The Mayor and City Council shall have the following powers and duties under this chapter:

(a)

To adopt, review, and amend the general plan for the City and such other plans as it may deem necessary and appropriate to fulfill the purposes of this chapter.

(b)

To hear, review and consider recommendations of the Planning and Zoning Commission in accordance with the provisions of this chapter.

(c)

To hear, review and approve tentative subdivision plats after receiving the recommendation from the Planning and Zoning Commission, in accordance with the provisions of this chapter.

(d)

To hear, review and adopt amendments to the zoning district map after recommendation by the Planning and Zoning Commission in accordance with the provisions of this chapter.

(e)

To hear, review and adopt amendments to the text of this chapter after the recommendation by the Planning and Zoning Commission, in accordance with the provisions of this chapter.

(f)

To take such other action as the City Council may deem desirable and necessary to implement the provisions of this chapter and any general plan adopted by the City Council.

(g)

Exercise the power to enforce the provisions of this chapter through its representatives and agents.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Establishment and Purpose. There is hereby created a Planning and Zoning Commission for the purpose of promoting the health, safety, order, beauty, prosperity and general welfare of the City; and for securing efficiency, economy and concerted effort in the growth and development of the City; and for exercising such powers as are granted by this chapter and A.R.S. §§ 9-461 through 9-462.08, as same may be amended from time to time.

(b)

Membership. The Commission shall consist of seven members who shall be appointed by the Mayor with the approval of the City Council. All members shall be residents of the City of Globe.

(c)

Term of Office. The term of office of members of the Commission shall be four years. All members of the Commission shall hold office until their successors are appointed by the Mayor and approved by the City Council. Any member of the Commission may be removed from office on grounds of inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause by a majority vote of the City Council. If any member shall leave office prior to the expiration of his/her term for any reason, the Mayor, with the approval of the City Council, shall appoint a new member to the Commission for the duration of the unexpired term.

(d)

Organization.

(1)

Officers. The Commission shall elect a chairperson and vice-chairperson from the members of the Commission at the first meeting held in each calendar year. The City Manager shall assign a secretary to the Commission who shall record the minutes of public hearings, take roll at meetings of the Commission, report Commission findings and recommendations to the City Council, record the votes of members of the Commission, and provide such other information as the City Council may request.

(2)

Meetings. The Commission shall hold at least one regular meeting each quarter at such time and place as may be fixed by the chairperson of Commission. Special meetings of the Commission may be called by the chairperson or upon written request signed by any three members of the Commission or City administration. All meetings shall be in compliance with the open meeting law.

(3)

Quorum. A majority of the Commission shall constitute a quorum for the transaction of business.

(4)

Rules and Regulations. The Commission shall adopt such other rules and regulations governing its organization and procedures as it may deem necessary, except that such rules and regulations shall not be inconsistent with the ordinances of the City or the laws of the State of Arizona.

(e)

Duties. In addition to any authority granted to the Planning and Zoning Commission by Arizona law, other ordinances of the City or by this chapter, the Planning and Zoning Commission shall have the following powers and duties:

(1)

To hold public hearings when necessary and make recommendations to the City Council on all matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations governing in said districts, the amendment of this chapter, and any other matter within the scope of the zoning power. The Commission shall act as an advisory board to the City Council on land use and zoning matters and is authorized to confer with other advisory committees or commissions of the City.

(2)

To administer oaths and take evidence and to keep a record of its resolutions, transactions, findings and determinations. The Commission's record shall be a public record.

(3)

To report to the Mayor and City Council the Commission's proceedings each year at such time as directed by the Mayor, with a full statement of the Commission's receipts, disbursements and the progress of its work during the preceding fiscal year.

(4)

To review and dispose of applications for conditional use permits pursuant the provisions of this chapter.

(5)

To adopt, with the consent of the Mayor and Council, all rules and procedures necessary or convenient for the conduct of the Commission's business consistent with the provisions of this chapter and Arizona law.

(6)

To initiate, hear, review and make recommendations to the City Council regarding applications for amendments to the general plan or any other such plan, in accordance with the provisions of this chapter.

(7)

To serve as an advisory body to the City Council and to furnish to the Council, through its secretary, the facts concerning any report or recommendation on matters brought before the Commission.

(8)

To make its special knowledge and expertise available, upon reasonable written request and authorization of the City Council, to any official, department, board, commission or agency of the State or the Federal government.

(9)

To initiate, hear and review applications for amendments to the zoning district map, in accordance with the provisions State statutes and this chapter.

(10)

To initiate, hear, and review applications for amendments to the text of this chapter.

(11)

To confer with and advise other similar City planning commissions or County planning commissions.

(12)

To make investigations, reports, and recommendations regarding the physical development of the City.

(13)

To review, develop and make recommendation to the Mayor and Council, on a comprehensive general plan for the development of the City and for any land outside the City which, in the opinion of the Commission, is substantially related to the planning of the City.

(14)

To hear, review and make recommendations to the City Council regarding tentative subdivision plats, in accordance with the provisions of this Code.

(15)

To make recommendations to the City Council concerning programs for the improvements and financing of public works.

(16)

To review and recommend to the City Council a zoning district map dividing the City into districts of the number, shape, and area that the Commission deems best suited to carry out the purposes and provisions of this chapter.

(f)

Compensation. The members of the Commission shall serve without compensation.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

State Law reference— Planning Commission; creation; A.R.S. § 9-461.02.

(a)

Establishment and Purpose. There is hereby created a Board of Adjustment for the purpose of hearing and deciding appeals from the decisions of the Zoning Administrator, and for exercising such other powers as may be granted by this chapter, including but not limited to, the power to decide applications for variances from the terms of this chapter, and other powers prescribed for boards of adjustment pursuant to Arizona Law.

(b)

Membership. The Board shall consist of a minimum of five and not to exceed seven members who shall be appointed by the Mayor with the approval of the City Council. All members shall be residents of the City of Globe. In lieu of appointing a Board of Adjustment, the Mayor, with the consent of the City Council, may establish the City Council as the Board of Adjustment. The members of the Board shall serve without compensation.

(c)

Term of Office. Whenever the City Council is not serving as the Board, the term of office of the members of the Board shall be four years, staggered terms. With the consent of a majority vote of the City Council, the Mayor may remove a member of the Board from that member's position on the Board for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause. If, for any reason a Board member's position shall become vacant prior to the expiration of that Board member's term of office, the Mayor, with the consent of the City Council, shall appoint a new member to fill the vacancy for the duration of the unexpired term.

(d)

Organization of Board of Adjustment.

(1)

Chairpersons. The Board shall elect a chairperson and a vice-chairperson from the members of the Board at the first meeting held in each calendar year.

(2)

Secretary. The City Manager shall assign a secretary to the Board. The secretary shall keep minutes of all Board proceedings, record the vote of each member upon each question voted upon by the Board, or the absence of members, or the member's failure to vote, if such is the case, and shall keep records of the examinations of the Board and other official actions, and shall file such records in the office of the Board as a public record.

(3)

Meetings. The chairperson shall call a meeting of the Board to decide all appeals of zoning matters and to perform any and all other duties of the Board. The Board shall meet at any other times that the Board may prescribe. All meetings of the Board shall be in compliance with Arizona Open Meeting Law.

(4)

Rules and Procedures. The Board shall adopt and publish rules and procedures necessary or convenient for the conduct of its business. The acting chairperson may administer oaths and compel the attendance of witnesses, in accordance with the laws of the State of Arizona.

(e)

Duties. In addition to any authority granted to the Board of Adjustment by State law, the Board shall have the following powers and duties:

(1)

To perform all of the duties required of a Board of Adjustment pursuant to Arizona law and this chapter and to hear and decide all matters referred to the Board by the Zoning Administrator.

(2)

To adopt rules and by-laws to govern the organization and conduct of meetings of the Board consistent with this chapter and the laws of the State of Arizona.

(3)

To hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter. This power shall include the power to reverse or affirm, wholly or in part the order, requirement, or decision of the Zoning Administrator.

(4)

To hear and decide requests for variances from the terms of this chapter, only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this chapter will deprive such property of privileges enjoyed by other property of the same classification in the zoning district in which the property is located. 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 the zoning district in which such property is located.

(5)

To hear and decide appeals in which it is alleged that an error exists in any order, requirement, decision or determination made by any administrative official of the City in the enforcement of this chapter.

(6)

To reverse, affirm, or modify, wholly or partly, any order, requirement or decision of the Zoning Administrator properly appealed to the Board, and make such order, requirement, decision or determination as is necessary.

(7)

To adopt all rules and procedures necessary or convenient for the conduct of the business of the Board consistent with the provisions of this chapter and Arizona law.

(8)

To vary or adjust the strict application of the provisions 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 a strict application of the provisions of this chapter 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 provided in Section 14-9-4 and procedures established by or pursuant to this Code. 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 district shall not be allowed. No variance or adjustment in the strict application of any provision of this chapter may be granted unless:

a.

Special circumstances or conditions, further described in the Board's findings, are peculiar to the land or building for which the variance or adjustment is sought and do not apply generally to land or buildings in the same zoning district and have not resulted from any act of the applicant subsequent to June 1998.

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 of the land or building, and the variance or 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 any general plan of development adopted by the City prior to the date the variance or adjustment is granted, and the granting of the adjustment will not be injurious to the neighborhood, the purpose of the zoning district or otherwise detrimental to the public welfare.

(9)

The Board shall prescribe in connection with any variance such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this chapter.

(10)

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 this chapter or previous zoning ordinances of the City and the City, with knowledge of the existence of the condition, has not employed any of the enforcement mechanisms prescribed by this chapter, with respect to the condition.

(f)

Appeals to the Board of Adjustment. Appeals to the Board shall be made in the manner set forth in Section 14-9-7 of this chapter.

(g)

Appeals of Board of Adjustment Decision.

(1)

A person aggrieved by a decision of the Board or an officer or department of the City of Globe affected by a decision of the Board may at any time within 30 days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board decision. The court review shall be in conformance with the rules of special action adopted by the Arizona Supreme Court.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

State Law reference— Board of Adjustment, A.R.S. § 9-462.06.

(a)

Establishment and Purpose. There is hereby created a committee to be known as the Historic Preservation Advisory Commission (HPAC), which shall:

(1)

Act as an advisory commission to the Mayor and Common Council of the City of Globe in the matter of the designation of sites, districts, and structures within the City limits as archaeologically and/or historically significant;

(2)

Review the design for alterations to designated structures and new construction within designated districts;

(3)

Recommend the approval or denial of building permits for proposed alteration or new construction following said review.

(b)

Membership. The Historic Preservation Advisory Commission (HPAC) shall consist of no fewer than five nor more than nine members who shall be appointed by the Mayor with the consent of the Council.

(c)

Term of Office. Each member shall serve for a term of three years, except that two of the initial members shall be designated upon appointment to serve a first term of two years, and two of the initial members shall be designated to serve a first term of four years.

(d)

Qualifications. Members shall meet the following qualifications:

(1)

All members shall have demonstrated interest and/or experience in or knowledge of the history of the community and the preservation of its historic and prehistoric past.

(2)

Whenever feasible, at least one member should be an architect, architectural designer, or planner with a demonstrated interest in the preservation of historic structures.

(3)

Whenever feasible, at least one member should be a licensed building contractor or journeyman building trades craftsman with demonstrated interest in the techniques involved in the preservation of historic structures.

(4)

Whenever feasible, at least one member shall also be a member of the Gila County Historical Society.

(5)

Whenever feasible, at least one member shall be the owner of a designated site or structure within a designated district.

(6)

At least one-half the members of the Commission shall reside within the corporate limits of the City of Globe.

(7)

The Mayor shall serve as an ex-officio member of the Commission. The Mayor may designate a member of the Council or City staff to serve in his/her absence.

(8)

Members may be removed from the Commission for cause or for failure to attend the required meetings of the Commission without adequate notification to the chairperson. Vacancies occurring on the Commission due to the resignation or removal of members shall be filled within 60 days.

(e)

Organization of Historic Preservation Advisory Commission (HPAC).

(1)

Chairpersons. At its initial meeting, the Commission shall elect a chairperson and such other officers as it deems useful, except that the office of secretary shall be filled by an appointment of the chairperson.

(2)

Meetings. The Commission shall meet annually within 14 days of the anniversary of its initial meeting, at which time it shall elect a chairperson and officers for the ensuing year. Thereafter, the Commission shall meet a minimum of once each quarter and at other times at the direction of the Council or call of the chairperson, or at the request of any two duly appointed members. Meetings of the Commission shall be duly noticed and open to the public, in compliance with the Arizona Open Meeting Laws.

(3)

Rules and Regulations. The Commission shall adopt rules for the conduct of its business and may, in such rules, delegate certain responsibilities to individual members or subcommittees within the Commission. Such rules shall be a matter of public record.

(4)

Quorum. A majority of the Commission shall constitute a quorum for the transaction of business.

(f)

Duties.

(1)

The Commission shall advise the Mayor and Council in all matters concerning archeological and historical structures, sites, and districts, and in this regard, it:

a.

May recommend to the Mayor and Council changes in this chapter, the building code, or other ordinances and regulations, as may enhance the purposes of this article.

b.

May recommend to the Mayor and Council acquisition by the City of structures, sites, or easements for maintenance or repair for preservation purposes where private preservation is not feasible.

c.

Shall initiate and conduct, in a methodical manner, detailed studies and surveys of that entire area located within the boundaries of the Globe City limits in an effort to identify, inventory, and recommend designation for all those structures, sites, and districts of archeological and/or historic significant found within said boundaries, with the understanding, however, that the Commission may not engage consultants or incur costs related to such studies and/or surveys without the prior consent of the Council.

(2)

The Commission shall review all applications for designation and nominations to the National Register of Historic Places, and make recommendations for approval or denial to the Mayor and Council.

(3)

The Commission shall recommend to the Mayor and Council the approval or denial of building permits for the alteration of designated structures or contributing structures within designated districts or for new construction within designated districts, and shall also recommend approval or denial of permits to demolish designated structures or contributing structures within designated districts in accordance with those procedures herein set forth.

(4)

The Commission shall work in close cooperation with the State Historic Preservation Office under the directives of 36 CFR 614(B), as may be amended from time to time, and any other applicable codes and shall prepare an annual report of its activities to be submitted to the Mayor and Council and the State Historic Preservation office.

(5)

The Commission may, with the consent of the Mayor and Council, engage such consultants and advisors as it deems necessary to assist and advise it in carrying out its assigned duties.

(g)

Compensation. Members shall serve without compensation.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 1-27-2018; Ord. No. 874, 10-24-2021)

Editor's note— Ord. No. 874, adopted Oct. 24, 2021, amended § 14-2-4, and in so doing changed the title of said section from Globe preservation advisory commission to read as set out herein.

(a)

Establishment and Purpose. The staff position of Zoning Administrator is hereby created for the general and specific administration of this chapter. The Zoning Administrator shall possess all powers of a Zoning Administrator under this chapter and Arizona Law and shall perform such duties as are set forth. During any period that the position of Zoning Administrator is vacant, the City Manager or designee shall perform the duties of, and possess the powers of, the Zoning Administrator.

(b)

Duties of the Zoning Administrator. The Zoning Administrator shall have the following duties:

(1)

To establish rules, procedures and forms to provide for processing of applications or requests for action under the provisions of this chapter.

(2)

Accomplish all administrative actions required by this chapter, including the giving of notice, scheduling of hearings, preparation or reports, receiving and processing appeals, the acceptance and accounting of fees, and the rejection or approval of site plans as provided in Section 14-9-5 hereof.

(3)

To provide advice and recommendations to the Planning and Zoning Commission the Board of Adjustment and the City Council with respect to applications and requests for approvals and permits required by this chapter.

(4)

To direct such inspections, observations and analysis of any and all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the City as is necessary to fulfill the purposes and procedures set forth in this chapter. No building shall be occupied until such time as the Zoning Administrator has issued a certificate of occupancy certifying compliance with this chapter.

(5)

To take such action as is necessary for the enforcement of this chapter with respect to any violations hereof.

(6)

Interpret the zoning code to the public, City departments, and other branches of government.

(7)

Undertake preliminary discussions with, and provide non-legal advice to, applicants requesting zoning adjustment action.

(8)

Reserved.

(9)

Prescribe in connection with any minor site plan approval such conditions as deemed necessary in order to fully carry out the provisions and intent of this Code.

(10)

Determine the location of any district boundary shown on the zoning map adopted when such location is in dispute.

(c)

To allow an opportunity for staff input and proper evaluation, all requests for action by the Planning and Zoning Commission or Board of Adjustment shall be filed with the Zoning Administrator in a form required by the Zoning Administrator and in a manner provided in this chapter or in rules or regulations approved pursuant to this Code.

(d)

The Zoning Administrator 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 code, provided that the restriction in this paragraph shall not affect the authority to grant variances properly approved by the Board of Adjustment in accordance herewith.

(e)

Any person aggrieved by a decision of the Zoning Administrator may appeal said decision to the Board of Adjustment within a period of 20 days from the date said decision is made in the manner specified in Section 14-9-7 of this chapter.

(1)

Notice shall be deemed received when actually mailed to the aggrieved person at the address provided or when notice of the action is placed upon the property.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

State Law reference— Planning Department A.R.S., § 9-461.03.

(a)

Should an administrative agency or official of the City require a property owner to complete a dedication or exaction as a condition of approving an application for use, improvement, or development of the owner's real property, said owner may appeal such decision in accordance with Article 14-11.

(b)

The provisions of this section shall not apply to a dedication or exaction required in a legislative act of the City Council which does not give discretion to an administrative agency or official to determine the nature or extent of the dedication or exaction.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

No person or entity shall be relieved from responsibility for violations of this chapter or for damages resulting from such violations by the failure of any person charged with the administration or enforcement of this chapter to observe or recognize said violations. This chapter is not intended to confer, and shall not be construed to confer, any claim or action for civil damages against any person charged with its administration or enforcement for any failure to observe or recognize violations of, or to enforce the provisions of, this chapter.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)