The Board of Adjustment of the Town of Dewey-Humboldt (the “Board”) is established pursuant to A.R.S. § 9-462.06.
(A) Structure. The Town Council shall appoint a Board of Adjustment of the town. The Board of Adjustment shall consist of five members appointed by the Council. Initially two members shall be appointed for two year terms and three members shall be appointed for four year terms. Thereafter, all appointments shall be for four year terms.
(B) Procedure. Meetings of the Board shall be open to the public and held at the call of the Chairperson. The Board shall adopt rules to govern its proceedings not inconsistent with this chapter and the laws of Arizona. At the next meeting after appointments to the Board are made by the Council pursuant to division (A), the Board shall elect a Chairperson from among its members, who shall serve a two year term. The Chairperson shall be the executive officer of the Board with the power of administering oaths and taking evidence, and shall preside over its meetings and hearings. The minutes and records of all Board proceedings shall be kept as required by A.R.S. § 38-431.01, and filed as public records in the office of the Town Clerk.
(C) Powers and duties.
(1) The Board has the following powers and duties:
(a) Hear and decide appeals from a decision, determination or interpretation made by the Zoning Administrator, in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of a zoning ordinance;
(b) 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 shall be 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 vicinity and zone in which such property is located;
(c) Hear and decide appeals from division of the Hearing Officer pursuant to § 153.019(D) and (E);
(d) Hear and decide appeals from decisions of the Zoning Administrator in requests for adjustments as set forth in division (D) below;
(e) 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
(f) Interpret this chapter when the meaning of any word, phrase, or section is in doubt, or where doubt exists as to the proper district of a specific use.
(2) The Board shall not:
(a) Make any changes in the uses permitted in any zoning classification or district;
(b) Make any changes in the zoning ordinance; or
(c) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
(D) Hearing applications. Hearing applications shall be filed in writing in the office of the Zoning Administrator, on forms provided therefor, by any person or by any officer, department, board or bureau of the town affected by any order or decision of the Zoning Administrator, within 30 days thereafter, and specifying the grounds thereof; or for rulings on other matters of Town Council jurisdiction.
(1) An appeal shall stay all proceedings in the matter appealed unless the Zoning Administrator certifies to the Board that, by reason of the fact stated in his or her approval letter, a stay would (in his or her opinion) cause imminent peril to life or property. In this case, proceedings shall not be stayed except by restraining order granted by a court of record on application and notice to the Zoning Administrator.
(2) In addition to any other requirements specified, applications for variances shall, at a minimum, include the following :
(a) Evidence showing why, due to special circumstances or conditions applicable to the property, including its size, shape, topography, location or surroundings, of the zoning ordinance would deprive the property owner of privileges enjoyed by other property owners of the same classification in the same zoning district; and
(b) Evidence showing that the variance will not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity and district in which the property is located; and
(c) Evidence that the special circumstances applicable to the property were or are not self-imposed by the property owner; and
(d) Evidence showing why granting the variance substantially meets the intent and purpose of the zoning district in which the property is located, and will not detrimentally affect the health or safety of the neighborhood residents or the public welfare or be injurious to property or improvements.
(E) Hearings and rulings. The Board of Adjustment shall hold at least one public hearing, within a reasonable time from the date of application, after giving a minimum of 15 days’ notice thereof to parties of interest and the public, by posting at the property of application (if property is involved) and by publishing once in a newspaper of general circulation in the town. The Board of Adjustment shall render a decision within 30 days after the initial hearing on same, unless an extension is agreed to by the Board and the applicant.
(1) In approving an application, in all or in part, the Board of Adjustment may impose reasonable conditions necessary to achieve the general purposes and objectives of this chapter, and to protect the public health, safety and general welfare or to ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. If conditions are violated or not complied with, upon notice to the property owner by the Zoning Administrator, a hearing shall be held and, if the violation is sustained, the approval may be revoked.
(2) The concurring vote of a majority of a quorum of the members shall be necessary to render a ruling, unless otherwise required by state law or the town zoning ordinance.
(3) Decisions of the Board of Adjustment may be appealed to the Superior Court within 30 days of the decision by the Board.
(4) Quasi-judicial role; ex parte communications.
(a) The Board of Adjustment acts in a quasi-judicial manner and, to ensure that the decision-making process is fair and impartial, no member of the Board shall, directly or indirectly, entertain, accept or participate in any ex parte communication relevant to an application pending before the Board.
(b) Ex parte communications are oral or written communications related to the matter to be heard by the Board and which are made to or by a member of the Board, including in person, telephonic or electronic communications that occur outside of a public meeting of the Board.
(c) Exceptions. This prohibition shall not apply to communications between the members of the Board and town staff. This prohibition is not intended to prevent site visits, the receipt of expert opinions, and the review of mail and other correspondence relating to the proceedings.
(d) If a Board member receives an ex parte communication, the Board member shall place the communication in the public record or shall enter into the record a statement describing the time, place and content of the communication.
(Ord. 08-44, § 207, passed 10-21-2008; Am. Ord. 09-60, passed 12-15-2009; Am. Ord. 12-92, passed 7-10-2012; Am. Ord. 17-132, passed 1-17-2017; Am. Ord. 17-133, passed 3-21-2017)