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A. Creation; composition; terms of members; vacancies; compensation of members. There is hereby created an Airport Board of Adjustment to be known as "The Airport Board of Adjustment" or "Board." The Board shall be composed five members who shall be residents of Phoenix and who shall serve without pay. Members shall be appointed by the City Council of Phoenix. Each appointment shall be for a term of three years, except that in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term.

The Board shall elect a Chair and a Vice-chair from among the members appointed by the City Council. The Chair and Vice-chair shall have power to administer oaths and take evidence.

The Board may adopt rules and procedures in keeping with the provisions and intent of this Article as are necessary to the conduct of its business. Such rules and procedures, together with the provisions of this Article, may be subject to continuing study to ensure that the interests of both the City and its citizens are being served.

Meetings of the Board shall be open to the public. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the Office of the City Clerk as a public record.

B. Powers and duties; regulations. It shall be the duty of the Board to:

a. Hear and decide appeals in which it is alleged there is an error in an order, requirement, or decision made by the Zoning Administrator in the enforcement of this Article.

b. Hear and decide appeals from the action of the Zoning Administrator in the granting or denying of variances, the issuance of use permits, or in the interpretation of the provisions of this Article.

c. Hear and decide all matters referred to the Board by the Zoning Administrator.

d. Reverse or affirm, wholly or in part, or modify the order, requirement, or decision of the Zoning Administrator appealed from, and make such order, requirement, decision, or determination as necessary.

The Board may not:

a. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning article; provided that the restriction in this paragraph shall not affect the authority to grant variances.

b. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

c. Grant a variance that will negatively impact terminal or emergency aircraft procedures, or that will be materially detrimental to persons or aircraft operating in the vicinity, to adjacent property, or to the public welfare in general.

d. Consider an application for an expansion of a nonconforming structure, or any variance pertaining to a nonconforming structure.

Appeals from rulings and interpretations of the zoning administrator regarding nonconforming structures may be heard only to determine that an obstacle is, or is not, a legal non-conforming use.

C. Procedure before the Airport Board of Adjustment.

1. Appeals from an order, requirement, or decision made by the Zoning Administrator, may be made by any person or governmental agency, on forms provided by the Zoning Administrator, and shall specify the basis of the appeal.

2. Any appeal shall be heard by the Board. A quorum of the Board consisting of three members shall be necessary to hear any matter. The concurring vote of a majority of members present and not otherwise disqualified shall be necessary to reverse or modify an order, requirement, or decision of the Zoning Administrator, otherwise such order, requirement, or decision shall be affirmed.

3. The Board may grant variances from the terms of this Article when a literal enforcement of any provision of this Article would result in unnecessary property hardship; or, when evidence is presented to the satisfaction of the Board that all of the following conditions are met.

a. That special conditions and circumstances exist which are peculiar to the land or obstacle or use involved, and which are not applicable to other lands, or obstacles in the same zone.

b. That such special circumstances were not created by the owner or applicant.

c. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights.

d. That the authorizing of the application 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.

4. In granting a variance the Board may stipulate certain requirements in order to fully carry out the provisions and intent of this Article, such as a limitation of the time for which the variance may be effective, or that the owner, at their expense, install, operate and maintain such markers and lights as may be deemed necessary by the aviation director to indicate the presence of an airport hazard.

A violation of any stipulation shall be considered a violation of this Article and such violation shall render the variance null and void.

5. An appeal may be reheard only when there has been a mistake of law or fact affecting the Board’s action.

6. Any person aggrieved by any decision of the Board, or a taxpayer, or officer or department of the municipality affected by the decision, may within thirty days after the Board has rendered its decision, file a complaint for special action in the Superior Court to review the Board’s decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the Court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed. (Ord. No. G-5179, § 1, 2008)