of such building codes include, but are not limited to, international building code (IBC), international residential code (IRC), national electrical code (NEC), international plumbing code (IPC), international mechanical code (IMC) and the international fire code (IFC). (Ord. 2012-11, 7-11-2012)

Appeals to the administrative law judge may be taken by any person aggrieved or by any officer, department or board of the city affected by the decision of the designated city official charged with the administration and enforcement of the building codes adopted by the city, or any other administrative officer or board. Such appeal shall be taken within ten (10) working days following the date upon which the decision was made that is being appealed, by submitting an application to appear before the administrative law judge to the community development department, stating the reason for petitioning an appearance before the administrative law judge. The community development department shall forthwith transmit to the administrative law judge all the documents constituting the record of the action from which the appeal was taken. A meeting with the administrative law judge shall be scheduled within twenty (20) working days after receiving an application to appear before the administrative law judge. (Ord. 2012-11, 7-11-2012)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer or board from whom the appeal is taken certifies to the administrative law judge, after the application to appear before the administrative law judge has been submitted, that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order of the district court upon application and notice and with due cause shown. (Ord. 2012-11, 7-11-2012)

In exercising the above mentioned powers, the administrative law judge may, in conformity with provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination from which the appeal is taken and may make such order, requirement, decision or determination as ought to be made. (Ord. 2012-11, 7-11-2012)

The city, or any person aggrieved by any decision of the administrative law judge, 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 final decision of the administrative law judge. (Ord. 2012-11, 7-11-2012)