ZDC, Section 1-305          Hearing Officer

 A.            Hearing Officer – Creation and Purpose. The Hearing Officer shall be appointed by the Development Services Manager or designee.  The Hearing Officer is created to conduct public hearings on specific applications as noted in Section 1-305 B.

B.            Hearing Officer – Duties and Powers. The Hearing Officer shall have the duty to carry out the provisions and intent of the General Plan and this Code.  The Hearing Officer shall have the power to hold a public hearing to review and approve, continue, deny, or approve with conditions, the following:

1.                  Use permit applications pursuant to Section 6-308;

2.                  Variance applications pursuant to Section 6-309;

3.                  Rental housing code appeals pursuant to Chapter 21 of the Tempe City Code; and

4.                  Abatements pursuant to Chapter 21 of the Tempe City Code and Section 6-310.

The Hearing Officer may in connection with any application, impose conditions deemed necessary in order to fully carry out the provisions and intent of this Code, pursuant to Part 6, Chapter 6, Conditions of Approval.  Violation of any Hearing Officer condition shall be a violation of this Code.

C.        Hearing Officer – Procedure.  Public hearings conducted by the Hearing Officer shall be open to the public and conducted in accordance with Part 6, Chapter 5, Public Meetings and Public Hearings.  The public shall be given an opportunity to testify orally or in writing.  The minutes of its proceedings in accordance with Section 6-503, shall be kept by the City Clerk as a public record.

D.        Hearing Officer – Appeals.  Any person aggrieved by a decision of the Hearing Officer under this Code may file an appeal to the Board of Adjustment, or the Redevelopment Review Commission as applicable, within fourteen (14) calendar days after the Hearing Officer has rendered its decision, in accordance with Part 6, Chapter 8, Appeals. Appeals of the decisions of the Hearing Officer shall be heard de novo by the Board of Adjustment, or the Redevelopment Review Commission as applicable.

             State law reference — A.R.S. §9-462.08 Hearing officer

ZDC, Section 1-306          Board of Adjustment.

A.         Board of Adjustment – Creation and Purpose.  The Board of Adjustment is created to hold public hearings, as noted in Section 1-306 B, to provide relief from the terms of this Code, to hear applications and to hear and decide appeals from decisions of the Hearing Officer or Zoning Administrator.

State law reference — A.R.S. 9-462.06(A) Board of adjustment (creation)

B.         Board of Adjustment – Duties and Powers.  The Board of Adjustment shall have the duty to carry out the provisions and intent of this Code. The Board of Adjustment shall have the power to hold Public Hearings to review and approve, continue, deny, or approve with conditions, applications for variances and use permits in accordance with Section 6-308 and 6-309, and appeals from decisions of the Hearing Officer or Zoning Administrator. The Board of Adjustment holds concurrent jurisdiction with the Redevelopment Review Commission in accordance with Section 1-308.

1.         The Board of Adjustment shall hold a public hearing to review and approve, continue, deny or approve with conditions the following:

a.      Use permit applications pursuant to Section 6-308;

b.      Variance applications pursuant to Section 6-309;

c.      Appeals from any decision made by the Hearing Officer; and

d.      Appeals from any decision made by the Zoning Administrator.

2.        The Board of Adjustment shall 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 the restriction in this paragraph shall not affect the authority to grant variances pursuant to this Code; and

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

3.         The Board of Adjustment may, in connection with any application, impose conditions as the Board deems necessary in order to fully carry out the provisions and intent of this Code, pursuant to Part 6, Chapter 6. Violation of any Board of Adjustment condition shall be a violation of this Code.

State law reference — A.R.S. 9-462.06(H). Board of adjustment.

C.         Board of Adjustment – Organization.

1.         The Board of Adjustment shall consist of seven (7) regular members and two (2) alternate members.  Whenever regular members are unable to attend or must decline due to conflict of interest, the alternate members shall serve at the board hearings.  All members shall be a resident of the city, and shall be appointed by the Mayor with approval of the City Council.  Each Board of Adjustment member shall serve a term of three (3) years, unless they submit written resignation to the Mayor and City Council, or unless sooner removed by the Council, and their term shall be staggered so that the terms of at least two (2), but not more than three (3) members conclude in any given year.  No member shall serve more than two (2) complete consecutive terms.  Nothing herein shall affect the expiration of the current terms of the Board of Adjustment.  Vacancies for the unexpired term of a member shall be filled by the Mayor with approval of the City Council.  The members of the Board of Adjustment shall serve without compensation;

2.         The Board of Adjustment shall elect a chairperson and vice-chairperson from among its own regular members who shall have power to administer oaths, take evidence, and set consent agendas;

3.         Hearings of the Board of Adjustment shall be open to the public in accordance with Part 6 Chapter 5, Public Meetings and Public Hearings.  The public shall be given an opportunity to testify orally or in writing.  The minutes of its proceedings in accordance with Section 6-503, showing the vote of each member, records of the boards’ examinations and other official actions, shall be kept by the City Clerk as a public record;

4.         The Board of Adjustment shall adopt rules of procedure consistent with the provisions of this Code for the conduct of its business and procedure;

5.         A quorum consists of four (4) members of the Board of Adjustment.  The concurring vote of four (4) members of the Board of Adjustment shall be necessary to act on any matter on its agenda, except that consent agenda items may be approved or continuances administratively granted as provided for in this section.  In the event that Board members are not sufficiently available to make a quorum, one staff member is authorized to act as an alternate member on consent agenda items only and only to the extent that their presence makes a quorum.  Robert’s Rules of Order shall govern any other motion; and

6.         The Development Services Manager, or a designated representative, shall serve ex officio as the secretary of the Board of Adjustment.

D.         Board of Adjustment – Appeals.  Any person aggrieved by a decision of the Board of Adjustment under this Code may file an appeal to the Maricopa County Superior Court within thirty (30) calendar days after the Board has rendered its decision, in accordance with Part 6, Chapter 8, Appeals.

               State law reference — See A.R.S 9-462.06 (K) Board of adjustment (appeal of decisions)

E.         Board of Adjustment – Reconsideration.  Reconsideration of Board of Adjustment decisions shall comply with Part 6, Chapter 7, Re-Application and Reconsideration of Decisions.

The public is encouraged to contact the Board of Adjustment staff at (480) 350-8331 (or see agendas page) with questions on any aspect of a project. Click Zoning and Development Code to reference the above.