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.