(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.