Page City Zoning Code
ADMINISTRATION
§ 152.070 PURPOSE.
This chapter defines the authority and responsibilities of city staff and official bodies in the administration of this chapter.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.071 CITY COUNCIL.
The City Council is the governing body of the city as established in Chapter 30 of this code.
(A) Powers and duties. The City Council shall have the following powers and duties relating to the administration and enforcement of this chapter:
(1) Act as the review and decision-making body on all specified planning matters as outlined in this chapter or by state law; and
(2) Take such other action not expressly delegated exclusively to the Director, the Planning Commission, or the Board of Adjustment as the City Council may deem desirable and necessary to implement the provisions of this chapter.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.072 PLANNING AND ZONING COMMISSION.
(A) The Planning and Zoning Commission shall be established as set forth in § 31.24 of this code (A.R.S. §9-461.02).
(B) Powers and duties. The Planning and Zoning Commission shall have the following powers and duties:
(1) Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the general plan map and text, pursuant to § 152.088;
(3) Initiate, conduct hearings, and decide on proposed conditional use permits, pursuant to § 152.091;
(4) Initiate, conduct hearings, and make recommendations to the City Council on proposed modifications to approved conditional use permits, pursuant to § 152.086(J);
(5) Exercise such other powers and perform such other duties as are provided by law and directed by the City Council.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.073 BOARD OF ADJUSTMENT.
The Board of Adjustment is hereby created, which shall have the powers and duties set forth in this code (A.R.S. § 9-462.06).
(A) Appointment and members. The Board of Adjustment shall consist of five electors of the city, appointed by the Council. In the absence of a Board of Adjustment or by desire of the Council, it may act as the Board of Adjustment. In such case, the Council shall meet as a Board of Adjustment and not take action as a Board at regular Council meetings. The Council acting as a Board shall adhere to the applicable rules listed in this section.
(B) Term of office and removal.
(1) All appointments shall serve staggered terms of three years. Vacancies occurring other than through expiration of the term may be filled for the unexpired portion of the term, or as deemed appropriate by Council.
(2) The term of all members shall extend until their successors are qualified, provided that three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the pleasure of the appointing authority without the necessity of a hearing or notice. Such action shall be final.
(3) Members of the Board may, after a public hearing, be removed by the Council for inefficiency, neglect of duty or malfeasance in office. Council shall file a written statement of the reasons for the removal.
(4) All members shall serve without pay. However, members may be reimbursed for actual expenses incurred in connection with their duties upon authorization by the Board and approval of the expenditures by the Council.
(C) Organization.
(1) The Board shall elect a Chairperson and a Vice-Chairperson from its members, who shall serve in this capacity for one year and until their successors are elected and qualified.
(2) The Chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Chairperson shall have the power to administer oaths and take evidence.
(3) In the absence of the Chairperson, the Vice-Chairperson shall perform the required duties.
(4) Chairperson vacancies shall be filled for the unexpired term by a new election. In the case of the Council acting as Board, the Mayor shall act as Chairperson.
(5) The Council shall appoint a Secretary who shall keep minutes of the Board's proceedings, showing the votes of each member and records of its examinations and other official actions. The Secretary shall cause a file to be kept of all Board meetings in the office of the City Clerk and retained as a public record.
(D) Meeting and hearing conduct. Meetings and hearings shall be conducted in accordance with the following:
(1) Meetings of the Board shall be open to the public. The Board shall conduct their open meetings according to the applicable procedures provided by law, including but not limited to the Arizona open meetings laws.
(2) Meetings and hearings shall be conducted at the call of the Chairperson or the Director and at such other times as the appointed body may determine. All meetings and hearings shall be conducted pursuant to the procedures set forth in this chapter, city code or state law.
(3) The appointed commission may conduct special meetings for good cause on call of the chairperson, or Director, or by a majority of the members, or as may be scheduled by a majority vote of the members at a previous meeting. The manner of the call shall be recorded in the minutes of the special meeting, and at least 24 hours' notice of the meeting shall be provided to each member and the general public.
(4) The Board may ask city departments for assistance in the performance of its duties, and it shall be the duty of each department to render assistance to the Board as may be reasonably required.
(5) In the case of the Council acting as the Board, a majority of the Council shall constitute a quorum. Otherwise, the presence of a majority of the Board shall constitute a quorum. The Board shall act by motion or resolution. The affirmative vote of a majority of all members shall be required for passage of any matter before the Board. A member may abstain from voting only upon a declaration of a conflict of interest, in which case the member shall not participate in the deliberations of the matter in question.
(E) Powers and duties. The Board of Adjustment shall have the following powers and duties:
(1) Hear and decide appeals in which it is alleged there is an error in a decision made by the Director in the enforcement of the zoning ordinance;
(2) Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions to assure the change authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
(3) Reverse or affirm the order, requirement or decision of the Director appealed from, and make such order, requirement, decision or determination as necessary; and
(4) Shall exercise such other powers as may be granted by this chapter and adopt all rules and procedures necessary for the conduct of its business.
(F) Restrictions. The Board of Adjustment may not:
(1) Make any changes in the uses permitted in any zoning district, or make any changes in the terms of the zoning ordinance provided the restriction in this division shall not affect the authority to grant variances pursuant to this section; and
(2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.074 PLANNING AND ZONING DIRECTOR.
Pursuant to A.R.S § 9-462.05, the provisions of this code shall be administered and enforced by the Planning and Zoning Director (Director). The Director shall be a regular, full-time employee of the city and shall be appointed by the City Manager. In the event that no such person is appointed or if the Director becomes unavailable, the Assistant Planner or Chief Building Official shall serve as the Director.
(A) Powers and duties. The Director is hereby authorized and is hereby delegated the authority to commence an action to enforce the provisions of this chapter, pursuant to A.R.S. § 9-462.05.A, § 9-462.05.B, and shall have the following powers and duties:
(1) To establish rules, procedures and forms to provide for the efficient and timely processing of applications or requests for action under the provisions of this chapter.
(2) To accomplish all administrative actions required by this chapter, to include official notification, scheduling of hearings, preparation of reports, receiving and processing appeals, acceptance and accounting of fees and rejection or approval of permits and plans as provided in other provisions of this chapter.
(3) To provide advice and recommendations to the Planning and Zoning Commission, the Board of Adjustment and the City Council with respect to applications, requests for approval and permits as required by this chapter.
(4) To interpret the zoning ordinance to the public, city departments and other branches of government, subject to the advice of the City Attorney and specific policies established by the City Council.
(5) To undertake preliminary discussions with and provide non-legal advice to applicants requesting zoning interpretive actions.
(6) To assure that any development or use proceed only in accordance to the terms, conditions or requirements established by the city's Boards, Planning and Zoning Commission or City Council, as a term, condition or requirement of development and/or permit approval.
(7) To direct such inspections, observations and analysis of any and all 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 Chief Building Official or Director has signed-off on, and a certificate of occupancy has been issued under this chapter.
(8) To enter or inspect any building, structure, premises, or real property in the city upon which, or in connection with which, a development or land use is located or proposed for the purpose of inspection to ensure compliance with the provisions of this chapter. Such inspections shall be carried out in compliance with A.R.S. § 9-833.
(9) To take such action as is necessary for the enforcement of this chapter with respect to any violations of this chapter.
(10) To interpret the location of any zoning district boundary shown on the zoning map adopted as part of this chapter when such location is in dispute.
(11) The Director may, due to the complexity of any matter, unless otherwise noted herein, refer a permit application to the Planning and Zoning Commission for a recommendation.
(12) The Director shall delegate administrative functions as deemed necessary to execute the intent of this code to members of the Planning and Zoning Department staff.
(B) Restrictions. The Director may not:
(1) Make any changes in the uses permitted in any zoning classification or zoning district, or make any change in the terms of the zoning ordinance; provided that the restriction in this division shall not affect the authority to grant variances pursuant to A.R.S § 9-462.06.
(2) Refuse to sign-off on a building permit or occupancy permit when the applicant has complied with all provisions of this and other applicable ordinances or codes.
(C) Liability. The Director, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act, or by reason of an act or omission in the discharge of their duties. A suit brought against the Director, or designee, because such act or omission performed by the Director, or designee, in the enforcement of any provision of such code or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the city until final termination of such proceedings. Any resulting judgment shall be assumed by the city.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)