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A. Any person aggrieved by a formal written order, decision, or determination of technical requirements made by the Building Official or Planning and Development Director may request a hearing by the Board. Appeals shall be made in writing on a form provided by the Planning and Development Director and shall be accompanied by a nonrefundable appeal fee as set forth in appendix A.2 of the Phoenix City Code. Appeals must be filed within ten days of the decision of the Building Official or Planning and Development Director. All appeal hearings shall be open and public, and any person whose interest may be affected by a decision of the Board shall be given an opportunity to be heard. The Board shall render all decisions in writing.

B. Grounds for appeal. Appeals may be filed only when it is claimed that:

1. The true intent of the codes or ordinances described in the Phoenix Construction Code and technical development standards contained in chapters 28, 31, 32, 32A, 32B, and 37 of the Phoenix City Code have been incorrectly interpreted.

2. The provisions of the Codes or ordinances described in paragraph (B)1. above do not fully apply;

3. An alternate method of complying with Code or ordinance requirements should be approved because the standards set forth below are met. The burden of proof shall be on the aggrieved person to demonstrate that the standards are met.

a. Special circumstances or conditions apply to this permit application; and

b. Authorizing the alternate method is necessary for the preservation and enjoyment of substantial property rights; and

c. Authorizing the alternate method will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and

d. Authorizing an alternate method of compliance will achieve the intent of the subject codes or ordinances and authorizing the alternate method will not lessen any life safety requirement, any traffic safety requirement, any fire protection requirement, any structural integrity, or any capacity of a required sewer, water, or drainage system.

4. The Board may not waive any of the provisions of the applicable Code or ordinance.

5. Board members shall not receive any oral or written communication on appeals which are pending before the Board, or which may later come before the Board, except testimony and other evidence presented in public hearings on the appeal, copies of the official file on the appeal and written communications furnished to the Board by the Board Secretary. A Board member who engages in oral communications or reviews written communications on an appeal, other than allowed as stated above, shall be disqualified to participate in that appeal.

C. The Board may:

1. Affirm the decision of the Building Official, City Manager’s representative or Planning and Development Director.

2. Remand the matter for further proceedings before the Building Official, City Manager’s representative or Planning and Development Director.

3. Reverse or modify the decision of the Building Official, City Manager’s representative or Planning and Development Director.

D. The Board shall have no jurisdiction over any requirement that a permit must be obtained, decisions to pursue enforcement actions in accordance with the provisions of the City Code, or the amount of any fee prescribed by the City Code. (Ord. No. G-4175, §§ 1, 2, 1999; Ord. No. G-5570, § 1(Exh. A), 2010; Ord. No. G-5590, § 1, 2011)