2.2.5. BOARD OF ADJUSTMENT

   The Board of Adjustment (B/A) is established to hear and decide requests for variances from provisions of the UDC , appeals of Zoning Administrator’s interpretations, appeals by the applicant from administrative design review decisions, appeals from limited notice procedure decisions and other land use issues as provided by the UDC . The B/A serves in the capacity of a “Board of Adjustment” as provided by the Arizona Revised Statutes.

   A.   Composition

   The B/A consists of seven members as provided below.

      1.   Appointment

      Each member of the City Council appoints one B/A member who must be a resident of the appointing Council member’s ward. The Mayor appoints one B/A member who must be a resident of the City . Should an appointment not be made within 30 days of the date the position becomes vacant, the appointment can be made by a majority vote of the Mayor and Council. All members of the B/A serve without compensation.

      2.   Qualifications

      No member of the B/A may hold any City , county , or state elective office or be a permanent employee of the City while a member of the B/A.

      3.   Terms and Removal from Office

      The term of appointment and the removal of a member of the B/A shall be in accordance with Tucson Code, Chapter 10A, Article XIII.

      4.   Vacancies

      Any position on the B/A that is vacated shall be filled by appointment as described in Section 2.2.5.A.1. An appointment to fill an unexpired term shall be for the unexpired portion of the term.

   B.   Administrative Functions

   The B/A’s administrative functions shall be accomplished as follows.

      1.   Election of Officers

      The B/A shall elect a Chair and Vice Chair from among its members. The terms of the Chair and Vice Chair are one year which shall commence in February of each year.

      2.   Meetings

      The B/A shall hold at least one meeting per month, except when there are no agenda items that require action, but shall hold as many meetings as necessary to conduct its business in a timely manner. All meetings shall be open to the public, with the exception of executive sessions.

      3.   Quorum and Voting

      Four members of the B/A present at a meeting constitute a quorum. A concurring vote of four members is necessary to decide any matter within its powers and duties as provided in Section 2.2.5.C. On all other matters before the B/A, a simple majority of those members present is sufficient to approve a motion.

      4.   Records

      The Planning and Development Services Department (PDSD) shall keep public records of the B/A’s hearings, findings, and decisions.

      5.   Rules of Procedure

      The B/A shall adopt rules of procedure necessary to carry out its functions. Copies of such rules shall be available to the public through the PDSD.

   C.   Powers and Duties

   The B/A shall perform the following duties.

      1.   Appeals of UDC Interpretations

      The B/A hears and decides appeals from interpretations made by the Zoning Administrator in the interpretation, application, or enforcement of the UDC or in the determination of a zone boundary location as provided in Section 1.5.1. For detailed enumeration of the procedures and standards for B/A decisions, see Section 3.10.1, General Board of Adjustment Procedure.

      2.   Variances from UDC Provisions

         a.   Variance Powers Granted to Board of Adjustment

         The B/A hears and decides requests for variances from the provisions of the UDC in accordance with Sections 3.10.1 and 3.10.3, Board of Adjustment Variance Procedure, and standards for a B/A decision.

         b.   Variance Powers Not Granted the Board of Adjustment

         The B/A may not:

            (1)   Delete or vary any use-specific standards applicable to a special exception land use as required by the UDC or as established as a condition by the decision-making body in granting the use, unless specifically allowed by the UDC ;

            (2)   Make any changes in the uses permitted in any zoning classification;

            (3)   Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;

            (4)   Grant a variance to any administrative requirement of the UDC or to any requirement which is not a specific development regulation or use-specific standards required of a land use ; or,

            (5)   Grant a variance to the use-specific standards required of educational uses as provided in Section 4.9.3.E.

   D.   Appeals of City Zoning Map Interpretation

   The B/A hears and decides appeals of Zoning Administrator’s interpretations of the official City Zoning Maps in determining exact locations of zone boundary lines as shown on the City Zoning Maps in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.

   E.   Appeals of Design Development Option (DDO) Decision

   The B/A hears and decides appeals of decisions by the PDSD Director on DDO applications in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.

   F.   Appeals of Administrative Design Review Decision

   The B/A hears and decides appeals of decisions by the PDSD Director on Administrative Design Review applications in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure. In considering the appeal, the B/A shall apply the same findings required of the PDSD Director .

   G.   Appeals of Design Review Board (DRB) Decision on Neighborhood Preservation Zone (NPZ) Permit

   In accordance with Section 5.10.3.I, the B/A hears and decides appeals of the DRB affirming or reversing the Director’s decisions of compliance or non-compliance with the neighborhood-specific design manual and compatibility review criteria in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure.

   H.   Other Responsibilities

   The B/A shall perform such other functions as may be required by the UDC .