21-5-5: ZONING ADMINISTRATOR:

Pursuant to Arizona Revised Statutes, chapter 9-462.05(C), the staff position of Zoning Administrator is hereby established for the general and specific administration of this chapter. The Zoning Administrator is hereby charged with the responsibility for enforcement of this chapter but may also be referred to as the Community Development Director. During any period that the position of Zoning Administrator is vacant, the City Manager or his/her designated representative shall perform the duties of the Zoning Administrator. (Ord. 18-880, 7-23-2018)

21-5-5.1: POWERS AND DUTIES OF THE ZONING ADMINISTRATOR:

The Zoning Administrator shall have the following duties:

   A.   To establish rules, procedures and forms to provide for the efficient and timely processing of applications or requests for action under the provisions of this chapter.

   B.   Accomplish all administrative actions required by this chapter, including the giving of official notifications, scheduling of hearings, preparation of reports, receiving and processing appeals, the acceptance and accounting of fees, and the rejection or approval of permits and plans as provided in other provisions of this chapter.

   C.   To provide information, advice and recommendations to the Planning and Zoning Commission, the Board of Adjustment, and the City Council with respect to applications, requests for approval and permits required by this chapter.

   D.   To help ensure that any development or use proceed only in accordance with the terms, conditions, or requirements as established by the City board(s), Planning and Zoning Commission or City Council as a term, condition, or requirement of development and/or permit approval.

   E.   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 chapter. No building shall be occupied until such time as the Zoning Administrator has issued a letter of compliance with this chapter.

   F.   To hear, review and take action on all site plan review applications within any overlay zoning district.

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

   H.   To interpret this chapter 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.

   I.   Undertake preliminary discussions with, and provide nonlegal advice to, applicants requesting zoning adjustment action.

   J.   Determine the location of any district boundary shown on the Zoning Map adopted as part of this chapter when such location is in dispute.

   K.   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. (Ord. 18-880, 7-23-2018)

21-5-5.2: LIMITATIONS OF THE ZONING ADMINISTRATOR:

   A.   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 chapter. (Ord. 18-880, 7-23-2018)

21-5-5.3: LIABILITY OF THE ZONING ADMINISTRATOR:

The Zoning Administrator, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act, or by reason of an act or omission in the discharge of their duties. A suit brought against the Zoning Administrator, or designee, because such act or omission performed by the Zoning Administrator, or designee, in the enforcement of any provision of such code or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the City of Eloy until final termination of such proceedings. Any resulting judgment shall be assumed by the City of Eloy. (Ord. 18-880, 7-23-2018)

21-5-6: DEVELOPMENT REVIEW COMMITTEE:

A Development Review Committee (DRC) is created which shall include the Zoning Administrator, City Planner, City Engineer, Chief Building Official, Police Chief, Eloy Fire District representative, and City Utilities Manager, or their respective designees, and any other City and/or Pinal County staff as deemed appropriate by the Zoning Administrator. (Ord. 18-880, 7-23-2018)