1-2-7 Board of Adjustment | Goodyear Zoning Ordinance

§ 1-2-7 Board of Adjustment.

1. The Board of Adjustment is created to provide for relief from the terms of this Ordinance through the grant of variances, and to hear and decide appeals from decisions of the Zoning Administrator.

2. The Planning and Zoning Commission shall sit as the Board of Adjustment (and is referred to as the “Board” when it is acting in that capacity).

3. The Chairman of the Commission shall serve as the Chairman of the Board and shall have power to administer oaths and to take evidence. The Vice-Chairman of the Commission shall serve as the Vice-Chairman of the Board and shall act as the Chairman of the Board in the absence of the Chairman.

4. 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.

5. The Board shall adopt rules of procedure not inconsistent with the provisions of this Ordinance for the conduct of its business and procedure.

6. The Goodyear City Clerk or his/her designee shall serve ex-officio as the Secretary of the Board, but shall have no vote.

7. In the event a conflict of interest prevents the City Attorney or his/her designee from representing the Board on an appeal of a decision of a Zoning Administrator, the City shall appoint outside counsel to represent the Board in such appeals.

1. Except as otherwise expressly provided in this Ordinance or the Goodyear City Code, the Board shall 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 Ordinance.

2. Upon determination by the Board that there is an error in an order, requirement or decision by the Zoning Administrator in the enforcement of this Ordinance, the Board may reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator being appealed and may impose conditions as the Board deems necessary to fully carry out the provisions and intent of this Ordinance. The violation of any conditions of approval or other condition imposed by the Board shall be a violation of this Ordinance.

3. The Board shall hear and decide requests for variances as more fully provided in this Ordinance.

4. The Board of Adjustment may not 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 of the Board to grant variances as provided in this Ordinance.

C. APPEALS OF DECISION OF ZONING ADMINISTRATOR. Unless otherwise provided in this Ordinance or the Goodyear City Code, persons with standing who are aggrieved by a decision of the Zoning Administrator, shall be entitled to appeal such decision by filing a written notice of appeal within fifteen (15) calendar days of the date the decision was issued. The appeal shall be filed with the Zoning Administrator and shall be processed in accordance with the procedures generally described herein and more fully described in the Administrative Process Manual.

1. The notice of appeal shall be filed on a form(s) provided by the Development Services Department and shall include all of the information identified in such form(s) and the additional information below. The appeal shall be signed by the aggrieved person and all applicable fees shall be paid when the appeal form is submitted.

a. The appeal form(s) shall be accompanied by: a statement describing the decision of the Zoning Administrator that is the subject of the appeal; citations to any applicable laws, ordinances, codes, policies or regulations the appellant alleges have been improperly interpreted, applied, or violated and appellant’s interpretation of such laws, ordinances, codes, policies or regulations; documentation and evidence supporting appellant’s interpretation and/or position that the Zoning Administrator’s decision improperly applied or violated applicable laws, ordinances, codes, policies or regulations; and any other documentation the appellant would like the Board to consider.

2. The party filing the appeal bears the burden of proof.

a. The party challenging the interpretation(s) of the Zoning Administrator of the Ordinance and/or provisions of the Goodyear Code of Ordinances bears the burden of proving that the Zoning Administrator’s interpretation is clearly contrary to legislative intent or that it is without rational basis.

b. The party challenging factual determinations by the Zoning Administrator bears the burden of proving that no reasonable person could have made such factual determination.

3. The filing of an appeal to the Board shall stay all proceedings in the matter appealed from unless the Zoning Administrator certifies in writing to the Board that in the Zoning Administrator’s opinion, based on the facts presented in the Zoning Administrator’s certification, the stay would cause imminent peril to life or property. Upon such certification, the proceedings shall not be stayed except by a restraining order granted by the Board or court of record upon on application and notice to the Zoning Administrator.

4. The Board shall hold a hearing, at which time all interested persons shall be given the opportunity to be heard.

5. The concurring vote of a simple majority of the Board shall be necessary to reverse or modify any decision of the Zoning Administrator.

D. SPECIAL ACTION IN SUPERIOR COURT. A person aggrieved by a decision of the Board, a taxpayer who owns or leases the adjacent property, or a property within three hundred (300) feet from the boundary of the immediately adjacent property, and/or an officer or a department of the municipality affected by a decision of the Board may, at any time within thirty (30) days after a decision has been rendered, file a complaint for special action in the superior court of Maricopa County 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. (Am. Ord. 22-1551, passed 8-29-22)