This article identifies the roles, duties, and responsibilities of elected officials, commissions, referral agencies, consultants acting in the role of staff, and city staff in the administration of this Development Code.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.2.1.

Commission Appointment and Confirmation. Appointments to commissions and other bodies within the scope of this Development Code shall be made and confirmed by the City Council in accordance with the rules adopted by the City Council.

7.2.2.

Conduct of Appointed Bodies. This section contains procedures that are common to all appointed commissions and other bodies with review and/or decision-making responsibilities under this Development Code.

A.

Absence of Member. Any member of an appointed commission anticipating an absence from a meeting of their body shall so advise the chair or secretary prior to the meeting.

B.

Agenda. The agenda for each regular meeting of an appointed commission shall be prepared by the secretary and shall be distributed to each member at least 24 hours prior to the meeting.

C.

Procedures. The Director and the members of any body governed by this Article 7 shall conduct their open meetings according to the applicable procedures provided by law, including, but not limited to, the Arizona open meetings laws. The City Clerk shall distribute state open meeting law materials prepared and approved by the state attorney general to the Director and to each member of the City Council, the Planning and Zoning Commission, or any other body prior to the day each takes office.

D.

Meetings and Hearings. Meetings and hearings shall be conducted in accordance with the following:

1.

Meetings and hearings shall be conducted at the call of the chairperson or the Director and at such other times as the appointed body may determine. All meetings and hearings shall be conducted pursuant to the procedures set forth in this Development Code and any adopted bylaws.

2.

The appointed commission may conduct special meetings for good cause on call of the chairperson, or Director, or by a majority of the members, or as may be scheduled by a majority vote of the members at a previous meeting. The manner of the call shall be recorded in the minutes of the special meeting, and at least 24 hours' notice of the meeting shall be provided to each member.

3.

No meeting, hearing or action shall be conducted without a quorum as defined in Subsection 7.2.2 F, Quorum—Official Action. In the event that less than a quorum is present at any meeting or hearing, such meeting or hearing shall be rescheduled by the chairperson to a date as soon as is practical and in accordance with the entity's bylaws.

E.

Consent Agenda. Any appointed body under this article may establish a consent agenda. The consent agenda may consist of all matters brought before the body for action that do not require a public hearing. All items on the consent agenda may be approved by motion without debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the board present at the meeting or by city staff if requested by the applicant. Items removed from the consent agenda shall be considered on the regular agenda.

F.

Quorum—Official Action.

1.

A majority of the full membership of any appointed body shall constitute a quorum for the transaction of business.

2.

Action by the appointed body shall require the favorable vote of a majority of the quorum of the body, or as required by law or specific provisions of this Code.

G.

Meetings Open to Public. All meetings of the Director and appointed bodies under this Article 7 shall be open to the public. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. This subsection does not apply to any votes required to be taken to organize a board. This subsection does not prohibit executive sessions conducted in accordance with Arizona laws.

H.

Reconsideration or Rehearing of Decisions. Decisions of any appointed body under this article may be brought up for reconsideration or rehearing only if:

1.

There was substantial procedural error in the original proceeding; or

2.

The Director or body acted without jurisdiction in the original proceeding; or

3.

The original decision was based upon fraud or misrepresentation; or

4.

As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.

Any person seeking reconsideration or a rehearing must file a request with the City Clerk, together with materials supporting one or more of the grounds stated in this subsection, within 15 days of the original decision, or within the timeframe established under state law if applicable. The body, by majority vote, may hold a rehearing if the request meets the requirements of this section. A rehearing shall be conducted in the same manner as the original proceedings before the Director or appointed body.

I.

Removal of Member. The City Council may remove from office a member of any appointed body under this Article 7 pursuant to the City of Buckeye City Code, Chapter 2.

J.

Representatives. Persons appearing before the Director or an appointed body may appear in person or through a representative, agent, or attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the Director or body.

K.

Secretary. A representative from the City Clerk's office shall be the secretary of each appointed body under in this Article 7. In the secretary's absence, a member of the Development Services Department staff as determined by the Director shall act as secretary. The secretary shall cause to have a record kept of all meetings of each body and shall keep such files as may be required.

L.

Conflict of Interest. The following procedures, in addition to all applicable state law requirements, shall govern conflicts of interest with respect to the Director and members of any appointed body.

1.

No decision-maker shall participate in any decision in which the body determines either that such decision-maker has a conflict of interest, as defined in Arizona law or this Code; or that the decision-maker has a personal interest or involvement in the case that would prevent the decision-maker from fairly evaluating the case; or that, based on all surrounding circumstances, participation by the decision-maker would create the appearance of impropriety in the proceedings.

2.

Immediately upon discovering the existence of any conflict of interest prohibited by this section, this Development Code, or any state law applicable to local government officials, the decision-maker shall fully disclose on the record and in open session of the body the nature of and the facts creating the conflict and shall be disqualified from any participation in or communications with other decision-makers on the matter with which a conflict exists.

3.

Any decision-maker found by the applicable body to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter. If the Director has a conflict of interest, the matter before the Director shall be referred to a qualified, alternate Hearing Officer within the Development Services Department.

M.

Ex Parte Contacts Prohibited. The following procedures shall govern ex parte contacts:

1.

For the purposes of this subsection M., ex parte contacts and communications are defined as the receipt, either directly or indirectly, of verbal, visual, or written communications outside a duly noticed, open hearing on the record at which all parties and all board members have an opportunity to be present.

2.

The Director, the Planning Commission, the Board of Adjustment, and the City Council, when acting in a quasi-judicial capacity, shall refrain from permitting ex parte contacts or communications with any person regarding any matter pending before or that may be reasonably expected to be pending before them.

N.

Applicability of Other Provisions. The provisions of this Article 7 shall not be a limitation on more restrictive rules regarding the conduct of the Director, boards, and commissions set forth elsewhere in the Buckeye City Code.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3(PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.3.1.

Review and Decision-Making Responsibilities. For purposes of administering and enforcing this Development Code, the Buckeye City Council shall have the review and decision-making responsibilities set forth in Table 8.1-1.

7.3.2.

Other Powers and Duties. In addition, the City Council shall have the following powers and duties relating to the administration of this Development Code.

A.

Adopt policies, plans, design guidelines, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community;

B.

Promulgate regulations to implement, interpret, or make specific the provisions of this Development Code;

C.

Appoint a Hearing Officer to hear and decide on Variance applications within the jurisdiction of the Planning Commission;

D.

Act as the Board of Adjustment for purposes of administering this Development Code, until a separate Board of Adjustment is appointed; and

E.

Take any other action not delegated to the Planning Commission, the Director, or city staff as the City Council may deem desirable and necessary to implement the provisions of this Development Code.

F.

The City Council shall have responsibility for final determination of conflicting regulations between this Development Code and other provisions of the City Code and city regulations.

G.

After review of the Director's recommendation, amend, repeal, or issue a binding waiver of any provision of this Development Code as applied to property that is the subject of a written demand for compensation under A.R.S. § 12-1134 et seq. The City Council may also approve an agreement with the property owner awarding compensation in lieu of amending, repealing, or issuing a waiver. Any waiver issued under this subsection shall be recorded in the real property records of the county in which the property is located.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.4.1.

Review and Decision-Making Responsibilities. There shall be a Planning and Zoning Commission ("Planning Commission"), which shall have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code.

7.4.2.

Other Powers and Duties. In addition, the Planning Commission shall have the following powers and duties to be carried out in accordance with the terms of this Development Code:

A.

Develop, review, and make recommendations to the City Council regarding policies, plans, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community;

B.

Hear and decide appeals of notices of violations of this Development Code; and

C.

Exercise such other powers and perform such other duties as are provided by law and directed by the City Council.

7.4.3.

Appointments, Membership, and Rules. Planning Commission appointments, memberships, and rules shall be as set forth in Chapter 2 of the City Code.

7.4.4.

Records. The Planning Commission shall keep the minutes of its proceedings, showing the attendance and vote of each member upon each question, and shall keep records of its proceedings, examinations, and other official actions, including the reason for all such official actions, all of which shall be immediately filed in the Development Services Department and shall be a public record.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.5.1.

Review and Decision-Making Responsibilities. There shall be a Board of Adjustment ("board"), which shall have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code.

7.5.2.

Appointments, Membership, and Rules. The City Council shall serve as the board. Should the City Council choose to appoint and create a stand-alone board, the following shall apply:

A.

The board shall be composed of a total of five regular members and two alternate members, all of whom shall be residents of the city. The members of the board shall be appointed by the City Council. Alternate members shall only take part in those hearings where a regular member is absent and when appointed to do so by the chair. No more than five members at any one time shall participate in proceedings of the board or the rendering of a decision.

B.

Appointments to the board shall be for staggered three-year terms.

C.

Vacancies on the board shall be filled by the City Council, for the unexpired term of any member whose term becomes vacant.

D.

The board shall annually elect a chairperson and vice chairperson from among its members. The chairperson and vice chairperson shall each serve for one year and until their successors are elected and qualified.

E.

In lieu of the Board of Adjustment, the City may elect to utilize a hearing officer as described in Section 7.7 for the disposition of Variances.

7.5.3.

Records. The board shall keep the minutes of its proceedings, showing the attendance and vote of each member upon each question, and shall keep records of its proceedings, examinations, and other official actions, including the reason for all such official actions, all of which shall be immediately filed in the Development Services Department and shall be a public record.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.6.1.

Review and Decision-Making Responsibilities. The Director or their Designee shall be the Zoning Administrator for purposes of A.R.S. § 9-462.05.C, and shall have general responsibility for administering and enforcing the provisions of this Development Code. In addition, the Director or their Designee shall have the review and decision-making responsibilities set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code. In performing such review and decision-making responsibilities, the Director may delegate such duties to the Development Services Department staff as the Director deems appropriate. The Director also shall have such additional powers and duties as may be set forth elsewhere in this Development Code and the Buckeye City Code.

7.6.2.

Development Services Department.

A.

The Development Services Department staff shall act in an advisory and support capacity to the City Council, the Planning Commission, and any other bodies listed in this Article 7, or as otherwise directed by the City Council or City Manager. The Development Services Department staff shall review or coordinate the review of all applications under this Development Code.

B.

For any decision rendered by the Planning Commission, the Director, the Hearing Officer, or any other board members governed by this Article 7, the Director shall be responsible for preparing the findings required by Subsection 8.2.8, Decisions and Filings, of this Development Code, unless the decision-maker delegates such duties to a clerk or other department staff.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

7.7.1.

Review and Decision-Making Responsibilities. There is hereby created in the Development Services Department the position of Hearing Officer for the City of Buckeye. The Hearing Officer may appoint deputy Hearing Officers to perform the functions of the Hearing Officer and to act under his/her direction. The Hearing Officer shall:

A.

In accord with the procedures set forth in Section 8.11, Variances, of this Development Code, hear and decide applications for Variances. Written appeals of the Hearing Officer's determination shall be referred for resolution to the Board of Adjustment as described in Section 7.5.

B.

Report regularly to the Planning Commission on the conduct of his/her office, including number of cases handled and their disposal, and recommendations for changes and improvements in regulations and procedures.

C.

Refer any of the matters on which he/she is authorized to rule to the Planning Commission for action.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)