The purpose of this section is to allow appeals from the decisions of administrative officers to ensure that the regulations in this Code are administered consistently with the policies adopted by the Council.
(A) Building Code appeals. Building Code appeals shall be in accordance with the current Building Code.
(B) Zoning appeals. Appeals to decisions made by the Community Development Director shall be heard by the Board of Adjustments. Appeals may be made by any person aggrieved by any officer, Board, or department, of the town affected by any decision or interpretation made by the Community Development Director while administering this Code.
(1) Requests to appeal the decision of the Community Development Director shall be made on an application form specifying the grounds for the appeal with the required documentation as specified by the Community Development Director. Appeals shall be filed within 30 calendar days of the date of the decision or interpretation.
(2) Any appeal, unless otherwise provided by law, shall stay all proceedings in the manner appealed from, unless the Community Development Director certifies that a stay would cause imminent peril to life or property.
(3) The Board of Adjustments shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with A.R.S. § 9-462.04 and posting the notice in conspicuous places close to the property affected.
(4) Findings by the Board of Adjustments. When considering an appeal of a decision or interpretation made by the Community Development Director, the Board of Adjustments shall make its determination based on the following findings:
(a) The Community Development Director did or did not evaluate all relevant provisions of this Code;
(b) The Community Development Director did or did not consider all relevant information related to the decision or interpretation; and
(c) The Community Development Director's decision was in error.
(5) If the Board of Adjustments determines that the decision or interpretation made by the Community Development Director was in error, the resulting decision by the Board shall not constitute an amendment to this Code by permitting a use not otherwise allowed, or waive the development standards of the zoning district in which the property is located.
(Ord. 466, passed 2-22-96)