Section 303. Board of Adjustment.
A. Creation of Board of Adjustment. A Board of Adjustment is hereby created.
1. The Board of Adjustment shall be composed of seven members who shall be residents of Phoenix and who shall serve without pay. Members shall be appointed by the Council of the City of Phoenix. Each appointment shall be for a term of four years, except that in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term.
2. The Board shall elect a chairman and a vice-chairman from among the members appointed by the City Council. The chairman and vice-chairman shall have power to administer oaths and take evidence.
3. 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 Planning and Development Department as a public record.
B. Authority of the Board of Adjustment.
1. The Board of Adjustment shall have the authority 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 the Zoning Ordinance.
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 ordinance.
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.
2. The Board of Adjustment 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 Ordinance; 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. Procedure before the 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 Planning and Development Department, and shall specify the basis of the appeal.
2. Any appeal shall be heard by the Board of Adjustment. A quorum of the Board consisting of four members not otherwise disqualified, 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. An appeal may be reheard only when there has been a manifest error affecting the Board’s action.
4. Any person aggrieved by any decision of the Board, or any taxpayer or municipal officer, 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-4427, 2002; Ord. No. G-5594, 2011)