El Mirage City Zoning Code
ADMINISTRATION
§ 154.035 ADMINISTRATIVE AGENCIES.
The following will have primary responsibility of administering this chapter as established and prescribed in this subchapter:
(B) Planning and Zoning Commission;
(C) Board of Adjustment; and
(D) Zoning Administrator.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.036 PLANNING AND ZONING COMMISSION.
(A) Establishment of the Planning and Zoning Commission. There is hereby 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.
(B) Membership.
(1) The Planning and Zoning Commission shall consist of five members, who shall be residents of the city, representing, insofar as possible, different professions or occupations. Members shall be appointed 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 and shall hold no other municipal or county office, except that one member may serve on the Board of Adjustment. The Mayor and Council may appoint up to two alternate members for the Planning and Zoning Commission, who shall be non-voting members unless one or more voting members are not present for a scheduled and agendized meeting, at which time the Chair, or if not present the Vice-Chair, shall call up the number of alternate members necessary to replace the absent members for discussion, deliberation and voting on agenda items. Any applicant whose item is on an agenda for which one or more alternate members is called to sit in on a meeting may request that his or her item be continued to the next scheduled meeting of the board, committee or commission and such request shall be granted by the Chair or Vice-Chair as the case may be.
(2) Within six months of a Planning and Zoning Commission rotation vacancy, the City Clerk shall prepare and implement a recruitment campaign through posting the availability in a local newspaper for one day of two consecutive weeks, publishing notifications on all social media, digital boards, and the city website, including flyers in utility billings, and physically posting notifications at the County Library branch, Utility Services Office, and the City Hall exterior bulletin board. Each applicant shall be required to fill out a Planning and Zoning Commissioner Application (either a hard copy or on-line) and return it to the City Clerk no later than the noted deadline. The applications will be reviewed by the Commissioner Review Board, followed by candidate interviews, and the Commissioner Review Board will make recommendations for approval to Council for filling rotation vacancies.
(3) The Commission Review Board shall be made up of three Council members appointed by Council.
(C) Term of office. The term of office of members of the Planning and Zoning Commission shall be four years, providing that the appointments first made under this amended chapter shall be two for four years and three for two years, with the effective date of appointment being July 1, 2022. Alternate members shall be appointed for four-year terms. Members may be reappointed. All members shall hold office until their successors are appointed. Any member of the Planning and Zoning Commission may be removed 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. Failure to attend three regular meetings in a fiscal year and/or three special meetings or any combination thereof resulting in the absence of three consecutive meetings in a fiscal year will be considered cause for removal. 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.
(D) Organization. The City Council shall appoint 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. The Planning and Zoning Commission shall schedule at least one regular meeting in each month at such time and place as may be fixed by the Planning and Zoning Commission. If there is no business to conduct, the meeting may be cancelled by posting the cancellation 24 hours prior to the scheduled meeting. The Zoning Administrator shall be responsible for posting the cancellation. Special meetings of the Planning and Zoning Commission may be called by the Chairperson, by any three members of the Planning and Zoning Commission, or the City Manager. 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 findings, and determinations, which record shall be a public record.
(E) Duties of the Planning and Zoning Commission. It shall be the duty of the Planning and Zoning Commission to:
(1) 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 chapter and with the provisions of Arizona Revised 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;
(2) Determine and recommend to the City Council decisions regarding the classification of parcels of land from one zoning district to another;
(3) Recommend to the City Council changes in any of the regulations of this chapter as to the use of land in any district, or as to the restrictions upon buildings or structures therein by amendment to this chapter;
(4) Make and recommend decisions to the City Council regarding conditional uses as provided for under this chapter;
(5) Determine and make decisions regarding temporary uses as provided under this chapter;
(6) Make and recommend to the City Council for adoption a general plan to guide the physical development of the city.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Res. R22-06-15, passed 6-21-2022; Ord. O22-06-04, passed 6-21-2022; Ord. O23-01-01, passed 1-18-2023; Ord. O25-11-10, passed 11-4-2025)
§ 154.037 BOARD OF ADJUSTMENT.
(A) Board of Adjustment. The City Council shall serve as the Board of Adjustment, unless a Board of Adjustment is hereby established consisting of five members to be appointed by the Mayor and with the consent of the City Council. The members shall be residents of the city.
(B) Membership. Each member of the Board of Adjustment shall be appointed for a term of two years, provided that the appointments first made under this chapter shall be two for one year and three for two years, each appointment shall be made for the full term of two 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 shall 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.
(C) Adoption of rules. The Board of Adjustment shall adopt by-laws and rules governing its organization and meetings, and the by-laws and rules 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 of Arizona. 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 or 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 that fact, and shall keep records of its examination of other official actions, all of which shall be immediately filed in the offices of the Board and shall be of public record.
(D) Appeals to the Board of Adjustment. 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. The appeal shall be taken within 30 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.
(E) Duties of the Board of Adjustment. The Board of Adjustment shall be, and it is hereby, endowed with the following enumerated duties:
(1) 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 chapter or of any ordinance adopted pursuant to this chapter;
(2) To vary or adjust the strict application of the requirements of this chapter 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 chapter. Variances may be granted only for hardships related to the physical characteristics of land. Variances to this chapter 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:
(a) 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 chapter;
(b) 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 chapter 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
(c) The granting of the adjustment is in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3) To grant exceptions and variances upon request where, after a showing that an illegal construction or a non-conforming 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.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.038 ZONING ADMINISTRATOR.
(A) Establishment of Zoning Administrator. Pursuant to A.R.S. § 9-462.05, the staff position of Zoning Administrator shall be and is hereby established for the general and specific administration of this chapter. The Zoning Administrator shall be appointed by the City Manager and shall perform such duties as set forth in this chapter. In the event that no such person is appointed or if the Zoning Administrator becomes unavailable, the Community Development Director or their designee shall serve as the Zoning Administrator.
(B) Duties of the Zoning Administrator. It shall be the responsibility of the Zoning Administrator to perform the following duties:
(1) Receive, process, record, and administer all requests for approvals and permits, as governed by this chapter;
(2) 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 chapter;
(3) 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 chapter;
(4) To take such action as is necessary for the enforcement of this chapter relating to violations of the regulations and restrictions;
(5) To pass upon all building permits to determine if the proposed construction, remodeling, or alterations are in conformity with the provisions of this chapter; and
(6) To ensure compliance with state statutes, following city notification procedures for proposed residential developments impacted by high noise and accident potential generated by Luke Air Force Base will be adhered to effective February 27, 1998. Upon submission by individual(s) on land use and zoning applications, staff will review applications for completeness and proceed with the following:
(a) A notice by first class mail shall be sent to the Arizona Military Airport Preservation Committee, Chair and/or Co-Chairs informing them of a proposed residential development that is the vicinity of a military airport and on which the day-night average sound level is 65 decibels or greater.
(b) A notice by first class mail shall be sent to the property owner(s) at the address shown on the record of the county assessor 30 days before final approval of the change in the land use plan or zoning regulation.
(c) A notice by first class mail shall be sent to the same property owner(s) immediately following the final approval of such a change in the plan or regulation.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.039 METHOD OF DOCUMENTING AMENDMENTS.
(A) Any official amendments to this chapter of the city shall be incorporated in a timely manner. The amendments shall be added to or deleted from the appropriate place. Where additional pages are required due to any amendment, the necessary pages shall be paginated using the proceeding page number followed by the appropriate alphabetical designation (5a, 5b, and the like).
(B) Amendments will be followed by the ordinance number and date of adoption which shall appear in parentheses.
(C) The table of contents shall be amended as necessary to reflect the amendments.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)