This Development Code shall be administered by the Lake Havasu City Council, Planning and Zoning Commission, the Community Investment Department, the Community Investment Department Director, and the Zoning Administrator, and in compliance with state law (A.R.S. § 9-461), which shall collectively perform the functions of the Planning Agency in Lake Havasu City. This section describes the authority and responsibilities of each of these bodies in the administration of this Development Code. Each reference to an individual or officer of the city includes any duly authorized representatives of the named individual or officer.
A. City Council. The City Council (the “Council”), in matters related to the city’s planning process, shall perform the duties and functions identified in this Development Code, in compliance with state law (A.R.S. § 9-462.01) including but not limited to considering and making decisions on:
1. General Plan amendments under § 14.05.04A.;
2. Development Code amendments under § 14.05.04K.;
3. Zoning Map amendments under § 14.05.04K.;
4. Planned Development general development plans under § 14.05.04L.;
5. Appeals of Commission decisions under § 14.05.03O.6.; and
6. Abandonment of easements under § 14.05.04J.
B. Planning and Zoning Commission.
1. Establishment. The Planning and Zoning Commission, (the “Commission”) is established in compliance with state law (A.R.S. § 9-461.02).
2. Appointment. The Commission shall be comprised of 7 regular members and 3 alternate members appointed by the Mayor and Council. All Commission members/alternates shall be residents of the city and serve without compensation.
3. Membership terms.
a. Members. The terms of office of the members of the Commission shall be for 3 years unless sooner removed by the Council for good cause shown.
b. Alternates. The terms of office of the alternates of the Commission shall be for 2 years unless sooner removed by the Council.
c. Commencement date. All terms of office shall commence on July 1 in the year of appointment.
d. Vacancies. If a vacancy should occur the vacancy shall be filled by appointment, by Council, for the unexpired portion of the term of the vacancy.
e. Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
f. Staggering of terms. The terms of office shall be staggered.
4. Meetings and proceedings.
a. Meetings. The regular meetings of the commission shall be held every first and third Wednesday of the month commencing at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
b. Commission minutes. The minutes of the Commission shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
c. Commission secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the Commission, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
d. Quorum. A quorum necessary for the transaction of business shall consist of 4 members.
e. Organization. The Commission shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months, who shall have the power to administer oaths and take evidence.
5. Authority and duties. The Commission shall have the authority to perform the duties and functions identified in this Development Code and by state law (A.R.S. §§ 9-461.02 et seq.) The Commission shall:
a. Engage in those planning activities authorized by state law, including the development and maintenance of the General Plan stating the city’s goals and development policies for all of the mandatory elements.
b. Assist the Council with anticipating and guiding future development and change by preparing and recommending on Capital Improvement Plans, ordinances, plans, regulations, reports, studies, and other documents for formal consideration and adoption by the Council.
c. Conduct hearings and other activities as identified in this Development Code.
d. Maintain the standards of architecture and site design in compliance with § 14.05.04H.
e. Hear and decide or recommend on requests for the following:
i. Whether to approve, conditionally approve, or disapprove concept Development Plans, conditional use permits, parking-in-common plans, and preliminary subdivision plats, and impose conditions determined to be reasonable and necessary to fully carry out the purpose, intent, and provisions of this Development Code;
ii. Make recommendations to the Council on amendments to this Development Code, the General Plan and any specific plan, or the Zoning Map; and
iii. Hear appeals of decisions or determinations made by the Director.
f. Sit as Administrative Hearing Officer in compliance with division F.2. below.
6. Limits of responsibility. The Commission may not:
a. Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
b. Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
c. Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
C. Board of Adjustment (BOA).
1. Establishment. The Board of Adjustment (the “BOA”) is hereby established in compliance with state law (A.R.S. § 9-462.06). All members of the BOA must be residents of the city, must be at least 18 years of age, and shall serve without compensation.
2. Appointment.
a. The BOA shall be comprised of seven regular members appointed by the Mayor and City Council.
b. The Mayor and City Council shall also appoint 3 alternate members who may be called by the chairperson to serve in place of a regular member who is unable to attend the proceedings for the purpose of obtaining a quorum.
3. Terms of office. The terms of office of the members of the BOA shall be for 3 years, and the terms of office for alternates shall be 2 years, unless sooner removed by the Council for good cause shown.
a. If a vacancy should occur, other than by expiration, the vacancy shall be filled by the approval of the Mayor and Council, by appointment for the unexpired portion of the term of the vacancy.
b. If any member misses 4 regular meetings within the fiscal year without prior notification to the Chairman or the BOA Secretary, the member shall be deemed as resigned.
c. Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
d. Staggering of terms. The terms of office shall be staggered.
4. Meetings and proceedings.
a. Organization. At the first scheduled meeting each June, the BOA shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months commencing July 1. The chairperson has the power to administer oaths and take evidence. Chairpersons and vice-chairpersons are eligible for reappointment. Vacancies in the office of chairperson or vice chairperson shall be filled for the unexpired term by a new election at any regular or properly scheduled meeting of the BOA. A 1-year minimum in serving on the BOA is necessary before a member is eligible for nomination as chairperson or vice chairperson.
b. Meetings. Regular meetings of the BOA shall be held on the second and fourth Wednesday of each month at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
c. BOA minutes. The minutes of the BOA shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
d. BOA secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the BOA, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
e. Quorum A quorum necessary for the transaction of business shall consist of 4 members.
5. Authority and duties. The BOA shall have the following authority:
a. Appeals. Hear and decide appeals when there is an alleged error in any decision, determination, order, or requirement made by the Zoning Administrator.
b. Variances. Hear and decide requests for variances from the terms of this Development Code, in compliance with § 14.05.04D., because of special circumstances applicable to a property, including its location, shape, size, surroundings, or topography, where the strict application of this Development Code would deprive the property of privileges enjoyed by other similar properties in the same zoning district, or where a variance is needed to comply with state or federal law, including but not limited to the federal Fair Housing Act amendments of 1988. No variance may permit a use that is not permitted in a zoning district, as shown in Article III (Permitted Uses). The BOA may attach conditions to the variance as it may determine to be reasonable and necessary in order to fully carry out the provisions and intent of this Development Code.
6. Limits of responsibility. The BOA may not:
a. Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
b. Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
c. Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
7. BOA’s action is final. The decision of the BOA is the final action by the city in compliance with state law (A.R.S. § 9-462.06).
8. Person(s) aggrieved by BOA decisions. Any person(s) aggrieved by a decision of the BOA may, at any time within 30 days after the BOA has rendered its decision, file a complaint for special action in the Superior Court to review the BOA’s decision, in compliance with state law (A.R.S. § 9-462.06K.).
9. Ex parte communications. The BOA acts in a quasi-judicial manner and shall not entertain, accept or participate in any ex parte communications as set forth below.
a. Prohibition against ex parte communications. To ensure that the decision-making process is fair and impartial, the members of the BOA shall not, directly or indirectly, participate in any ex parte communication relevant to an application pending before that body. Ex parte communications are oral or written communications related to the matter to be heard by the BOA and that is made to or by any member of the Board, including in person, telephonic or electronic communications that occur outside of a public meeting of the hearing body.
b. Exceptions. This prohibition shall not apply to communications between the members of the BOA and city 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. All such communications shall be documented and entered into the record of the proceedings.
c. Disclosure of communications. If a BOA member receives an ex parte communication, the BOA member shall place the communication in the public record and enter into the minutes a statement describing the communication.
D. Community Investment Department Director (CID).
1. Delegation by Director. The Community Investment Department Director (“Director”) may delegate any or all of the responsibilities of the Director to Department staff under the supervision of the Director, unless state law prohibits such delegation.
2. Duties and authority. The Director shall:
a. Have the responsibility to perform all of the functions designated by state law;
b. Direct city employees assigned to the Planning, Zoning, and Building Departments, gather and maintain land use and building permit records and provide these to the Planning Commission, BOA, Council, and the public, and provide budgets, records of income and expense, and other data requested by the City Manager; and
c. Perform the duties and functions identified in this Development Code, including the initial review of land use applications, in compliance with § 14.05.02.
E. Zoning Administrator (ZA). The Zoning Administrator shall have responsibility for interpretation and enforcement of this Development Code with the authority to take action on applications for all administrative permits and approvals issued by the Department, as identified in § 14.05.02. Appeals from the determination of the Zoning Administrator shall only be considered by the BOA.
F. Administrative Hearing Officer.
1. Establishment and duties. In order to decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement, or development of real property on the requirement of an exaction or dedication, there shall be, and is created, the position of Administrative Hearing Officer. This provision is created in accordance with state law (A.R.S. §§ 9-500.12 and 9-500.13).
2. Commission to sit as Administrative Hearing Officer. For purposes of this section, the Commission shall be authorized to sit as the Administrative Hearing Officer.
(Ord. 18-1210, passed 12-11-2018; Ord. 18-1196, passed 4-10-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016; Ord. 22-1285, passed 4-12-2022)