(A) Legal standing for appeals. Appeals to the Board may be taken by persons aggrieved or by any officer, department, board or bureau of the city affected by a decision of the Zoning Administrator, by filing with the Development Services Department a notice of appeal and required complete application within 30 calendar days of the decision being communicated to the applicant.
(B) Information required for filing an appeal. The following information is required for filing an appeal:
(1) Completed application form filed with the Zoning Administrator at 300 E. Superstition Blvd., Apache Junction, Arizona 85119, with date of appeal, name and contact information of person filing the appeal (i.e., appellant), assessor's parcel number, case number and any individual representing the appellant.
(2) List of address to which notices must be sent.
(3) Description of requested variance or decision being appealed.
(4) Date of the Zoning Administrator's decision that is being appealed.
(5) Description of requested outcome if the appeal is granted.
(6) Description of grounds for appeal.
(7) Scaled and properly dimensioned Site Plan illustrating relevant property information.
(8) Payment of application fees established in Apache Junction City Code, Vol. I, Chapter 4.
(9) Other items and materials required by the application form and/or necessary for the appeal.
(C) Legal effect of appeal. An appeal to the Board stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion and finding, a stay would cause imminent peril to life or property. Upon such finding, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator. Proceedings shall not be stayed if the appellee requests relief which has previously been denied by the Board, except pursuant to a special action in Superior Court.
(D) Public hearing. The Board shall fix a reasonable time to conduct a public hearing for the appeal. Public notice of the hearing shall be administered by the Development Services Department and shall comply with the following:
(1) Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. 9-462.04, as amended.
(2) Posting notice. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application materials.
(3) Mailing notice. The city shall send notice by first class mail to each real property owner, as shown on the last assessment of the property, within 300 feet of the appellant's property. The notice shall include the proposed hearing date, time, location and information regarding the case.
(E) Failure to receive notice. The failure of any person or entity to receive notice shall not constitute grounds for the city or any court to invalidate the actions of the Board.
(F) Board review. The Board shall conduct a public hearing (i.e., de novo), and shall review all relevant information, including but not limited to the application, plans, related project materials that were submitted by city staff and the appellant, the original decision being appealed, any additional materials as may be presented at the appeal hearing, any written correspondence submitted prior to or during the hearing, and any information observed by a site visit.
(G) Board's decision. The Board may approve, approve with conditions, or deny an appeal, and may prescribe reasonable conditions in connection with its decision as may be necessary in order to fully carry out the purpose and intent of the Zoning Code.
(H) Appeal to Superior Court. Any person aggrieved by a decision of the Board or any taxpayer, officer or department of the municipality affected by a decision of the Board may, at any time within 30 calendar days after the Board has rendered its decision, file a complaint for special action in the Superior Court to review the Board decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the Court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.
(I) Expiration. Rights and privileges established by the granting of a variance shall be exercised within 1 year following the date of approval unless a different time limit is specified by the Board at the time the variance is granted. Failure to exercise a variance within the time limits specified shall cause the variance to become null and void.
(Ord. 1402, passed 5-6-2014)