In order to provide for just and fair treatment of local zoning ordinances, and to ensure that substantial justice is done, a board of adjustment is created to exercise the powers and duties provided hereafter.
(Code 1997 § 12-130-005; Ord. 4-15-97-1 § 2(12-140-A); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))
The board of adjustment shall consist of one member, and two alternates, each to be appointed by the mayor with advice of the city council for a term of five years, and until his/her successor is appointed. Any member of the board of adjustment may be reappointed at the end of that member's term in office. Each member of the board of adjustment shall possess sufficient knowledge of the Utah Land Use Development and Management Act and all city codes to render decisions on appeals which comply with all applicable legal standards found therein.
Any member may be removed for cause by the city council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled promptly for the unexpired term of any member whose term becomes vacant.
(Code 1997 § 12-130-010; Ord. 4-15-97-1 § 2(12-140-B); Ord. 6-2-98-1M §§ 1, 2 (Exh. A § 12-145-010); Ord. 15-23 § 1 (Exh. A))
The board of adjustment may adopt rules and procedures for its own proceedings as deemed necessary.
Meetings of the board shall be scheduled in compliance with the Utah Open Public Meetings Act. The board shall keep minutes of its proceedings, showing the decision rendered by the board. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the recorder/clerk, which shall be the office of the board, and shall be public record. All meetings of the board of adjustment shall be open to the public.
(Code 1997 § 12-130-015; Ord. 4-15-97-1 § 2(12-140-C); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))
Only one member of the board may render a decision of the board of adjustment. In the event a member is unable to attend a board of adjustment meeting or otherwise render a decision, the matter shall be referred to an alternate member of the board to render a decision. Alternates shall be selected to decide upon any matter by rotation, subject to the availability of an alternate.
(Code 1997 § 12-130-020; Ord. 6-2-98-1M §§ 1, 2 (Exh. A § 12-145-015); Ord. 15-23 § 1 (Exh. A))
Appeals and variances may be decided by the board of adjustment and may be taken in conformance with the provisions of this section by any person aggrieved or by any officer, department, board or bureau or municipality affected by any decision by the administrative officer. The duties and powers of the board of adjustment shall be:
(1) 
Appeals. The applicant, a board or officer of the municipality, or any person adversely affected by the planning commission or any administrative official's decision administering or interpreting a land use ordinance may, within applicable time periods described in RCC Title 17 or 18, appeal that decision to the appeal authority by alleging 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.
(2) 
Variances. To authorize upon appeal such variances for the terms of RCC Title 18 as will not be contrary to the public interest and safety, where owing to special conditions a literal enforcement of the provisions of RCC Title 18 will result in unnecessary hardship; provided, that the spirit of RCC Title 18 shall be observed and substantial justice is done. Before any variance may be authorized, however, it shall be shown that:
(a) 
The variance will not substantially affect the comprehensive plan of zoning of Riverton City and that adherence to the strict letter of RCC Title 18 will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.
(b) 
There are special circumstances attached to a property covered by an application that do not generally apply to other properties in the same district.
(c) 
Because of said special circumstances, property covered by an application is deprived of privileges possessed by other properties in the same district, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district.
(3) 
To hear and make determinations regarding the existence, expansion, or modification of nonconforming uses.
(4) 
To hear appeals from a fee charged under authorization of Utah Code Section 10-9a-510.
(5) 
To have all the powers and duties explicitly or implicitly given to any board of adjustment by the state of Utah.
(Code 1997 § 12-130-025; Ord. 4-15-97-1 § 2(12-140-D); Ord. 6-2-98-1M §§ 1, 2 (Exh. A § 12-145-020); Ord. 15-23 § 1 (Exh. A))
The board of adjustment shall act in a quasi-judicial manner and serve as the final arbiter of issues properly brought before it. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the board of adjustment. The standard of review on appeal for all matters brought before the board of adjustment shall not be de novo, but shall be based on a review of the record to determine whether an appealable interpretation, decision, determination, or requirement is supported by ordinance and based upon substantial evidence.
(Code 1997 § 12-130-030; Ord. 4-15-97-1 § 2(12-140-E); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))
Notices of public meeting before the board of adjustment shall be given at least 15 calendar days prior to the meeting. Notice shall be given by publication in accordance with the Utah Open Public Meetings Act. The cost of publication shall be borne by the applicant.
(Code 1997 § 12-130-035; Ord. 4-15-97-1 § 2(12-140-F); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))
The city or any person aggrieved by any decisions made by the board of adjustment may have and maintain an essential right to appeal such decisions to a court of competent jurisdiction, namely the Salt Lake County Third District Court; provided, that such appeal is presented to the court within 30 days after the board of adjustment decision has been filed in the office of the city recorder.
(Code 1997 § 12-130-040; Ord. 4-15-97-1 § 2(12-140-G); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))
The members of the board of adjustment shall serve without compensation except for reasonable expenses as determined by the city council. Reimbursement for expenses shall be paid to the members on a per meeting basis.
(Code 1997 § 12-130-045; Ord. 4-15-97-1 § 2(12-140-H); Ord. 6-2-98-1M § 1; Ord. 15-23 § 1 (Exh. A))