The Board of Adjustment shall be established as in Ordinance 259 of the city (A.R.S. § 9-462.06).
A. Members. The Board of Adjustment shall consist of the members of the City Council.
B. Powers and duties.
1. The City Council may, by ordinance, delegate to a hearing officer the authority to hear and decide on matters of the Board of Adjustment, except that the right of appeal from the decision of a hearing officer to the Board of Adjustment shall be preserved.
2. The ordinance shall provide for public meetings of the Board, for a Chairperson with the power to administer oaths and take evidence, and that minutes of its proceedings showing the vote of each member and records of its examinations and other official actions be filed in the office of the Board as a public record.
3. A Board of Adjustment shall hear and decide appeals from the decisions of the Zoning Administrator, shall exercise any other powers as may be granted by the ordinance, and adopt all rules and procedures necessary for the conduct of its business.
4. Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of the Zoning Administrator, within a reasonable time, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall immediately transmit all records pertaining to the action appealed from to the Board.
5. 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 by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon the 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. Proceedings shall not be stayed if the appeal requests relief which has previously been denied by the Board, except pursuant to a special action in superior court as provided in division B.10. below.
6. The Board 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.
7. A Board of Adjustment shall:
a. Hear and decide appeals in which it is alleged there is an error in a decision made by the Zoning Administrator in the enforcement of this article;
b. Hear and decide appeals for variances from the terms of this article only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this article will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to the conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located; and
c. Reverse or affirm the order, requirement, or decision of the Zoning Administrator appealed from, and make the order, requirement, decision, or determination as necessary.
8. A Board of Adjustment may not:
a. Make any changes in the uses permitted in any zoning district, or make any changes in the terms of this article, provided the restriction in division B.8.b. below shall not affect the authority to grant variances pursuant to this article; and/or
b. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
9. If the City Council is established as the Board of Adjustment, it shall exercise all of the functions and duties of the Board of Adjustment in the same manner and to the same effect as provided in this section.
10. A person aggrieved by a decision of the Board may, at any time within 30 days after the Council has rendered its decision, file a complaint for special action in the Superior Court to review the legislative body decision. Filing the complaint does not stay proceedings on the decision, but the court may, on application, grant a stay and, on final hearing, may affirm or reverse or modify the decision reviewed.
(Ord. passed - -)