A. Establishment: Pursuant to Arizona Revised Statutes section 9-462, the staff position of zoning administrator is hereby established for the general and specific administration of this title. The zoning administrator is charged with the enforcement of this title. During any period that the position of zoning administrator is vacant, the town manager or his/her designated representative shall perform the duties of the zoning administrator.
B. Powers: The zoning administrator shall possess all powers of a zoning administrator under this title and Arizona law and shall perform such duties as are set forth under the direction of the town manager.
C. Duties Of The Zoning Administrator: The zoning administrator shall have the following duties:
1. To establish rules, procedures and forms to provide for processing of applications or requests for action under the provisions of this title.
2. To accomplish all administrative actions required by this title, including the giving of notice, scheduling of hearings, preparation of reports, receiving and processing appeals, the acceptance and accounting of fees, and the rejection or approval of site plans as provided in other provisions of this title.
3. To provide advice and recommendations to the planning and zoning commission, the board of adjustment, and the town council with respect to applications and requests for approvals and permits required by this title.
4. To assure that any development or use proceed only in accordance to the terms, conditions, or requirements as established by the town's board(s), commission or council as a term, condition, or requirement of development and/or permit approval.
5. To direct such inspections, observations and analyses of any and all erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the town as is necessary to fulfill the purposes and procedures set forth in this title. No building shall be occupied until such time as the zoning administrator has issued a letter of compliance with this title.
6. To take such action as is necessary for the enforcement of this title with respect to any violations of this title.
7. To interpret this title to the public, town departments, and other branches of government, subject to the supervision of the town manager and general or specific policies established by the town council.
8. To undertake preliminary discussions with, and provide nonlegal advice to, applicants requesting zoning adjustment action.
9. To determine the location of any district boundary shown on the zoning map adopted as part of this title when such location is in dispute.
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.
D. Limitations Of Zoning Administrator: 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 title.
E. Appeals:
1. Any person aggrieved or affected by a decision of the zoning administrator may appeal to the board of adjustment, by filing a written request with the zoning administrator. Upon receiving a written appeal, the zoning administrator shall transmit to the board of adjustment all papers and pertinent data related to the appeal.
2. An appeal under this section must be filed within ten (10) working days from the date the zoning administrator has notified the applicant, in writing, of his/her decision. If no appeal is filed within the time specified, the decision of the zoning administrator shall be final.
F. Submittal Requirements: To allow an opportunity for staff input and proper evaluation, all requests for action by the planning and zoning commission, or board of adjustment, shall be filed with the zoning administrator. All requests shall be in a form required by the zoning administrator and in a manner provided in this title or in rules or regulations approved by resolution of the town council.
G. Stay Of Proceedings: An appeal to the board of adjustment stays all proceedings in the matter appealed from, unless the zoning administrator certifies to the board that, based on the facts stated, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order granted by the board or by a court of record on application and notice to the zoning administrator. Proceedings shall not be stayed if the appeal requests relief, which has previously been denied by the board, except pursuant to a special action in superior court as provided for in state law. (Ord. 03-2005, 9-6-2005)