Phoenix City Zoning Code

CHAPTER 3

Decisionmaking and Administrative Bodies

1Editor’s note—Ord. No. G-5599, (TA-4-11), § 1, adopted March 23, 2011, effective April 22, 2011, amended portions of the Zoning Ordinance of the City of Phoenix, Arizona, to reflect the consolidation of the Planning Department with the Development Services Department and change all references to the department name to Planning and Development Department.

Section 301. City Council.

(Reserved.)

Section 302. Planning Commission.

(Reserved.)

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.

Section 304. Hearing Officers.

(Reserved.)

Section 305. Planning and Development Department.

(Reserved.)

Section 306. Department of Planning and Development.

(Reserved.)

Section 307. Zoning Administrator.

A. Authority and duties of the Zoning Administrator. There is hereby created in the City Planning and Development Department a Zoning Administrator. The Zoning Administrator shall be appointed by the Planning and Development Director and shall be under their direction. The Zoning Administrator may appoint Deputy Zoning Administrators to perform the functions of the Zoning Administrator and to act under their direction. The Zoning Administrator shall:

1. Enforce the provisions of this Zoning Ordinance.

2. Accomplish all administrative actions required by the ordinance, including the giving of notice, holding of hearings, preparation of reports, receiving and processing appeals, and the acceptance and accounting for fees.

3. Subject to the supervision of the Planning and Development Director, and to general and specific policy laid down by the Planning Commission and City Council, interpret the Zoning Ordinance to members of the public, to City departments, and to other branches of government.

4. Undertake preliminary negotiation with, and provide advice to, all applicants for zoning adjustment action.

5. Appoint a secretary for the Board of Adjustment.

6. Report regularly to the Planning and Development Director on the conduct of his office, including number of cases handled and their disposal and recommendations for changes and improvements in ordinance regulations and procedures.

7. Hear applications for and grant those special exceptions designated as use permits where required by this ordinance upon a finding that the use covered by the permit, or the manner of conducting the same:

a. Will not cause a significant increase in vehicular or pedestrian traffic in adjacent residential areas; or emit odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding that of ambient conditions; or contribute in a measurable way to the deterioration of the neighborhood or area, or contribute to the downgrading of property values.

b. Will be in compliance with all provisions of this ordinance and the laws of the City of Phoenix.

c. No structure, building, or land shall be used where a use permit is specifically required by the terms of this ordinance until a use permit for such use shall have been granted by the Zoning Administrator or Board of Adjustment;

d. Any structural alteration to the interior or exterior of a structure or building containing any of the uses referred to in paragraphs a and b above, other than maintenance, shall require the securing of a use permit;

e. Any use permitted subject to a use permit shall continue to be subject to said permit in any less restrictive district unless such use shall specifically appear as a permitted use;

f. Structures or buildings devoted to any use which is permitted under the terms of this ordinance, subject to the securing of a use permit, may be altered, added to, enlarged, expanded, or moved from one location to another on the lot only after securing a new use permit, unless the Zoning Administrator or Board of Adjustment has previously issued a use permit for such alteration, addition, enlargement, or expansion; and any use of the land which is permitted under the terms of this ordinance, subject to the securing of a use permit, may be extended over the lot on which such use is located only after securing a new use permit, unless the Zoning Administrator or Board of Adjustment has previously issued a use permit for such extension;

g. A use permit may only be revoked by the Zoning Administrator upon a finding that there has been material noncompliance with a condition prescribed in conjunction with the issuance of the use permit or that the use covered by the permit or the manner of conducting the same violates the standards listed in this section that govern the granting of the permit;

h. Revocation of a use permit shall become final only after:

(1) The fifteen-day period expired within which an appeal may be filed; or

(2) A decision of the Board of Adjustment upholding the revocation.

8. When a lot is divided by a district boundary, but only when at least fifty percent of the lot area is within the less restricted district, to grant a use permit for the extension of a use which is permitted in a less restricted district into the more restricted district to a maximum of twenty-five feet, and subject to all regulations of the less restricted district.

9. Authorize upon application and hearing such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of any provisions of the ordinance would result in unnecessary property hardship.

A variance shall not be authorized unless the Zoning Administrator shall find upon sufficient evidence:

a. That there are special circumstances or conditions applying to the land, building, or use referred to in the application and which do not apply to other properties in the district; and

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

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

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;

e. That when a variance is requested for a property subject to the Downtown Code (Chapter 12), the Design Review Committee shall first review and provide a written recommendation regarding the variance request, as required in Section 1224.C.

10. The Zoning Administrator may not:

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

11. Refer any of the matters on which he is authorized to rule or issue a permit to the Board of Adjustment for action.

12. Prescribe in connection with any use permit or any variance such conditions as he may deem necessary in order to fully carry out the provisions and intent of this ordinance. Such conditions applying to a use permit may include, among other things, a limitation of the time for which such permit shall be valid. Violations of any such condition shall be a violation of this ordinance and such violation shall render the use permit or variance null and void.

13. Such use permits and/or variances as are granted by the Zoning Administrator shall be void if the use is not commenced or if a building permit has not been obtained within sixty days of such granting or within the time stipulated.

14. Determine the location of any district boundary shown on the zoning map adopted as a part of this ordinance when such location is in doubt.

15. The Zoning Administrator may hear application concerning property upon which a previous application has been heard only when:

a. The application does not involve the same request for use permit, determination of location of district boundary line, or alleging the same misinterpretation, point of noncoverage, or hardships as the previous application, or when:

b. The application does not contain the original request for specific variance; or

c. Substantial change in the use of adjacent property has occurred since the previous application was heard; or

d. A period of not less than one year has passed since the previous application was heard; or

e. The previous application was closed without hearing when neither the property owner nor his representative were present at the time such application was scheduled for hearing.

16. Temporary helistops. Use permits for temporary helistops may be approved for a period of not more than one year for sites located in any zoning district subject to:

a. Demonstration of minimum adverse environmental impact to any neighborhood in the area of the site.

b. Evidence shown that the site complies with provisions of the Phoenix Fire Code, and FAA "Notice of Landing Area Proposal," and a letter of no objection has been received from the FAA.

Extension of the original use permit for temporary helistops may be obtained by applying for said extension prior to the one year expiration date.

17. Entertainment district alcohol sales and service.

a. Authorize, upon application and hearing, a use permit for alcohol sales and service within an entertainment district requiring an exemption pursuant to Section 4-207(C)(4), Arizona Revised Statutes.

b. The City Council may only approve an exemption authorized by Section 4-207(C)(4), Arizona Revised Statutes, to a property that has an approved use permit for alcohol sales and service.

B. Time Limit. The Zoning Administrator shall act upon or refer to the Board any matter brought before him within sixty days of the date of filing or within such longer period of time as may be agreed to by the Zoning Administrator and the applicant. If no decision has been made at the expiration of such time limit, the application shall be deemed to have been denied for purposes of the applicant’s right to further administrative review.

Section 308. Design Standards Committee.

A. Powers and Duties. The Design Standards Committee shall have the following powers and duties under the provisions of these regulations:

1. To develop design standards, policies and guidelines and to recommend to the City Council the adoption of appropriate policy manuals and amendments to the development standards contained in these regulations;

2. To review and make recommendations to the City Council on all specific plans and other City studies including design guidelines to ensure formats compatible with the City-wide design guidelines;

3. To evaluate the success being achieved in meeting the goal of a higher quality of design in the City;

4. To periodically make recommendations to the City Council for changes to design standards, policy manuals and procedures; and

B. Membership. Members of the Design Standards Committee shall be appointed and removed as follows:

1. The Design Standards Committee shall be composed of the following members:

a. One member of the Planning Commission;

b. Two residents who are not part of the groups described in subsections c and d below, and who have served at least two years on a Village Planning Committee;

c. Two representatives of owners and developers of projects that are subject to design review; and

d. Three design professionals, such as architects, landscape architects, planners, and civil engineers.

e. One member of the Parks and Recreation Board.

2. The members of the Design Standards Committee shall be appointed by the City Council, except for the Planning Commission member who shall be selected by the Planning Commission and the Parks and Recreation member who shall be selected by the Parks and Recreation Board, and shall serve without pay.

3. Except for the Planning Commission member, each appointment shall be for a term of two years, and no member shall serve more than two successive terms. The Planning Commission member shall serve for two years, but the term shall not be renewable.

4. Except for the Planning Commission member, in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term by the City Council. The vacancy of a Planning Commission member shall be filled by the Planning Commission. The Parks and Recreation Board shall fill a vacancy of a Parks and Recreation member.

Section 309. Design Review Committee.

A. Powers and Duties. The Design Review Committee shall have the power and duty under the provisions of these regulations to hear specific items appealed by the development review applicant contesting decisions made by the Planning and Development Department regarding the interpretation and implementation of design guidelines and architectural diversity standards, to review and approve design alternatives and sustainability bonuses for properties within the boundaries of the Downtown Code, and to review and approve design alternatives and modification to properties with Walkable Urban Code zoning.

B. Membership. Members of the Design Review Committee shall be appointed and removed as follows:

1. The Design Review Committee shall consist of nine members who are residents of the City of Phoenix, no more than two of whom may be members of the Design Standards Committee, composed as follows:

a. One member of the Planning Commission;

b. Two members of the Central City Village Planning Committee;

c. Two residents;

d. One representative of an owner or developer of projects that are subject to design review; and

e. Three design professionals, such as architects, landscape architects, planners, and civil engineers.

2. The members of the Design Review Committee shall be appointed by the City Council, except the Planning Commission member who shall be selected by the Planning Commission, and shall serve without pay.

Section 310. Village Planning Committees.

(Reserved.)

Section 311. Zoning Disability Accommodation Committee.

A. Responsibilities. The Zoning Disability Accommodation Committee shall administratively review disability accommodation applications pursuant to Section 701.E.3.b. The Committee shall issue a written decision within 60 days after the application has been deemed administratively complete. An application is not considered administratively complete until the requirements have been completed pursuant to the Planning and Development Department policy and procedures established for disability accommodation requests. The decision shall be included in a report with findings that address the following:

1. The requesting party or occupants of the housing for which the request is made are protected under the Fair Housing Act and/or the Americans with Disabilities Act by demonstrating that they or the residents of the proposed housing are individuals with disabilities, as defined in this Zoning Ordinance.

2. The proposed disability accommodations being sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request.

3. A request for a disability accommodation to permit more than ten unrelated individuals to occupy a community residence home meets the standards for community residence home as defined in this Zoning Ordinance.

a. The primary function of the proposed community residence home is residential where any treatment is merely incidental to the residential use of the property.

b. The proposed community residence home emulates a biological family and operates as a functional family rather than as an institution, boarding house, nursing home, short-term vacation rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, or a nonresidential use.

4. The requested number of residents in the proposed community residence home will not interfere with the normalization and community integration of the occupants of any existing community residence home, and that the home will maintain a residential character.

B. Membership. Members of the Zoning Disability Accommodation Committee shall consist of five members composed as follows:

1. Planning and Development Department Director, or his or her designee.

2. Neighborhood Services Department Director, or his or her designee.

3. Equal Opportunity Department Director, or his or her designee.

The following members shall be appointed by the City Manager:

4. A representative from a City of Phoenix registered neighborhood organization.

5. A representative from the community residence home or center industry.

C. The Planning and Development Director shall appoint a Committee secretary, adopt Committee procedures consistent with applicable Zoning Ordinance provisions, and provide other administrative support for the Committee.

D. If the Committee does not issue a decision within 60 days after the application has been deemed administratively complete, the Planning and Development Director shall issue a final decision on the accommodation request filed pursuant to this section.

Section 312. Technical Appeals Committee.

A. Powers and Duties. The Technical Appeals Committee (TAC) shall have the power and duty under the provisions of these regulations to hear specific items appealed by the applicant contesting a decision on a technical item or infrastructure requirement imposed by the Planning and Development Department, or a development regulation indicated as (T) in Section 507 Tab A and all other Zoning Ordinance requirements (including overlays) which use (T) to indicate technical items.

B. Membership. The Technical Appeals Committee shall consist of the same members as the Subdivision Committee as set forth in Chapter 32 of the City Code. The Planning and Development Director is authorized to appoint and remove any member at any time, with or without cause, and may also appoint additional technical City staff to the TAC, such as landscape, fire prevention/life safety, water/sewer, and building safety.