BOARD OF ADJUSTMENT
Mesa City Code § 11-66-3
in effect11-66-3: - BOARD OF ADJUSTMENT
A. Establishment and Organization of the Board of Adjustment. A Board of Adjustment is hereby established pursuant to A.R.S. § 9-462.06 and Section 409 of the City Charter. The Board shall elect a chair and vice-chair, annually, who shall have power to administer oaths and to take evidence.
B. Meetings.
1. Meetings of the Board shall be open to the public and the minutes of its proceedings, showing the votes of each member and records of its examinations and other official actions, shall be kept and filed in the Planning Division as a public record. The Secretary of the Board shall be the Zoning Administrator, or a member of the Planning Division staff as designated by the Planning Director.
2. No Variance, Special Use Permit, Substantial Conformance Improvement Permit, Development Incentive Permit, or appeal of an interpretation of the Zoning Ordinance or other provision of the City Code shall be acted upon until a public hearing has been held.
3. Not less than 4 members of the Board shall be present to conduct a hearing. No matter shall be considered unless there are at least 4 members present who are eligible and qualified to vote on the matter.
4. The concurring vote of 4 members of the Board shall be necessary to reverse any order or decision of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation from the terms and conditions of this Zoning Ordinance or of the City Code within the jurisdiction of the Board as authorized by the City Council.
5. The Chair, or in the Chair's absence the Vice Chair, shall lead the meeting, maintain order, and be the final decision maker for all meeting management questions.
C. Authority and Duties of the Board of Adjustment.
1. The Board of Adjustment shall:
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 provisions of this Ordinance or other sections of the City Code within the jurisdiction of the Zoning Administrator.
b. Hear and decide appeals from the action of the Zoning Administrator, acting in either an administrative role or the Hearing Officer role, in the interpretation of the provisions of this ordinance.
c. Hear and decide appeals from the action of the Zoning Administrator as the Hearing Officer in the granting or denying of variances, the issuance of Special Use Permits, Substantial Conformance Improvement Permits (SCIPs) or Development Incentive Permits (DIPs).
d. Hear and decide the issuance of Special Use Permits (SUPs), Substantial Conformance Improvement Permits (SCIPs) or Development Incentive Permits (DIPs), required by the City Code.
e. Authorize variances from the terms of this zoning ordinance pursuant to the provisions of A.R.S. § 9-462.06.
f. Hear and decide all matters referred to the Board by the Zoning Administrator.
g. Take any and all actions referred to the Board by the City Council, or as specified by A.R.S. § 9-462.06; or Section 409 of the City Charter.
2. The Board shall prescribe in connection with any Special Use Permit, Development Incentive Permit, Substantial Conformance Improvement Permit, interpretation, or variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Zoning Ordinance.
3. The Board of Adjustment shall 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 that the restriction in this paragraph shall not affect the authority to grant variances.
4. The Board of Adjustment may adopt rules for the conduct of its business.
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT11ZOOR_ART7AD_CH66PLAG_11-66-3BOADFetched: 11/1/2026