Section 502. Procedures of general applicability.
A. Use permits, location of district boundary. Applications for use permits or location of a district boundary may be filed by any person, the City of Phoenix, or by any federal, State, County, school district or City governmental agency owning property subject to the provisions of this ordinance. Any potential applicant noted above must be the real property owner or provide a letter of authorization to file on the behalf of the property owner, in order to file an application for zoning adjustment.
B. Appeals. Applications for appeals to the Board may be filed by any person, the City of Phoenix, or by any federal, State, County, school district or City governmental agency, only when aggrieved by a decision or interpretation made by the Zoning Administrator providing such appeal is based on an allegation that the Zoning Administrator has:
1. Made an error in his interpretation of this ordinance; or that
2. The point in question is not covered by this ordinance.
C. Variance. Applications for variance may be filed by any person, the City of Phoenix, or by any Federal, State, County, school district or City governmental agency based on the allegation that an unnecessary property hardship, which substantially limits the preservation and enjoyment of property rights results from the provisions of this ordinance. Any potential applicant noted above must be the real property owner or provide a letter of authorization to file on the behalf of the property owner, in order to file an application for zoning adjustment.
D. Procedures.
1. Such applications and appeals must be filed, in the manner provided and after payment of fees as prescribed by this ordinance, within fifteen days from the time the officer charged with enforcement of the ordinance refuses to grant any such application or permit required.
2. Appeals and applications shall be made on forms provided by the Planning and Development Department and shall specify, by allegation or allegations, the basis of the application or appeal.
An application or appeal must further state the specific modification of such error, or the specific variation or variations from the provisions of this ordinance requested to alleviate the error or hardship alleged.
3. Applications for zoning adjustment or appeals shall be accompanied by a fee which is set forth in an ordinance, a copy of which is on file with the City Clerk and which is available in the Planning and Development Department.
Editor’s note—A copy of the ordinance setting forth zoning fees is included herein as app. A.
4. An appeal to the Board stays all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board hearing the application that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board hearing the application or by a Court of Record on application and notice to the officer from whom the appeal is taken. Proceedings shall not be stayed if the appeal requests relief which has previously been denied by the Board, or which was previously denied by the Zoning Administrator and not appealed to the Board, except pursuant to a court order in accordance with A.R.S. § 9-462.06.
5. The Zoning Administrator shall fix a reasonable time for the hearing and give notice thereof to the parties in interest and the public by posting the property of the applicant at least five days prior to the hearing. It shall be the responsibility of the applicant to maintain the posting once erected.
6. The Board shall fix a reasonable time for its hearings and give notice thereof to the parties in interest and the public by publishing notice in a newspaper of general circulation in the City of Phoenix, giving at least fifteen days’ notice of such hearing; and by posting the subject property at least five days prior to the hearing. It shall be the responsibility of the applicant to maintain posting once erected. (Ord. No. G-4344, 2001)