It shall be the duty of the Board to: 1) 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 Article. 2) 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 Article. 3) Hear and decide all matters referred to the Board by the Zoning Administrator. 4) 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. The Board may not: 1) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the Zoning Article; provided that the restriction in this paragraph shall not affect the authority to grant variances. 2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. 3) Grant a variance that will negatively impact terminal or emergency aircraft procedures, or that will be materially detrimental to persons or aircraft operating in the vicinity, to adjacent property, or to the public welfare in general. 4) Consider an application for an expansion of a nonconforming structure, or any variance pertaining to a nonconforming structure. Appeals from rulings and interpretations of the Zoning Administrator regarding nonconforming structures may be heard only to determine that an obstacle is, or is not, a legal nonconforming use.
The Board shall be composed of five (5) members who shall be residents of Phoenix and who shall serve without pay. Members shall be appointed by the City Council of Phoenix. Each appointment shall be for a term of three (3) years, except that in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term. The Board shall elect a chair and a vice-chair from among the members appointed by the City Council. The chair and vice-chair shall have power to administer oaths and take evidence.