(2) Each member is appointed for a term of five years unless otherwise provided in this Chapter or in the resolution confirming said appointment.

(3) Alternate members shall serve in the absence of a member or members of the Board of Adjustment.

(4) Members of the Board of Adjustment serve at the pleasure of the City Manager and the City Manager may remove any member of the Board with or without cause.

(5) Any vacancy occurring on said Board for whatever reason shall be filled by appointment as provided in this Section for the unexpired term of such member or alternate member whose office becomes vacant.

(6) All members of the Board shall be residents of the City.

(1) The Board shall elect a Chairperson and Vice-Chairperson from among themselves for a one year term. Meetings of the Board shall be held in accordance with Utah law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, members absent, members failing to vote, a record of the Board’s examination of evidence and other official actions.

(2) The Board shall adopt rules of policy and procedure consistent with this Chapter or State law. Said rules shall be submitted to the City Council for approval and may be altered, amended or changed in the same manner.

(3) Decisions of the Board shall become effective at the meeting in which the decision is made, unless a different time is designated in the Board's rules or at the time the decision is made.

(1) The Zoning Administrator is authorized to determine the existence of a Nonconforming Use if an application is uncontested and is accompanied by official documents establishing the existence and continuance of the Nonconforming Use. If the Zoning Administrator declines to make such a finding, the Applicant will receive a hearing before the Board of Adjustment in accordance with this Title.

(2) The Zoning Administrator is authorized to consider and approve alterations or additions to existing Buildings or Structures which are nonconforming as to height, area, or Yard restrictions when the proposed addition or alteration follows existing wall lines and does not create additional Dwelling Units. Alterations and additions shall only be approved if the proposed addition or alteration meets the requirements of this Section and if the applicant can demonstrate by clear and convincing evidence that the addition or alteration would not negatively impact the neighborhood.

(3) The Zoning Administrator is authorized to consider and approve building expansions to residential Nonconforming Buildings or Structures if the expansion would comply with all current setback requirements and the expansion would not create additional Dwelling Units. Expansions shall only be approved if the proposed expansion meets the requirements of this Section and if the applicant can demonstrate by clear and convincing evidence that the expansion would not negatively impact the neighborhood.

(1) The notice of appeal shall set forth with specificity the grounds for appeal and all errors asserted by the Applicant. The Applicant shall include in the notice of appeal every theory of relief that it can raise in district court or in a further appeal of the decision or order of the City. The notice of appeal shall include all attachments, exhibits, witnesses, and other evidence that the Applicant will present to the Board of Adjustment. No evidence not included in the notice of appeal shall be presented by the Applicant. The City may rely on any evidence submitted by the Applicant and any evidence considered or reviewed in making the decision or order that is the subject of the appeal, including but not limited to the testimony of individuals involved in the decision.

(2) The Applicant shall have the burden of proving that the decision, order, or action of the City was arbitrary, capricious, or illegal. All factual determinations or judgments made by the City shall be presumed to be correct unless the Applicant proves that the determination or judgment was arbitrary and capricious.

(3) The Board of Adjustment shall provide at least seven days’ written notice to the Applicant and the City of the time, date, and place of the appeal hearing.

(4) A failure to appeal to the Board of Adjustment or to strictly comply with the requirements of this Title constitutes a failure to exhaust administrative remedies.

(1) There is no presumption of legal existence of Nonconforming Uses. Individuals or entities asserting the establishment or legal existence of a Nonconforming Use shall have the burden to prove that the Nonconforming Use has been legally established and maintained. Uses, Buildings, or Structures in violation of current City ordinances shall be presumed to be illegal unless a Nonconforming Use, Building, or Structure determination is obtained as set forth in this Chapter.

(2) Applicants for a Nonconforming Use or individuals or entities asserting the existence of a Nonconforming Use, Building, or Structure shall submit an application to the Board of Adjustment including all of the following:

(3) The Applicant shall have the burden of proving by clear and convincing evidence that the Nonconforming Use, Building, or Structure legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the Use of the land.

(4) In order to prove that the Use, Building, or Structure legally existed before its current land use designation, the Applicant must prove by clear and convincing evidence that the Use, Building, or Structure complied with all applicable legal requirements as of the asserted date of establishment, including but not limited to the acquisition of all required permits, business licenses, and other authorizations.

(5) In order to prove that the Use, Building, or Structure has been maintained continuously since the time the land use ordinance governing the land changed, the Applicant must prove by clear and convincing evidence that the Use, Building, or Structure has not been abandoned, that the Use has not paused or terminated for any one year period between the asserted date of commencement and the date of application, and that all legal requirements have been continually met, including but not limited to the acquisition and renewal of all required permits, business licenses, and other authorizations.

(6) A Nonconforming Use is presumed to be abandoned if any of the following have occurred:

(7) A nonconforming Building or Structure is presumed to be abandoned if any of the following have occurred:

(8) The reconstruction or restoration of a nonconforming Building or Structure or continuation of a Nonconforming Use shall be prohibited if:

(9) If a Nonconforming Building or Structure is damaged or destroyed by calamity or act of nature, the occupancy or Use of such Building or Structure, or part thereof which existed at the time of damage or destruction, may be continued or resumed if it is restored in accordance with all applicable building codes. Any repair or reconstruction shall be conducted in accordance with all City requirements and Conditional Use requirements, if applicable. Buildings that become nonconforming as to setbacks due to governmental action (such as a road widening) may be fully restored at the original setback.

(10) The Board may permit an enlargement or structural Alteration of a Nonconforming Building or Structure if the Nonconforming Building or Structure has been recognized by the Board or Zoning Administrator in accordance with this Title and if the applicant can prove by clear and convincing evidence the following:

(1) The Board may grant a Variance only if the following criteria are met:

(2) In determining whether or not enforcement of the Zoning Ordinance would cause unreasonable hardship under this section, the Board may not find an unreasonable hardship unless the alleged hardship:

(3) In determining whether or not enforcement of the Zoning Ordinances would cause unreasonable hardship under this section, the Board may not find unreasonable hardship if the hardship is self-imposed or economic.

(4) In determining whether or not there are special circumstances attached to the property under this section, the Board may find that special circumstances exist only if the special circumstances:

(5) The Applicant shall bear the burden of proving that all of the conditions justifying a Variance have been met.

(6) Variances, once granted, shall run with the land.

(7) Use variances may not be granted by the Board.

(8) In granting a Variance, the Board may impose additional requirements on the Applicant that will: