Article 7-14 APPEALS
A. DECISIONS BY THE ZONING ADMINISTRATOR.
1. The approval or denial of a sign permit or any written interpretations of a sign regulation made by the Zoning Administrator, pursuant to his/her authority under Section 1-2-2, may be appealed to the Board of Adjustment pursuant to Sections 1-2-7 (B) and (C).
2. Challenges to the constitutionality of any provision of this Article regulating signs shall only be processed pursuant to Section 7-14(B) below.
3. Any person with standing who is aggrieved by the decision of the Zoning Administrator may appeal such decision by filing a written notice of appeal within 15 calendar days of the date the decision was issued.
4. The appeal shall be filed with the Zoning Administrator on a form(s) provided by the Development Services Department and shall be processed in accordance with the procedures generally described in Section 1-2-7(C) and the Administrative Process Manual.
5. The Board of Adjustment may affirm, reverse, or modify the decision of the Zoning Administrator, which decision will be final.
6. Any person aggrieved by the decision of the Board may, at any time within 30 days after a decision has been rendered, file a complaint for special action in the superior court of Maricopa County pursuant to Section 1-2-7(D).
B. CONSTITUTIONAL ISSUES INVOLVING APPLICATION OF SIGN REGULATIONS.
1. When an appeal raises an issue(s) involving the application of Federal or Arizona constitutional law in the issuance or denial of a sign permit, the revocation of a sign permit, or an order to alter or remove a sign, the constitutional issue(s) shall be referred to a hearing officer appointed by the City for hearing and decision.
2. The appeal shall be filed with the Zoning Administrator on a form(s) provided by the Development Services Department.
3. The appeal shall be in writing and shall include the following information:
a. The name and address of the applicant.
b. The ordinance, code provision, or other City document or policy statement that is alleged to be unconstitutional.
c. Any relevant facts and supporting documents.
d. The names and addresses of any witnesses.
4. The Zoning Administrator shall forward the appeal and all supporting documents to the hearing officer within 10 working days of receipt with a copy to the applicant.
5. The Zoning Administrator may prepare and include with the transmittal to the hearing officer a written statement of the City’s response to the appeal accompanied by any supporting documents, names of witnesses, and any other matters considered relevant.
6. Upon receipt of the appeal, the hearing officer shall contact the Zoning Administrator and the applicant acknowledging receipt and scheduling a time for the appeal to be heard not later than 30 days after receipt. The applicant shall be given at least 10-days’ notice of the time when the appeal will be heard unless he/she agrees to a shorter time period.
7. The applicant shall bear the burden to establish that the subject ordinance, code provision, or other City document or policy statement is unconstitutional.
8. The hearing officer shall decide the appeal and issue a written decision setting forth findings of fact and conclusions of law within five working days after the appeal is heard.
9. The decision shall be transmitted to the Zoning Administrator and the applicant at the address provided by the applicant.
10. If the hearing officer finds that the subject ordinance, code provision, or other City document or policy is unconstitutional, in whole or in part, the City shall issue within 30 days of the hearing’s office decision a written notice to the applicant stating that it will either (1) repeal or otherwise amend the challenged ordinance, code provision, or other document or policy to cure the constitutional deficiency or (2) take no action.
11. Any person aggrieved by the City’s response to the hearing officer’s decision may file, at any time within 30 days thereafter, a complaint in a court of competent jurisdiction to review the City’s response based upon the record of the appeal to the hearing officer.