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Casa Grande City Zoning Code

CHAPTER 17

08 ADMINISTRATION

17.08.010 Administrative bodies designated.

   The following will have primary responsibility of administering this title as established and described in this title:
   A.   Planning and zoning commission;
   B.   Board of adjustment;
   C.   Zoning administrator.
   D.   Historic preservation commission.
(Ord. 1397.17.47 § 1, 2017; Ord. 1178 § 2.1, 1987)

17.08.020 Established.

   There is created a planning and zoning commission of the city which shall promote the health, safety, order, beauty, prosperity and general welfare of the city, and shall secure efficiency, economy and concerted effort in its growth and development.
(Ord. 1178 § 2.2.1, 1987)

17.08.030 Membership.

   The planning and zoning commission shall consist of seven members, who shall represent, insofar as possible, different professions or occupations. Members shall be appointed by the mayor with the approval of a majority vote of the city council. Insofar as possible, appointment of members shall be made so as to constitute equal representation for all areas within the city. Members of the planning and zoning commission shall serve without pay or compensation of any kind except actual expenses and shall hold no other municipal or county office, except that one member may serve on the board of adjustment.
(Ord. 1178 § 2.2.2, 1987)

17.08.040 Term of office.

   The term of office of members of the planning and zoning commission shall be three years. Members may be reappointed. All members shall hold office until their successors are appointed and qualified. Any member of the planning and zoning commission may be removed by the mayor with the consent of a majority vote of the city council for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause. Vacancies occurring other than through the expiration of the term shall be filled for the unexpired term by the mayor with the approval of a majority vote of the city council. Individuals may not serve more than two consecutive three-year terms.
(Ord. 1178 § 2.2.3, 1987)

17.08.050 Organization - Meetings.

   A.   The planning and zoning commission shall elect a chairperson from the members of the planning and zoning commission and shall create and fill such other of its offices as it may determine. The chairperson shall be eligible for reelection.
   B.   The planning and zoning commission shall hold at least one regular meeting in each month at such time and place as may be fixed by the planning and zoning commission. Special meetings of the planning and zoning commission may be called by the chairperson, or by any three members of the planning and zoning commission. A majority of the planning and zoning commission shall constitute a quorum for the transaction of business. The planning and zoning commission shall adopt such other rules and regulations governing its organization and procedures as it may deem necessary, which rules and regulations shall be subject to the approval of the governing body of the city and shall not be inconsistent with the ordinances of the city and the laws of Arizona. The planning and zoning commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
(Ord. 1178 § 2.2.4, 1987)

17.08.060 Duties.

   It shall be the duty of the planning and zoning commission to:
   A.   Submit and recommend to the city council a zoning map dividing the city into districts of such number, shape and area as may be determined best suited to carry out the purposes of this title and with the provisions of Arizona State Statutes and within such districts, it shall recommend such regulations and restrictions concerning the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land as it shall deem to be in the best interests of the city and its inhabitants;
   B.   Determine and recommend to the city council, decisions regarding the classification of parcels of land from one zoning district to another;
   C.   Recommend to the city council changes in any of the regulations of this title as to the use of land in any district, or as to the restrictions upon buildings or structures, therein, by amendment to this title;
   D.   Reserved.
   E.   Determine and make decisions regarding conditional uses as provided for under this title;
   F.   Reserved.
   G.   Make, and recommend to the city council for adoption, a general plan to guide the physical development of the city;
   H.   Make recommendations to the city council on matters regarding the interpretation, enforcement, and administration of Title 16 of this code;
   I.   Provide recommendations to the city council concerning purchase of sites for city buildings and other city facilities, the widening, opening vacation or other changes to city streets or other public ways, the beautification of city sites, streets, grounds or premises and other issues that may tend to promote the public health, safety, comfort, convenience and welfare in connection with the city's general plan.
(Ord. 3478 § 3.A, 2025: Ord. 1178 § 2.2.5, 1987)

17.08.070 Established.

   A board of adjustment is established consisting of seven members to be appointed by the mayor and with the consent of the city council.
(Ord. 1178 § 2.3.1, 1987)

17.08.080 Membership.

   Each member of the board of adjustment shall be appointed for a term of three years. Vacancies shall be filled by appointment for the unexpired term of any member whose term becomes vacant. Members shall not serve more than two consecutive three-year terms. Before entering upon the duties of his or her appointed position, each member may be required to take and subscribe an oath to support the Constitution and laws of the United States and the state of Arizona, and the ordinances of the city.
(Ord. 1397.17.56 § 1, 2022; Ord. 1178 § 2.3.2, 1987)

17.08.090 Adoption of rules to govern - Meetings.

   The board of adjustment shall adopt bylaws and rules governing its organization and meetings, and the bylaws shall be subject to the approval of the governing body of the city and shall not be inconsistent with the ordinances of the city and the laws of the state. It shall be the duty of the chairperson to call a meeting of the board to pass upon and determine all variances and appeals and all other matters upon which it is the duty of the board to act. The board shall meet at any other times as it may prescribe in its rules. The chairperson of the board, or in his/her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of all its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examination of other artificial actions, all of which shall be immediately filed in the offices of the city clerk and shall be of public record.
(Ord. 1178 § 2.3.3, 1987)

17.08.100 Appeals.

   Appeals to the board of adjustment may be taken by any person, or by any officer, department, board or commission of the city, aggrieved or affected by the decision of any administrative officer. Such appeal shall be taken within thirty days of the aggrievement by filing with the officer from whom the appeal is taken, and with the board of adjustment, a notice of appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transfer to the board all of the papers constituting the record upon which the appealed action is taken.
(Ord. 1178 § 2.3.4, 1987)

17.08.110 Duties.

   The board of adjustment shall be, and it is, endowed with the following enumerated duties:
   A.   To hear and decide appeals where it is alleged that an error exists in any order, requirement, decision or determination made by an administrative official in the enforcement of this title or of any ordinance adopted pursuant to this title;
   B.   To vary or adjust the strict application of the requirements of this title in the case of an irregular, narrow, shallow, or steep lot or other physical condition applying to a lot or building as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. Any such variance granted shall be granted according to the requirements and procedures established by this title. Variances may be granted only for hardships related to the physical characteristics of land. Variances to this title related to permitted, accessory and/or conditional uses in any use district shall not be allowed. No variance or adjustment in the strict application of any provision of an ordinance may be granted unless:
   1.   Special circumstances or conditions, fully described in the board's findings, are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this title,
   2.   For reasons fully set forth in the board's finding, the circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose, and
   3.   The granting of the adjustment is in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
   C.   To grant exceptions and variances upon request where, after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of zoning ordinances and the city, with knowledge of the existence of the condition, has not taken any steps toward elimination of the violations.
   D.   To hear and decide appeals regarding required exactions and dedications in accordance with the provisions of Section 17.68.380.
   E.   To hear and decide applications for:
   1.   Temporary use permits in accordance with the provisions of Subsection 17.68.215(A)(14).
   2.   Special use permits in accordance with the provisions of Sections 110 and 410.1 of the Sign Code of the City of Casa Grande (as previously adopted by Casa Grande Ordinance 583).
   3.   Comprehensive sign plan in accordance with the provisions of Section 606 of the Sign Code of the City of Casa Grande (as previously adopted by Casa Grande Ordinance 583)
   4.   The board may, by a simple majority vote of the members present, approve, deny or table applications for temporary use permits, special use permits or Comprehensive Sign Plans.
(Ord. 3478 § 3.B, 2025: Ord. 1397.17.43 § 1, 2012; Ord. 1178 § 2.3.5, 1987)

17.08.120 Established.

   The staff position of zoning administrator shall be, and is established for the general and specific administration of this title. The planning and development director shall serve as the zoning administrator but may delegate such duties as noted in Section 17.08.130. If the duties are delegated, the zoning administrator shall perform such duties as set forth in this title under the direction of the planning and development director.
(Ord. 1178 § 2.4.1, 1987)

17.08.130 Duties.

   It shall be the responsibility of the zoning administrator to preform the following duties:
   A.   Receive, process, record and administer all requests for approvals and permits, as governed by this title;
   B.   Advise and recommend to the planning and zoning commission, the board of adjustment and the city council regarding requests for approvals and permits as required by this title;
   C.   Direct such inspections, observations and analyses of any and all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the city relating to the regulations and restrictions as set forth by this title;
   D.   To take action as is necessary for the enforcement of this title relating to violations of the regulations and restrictions;
   E.   To pass upon all building permits to determine if the proposed construction, remodeling or alterations are in conformity with the provisions of this title.
(Ord. 1178 § 2.4.2, 1987)

17.08.140 Established.

   There is created a historic preservation commission of the city that serves to protect, enhance and perpetuate the city’s landmarks and historic districts for the economic, cultural, educational and general welfare of the public.
(Ord. 1397.17.47 § 2 (part), 2017)

17.08.150 Membership.

   A.   The commission shall consist of seven members appointed by the mayor with the consent of city council.
   B.   It is intended that the commission consist of members who demonstrate an interest in historic preservation, architecture and development within the city, to be appointed, to the extent possible given the applications received and interest in the community, as follows:
      1.   At least one shall be a licensed real estate broker or agent, or a licensed contractor;
      2.   At least one shall be an owner or resident of a designated historic property, or a property listed on the National Register of Historic Places;
      3.   At least one shall have demonstrated significant interest in, and commitment to, the field of historic preservation, evidenced either by involvement in a local history museum, historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and
      4.   At least one shall be a current or former planning and zoning commission member, arts and humanities commission member, Casa Grande main street board member, or a former city council member.
   C.   In the event no qualified applicants meet the requirements of subsection B at the time a vacancy exists on the commission, the mayor, with the consent of council, may appoint an interested applicant not otherwise meeting the qualifications of subsections B (1—4) above to serve.
(Ord. 1397.17.47 § 2 (part), 2017)

17.08.160 Term of office.

   A.   Commission members shall serve for a term of three years.
   B.   Commission members may be reappointed and shall hold office until their successors are appointed and qualified. An individual may not serve more than two consecutive terms. The chairman and vice chairman of the commission shall be elected by and from among the members of the commission.
(Ord. 1397.17.47 § 2 (part), 2017)

17.08.170 Duties.

   The duties of the commission shall include:
   A.   Promulgation of bylaws, rules and regulations necessary for the conduct of its business. The bylaws shall be subject to the approval of the city council, and shall not be inconsistent with the charter and ordinances of the city, and the constitution and laws of the state of Arizona.
   B.   Review of criteria for the identification of significant historic, architectural and cultural landmarks, and for the delineation of historic districts.
   C.   Review existing surveys of significant historic, architectural and cultural landmarks and historic districts within the city, and periodically update the survey.
   D.   Provide recommendations to the city council concerning the designation of identified structures or resources as landmarks and historic districts.
   E.   Provide recommendations to the city council concerning the acquisition of facade easements, development rights or other interests in real property as necessary to carry out the purposes of this chapter.
   F.   Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
   G.   Provide recommendations to the city council concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the city.
   H.   Recommending acquisition of any landmark structure by the city, where its preservation is essential to the purposes of this chapter, and where private preservation is not feasible.
   I.   Approval or disapproval of applications for certificates of appropriateness pursuant to Chapter 17.62.
   J.   Implement the criteria as adopted by city council, and make recommendations, as needed, to city council on any proposed revisions to said criteria, that will be considered when reviewing proposals on the naming/renaming of city facilities.
   K.   Implement a process and procedural rules as adopted by city council, and make recommendations, as needed, to city council on any proposed revisions to said process or procedural rules, for the performance of the duties relating to the naming/re-naming of city facilities.
   L.   Make recommendations to city council concerning all proposals for the naming or renaming of city facilities pursuant to the process outlined in Section 17.62.145.
(Ord. 1397.17.57 § 3, 2022; Ord. 1397.17.47 § 2 (part), 2017)