This section sets forth the procedures for appeals except for appeals filed pursuant to section 21-6-2.12, "Appeals Of Dedications Or Exactions To Hearing Officer", of this section 21-6-2. Any decision within the authority of the decision-making body may be appealed, unless this chapter identifies that the decision is final.
A. Applicability: The appropriate decision-making body for each appeal type is identified in sections 21-6-4 through 21-6-12 of this article. General appeals in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter shall be made to the Board of Adjustment pursuant to the provisions of this section.
B. Appeal Process:
1. Filing Of Appeal: Appeals to the Board of Adjustment may be made by persons aggrieved or by any City officer, department, board or bureau affected by a decision of the Zoning Administrator. An appeal shall be filed with the Community Development Department on a form established by the Director. Within five (5) working days after the appeal is filed, the Zoning Administrator shall transmit all records pertaining to the action appealed to the Board. The appeal shall set forth the decision or decisions being appealed and the grounds upon which the appeal is based. The appeal shall be accompanied by any applicable fees.
2. Complaint For Special Action: A person aggrieved by a decision of the legislative body or Board of Adjustment or a taxpayer who owns or leases the adjacent property or a property within three hundred feet (300') from the boundary of the immediately adjacent property, a City officer or a department affected by a decision of the legislative body or board, may file a complaint for special action in the Superior Court to review the Board of Adjustment decision.
3. Appeal Period: All appeals shall be filed within fifteen (15) calendar days of the decision, except for appeals from decisions of the Board of Adjustment or City Council. An appeal from any decision regarding a City Council or Board of Adjustment action (e.g., variances, text or map amendments) shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within the relevant fifteen- or thirty-day protest period, the decision shall be considered final.
4. Proceedings Stayed By Appeal: The timely filing of an appeal, except for appeals related to the Zoning Administrator's interpretation or enforcement of this chapter, shall stay all proceedings in the matter appealed.
5. Appeals: Appeals made to the Board of Adjustment pertaining to the Zoning Administrator's interpretation or enforcement of this chapter shall stay all proceedings in the matter appealed, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, 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.
6. Court Proceedings: Filing a complaint in the Superior Court 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.
7. Public Notice: Prior to consideration of any appeal for which State law or this chapter requires a public hearing, the City shall provide public notification in compliance with section 21-6-2.5, "Public Notice Requirements", of this section 21-6-2 or as required by State law, whichever requires the most notice.
8. Standards: When reviewing any decision on appeal, the decision-making body shall use the same standards for decision- making required for the original decision.
9. Hearing Body Action: Public hearings shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. The decision-making body for the appeal shall deny or grant the appeal or the decision-making body may remand the matter to the original decision-making body for reconsideration, for additional information or to cure a deficiency in the record or proceeding. The decision-making body shall render its decision within thirty (30) days of the date the hearing is closed unless State law requires a shorter deadline. (Ord. 18-880, 7-23-2018)
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