(A) Zoning Administrator.
(1) For reference, this title equates to Zoning Administrator as mandated in A.R.S. § 9-462.05.
(2) For the purpose of enforcement of the provisions of this chapter, there is hereby created the position of Zoning Administrator and such deputy specialists as may be required, who shall be appointed by the Town Council. The Zoning Administrator shall administer and enforce this chapter, including the receiving of applications, the inspection of premises, and the issuing of permits. No building permit or certificate of occupancy shall be issued, except where the provisions of this chapter have been complied with.
(B) Zoning inspection.
(1) Responsibility. The Code Enforcement Officer is responsible for investigating all complaints of suspected violations of this chapter and other applicable codes within the town's jurisdiction.
(2) Inspection. With proper permission from the property owner or his or her agent, the Code Enforcement Officer may, in the discharge of his or her duties, and for good and probable cause, enter private property during assigned working hours to inspect same in connection with any application made under the terms of this chapter, or for any investigation as to whether or not any portion of the property, building or other structure was constructed or is being used in violation of this chapter. If permission to enter property is unobtainable, refused or withdrawn, the Inspector shall follow legally prescribed procedures for seeking a search warrant subject to the protections provided for rights of the property owner by the State of Arizona and the United States Constitution.
(C) Zoning violation.
(1) The erection, construction or alteration of any structure or the use of any property or structure, not in conformance with this chapter constitutes a violation.
(D) Zoning violation hearing.
(1) The Hearing Officer may hear and decide complaints alleging violations of this chapter, as authorized by A.R.S. § 9-462.04.
(2) The form and service of complaints, and the hearing procedures of the Hearing Officer, shall follow the zoning enforcement Rules of Procedure adopted by the Town Council.
(E) Hearing Officer.
(1) Scope. The Hearing Officer hears and decides zoning violations, as authorized by A.R.S. §§ 9-462 et seq.
(2) Powers and duties. The Hearing Officer performs the following duties. Refer also to division (D) of this section.
(a) The Hearing Officer hears and decides complaints alleging civil violations of this chapter.
(b) The Hearing Officer administers oaths.
(c) The Hearing Officer issues subpoenas and summonses ordering appearance before the Hearing Officer.
(d) The Hearing Officer makes any other order necessary for the determination and resolution of zoning violations.
(3) Appeals.
(a) The decision of the Hearing Officer may be appealed to the Board of Adjustments.
(b) The decision of the Board of Adjustments may be appealed to the Superior Court in accordance with A.R.S. §§ 12-901 et seq.
(4) Appointment. The Hearing Officer shall be appointed by the Town Council.
(5) Qualifications.
(a) The Hearing Officer shall have training, experience or familiarity with administrative hearings and this chapter.
(b) The Hearing Officer may be an employee of the town, except that the Hearing Officer shall not be a Code Enforcement Officer.
(6) Annual review. The Town Council shall conduct an annual review of the Hearing Officer.
(7) Removal. The Town Council has the authority to remove the Hearing Officer, by majority vote, for neglect of duty, inefficiency or misconduct in office.
(8) Transaction of business. The Hearing Officer shall follow the procedures set forth in the zoning enforcement Rules of Procedures, as adopted and amended by resolution.
(F) Zoning Administrator authority. The purpose of this division (F) is to grant authority to the Zoning Administrator to take action on requests for minor modifications or adjustments to certain requirements of this chapter, when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of this chapter.
(1) Adjustments. For the purpose of administering this division, an adjustment in any variance to the terms or requirements of this chapter, which, if granted, would allow the following:
(a) A decrease of not more than 2% of the required minimum lot area;
(b) A decrease of not more than 5% of the required minimum lot area per dwelling;
(c) A decrease of not more than 10% of the required minimum lot width and/or depth;
(d) A decrease of not more than 20% of the required width of a side yard or the required building separation;
(e) A decrease of not more than 20% of the required front or rear yard;
(f) An increase of not more than 20% of the permitted height of a fence or wall;
(g) An increase of not more than 10% of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys and fireplaces into any required front, rear or side setback;
(i) An increase of not more than 10% in the maximum allowable lot coverage; and
(j) An increase of not more than 10% in the permitted height of buildings.
(k) The Zoning Administrator may take requests from existing utility companies or by existing non-profit community service organizations for minor adjustments to the terms and requirements of this section for flexibility of setbacks, lot sizes, areas, heights and similar minor variances, when additions or new facilities are needed to better protect and serve the residents and businesses of the Town. “Existing” refers to those utilities and non-profit community-service organizations that are in existence within the Town’s jurisdiction as of January 15, 2010. The Zoning Administrator may only consider requests for minor adjustments as follows:
1. A request may be considered from an existing utility company or district that serves existing properties within the town, and such request is based on the need to provide for improved service and/or safety to residents and businesses in the town;
2. A request may be considered from an existing non-profit community service organization that provides the community with services typical of those that local government may provide, such as community/activity center, recreational facilities, library, and the like;
3. A request may be considered for the on-site placement of additional equipment, fences/walls, lighting or identification sign, or for small expansions of buildings or facilities;
4. A request for a major building or facility expansion, or for a new building or facility on undeveloped property, may not be considered for a minor adjustment; such request shall be filed for variance through the Board of Adjustment procedures as specified in this section;
5. An approval of a minor adjustment is conditional approval granted for the applicant and the community service or utility it provides; if such community service or utility ceases, such conditional approval shall be terminated.
6. In addition to the requirements for an application for adjustment in division (F)(2) an applicant shall provide the Zoning Administrator with a list of names and addresses of adjacent property owners, and with two sets of stamped envelopes so addressed for notification prior to and subsequent to the findings and decision of the Zoning Administrator on the applicant’s request. The Zoning Administrator shall also transmit notification to the Town Council prior to and subsequent to the findings and decision. The Zoning Administrator shall include information regarding appeals division (F)(6) of said decision with the notice sent to adjoining property owners, and posted on the applicant’s property, subsequent to the decision.
7. Additional development plans such as elevations of structures, landscaping and screening, and evidence of applicant ability and intention to proceed with actual construction (i.e., construction commencement and completion schedule, bonding for completion of work including additional paving or dust control, screening) and other amenities as deemed necessary by the Zoning Administrator from the concerns of adjacent property owners may be required.
8. Compliance with all other provisions of the Town Code (e.g., Dark Sky Ordinance and building codes) is required.
(2) Applications. Application for an adjustment shall be filed with the Zoning Administrator and shall include the following:
(a) Statement as to the nature of the request;
(b) Legal description;
(c) Signatures of the property owner(s) of record or the authorized agent of the owner(s);
(d) A letter of authorization, if the property owner is represented by an agent;
(e) A site plan of the subject property showing existing and proposed structures, access, parking, and distances from structures to property lines and to other structures;
(f) Written permission to enter the property;
(g) Any other information reasonably necessary to evaluate the application, which is required by the Zoning Administrator or his or her designee; and
(h) Name and mailing address of adjacent affected property owner(s). Notification ofthe request will be sent to the adjacent affected property owner(s) for their information and comment.
(3) Findings. In granting an adjustment, the Zoning Administrator shall make findings of fact as provided for in divisions (C) and (D) of this section, which establish the criteria for granting a variance.
(4) Site area; additional findings. In order to grant approval of an administrative adjustment allowing a reduction in minimum lot area or parcel size, the Zoning Administrator must make the following additional findings:
(a) That the property cannot otherwise meet the minimum lot area requirement of its current zoning classification; and
(b) If a requested reduction of minimum lot area is or would result in a decrease of area greater than 2% of the requirement set by theappropriate density district, the applicant shall request a Zoning Map change in accordance with § 153.022 in order to further reduce the minimum lot area requirement.
(5) Fees. A processing fee shall be submitted in association with a minor administrative variance application. Upon receipt of an appeal, as set out under division (F)(6) below, a fee equal to a standard variance application shall be necessary to cause the matter to be presented to the Board of Adjustment. Any fee submitted for the minor administrative variance application shall be applicable to the standard variance application.
(6) Appeals. If the Zoning Administrator denies an application for an adjustment or, if the applicant disagrees with the conditions imposed on the granting of an adjustment, if any, the applicant may file for a variance in accordance with this section.
(Ord. 08-44 § 205, passed 10-21-2008)