A.

The town council shall serve as the board of adjustment.

B.

The word "board" when used in this chapter shall mean the Youngtown town council sitting as the board of adjustment.

C.

The mayor, or in his or her absence the vice-mayor, shall act as the chairperson of the board of adjustment. In the absence of both the mayor and the vice-mayor, the members present shall elect a member to serve as chairperson pro tem.

(Ord. 02-12 (part); Ord. 00-12 § 2: Zoning Ord. 2-3-101)

All meetings of the board shall be held at the call of the chairperson and at such other times as the board or the town council shall determine. All meetings of the board shall be open to the public. The chairperson of the board, or in his or her absence an acting chairperson, may administer oaths, take evidence and compel the attendance of witnesses.

(Zoning Ord. § 2-3-102)

The board may make, publish and adopt rules and regulations to govern its proceedings, and to carry into effect the provisions of this title. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions. Every rule, regulation or repeal thereof, and every order, requirement, decision or determination of the board shall be reduced to writing and immediately filed in the office of the board and shall be a public record. The office of the town clerk shall be deemed to be the office of the board.

(Zoning Ord. § 2-3-103)

A.

Applications or petitions for appeals, variances, interpretations or other matters coming within the jurisdiction of the board shall be presented and filed at the office of the town manager in such form as shall be approved by the town manager. At the time of filing, the applicant or petitioner shall file a separate application for each appeal, variance, interpretation or other matter coming before the board, and the applicant or petitioner shall pay a separate filing fee for each application for each appeal, variance interpreted or other matter coming before the board. The filing fee shall be in such sum as may be, from time to time, fixed by resolution of the town council, which fee shall not be refundable.

B.

Applications initiated by the town shall not be subject to the requirements of a filing fee.

C.

Filing fees for variances and other matters to be heard by the board shall be established from time to time by resolution of the council. Filing fees shall be non-refundable.

D.

The board shall fix a reasonable time not to exceed thirty (30) days for hearing the application, and give notice thereof to the parties in interest by letter, and the public by posting in three separate places in the town, the time and place of the hearing.

E.

All applications for variances shall be accompanied by a waiver of claims for diminution in value pursuant to A.R.S. § 12-1134, executed by all owners of property subject to the variance.

(Ord. 02-12 (part); Ord. 96-02 § 1(a); Zoning Ord. § 2-3-104)

(Ord. No. 11-08, § I, 4-21-11)

A.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of an administrative official, within thirty (30) days by filing with the officer from whom the appeal is taken and with the board, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record, upon which the action appealed from was taken, to the board of adjustment.

B.

The appeal shall stay all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certifies to the board that, by reason of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board or by a court of record on application and notice to the officer from whom the appeal is taken. The board shall fix a reasonable time, not to exceed, thirty (30) days, for hearing the appeal and give notice thereof to the parties in interest and the public. The board shall determine whether it has jurisdiction over all matters to be heard by the board, setting forth in written form the basis upon which the board has assumed or will assume jurisdiction.

(Zoning Ord. § 2-3-105)

The board shall:

A.

Hear and decide appeals when there is error in an order, requirement or decision made by any administrative official in the enforcement of this title;

B.

Hear and decide special exceptions to the terms of this title upon which the board is required to pass under this title;

C.

Authorize, in specific cases, such variances from the terms of this title as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship;

D.

Reverse or affirm, wholly or partly, or modify the order or decision appealed from and make such order or decision as ought to be made, and to that end shall have the powers of the officer from whom the appeal is taken.

E.

If the board of adjustment determines that a particular case requires the expertise of a professional, it may appoint a hearing officer for that one case for a reasonable professional fee. A specially appointed professional hearing officer need not be a town resident.

(Ord. 02-12 (part); Ord. 95-01; Zoning Ord. § 2-3-106)

The concurring vote of a majority of the board shall be necessary to reverse an order or decision of an administrative official, or to decide in favor of the applicant, on any matter upon which it is required to pass under this title, or to effect any variation in this title.

(Zoning Ord. § 2-3-107)

The granting of a variance shall have no precedent value whatsoever as to whether a variance should be granted with regard to any other use in Youngtown.

(Zoning Ord. § 2-3-108)