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 , appeals of Zoning Administrator’s interpretations, appeals by the applicant from administrative design review decisions, appeals from limited notice procedure decisions and other issues as provided by the . 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 . Should an appointment not be made within 30 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 , , or elective office or be a permanent employee of the 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 Interpretations
      The B/A hears and decides appeals from interpretations made by the Zoning Administrator in the interpretation, application, or enforcement of the or in the determination of a 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  Provisions
         a.   Variance Powers Granted to Board of Adjustment
         The B/A hears and decides requests for variances from the provisions of the 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 as required by the or as established as a condition by the decision-making body in granting the use, unless specifically allowed by the ;
            (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 or to any requirement which is not a specific regulation or use-specific standards required of a ; 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 Interpretation
   The B/A hears and decides appeals of Zoning Administrator’s interpretations of the official in determining exact locations of lines as shown on the 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 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 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 .
   G.   Appeals of Design Review Board (DRB) Decision on Neighborhood Preservation (NPZ) Permit
   In accordance with Section 5.10.3.I, the B/A hears and decides appeals of the DRB affirming or reversing the ’s decisions of compliance or non-compliance with the neighborhood-specific design manual and 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 .