(a)

In accordance with the provisions of Arizona State Law, the City Council may from time to time adopt amendments to this chapter. An amendment to this Chapter may include changes in its text and wording, including but not limited to changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and/or procedures. Amendments may be initiated by the City Council, the Planning and Zoning Commission, the Zoning Administrator, or by petition of a person whose property would be affected by the amendment.

(b)

If an individual or other party initiates a request for an amendment to this chapter, the request must be made on a form provided by the Zoning Administrator. The request must state the exact section of this chapter proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it will assist in understanding the benefits of the amendment. The submittal must be made to the Zoning Administrator and the processing fee paid at the time of filing same.

(1)

The Zoning Administrator shall investigate and make a written recommendation on the application to the Commission within 45 days of receipt of the application. The chairperson of the Commission may authorize an extension of up to 90 days for good cause.

(2)

The Zoning Administrator shall reject any application which fails to supply sufficient information to allow the Administrator to complete his or her report. The time period set forth in the preceding subsection shall not commence until a complete application for amendment has been filed and all fees have been paid.

(c)

An amendment not initiated by the Planning and Zoning Commission shall be referred to the Planning and Zoning Commission for study and action after review, study, and recommendation by the Zoning Administrator. In its deliberations on the matter, the Planning and Zoning Commission shall consider oral or written statements from the petitioner, the public, City staff, and its own members. The Planning and Zoning Commission may approve, disapprove, or table an amendment application. The Planning and Zoning Commission shall notify the City Council, in writing, of its recommendation unless the applicant shall request that the application be withdrawn.

(d)

The City Council may, after receipt of the report and recommendation of the Planning and Zoning Commission, set a date for a public meeting and hearing on the amendment request. An amendment which has been recommended for denial by the Planning and Zoning Commission shall not be reviewed by the City Council except upon written request by the applicant. In its deliberations on the matter, the Council shall consider oral or written statements from the petitioner, the public, City staff members, and its own members. The City Council may approve the request, deny the request, or table the request.

(e)

In the event that an application for amendment is denied by the City Council or is withdrawn by the applicant after the Planning and Zoning Commission hearing, the Planning and Zoning Commission shall have no authority to review an application for the same amendment within one year of the City Council action on the previous application, or the withdrawal of same.

(1)

Unless by unanimous vote the Commission determines such a review is warranted based on newly discovered facts or information.

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

Any amendment which changes any property from one zone to another (or applies an overlay zone), imposes any regulation not previously imposed or which removes or modifies any such regulation previously imposed shall be adopted in the manner set forth in Section 14-9-3. All other amendments may be made in accordance with the procedures utilized in the amendment of other ordinances of the City.

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

(a)

If an application for amendment proposes changing any property from one zone to another, imposes any regulation not previously imposed, or which removes or modifies any such regulation previously imposed the Planning and Zoning Commission shall hold a public hearing on said amendment. Notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least 15 days before the hearing in the following manner:

(1)

The notice shall be published at least once in a newspaper of general circulation published or circulated in the City and shall be posted on the affected property in such a manner as to be legible from the public right-or-way and in at least ten public places in the City. A posted notice shall be printed so that the following are visible from a distance of 100 feet; the word "zoning," the present zoning district classification, the proposed zoning district classification and the date and time of the public hearing.

(2)

In proceedings involving rezoning of land which abuts another municipalities or unincorporated areas of the County or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. In addition to notice by publication, the City may give notice of the hearing in such other manner as it may deem necessary or desirable.

(3)

In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the assessment of the property, to be rezoned.

(4)

In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph (5) of this section:

a.

A ten percent or more increase or decrease in the number of square feet or units that may be developed.

b.

A ten percent or more increase or reduction in the allowable height of buildings.

c.

An increase or reduction in the allowable number of stories of buildings.

d.

A ten percent or more increase or decrease in setback or open space requirements.

e.

An increase or reduction in permitted uses.

(5)

In proceedings governed by paragraph (4) of this subsection, the City shall provide notice to real property owners pursuant to at least one of the following notification procedures:

a.

Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.

b.

If the City issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the City shall include notice of such changes with such utility bills or other mailings.

c.

The City shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the City. The changes shall be published in a "display ad" covering not less the one-eighth of a full page.

(6)

If notice is provided pursuant to subparagraphs (5)(b) or (5)(c) of this subsection the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice. The City may charge a fee not to exceed $5.00 per year for providing this service and may adopt procedures to implement this provision.

(7)

Notwithstanding the notice requirements set forth in paragraph (5) of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the municipality for which the notice was given.

(b)

After the hearing, the Planning and Zoning Commission or hearing officer shall render a decision in the form of a written recommendation to the Mayor and Council in such form and manner as may be specified by the Mayor and Council.

(c)

If the Planning and Zoning Commission has held a public hearing, the Mayor and Council may adopt the recommendations of the Planning and Zoning Commission or hearing officer without holding a second public hearing if there is no objection, request for public hearing, or other protest. The Mayor and Council shall hold a public hearing if requested by the party aggrieved or any member of the public or the governing body, or, in any case, if no public hearing has been held by the Planning and Zoning Commission or hearing officer. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Planning and Zoning Commission as specified in subsection (a). In addition, the City may give notice of the hearing in such other manner as it may deem necessary or desirable.

(d)

The City may enact an ordinance authorizing County zoning to continue in effect until municipal zoning is applied to the land previously zoned by the County and annexed by the City, but in no event for longer than six months after the annexation.

(e)

The City is not required to adopt a general plan prior to the adoption of zoning.

(f)

If there is no Planning and Zoning Commission, the Mayor and Council of the City shall perform the functions assigned to the Planning and Zoning Commission.

(g)

If the owners of 20 percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths of all members of the governing body of the City. The three-fourths vote is to be rounded to the nearest whole number. The protest shall be filed in writing with the City Clerk at least five days prior to the public hearing or any continued public hearing of the City Council to allow time to verify the signatures on the protest.

(h)

Notwithstanding any provision to the contrary herein, a decision by the governing body involving rezoning of land which is not owned by the City and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be effective for a least 30 days after final approval of the change in classification by the governing body.

(i)

Pursuant to the provisions of A.R.S. § 9-462.08 the Mayor and Council may establish the position of hearing officer and delegate to the hearing officer the authority to conduct hearings required in this section.

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

State Law reference— Public hearing required, A.R.S. § 9-462.04; A.R.S. § 9-462.04(H); A.R.S. § 9-462.04(J).

(a)

The Board of Adjustment may authorize a departure from the terms of the zoning regulations pertaining to height or width of structures or the size of yard and open spaces where such departure will not be contrary to the public interest, and where, as a result of conditions peculiar to the property because of its size, shape or topography, and not as a result of the action of the applicant, the literal enforcement of the provisions of this chapter would deprive the owner of the reasonable use of the land and/or building involved.

(b)

The Mayor and Council shall by resolution establish fees for variance applications which shall include the anticipated cost for publishing and mailing all notices required by this chapter or Arizona law.

(c)

A request for variance shall be made by filing an application with the Zoning Administrator and paying the required application fee. The application shall be accompanied by a development plan showing such information as the Zoning Administrator may reasonably require for purposes of this chapter. The plans shall contain sufficient information for the Board to make an informed decision on the matter. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include:

(1)

Name and address of the applicant;

(2)

The legal description of the property involved in the request for variance, including the street address, if any, of the property;

(3)

The names and addresses of the owners of the property and any other persons having a legal interest therein;

(4)

A site plan drawn to scale showing the property dimensions, grading, landscaping, and location of utilities, as applicable;

(5)

Location of all existing and proposed buildings;

(6)

Drive accesses, driveways, access roads, parking spaces, off-street loading areas, and sidewalks as applicable;

(7)

The variance requested and the reasons for the request; and

(8)

The justification for such variance in accordance with the requirements of this chapter and A.R.S. § 9-462.06.

(d)

A hearing shall be held on the variance request. Notice of the time, date, place and purpose of the variance hearing shall be published once in a newspaper of general circulation in the City and posted in a conspicuous place close to the property affected at least 15 days before the hearing, and shall be mailed at least seven days prior to the Board meeting to each owner of property situated wholly or partly within 300 feet of the property to which the variance relates. The Zoning Administrator shall be responsible for mailing such notices. For the purpose of giving mailed notice, the Zoning Administrator shall require the applicant to furnish the names and addresses of all property owners within 300 feet of the property.

(e)

In considering applications for variance, the Board shall consider the effect of the proposed variance upon the health, safety and welfare of the community, traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Board shall hear oral or written statements from the applicant, the public, City staff, or its own members. If the Board determines by motion that the special conditions applying to the structure or land in question are peculiar to such property or the immediately surrounding area and do not apply generally to other land or structures in the district in which said land is located, that granting the proposed variance will not in any way impair health, safety, welfare, or in any other respect be contrary to the intent of this chapter and any general plan of development adopted by the City, and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty, the Board may grant such variance and impose conditions and safeguards therein. A variance shall not be approved except upon the affirmative vote of three-fourths of all members of the Board.

(f)

A Board of Adjustment may not:

(1)

Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of this chapter provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this section.

(2)

Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

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

State Law reference— A.R.S. § 9-462.06.

(a)

The purpose of the design and site plan review and approval process is to evaluate all aspects of a proposed development pertaining to: Site planning, the relationship of the project to the surrounding community, building design, drainage, landscaping, signage, and compliance with the remaining provisions of this chapter and the City Code. Design and site plan review is intended to encourage development which is attractive, in harmony with its surroundings, and safe for the residents of the community. The City recognizes that a desirable and distinctive community character, founded on the principles of sound site planning and architecture, is a prime factor for a strong building environment and preservation of property values. Design and site plan review is, therefore, considered to further the public health, safety, and general welfare.

(b)

Prior to the issuance of any building, excavation, or sign permit for the development, construction, remodeling, changes or alterations of any proposed or existing project or building, the property owner or designated representative shall secure approval of the Zoning Administrator, Building Official, and City Engineer, except as exempted below. The Development Services Department shall prescribe the form and content of the application and accompanying data.

(1)

Sufficient detail shall be provided to review the site layout and design, building architecture, drainage, landscaping treatment and signage of the project.

(2)

All renderings submitted in conjunction with zoning changes, use permits, and development plans shall be realistic in nature depicting surrounding land uses, landscaping, and improvements one month after project completion.

(3)

Properties and uses exempted from design and site plan review and approval are as follows:

a.

Single-family detached dwelling units and related accessory buildings within the R1-43, R1-9 and R1-6 residential districts, unless a reduction to the minimum required front yard building setback is requested.

b.

Special exemptions for residential units as determined by City Council where lot size and type of residential units do not warrant review.

c.

Temporary sales or construction offices and temporary signs.

(c)

For purposes of this chapter, site plans are classified as major or minor site plans. All developments within the City except individual single family and duplex residential units in compliance with the minimum required front yard setback, shall be subject to this section.

(1)

Any site plan which involves one or more of the following shall be a major site plan:

a.

Forty or more dwelling units in a multiple family structure or structures.

b.

Fifteen thousand or more square feet of:

• Office space

• Retail commercial space

• Service commercial space

• Industrial space

c.

One or more buildings on one site for:

• Office use

• Retail commercial use

• Service commercial use

• Industrial use

d.

Twenty thousand or more square feet of exterior storage of materials or goods.

e.

Parking for more than 80 vehicles.

(2)

Any site plan that is not a major site plan shall be a minor site plan.

(3)

The Planning and Zoning Commission shall review all proposed major site plans, and either approve, approve with conditions, or deny such requests. The purpose of this review is to relieve demonstrable adverse impacts of the development upon public safety, health, or welfare; to protect public investment in roads, drainage facilities, sewage facilities, and other public facilities; to conserve the value of buildings; and to ensure that the regulations of the City are upheld.

(4)

The Zoning Administrator shall conduct a review of all proposed minor site plans and either approve, approve with conditions, or deny such requests. Any variances sought for approval of major or minor site plans must be sought from the Board of Adjustment.

(d)

For those rezoning requests that do not comply with the general plan adopted by the City, the site plan shall be submitted in conjunction with a rezoning application and the site plan or rezoning. The site plan and rezoning application must be submitted and approved prior to any construction or development. A general plan amendment process shall be processed prior to, or simultaneously with, the rezoning application.

(1)

For those areas with desired zoning, the site plan shall be submitted prior to any construction or development.

(e)

Applications for major or minor site plan approval shall be on a form provided by the Zoning Administrator. The application shall be accompanied by the appropriate fee and development plans showing sufficient information for the Planning and Zoning Commission or City staff to determine whether the proposed development will meet the development requirements of the City. In all cases, the application shall contain the following:

(1)

General information:

a.

Name of project/development;

b.

Location of project/development by street address;

c.

Location map, including area within one-half mile of site;

d.

Name and mailing address of developer/owner;

e.

Name and mailing address of registered engineer/architect;

f.

Date of plan preparation;

g.

North point indicator;

h.

Scale of not less than one inch to 100 feet; and

i.

Names and addresses of property owners within 300 feet of site.

j.

Existing and proposed land use category of general plan, and zoning(s) of proposed site and adjacent properties.

(2)

Site plan, including:

a.

Boundary line of property with dimensions;

b.

Location, identification and dimension of existing and proposed data, to a distance of 100 feet unless otherwise stated and how it compares to this Code:

i.

Topographic contours at a minimum interval of two feet.

ii.

Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet.

iii.

On-site streets and rights-of-way.

iv.

Ingress and egress points.

v.

Traffic flow on-site.

vi.

Traffic flow off-site.

vii.

Utilities and utility rights-of-way or easements:

(A)

Electric.

(B)

Natural gas.

(C)

Telephone, cable TV.

(D)

Water.

(E)

Sewer (sanitary treated effluent and storm).

viii.

Buildings and structures.

ix.

Parking facilities.

x.

Water bodies.

xi.

Surface water holding ponds and drainage ditches.

xii.

Surface water drainage arrows and detail showing method of controlling proper drainage.

xiii.

Significant rock outcroppings.

xiv.

Sidewalks, walkways, driveways, loading areas and docks, bikeways.

xv.

Fences and walls.

xvi.

Exterior signs.

xvii.

Exterior refuse collection areas.

xviii.

Exterior lighting.

xix.

Landscaping (detailed plan showing plantings, equipment, etc.):

(A)

Botanical and common names of vegetation to be used.

(B)

Size of plantings at time of planting and maturity.

(C)

Areas to be irrigated.

c.

Number of employee and non-employee parking spaces, existing and proposed, and total square footage of each;

d.

Site statistics including site square footage, percent of site coverage (building and parking), dwelling unit density, percent park or open space; and

e.

All data necessary to show compliance with any applicable State or Federal requirements such as the Americans with Disabilities Act.

f.

A reproducible copy of the site plan with appropriate signatures shall be submitted upon approval.

(3)

Building information (on-site), including:

a.

Height above mean sea level of the lowest floor when the structure is proposed to be located in a floodway or floodplain area;

b.

Gross square footage of existing and proposed structures; and

c.

Front, rear and side elevations, with a description of exterior materials to be used.

(4)

Permits:

a.

A listing of all required Federal, State and City permits and status of applications.

(f)

In considering an application for site plan approval under this section, the applicant shall provide information to the City staff, and they shall consider the following:

(1)

Relationship of the plan elements to conditions both on and off the property;

(2)

Conformance to the provisions of this chapter;

(3)

Conformance to the general plan adopted by the City;

(4)

The impact of the plan on the existing and anticipated traffic, parking, water, sewer, schools, fire, police, and parks;

(5)

The adequacy of the plan with respect to land use;

(6)

Pedestrian and vehicular ingress and egress;

(7)

Building location and height;

(8)

Landscaping;

(9)

Lighting;

(10)

Provisions for utilities;

(11)

Site drainage;

(12)

Open space;

(13)

Loading and unloading areas;

(14)

Grading;

(15)

Signage;

(16)

Screening;

(17)

Setbacks; and

(18)

Other related matters.

(19)

Other matters as requested by the Zoning Administrator.

(g)

The City staff shall meet with the applicant upon request. The City staff shall also consider oral or written statements from the public or other City staff members. A decision shall be made on a site plan within 30 days of the date of application.

(1)

If the above designated City approval authority determines that the proposed site plan will not be detrimental to the health, safety, or welfare of the community nor will cause traffic congestion or other community impacts, including but not limited to adverse drainage impacts, or seriously depreciate surrounding property values and at the same time is in harmony with the purposes and intent of this chapter, the plan for the area, and the general plan adopted by the City, the approving authority may grant such site plan approval and such conditions and safeguards may be imposed as they deem necessary.

(2)

Minor site plan approval applications may be denied by City staff upon finding and determination by the staff that the conditions or information required for consideration do not exist or are not complete or the proposed plan would be detrimental to the health, safety, or welfare of the community or otherwise is a violation of any provision of the City Code.

(3)

When a minor site plan approval application is denied by City staff, the applicant may appeal that denial to the Planning and Zoning Commission. If unusual or significantly difficult conditions exist which affect the site plan, the Zoning Administrator may require that the site plan be reviewed and acted upon by the Planning and Zoning Commission, in the same manner as a major site plan application. Applicants may appeal the final site plan decisions of the Planning and Zoning Commission for review by the City Council, if applicant provides a formal written request explaining the specific reason(s) for the appeal to the City Clerk within 15 calendar days of the Commission's action.

(h)

An approved site plan shall be valid for one year from its date of approval, unless expressly modified as a condition of the site plan approval. In no event shall a site plan approval be granted and valid beyond a period of three years without an active building permit.

(i)

Any amendment or modification to an approved site plan shall be submitted for approval. All amendments shall be shown on a revised site plan drawing.

(1)

Amendments to site plans shall be submitted to City staff who shall review and process, such amendment(s) in the same manner as the original approval. Amendment requests may be approved if the approval authority determines that such amendment(s) are acceptable pursuant to the provisions of this section.

(2)

Amendments to site plans previously approved by the Planning and Zoning Commission may be approved by the Commission upon finding the amended site plan is in substantial compliance with the originally approved site plan. If it is determined by the Commission that the amended site plan is not in substantial compliance with the originally approved site plan, the application shall be resubmitted and processed in accordance with the provisions and requirements of this section.

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

(a)

Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable if appropriate conditions are imposed. When such circumstances exist, a conditional use permit may be granted if authorized in the zoning district which is the subject of the request. The permit may be issued for a specified period of time, with automatic cancellation at the end of that time unless it is renewed, or conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm.

(b)

The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator the appropriate form together with the required fee. The request for a conditional use permit shall follow the applicable procedures and submittal requirements of Section 14-9-5 of this chapter regarding site plan approval.

(c)

A hearing shall be held on the conditional use request. Notice of the time, date, place and purpose of the hearing shall be published once in a newspaper of general circulation in the City and posted in a conspicuous place close to the property affected at least 15 days before the hearing, and shall be mailed at least seven days prior to the Commission meeting to each owner of property situated wholly or partly within 300 feet of the subject property. The Zoning Administrator shall be responsible for mailing such notices. For the purpose of giving mailed notice, the Zoning Administrator shall require the applicant to furnish the names and addresses of all property owners within 300 feet of the property.

(d)

No conditional use permit shall be given for a use which is not listed in this chapter as a conditional use in the particular district in which it is proposed to be located. The Planning and Zoning Commission shall consider the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding land, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and the effect of the proposed use on any general plan adopted by the City. The Planning and Zoning Commission may grant the application by motion, imposing such conditions and safeguards as it deems necessary, or it may deny the application.

If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. Applicants may appeal the decision of the Planning and Zoning Commission for consideration of the City Council, if applicant provides a formal written request explaining the specific reason(s) for the appeal to the City Clerk within 15 calendar days after the Commission's action. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by Planning and Zoning Commission.

(e)

The applicant shall be notified in writing of the action taken by the Planning and Zoning Commission within seven days of its action. If the application has been granted, a permit shall be issued upon the signature of the chairman of the Planning and Zoning Commission and the Zoning Administrator, and any conditions, automatic termination date, or period of review shall be stated on the permit.

(f)

Habitual Offenders.

(1)

A person who commits a violation of the condition(s) of their conditional use permit (CUP) after previously having been found responsible for committing three violations of conditions of the CUP within a 12-month period shall upon the Commission of the third violation within such 12 months period for the same violation of condition will be considered a habitual offender and shall be guilty of a civil violation and shall be subject to either:

a.

Punishment as provided in Sections 1-5-1(A) and 6-2-10 of this Code; or

b.

Suspension of the CUP for a minimum of 30 days. If the owner of the property subject to CUP makes changes or repairs that eliminate the offensive violations to the satisfaction of Zoning Administrator, the CUP shall be reinstated.

(2)

If the owner of the property that is subject to CUP fails to make the repairs to eliminate the offensive violations to the satisfaction of Zoning Administrator within six months after the third violation within a 12-month period, a public hearing shall be held before the Board of Adjustment to determine whether the CUP shall be rescinded.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018; Ord. No. 865, § 1, 9-22-2020)

(a)

Any aggrieved person or any officer or department of the City affected by a decision of the Zoning Administrator pertaining to this chapter, may appeal to the Board of Adjustment by filing an application with the Zoning Administrator and paying the required fee. The application shall state the name and address (or City office) of the applicant and the reasons for filing the appeal. The application shall be made within 30 days of the date said applicant received or should have received notice of the decision which is being appealed. The Zoning Administrator shall then transmit to the Board of Adjustment the complete record of the action from which the appeal is made. Failure to file a timely appeal shall preclude any other challenge to the decision of the officer of commission.

(1)

For purpose of determining the date notice of action is received or should have been received under this subsection, notice shall be deemed received, three days after notice is mailed to the person appealing, the day a building permit is posted on the subject property, or the date construction commences, which ever shall first occur.

(b)

An appeal to the Board stays all proceedings in furtherance of the action appealed unless the officer or body from which the appeal is taken certifies to the Board that by reason of facts stated in the application opposing the stay, the stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the Superior Court on notice to the Zoning Administrator and with due cause shown.

(c)

No appeal may be granted by the Board of Adjustment until a public hearing has been held on the application. A notice of time, date, place, and purpose of the hearing shall be posted in accordance with the open meeting laws and mailed to the applicant and all other parties at least 15 days prior to the date of the hearing.

(d)

If the appeal relates to a decision on a specific site, a similar notice shall be posted in conspicuous places close to the site affected and shall be mailed at least seven days prior to the date of the hearing to each owner of the property situated within 300 feet of the property to which the appeal relates. The Zoning Administrator shall be responsible for mailing such notice. For the purpose of giving mailed notice, the applicant shall furnish the names and addresses of all property owners within 300 feet of the property. The failure to receive notice by individual property owners will not invalidate the proceedings.

(e)

Within 45 days of the date of application, but no sooner than 15 days from the date of public notice, the Board shall hear arguments favoring and opposing the appeal. The Board shall consider oral or written statements from the appellant, the public and City staff members. The Board shall also consider the record of the action from which the appeal is taken. The Board may, by three-fourths majority of the entire Board, decide in favor of the appeal or by simple majority, continue the appeal. If continued, the Board shall make a decision on the appeal at its next regularly scheduled meeting. If a three-fourths majority of the Board does not decide in favor of the appellant, the appeal shall be denied. The Board may impose such conditions and safeguards on its decision as it deems necessary to satisfactorily mitigate the situation or issues of concern, but it shall not attempt to decide matters not specifically contained in the appeal.

(f)

The Board shall issue a written notice of its decision to all concerned parties and to the Zoning Administrator, who shall notify the City Council and make official record of the decision. The notice shall state the facts or findings of the matter as determined by the Board, the reasons for its decision, and any conditions applied to the decision.

(g)

The procedures set forth in this section shall be considered an administrative remedy for any person aggrieved by a decision of the Planning and Zoning Commission or the Zoning Administrator of the City. Said remedy must be exhausted prior to commencement of any action in Superior Court to challenge the decision. Any appeal of a decision of the Board of Adjustment shall be pursuant to the rules of procedure for special actions adopted by the Arizona Supreme Court. No appeal shall be accepted unless taken within 30 days of the Board decision.

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