(1) To hold public hearings when necessary or when required by law;

(2) To initiate, hear, review, and make recommendations to the City 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 City’s planning area, which in the opinion of the Commission is substantially related to the planning of the City;

(3) To make recommendations to the City 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 City Council on such matters as applications for protected development rights plans, subdivision final plats, and any other permit or review process in accordance with the provisions of this title;

(6) To hear, review and make recommendations to the City Council on conditional use permits;

(7) To hear, review and decide on subdivision preliminary plats in accordance with the provisions of the City’s subdivision ordinance; and

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

(1) Officers. A member must have served on the Commission for a period of one year prior to being eligible to serve as an officer. 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 City Clerk as a public record.

(3) Quorum. Four 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 or more members present who are eligible/qualified to vote on the matter. The affirmative vote of the majority of the members present 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 they have a conflict of interest. If a member has a conflict of interest, he/she shall declare the 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 may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the City Attorney and approved by the City Council. (Ord. 312 § 2(2.1), passed 4-11-2012; Ord. 344 § 1, passed 1-27-2016. Code 2012 § 152.026.)

(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 zoning ordinance, 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:

(4) The Board of Adjustment may not:

(1) Chairpersons. Whenever the City Council is serving as the Board, the Mayor and Vice Mayor shall serve as the chairperson and vice-chairperson respectively. Otherwise, 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 chairperson of the Board. Meetings of the Board shall be open to the public and public input shall be taken at the discretion of the chairperson. 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 City Clerk as a public record.

(3) Quorum. Four members of the Board shall constitute a quorum for the transaction of business. No matter may be considered by the Board unless there are four 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 they have a conflict of interest. If a member has a conflict of interest he/she shall declare the 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 may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the City Attorney and approved by the City Council.

(1) To establish rules, procedures and forms to provide for processing of applications or requests for action under the provisions of this title;

(2) Accomplish all administrative actions required by this title, including the giving of notice, scheduling of hearings, preparation of reports, receiving and processing appeals, and the acceptance and accounting of fees, as provided in other provisions of this title;

(3) To review and either approve or reject applications for temporary use permits, site plan reviews, minor lot splits, and minor variances as provided in other provisions of this title;

(4) Pursuant to A.R.S. § 9-462.06(A), and if delegated by the Council to act in the capacity as Hearing Officer, to hear and decide on matters within the jurisdiction of the Board of Adjustment;

(5) 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 title;

(6) To assure that any development or use proceed only in accordance to the terms, conditions, or requirements as established by the City’s board(s), Commission or 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 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 title. No building shall be occupied until such time as the Zoning Administrator has issued a letter of compliance with this title or countersigned the certificate of occupancy as issued by the Building Official;

(8) To take such action as is necessary for the enforcement of this title with respect to any violations of this title;

(9) Interpret this title to the public, City departments, and other branches of government, subject to the supervision of the City Manager and general or specific policies established by the City Council;

(10) Undertake preliminary discussions with and provide nonlegal advice to applicants requesting zoning adjustment action;

(11) Determine the location of any district boundary shown on the zoning map adopted as part of this title when such location is in dispute;

(12) 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;

(13) Determine other permitted uses and conditional uses consistent with the purpose of each specific zoning district;

(14) The Zoning Administrator or his/her designee shall be responsible for conducting the “citizen review” meetings when required by SLCC 18.15.010(C); and

(15) 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 City Council.

(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 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.

(3) 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. 312 § 2(2.3), passed 4-11-2012. Code 2012 § 152.028.)