A. Establishment and composition. The planning commission consists of seven members appointed by the council from among the residents of the town.
B. Organization. The planning commission shall consist of a chairperson, a vice-chairperson, and five other members. The planning commission shall adopt rules for its own organization and for the transaction of its business. The rules shall not conflict with other sections of this code or other ordinances of the town or with the laws of the state of Arizona.
C. Duties and powers.
1. Obligations imposed by law. The planning commission shall undertake all tasks necessary to comply with state laws.
2. Reports and recommendations. The planning commission may make reports and recommendations relating to the planning and development of the town to the council and to other organizations and residents of the town. The planning commission may recommend programs for the construction or financing of public improvements to executive or legislative officials of the town.
3. Other tasks assigned by the council. The planning commission shall undertake all other tasks assigned by the council.
A.R.S. § 9-461.02 authorizes the creation of a planning commission, and provides for local ordinance to address the organization, number of members, terms of office, method of appointment and removal of members.
A.R.S. § 9-461.06 (E) and (F) describe the planning commission’s role in the adoption and amendment of the general plan. A.R.S. § 9-461.09 requires the planning commission to hold at least one hearing on a specific plan application. A.R.S. § 9-461.12 authorizes the planning commission to hold joint meetings with other planning commissions upon approval of the council. A.R.S. § 9-462.04 (A) requires the planning commission to hold a public hearing on any zoning ordinance.
A. Establishment. There is hereby established a board of adjustment for the town. The board of adjustment shall consist of the members of the planning commission.
B. Officers; public meeting and minutes; bylaws; quorum; procedure.
1. The chair of the planning commission shall serve as the chair of the board with the power to administer oaths and take evidence.
2. The meetings of the board of adjustment shall be subject to the requirements of the Arizona open meeting laws. The minutes of the board’s proceedings shall show the vote of each member. Records of the board’s examinations and other official actions shall be filed with the secretary to the board of adjustment as a public record.
3. The board of adjustment shall follow and adhere to any rules of procedure established for the board by the council.
4. The board of adjustment shall adopt all rules and procedures necessary or convenient for the conduct of its business, consistent with applicable law and any rules of procedure established for the board by the council.
C. Powers and duties.
1. Variances. The board of adjustment shall hear and decide appeals for variances, as provided by state law.
2. Interpretations. The board of adjustment shall hear and decide appeals from zoning decisions of the planning manager, as provided by state law.
3. Other matters. The board shall consider any other matter referred by the council.
D. Compensation. The members of the board of adjustment shall serve without compensation; however, members may be reimbursed for actual expenses incurred in conjunction with their duties and authorized and approved by the council.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraph D.2
Ordinance 2022.003 amended paragraphs A and C; deleted paragraph B; and restructured paragraphs C through E as B through D
A.R.S. § 9-462.06 requires the town to establish a board of adjustment and prescribes its duties.
The Arizona open meeting laws are found at A.R.S. §§ 38-431 through -431.09, and provide for the posting of agendas, keeping of minutes, and other requirements designed to assure that meetings are conducted openly
A.R.S. § 9-462.06 (G) and (H) establish and restrict the powers and duties of the board of adjustment.
A. Pursuant to A.R.S. §9-461.03, the planning department of the town of Marana is hereby established, and here and after referred to as the development services department. The development services department shall perform the planning functions for the town and shall provide technical support and guidance for action on all plan and ordinance amendments and on applications for development approval and shall perform such other functions as may be requested by the town council or the planning commission as authorized by this code.
B. Pursuant to A.R.S. §9-462.05(C), the position of planning manager is hereby established. The planning manager is the person designated by the town manager as being primarily responsible for the administration of this title, regardless of that person’s job title. The planning manager is the “zoning administrator” for purposes of title 9, article 6.1, A.R.S. (A.R.S. § 9-462 et seq.)
Ordinance 2021.004 replaced section 17-2-3 (planning director) with section 17-2-3 (planning department and planning manager)
A.R.S. § 9-462.05 (C) requires the council to establish the office of zoning administrator, who is responsible for enforcement of the zoning ordinance. A.R.S. § 9-462 (A)(4), defines the “zoning administrator” as the official responsible for enforcement of the zoning ordinance. In Marana, the planning manager is the zoning administrator.
Ordinance 2021.004 deleted section 17-2-4 (cultural resources preservation board)