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The Board of Adjustment is hereby created, which shall have the powers and duties set forth in this code (A.R.S. § 9-462.06).
(A) Appointment and members. The Board of Adjustment shall consist of five electors of the city, appointed by the Council. In the absence of a Board of Adjustment or by desire of the Council, it may act as the Board of Adjustment. In such case, the Council shall meet as a Board of Adjustment and not take action as a Board at regular Council meetings. The Council acting as a Board shall adhere to the applicable rules listed in this section.
(B) Term of office and removal.
(1) All appointments shall serve staggered terms of three years. Vacancies occurring other than through expiration of the term may be filled for the unexpired portion of the term, or as deemed appropriate by Council.
(2) The term of all members shall extend until their successors are qualified, provided that three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the pleasure of the appointing authority without the necessity of a hearing or notice. Such action shall be final.
(3) Members of the Board may, after a public hearing, be removed by the Council for inefficiency, neglect of duty or malfeasance in office. The Council shall file a written statement of the reasons for the removal.
(4) All members shall serve without pay. However, members may be reimbursed for actual expenses incurred in connection with their duties upon authorization by the Board and approval of the expenditures by the Council.
(1) The Board shall elect a Chairperson and a Vice-Chairperson from its members, who shall serve in this capacity for one year and until their successors are elected and qualified.
(2) The Chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Chairperson shall have the power to administer oaths and take evidence.
(3) In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson.
(4) Chairperson vacancies shall be filled for the unexpired term by a new election. In the case of the Council acting as Board, the Mayor shall act as Chairperson.
(5) The Council shall appoint a Secretary who shall keep minutes of the Board's proceedings, showing the votes of each member and records of its examinations and other official actions. The Secretary shall cause a file to be kept of all meetings of the Board in the office of the City Clerk and retained as a public record.
(D) Meeting and hearing conduct. Meetings and hearings shall be conducted in accordance with the following:
(1) Meetings of the Board shall be open to the public. The Board shall conduct their open meetings according to the applicable procedures provided by law, including but not limited to the Arizona open meetings laws.
(2) Meetings and hearings shall be conducted at the call of the Chairperson or the Zoning Administrator and at such other times as the appointed body may determine. All meetings and hearings shall be conducted pursuant to the procedures set forth in this chapter, city code or state law.
(3) The appointed commission may conduct special meetings for good cause on call of the chairperson, or Zoning Administrator, or by a majority of the members, or as may be scheduled by a majority vote of the members at a previous meeting. The manner of the call shall be recorded in the minutes of the special meeting, and at least 24 hours' notice of the meeting shall be provided to each member and the general public.
(4) The Board may ask city departments for assistance in the performance of its duties, and it shall be the duty of each department to render assistance to the Board as may be reasonably required.
(5) In the case of the Council acting as the Board, a majority of the Council shall constitute a quorum. Otherwise, the presence of a majority of the Board shall constitute a quorum. The Board shall act by motion or resolution. The affirmative vote of a majority of all members shall be required for passage of any matter before the Board. A member may abstain from voting only upon a declaration of a conflict of interest, in which case the member shall not participate in the deliberations of the matter in question.
(E) Powers and duties. The Board of Adjustment shall have the following powers and duties:
(1) Hear and decide appeals in which it is alleged there is an error in a decision made by the Zoning Administrator in the enforcement of the zoning ordinance;
(2) Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
(3) Reverse or affirm the order, requirement or decision of the Zoning Administrator appealed from, and make such order, requirement, decision or determination as necessary; and
(4) Shall exercise such other powers as may be granted by this chapter and adopt all rules and procedures necessary for the conduct of its business.
(F) Restrictions. The Board of Adjustment may not:
(1) Make any changes in the uses permitted in any zoning district, or make any changes in the terms of the zoning ordinance provided the restriction in this division shall not affect the authority to grant variances pursuant to this section; and
(2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
(Ord. 648-18, passed 11-28-2018)