(1)   Shall be responsible for the administration, enforcement, and interpretation of this Ordinance.

   (2)   May prepare application guidelines, forms, and administrative procedures consistent with this Ordinance for the implementation thereof.

   (1)   PURPOSE

      (A)   The Planning and Zoning Commission/Development Review Board shall serve as the planning agency for the Town to carry out the purposes of this Ordinance and the Arizona Revised Statutes relating to planning, zoning, subdivision, and building regulations.

   (2)   ORGANIZATION

      (A)   The number of members of the Commission/Board shall be seven (7) who shall be appointed by the Town Council to serve without compensation. Beginning in February, 2023, the Commission/Board terms will consist of four (4)-year staggered terms. At this time (February, 2023) any incumbents which were reappointed in February, 2023 will serve an initial two (2)-year term. At the expiration of this two (2)-year term these Commissioners/Boardmembers can serve an additional four (4)-year term if reappointed by Town Council. After this second term (total of six (6) years of service), these Commissioners/Boardmembers must sit out a minimum of two (2) years before being considered to serve again. New Commissioners/Boardmembers (nonincumbents) appointed in February 2023 will serve an initial term of four (4) years. After initial term they can serve an additional four (4)-year term if reappointed by Town Council. After this second term (total of eight (8) years of service), these Commissioners/Boardmembers must sit out a minimum of two (2) years before being considered again.

         1)   During any term, any vacancy can be filled by appoint of the Town Council to complete the remaining balance of the respective term being filled.

         2)   The Commissoners/Boardmembers serve at the pleasure of the Town Council. (Ord. # 2023-04)

      (B)   The Commission shall elect one of its members to serve as Chairperson and one to serve as Vice-Chairperson.

   (3)   RULES

      (A)   Meetings of the Commission shall be held at the call of the Chairperson and at such other times as the Commission shall determine, provided that notice of all hearings, the conduct thereof, and minutes taken, shall meet the requirements of the Arizona Open Meeting Law.

      (B)   All meetings shall be open to the public.

      (C)   A quorum consisting of four (4) members shall be present in order to conduct business.

      (D)   A majority of members present shall be required to approve or deny a motion on any item.

   (4)   DUTIES AND RESPONSIBILITIES

      (A)   Preparation and/or review of all present, future, and proposed planning, zoning, subdivision, and building ordinances for the Town and amendments thereto.

      (B)   The holding of public hearings on such proposed planning, subdivision, and building ordinances and amendments thereto, and the making of recommendations to the Town Council for action.

      (C)   The holding of public hearings when necessary and the making of recommendations to the Town Council on matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, the amendments of this Ordinance, the granting of Special Use Permits, Conditional Use Permits and any other matter within the scope of zoning powers.

      (D)   Reviewing, conducting public hearings, and making recommendations to the Town Council, the Board of Adjustment, or the Zoning Administrator, whichever is applicable, for action on all requests for plans of development, subdivisions, and zoning clearances referred by the Zoning Administrator. (Ord. #2013-02)

   (1)   PURPOSE

      (A)   The Planning and Zoning Commission shall serve as the Development Review Board for the Town to carry out the purposes of this Ordinance and the Arizona Revised Statutes relating to planning, zoning, and building regulations.

   (2)   ORGANIZATION

      (A)   The Board shall be composed of the seven (7) Planning and Zoning Commissioners who are appointed by the Town Council to serve without compensation for a term of office at the pleasure of the Town Council.

      (B)   The Board’s Chairperson and Vice-Chairperson shall be the Chairperson and Vice-Chairperson of the Planning and Zoning Commission.

   (3)   PROCEDURE

      (A)   The procedures are contained in the Town of Carefree Development Review Manuals titled “Site Plan” and “Mountainside”.

      (B)   Any approval by the Board shall expire after twelve (12) calendar months if building permits are not granted for the respective development proposal within the aforementioned time period. An extension of a maximum of six (6) months may be granted by the Zoning Administrator. Extension will only be granted if the applicant provides to the Zoning Administrator a written request detailing circumstances beyond the applicant’s control that have caused unanticipated delays in the development of the project.

   (4)   GOALS

      (A)   To encourage, protect, and enhance the health, safety, and general welfare of the citizens of the Town of Carefree.

      (B)   To encourage, protect, and enhance the attractive appearance of the Town of Carefree as defined in the Town of Carefree Design Guidelines titled “Single-Family,” “Mountainside,” and “Commercial.”

      (C)   To promote development consistent with the Town’s goals of protecting its unique desert environment.

      (D)   To ensure the provision of necessary utilities, services, and circulation.

   (5)   WHEN REQUIRED

      (A)   For all new non-residential construction including land disturbance for roads, structures, or buildings of any kind.

      (B)   An increase in square footage of a non-residential use by approximately one third (1/3) or a significant exterior alteration (determined by the Zoning Administrator) of a non-residential use.

      (C)   Any amendment to an approved development review plan.

      (D)   Any new development within the Mountainside zoning district defined by Article X.

      (E)   Other applicable uses as required in the Zoning Ordinance. (Ord. #2013-01)

   (6)   APPEALS:

      (A)   The approval, with or without conditions, or denial by the Development Review Board shall be final unless within twenty-one (21) calendar days from the date of the Board’s decision the applicant appeals the decision in writing to the Town Council. Such appeal shall be submitted to the Town Clerk and shall include a brief statement of the grounds of the appeal and the relief requested. The Town Council shall hear such appeal at the next regularly scheduled Council meeting if there is a minimum of fourteen (14) calendar days before the next regularly scheduled Council meeting. If there is not a minimum of fourteen (14) calendar days, such appeal shall be heard at the second regularly scheduled Council meeting following the official filing of the appeal with the Town Clerk.

      (B)   The Town Council shall have the right and the prerogative to initiate its own review of any decision arrived at by the Development Review Board and shall uphold, modify, or over-rule said decision. Such Council-initiated review of any Board decision shall be considered at the next regularly scheduled Town Council meeting after the Development Review Board’s decision if there is a minimum of fourteen (14) calendar days before the next regularly scheduled Council meeting. If there is not a minimum of fourteen (14) calendar days, such appeal shall be heard at the second regularly scheduled Council meeting after the Board’s decision. If no review is initiated by the Town Council, the Board’s decision shall be deemed to be final and binding.

   (1)   PURPOSE

      (A)   The Board of Adjustment is a quasi-judicial body created to hear and decide requests for relief from the terms of this Ordinance (variance) and to hear and decide appeals from interpretations of this Ordinance made by the Zoning Administrator.

   (2)   ORGANIZATION

      (A)   The Board of Adjustment shall be composed of the seven (7) members of the Planning and Zoning Commission, which includes the Chairperson and the Vice-Chairperson.

      (B)   The Planning and Zoning Commission’s Chairperson and Vice-Chairperson shall be the Chairperson and Vice-Chairperson of the Board of Adjustment.

   (3)   RULES

      (A)   In the absence of the Chairperson, the Vice-Chairperson shall be the Chairperson.

      (B)   The Chairperson, or in his absence the Vice-Chairperson, may administer oaths and take evidence.

      (C)   Meetings of the Board of Adjustment shall be held at the call of the Chairperson or Vice Chairperson at times deemed necessary for the transaction of business.

      (D)   A quorum consisting of four (4) members shall be present in order to conduct business.

      (E)   A majority of members present shall be required to approve or deny a motion on any item.

      (F)   All meetings shall be open to the public.

      (G)   The Board of Adjustment shall keep minutes of its proceedings, of its hearings, and of other official actions showing the vote or failure to vote of each member upon each question and indicating the absence of any member of the Board.

      (H)   A copy of every rule or regulation, variance or order, requirement, decision, or determination of the Board of Adjustment shall be filed with the Zoning Administrator and shall be a public record.

      (I)   The Board of Adjustment shall adopt all rules and procedures necessary or convenient for the conduct of its business.

   (4)   POWERS AND DUTIES

      (A)   The Board of Adjustment shall 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 Ordinance.

         1)   Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, Department, Board, or bureau of the municipality affected by a decision of the Zoning Administrator regarding an interpretation of the Zoning Ordinance within twenty-one (21) calendar days of such decision or within twenty-one (21) calendar days of when the appealing party knew or should have known of the decision by filing with the Zoning Administrator and with the Board a Notice of Appeal specifying the grounds thereof.

         2)   No development activities shall commence under the decision and no building permits shall be issued based upon the decision until expiration of the twenty-one (21) calendar day appeal period, unless the Zoning Administrator determines that the delay would cause imminent peril to life or property. If applicable, the Zoning Administrator shall notify the property owner in writing of an appeal and shall advise the property owner to cease all activities under the decision, pending resolution of the appeal.

         3)   The Board shall hear the appeal within sixty (60) calendar days from the date of original decision and shall give notice of hearing by both publication in a newspaper of general circulation and by posting the notice in a conspicuous place(s) on or near to the property affected.

         4)   The Board may reverse or affirm, wholly or partly, or modify the order of an interpretation of the Zoning Ordinance made by the Zoning Administrator.

      (B)   The Board of Adjustment shall hear and decide appeals for variances from the terms of the Zoning Ordinance only if the strict application of this Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district because of special circumstances applicable to the subject property, including its size, shape, topography, location, or surroundings.

         1)   Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

         2)   The Board of Adjustment may not grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

         3)   The Board of Adjustment may prescribe any conditions or stipulations for the approval of a variance as it deems necessary to carry out the intent of this Ordinance.

   (5)   PROHIBITED ACTION

      (A)   The Board of Adjustment may 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 this limitation shall not affect the Board’s authority to grant variances pursuant to this Article.

   (6)   APPEAL FROM THE BOARD OF ADJUSTMENT DECISION

      (A)   A person aggrieved by a decision of the Board of Adjustment may, at any time within thirty (30) days after the Board of Adjustment has rendered its decision, file a complaint for special action in the Superior Court to review the decision.

      (B)   Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.

   (1)   The Town Council may authorize, within any zoning district, a Neighborhood Unit Plan of Development (NUPD) to provide for the development of a large site as a complete neighborhood unit having a range of dwelling types, the necessary shopping centers and off-street parking areas, parks, playgrounds, school sites, and other community facilities after being reviewed at public hearings by the Planning and Zoning Commission and the Town Council. The minimum allowable size of a NUPD is thirty (30) acres.

   (2)   The procedure is contained in the Town of Carefree Development Review Manual titled “Zoning”.

   (1)   The Town Council may authorize, within any zoning district, a Residential Unit Plan of Development to provide for the large scale residential development wherein variation in the lot size, dwelling types, and/or open spaces about them is warranted due to topography or other considerations after being reviewed at public hearings by the Planning and Zoning Commission and the Town Council. The minimum allowable size of a RUPD is ten (10) acres.

   (2)   The procedure is contained in the Town of Carefree Development Review Manual titled “Zoning”.

   (1)   The uses defined as Special Uses in Article V. may be approved by the Town Council after being reviewed at public hearings by the Planning and Zoning Commission and the Town Council.

   (2)   Prior to the public hearing, the site shall be posted a minimum of fifteen (15) days before the Planning and Zoning Commission hearing. Such posting shall remain on the site until the completion of the Town Council’s hearing in which the application for the Special Use Permit is considered. In addition, all property owners within a 500 foot radius of the subject property shall be notified of both the Commission and Town Council hearing dates by first class mail a minimum of fifteen (15) days before the Planning and Zoning Commission hearing.

   (3)   The Applicant shall complete and submit information that the Zoning Administrator requests from the Special Use Permit checklist prior to consideration of the application.

   (4)   The Zoning Administrator shall review all submitted information for accuracy and completeness prior to scheduling the Planning and Zoning Commission and Town Council public hearings. Once the application is deemed complete by the Zoning Administrator, the public hearings shall be scheduled by the Zoning Administrator.

   (5)   The Planning and Zoning Commission may recommend imposing conditions for the approval of a Special Use Permit and the Town Council may place any conditions upon the approval of a Special Use Permit.

   (6)   A refusal to issue a Special Use Permit is not the denial of a right, conditional or otherwise. The authority to issue a Special Use Permit is not a mandatory one and the permissive power granted is to be exercised or not, at the Town Council's discretion. Such action by the Town Council on a Special Use Permit request shall be considered a legislative act and, if approved, adopted through an Ordinance to amend the Town’s zoning map.

   (7)   The burden of providing specific evidence and facts showing that the public health, safety, and welfare will be served and will not be adversely affected and that necessary safeguards will be provided for the protection of adjacent property shall rest with the applicant.

   (1)   The uses defined as Conditional Uses in Article V. may be approved by the Town Council after being reviewed at public meetings by the Planning and Zoning Commission and the Town Council.

   (2)   Prior to the public meetings, the site shall be posted a minimum of fifteen (15) days before the Planning and Zoning Commission meeting. Such posting shall remain on the site until the completion of the Town Council’s meeting in which the application for the Conditional Use Permit is considered.

   (3)   The Applicant shall complete and submit information that the Zoning Administrator requests from the Conditional Use Permit checklist prior to consideration of the application. The Zoning Administrator shall review all submitted information for accuracy and completeness prior to scheduling the Planning and Zoning Commission and Town Council public meetings. Once the application is deemed complete by the Zoning Administrator, the public meetings shall be scheduled by the Zoning Administrator.

   (4)   The burden of providing specific evidence and facts showing that the public health, safety, and welfare will be served and will not be adversely affected and that necessary safeguards will be provided for the protection of adjacent property shall rest with the applicant.

   (5)   The Planning and Zoning Commission may recommend imposing conditions for the approval of a Conditional Use Permit and the Town Council may place any conditions upon the approval of a Conditional Use Permit.

   (1)   The Zoning Administrator shall hear applications for and may grant Special Event Permits for a period of time not to exceed sixty (60) days for special events such as circuses, Christmas tree lots, revivals, horse shows, rodeos, charity events, and other short term events. Temporary construction offices and sales offices for new subdivisions shall be granted for a length of time specified by the Zoning Administrator.

   (2)   The Special Event Permit may be issued if a finding that the use covered by the permit, or the manner of conducting the same is not detrimental to:

      (A)   Persons residing or working in the vicinity,

      (B)   Adjacent property,

      (C)   The surrounding neighborhood, or

      (D)   The public welfare in general.

   (3)   Factors which may be reviewed include but are not limited to:

      (A)   Emitting odor, dust, gas, noise, smoke, heat, or glare beyond any boundary of the lot on which the use is being conducted.

      (B)   Causing a significant increase in traffic congestion.

      (C)   Constituting a threat to public health or safety.

      (D)   Causing or contributing to disturbances or breaches of the public peace and order.

   (4)   A Special Event Permit may be revoked by the Zoning Administrator upon a finding that there is material noncompliance with any condition prescribed in conjunction with the issuance of the permit, or that the use covered by the permit or the manner of conducting the same:

      (A)   Is detrimental to persons residing or working in the vicinity, adjacent property, the neighborhood, or the public welfare in general.

      (B)   Is in violation of any provision of this Ordinance or any law of the Town of Carefree or, if applicable, any law of Maricopa County, the State of Arizona, or the United States.

      (C)   The revocation of a Special Event Permit shall become final immediately.

   (1)   The provisions of this Ordinance including the zoning map may, from time to time, be amended, supplemented, changed, modified, or repealed by the Town Council.

   (2)   Requests to amend this Ordinance may be initiated by the Commission, a member of the Town Council, or a real property owner in the area to be included in the proposed amendment. Applications for amendment shall be made in the office of the Zoning Administrator on a form provided.

   (3)   Zoning map amendments within the Zoning Ordinance must conform to the land use map of the Town of Carefree General Plan 2020. Any required amendment to the General Plan 2020 land use map must be requested by the applicant and approved by the Planning and Zoning Commission and Town Council prior to any decision being made on the zoning map amendment.

   (4)   The procedure for zoning amendments is contained in the Town of Carefree Development Review Manual titled “Zoning”.

   (1)   A zoning clearance and building permit for a principal use are required prior to starting any construction including any change to existing buildings, roads, driveways, or native plants and including grading or grubbing.

   (2)   A zoning clearance may not be required for the repair or replacement of a roof or exterior finish depending upon the extent of the work involved. However, approval by the Zoning Administrator is required.