307 Zoning Administrator. -1 -2

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 his direction. The Zoning Administrator may appoint Deputy Zoning Administrators to perform the functions of the Zoning Administrator and to act under his direction. The Zoning Administrator shall: *5 *6

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. *5 *6

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. *5 *6

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. *4

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 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.

10.    The Zoning Administrator 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.

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. +7

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. +7

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. +7

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.*3

Date of Addition/Revision/Deletion - Section 307

-1 Deletion on 4-15-1992 by Ordinance No. G-3514

-2 Deletion on 11-18-1992 by Ordinance No. G-3603

*3 Revision on 4-13-2005 by Ordinance No. G-4681, eff. 5-13-2005

*4 Revision on 1-19-2011 by Ordinance No. G-5584 eff. 1-19-2011

*5 Revision on 2-23-2011 by Ordinance No. G-5590, eff. 3-25-2011

*6 Revision on 3-23-2011 by Ordinance No. G-5599, eff. 4-22-2011

+7 Addition on 1-20-2016 by Ordinance No. G-6116, eff. 2-19-2016