The mayor and town council ("council") shall have the following powers and duties, pursuant to the terms of this title:

   A.   To hear, review and consider recommendations of the planning and zoning commission on zoning applications, use permits, and appeals, in accordance with the provisions of this title.

   B.   To initiate, 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 title.

   C.   To initiate, hear, review and adopt amendments to the text of this title after the recommendation by the planning and zoning commission, in accordance with the provisions of this title.

   D.   To initiate, adopt, and amend the general plan, including the text, maps and exhibits, and all elements of the general plan, after recommendation by the planning and zoning commission in accordance with the provisions of this title.

   E.   To take such action not expressly delegated exclusively to the zoning administrator, the planning and zoning commission, or the board of adjustment as the town council may deem desirable and necessary to implement the provisions of this title and the general plan. (Ord. 03-2005, 9-6-2005)

   A.   Establishment: There is hereby established, pursuant to Arizona Revised Statutes section 9-461.01 et seq., a planning agency known as the town of Parker planning and zoning commission ("commission").

   B.   Powers: The commission is the planning agency for the town and has the powers to enable it to fulfill its planning function, in accordance with the Arizona Revised Statutes. The commission shall provide an advisory function to assist the town council in making decisions pertaining to amendments to the general plan and this title, and applications for development approval. In no event is the commission authorized to render a final decision approving, denying, or conditionally approving a change in this title or general plan, or to render a final decision on an application for development approval, except as otherwise authorized in this section.

   C.   Duties: In addition to any authority granted to the commission by Arizona law, other ordinances of the town or by this title, the commission shall have the following powers and duties:

      1.   To hold public hearings when necessary or when required by law.

      2.   To initiate, hear, review, and make recommendations to the town council regarding applications for amendments to the general plan or area specific plans, in accordance with the provisions of this title. On an annual basis review and make recommendations to the mayor and council concerning the general plan as well as plans for the development of any land outside the town's planning area, which, in the opinion of the commission, is substantially related to the planning of the town.

      3.   To make recommendations to the town council on all matters concerning or relating to the creation of zoning ordinances, the zoning district map, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title, and to undertake any other activities usually associated therewith and commonly known as "planning and zoning".

      4.   To initiate, hear and review applications for amendments to either the zoning district map and/or the text of this title, in accordance with the provisions of this title.

      5.   To serve as the advisory body to the town council on such matters as applications for site plan review, conditional use permits, protected development rights plans, and any other permit or review process in accordance with the provisions of this title.

      6.   To hear, review and decide on subdivision preliminary plats and minor lot splits, in accordance with the provisions of the town's subdivision ordinance.

      7.   To confer and advise with other town or city, county, regional, or state planning agencies and commissions.

   D.   Membership: The commission shall consist of seven (7) members, all residents of the town, who shall be appointed by, and serve at the pleasure of, the town council.

   E.   Term Of Office: The term of office of the members of the commission shall be three (3) years, with the terms of members so staggered that the terms of no more than three (3) members shall expire (on January 1) in any one year. The incumbent commissioner shall continue to serve, after his or her term of office has expired, until a successor has been appointed. In the event of a death, resignation, or removal from the commission, a resident appointed by the town council shall fill the vacancy for the unexpired term.

   F.   Nonattendance: Three (3) successive unexcused absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the town council without the necessity of a hearing or notice, and such action shall be final and the position shall thereupon be declared vacant.

   G.   Organization:

      1.   Officers: The commission shall elect a chairperson and vice chairperson from among its own members at its first meeting in January each year. The chairperson shall preside at all meetings and shall take such actions as necessary to preserve order and the integrity of all proceedings before the commission. The vice chairperson shall perform the duties of the chairperson in the latter's absence or disability.

      2.   Meetings: Meetings of the commission shall be open to the public. Public input shall be permitted in public meetings on matters before the commission. The minutes of the proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the office of the town clerk as a public record.

      3.   Quorum: Four (4) members of the commission shall constitute a quorum for the transaction of business. No matter may be considered by the commission unless there are four (4) or more members present who are eligible/qualified to vote on the matter. The affirmative vote of at least the majority of the quorum present and voting shall be required to pass a motion. If a member has been present for the entire presentation of an issue, that member may abstain from voting only because he or she has a conflict of interest. If a member has a conflict of interest, he or she shall declare said conflict of interest prior to the presentation and shall abstain from all discussion and deliberation on the matter in question.

      4.   Rules And Regulations: The commission shall follow the current edition of "Robert's Rules Of Order" for the conduct of its meetings in the event of a procedural dispute. The commission may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the town attorney and approved by the town council.

   H.   Compensation: The members of the commission shall serve without compensation. The commissioners may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the town manager. (Ord. 03-2005, 9-6-2005)

   A.   Establishment: There is hereby established, pursuant to Arizona Revised Statutes section 9-462.06 et seq., a town of Parker board of adjustment ("board").

   B.   Powers And Duties: In addition to any authority granted to the board of adjustment by Arizona law, the board shall have the following powers and duties:

      1.   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 title. This power shall include the power 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.

      2.   To hear and decide requests for variances from the terms of this title, only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this title 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 as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district in which such property is located.

      3.   A variance from the terms of this title may only be granted, upon the presentation of evidence demonstrating that the specific requirements established by state statutes have been satisfied:

         a.   There exists special circumstances or conditions regarding the land, or building for which the variance or adjustment is sought, which do not apply generally to other land or buildings in the same zoning district; and

         b.   The above special circumstances or conditions are preexisting and are not created or self-imposed; and

         c.   The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in the same zoning district and the variance or adjustment, as granted, is the minimum adjustment that will accomplish this purpose; and

         d.   The granting of the adjustment will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

      4.   The board of adjustment may not:

         a.   Make any changes in the uses permitted in any zoning classification or zoning district, or

         b.   Make any changes in the terms of this title, provided the restrictions in this subsection shall not affect the authority to grant variances pursuant to state statutes.

   C.   Membership: The board shall consist of five (5) members who shall be residents of the town of Parker. All members shall be appointed by, and serve at the pleasure of, the town council.

   D.   Term Of Office: The term of office of the members of the board shall be three (3) years, with the terms of members so staggered that the terms of no more than two (2) members shall expire on January 1 in any one year. The incumbent members shall continue to serve, after their term of office has expired, until a successor has been appointed. In the event of a death, resignation, or removal from the board, the town council shall fill the vacancy for the unexpired term.

   E.   Nonattendance: Two (2) successive unexcused absences from any regular meeting shall be grounds for termination at the will and pleasure of the town council without the necessity of a hearing or notice, and such action shall be final and the position shall thereupon be declared vacant.

   F.   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. The chairperson shall preside at all meetings, administer oaths and take evidence. The vice chairperson shall perform the duties of the chairperson in the latter's absence or disability.

      2.   Meetings: Meetings of the board of adjustment will be called as needed by the chair of the board. Meetings of the board shall be open to the public and public input shall be taken at the discretion of the chairman. The minutes of the proceedings, showing the votes of each member and records of its examinations and other official actions, shall be kept and filed in the office of the town clerk as a public record.

      3.   Quorum: Three (3) members of the board shall constitute a quorum for the transaction of business. No matter may be considered by the board unless there are three (3) or more members present who are eligible/qualified to vote on the matter. The affirmative vote of at least the majority of the quorum present and voting shall be required to pass a motion. If a member has been present for the entire presentation of an issue, that member may abstain from voting only because he or she has a conflict of interest. If a member has a conflict of interest, he or she shall declare said conflict of interest prior to the presentation and shall abstain from all discussion and deliberation on the matter in question.

      4.   Rules And Regulations: The board shall follow the current edition of "Robert's Rules Of Order" for the conduct of its meetings in the event of a procedural dispute. The board may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the town attorney and approved by the town council.

   G.   Appeals Of Board Of Adjustment Decision: A person aggrieved by a decision of the board of adjustment or an officer or department of the town of Parker affected by a decision of the board may, at any time within thirty (30) days after the board has rendered its decision, file a complaint for special action in superior court to review the board's decision.

   H.   Compensation: The members of the board shall serve without compensation. The board members may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board and approval of such expenditures by the town manager. (Ord. 03-2005, 9-6-2005)

   A.   Establishment: Pursuant to Arizona Revised Statutes section 9-462, the staff position of zoning administrator is hereby established for the general and specific administration of this title. The zoning administrator is charged with the enforcement of this title. During any period that the position of zoning administrator is vacant, the town manager or his/her designated representative shall perform the duties of the zoning administrator.

   B.   Powers: The zoning administrator shall possess all powers of a zoning administrator under this title and Arizona law and shall perform such duties as are set forth under the direction of the town manager.

   C.   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 title.

      2.   To accomplish all administrative actions required by this title, including the giving of notice, scheduling of hearings, preparation of reports, receiving and processing appeals, the acceptance and accounting of fees, and the rejection or approval of site plans as provided in other provisions of this title.

      3.   To provide advice and recommendations to the planning and zoning commission, the board of adjustment, and the town council with respect to applications and requests for approvals and permits required by this title.

      4.   To assure that any development or use proceed only in accordance to the terms, conditions, or requirements as established by the town's board(s), commission or council as a term, condition, or requirement of development and/or permit approval.

      5.   To direct such inspections, observations and analyses of any and all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the town as is necessary to fulfill the purposes and procedures set forth in this title. No building shall be occupied until such time as the zoning administrator has issued a letter of compliance with this title.

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

      7.   To interpret this title to the public, town departments, and other branches of government, subject to the supervision of the town manager and general or specific policies established by the town council.

      8.   To undertake preliminary discussions with, and provide nonlegal advice to, applicants requesting zoning adjustment action.

      9.   To determine the location of any district boundary shown on the zoning map adopted as part of this title when such location is in dispute.

The zoning administrator may, due to the complexity of any matter, unless otherwise noted herein, refer a permit application to the planning and zoning commission for recommendation.

   D.   Limitations Of Zoning Administrator: The zoning administrator may not make any changes in the uses permitted in any zoning classification or zoning district or make any changes in the terms of this title.

   E.   Appeals:

      1.   Any person aggrieved or affected by a decision of the zoning administrator may appeal to the board of adjustment, by filing a written request with the zoning administrator. Upon receiving a written appeal, the zoning administrator shall transmit to the board of adjustment all papers and pertinent data related to the appeal.

      2.   An appeal under this section must be filed within ten (10) working days from the date the zoning administrator has notified the applicant, in writing, of his/her decision. If no appeal is filed within the time specified, the decision of the zoning administrator shall be final.

   F.   Submittal Requirements: 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. All requests shall be in a form required by the zoning administrator and in a manner provided in this title or in rules or regulations approved by resolution of the town council.

   G.   Stay Of Proceedings: An appeal to the board of adjustment stays all proceedings in the matter appealed from, unless the zoning administrator certifies to the board that, based on the facts stated, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order granted by the board or by a court of record on application and notice to the zoning administrator. Proceedings shall not be stayed if the appeal requests relief, which has previously been denied by the board, except pursuant to a special action in superior court as provided for in state law. (Ord. 03-2005, 9-6-2005)