21-5-4.2: APPEALS OF A BOARD OF ADJUSTMENT DECISION:

   A.   A person aggrieved by a decision of the Board of Adjustment or an officer or department of the City of Eloy affected by a decision of the Board may, at any time within thirty (30) days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board’s decision.

      1.   An appeal shall stay all proceedings in the matter appealed from unless the person from whom the appeal is taken obtains relief from the Superior Court, which has upon finding that such a stay would cause imminent peril to life or property. If relief is provided, the proceedings shall not be stayed, unless by a restraining order granted by the Arizona Appellate Court of record. (Res. 24-1599, 10-14-2024)

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)

21-5-6-1: PURPOSE OF THE DEVELOPMENT REVIEW COMMITTEE:

The purpose of the Development Review Committee is to review various development plans and/or proposals relating to zoning changes, General Plan amendments, conditional use permits, site plans, preliminary and final subdivision plats, temporary use permits and/or building permits and provide technical review, guidance and direction to the Zoning Administrator in making an administrative decision to approve, conditionally approve, or deny an application for site plan review or design review. (Ord. 18-880, 7-23-2018)

21-5-6.2: POWERS AND DUTIES:

The Development Review Committee shall have the following powers and duties:

   A.   Provide a prospective property owner, developer, or homebuilder with advice, guidance or direction for the purpose of achieving development that conforms with Eloy's General Plan, this Code, this chapter, subdivision regulations or other pertinent regulations, and the City's goals for quality development in the community.

   B.   Advise the Zoning Administrator whether to approve, conditionally approve, or disapprove any application for site plan review or design review. The applicant shall be responsible for proving that the intent and purpose of this chapter and other applicable provisions of this chapter will be satisfied.

   C.   The committee, upon reviewing an application for site plan review or design review, may recommend to the Zoning Administrator reasonable conditions to carry out the intent of this chapter.

   D.   The committee shall also provide technical review and recommendations to the Zoning Administrator for transmittal to the Planning and Zoning Commission and City Council on zoning amendments, conditional use permits, special use permits, preliminary and final subdivision plats, General Plan amendments, and all other land use and development applications that require Planning and Zoning Commission and/or City Council review and action.

   E.   Meetings shall be at the call of the Zoning Administrator or on an as-needed basis.

   F.   The Zoning Administrator shall be responsible for coordinating and directing the meetings of the committee and issuing all written decisions. (Ord. 18-880, 7-23-2018)