(A) The Board, organized as provided under Ordinance No. 364 of the Town of Payson, shall, at its first meeting every July, elect a Chairman and Vice Chairman from among its appointed members, who shall preside at all meetings and hearings of the Board, decide all points of order or procedure and perform any duties required by law, ordinance or this Code. The members of the Board shall be appointed by the Council. The term of the Chairman shall be one year and any member serving as Chairman shall be eligible for re-election and have the power to administer oaths and take evidence.
(B) The Board of Adjustment shall have public meetings and minutes of its proceedings showing the vote of each member and records of its examinations and other official actions shall be filed in the office of the Board as a public record.
(C) Duties and powers.
(1) A Board of Adjustment shall:
(a) Hear and decide appeals from the decisions of the Zoning Administrator, or the Commission, and shall exercise such other powers as may be necessary or proper for the conduct of his business and adopt all rules and procedures necessary or convenient for the conduct of its business.
(b) Hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this Code.
(c) Hear and decide appeals for variances from the terms of the zoning section of this Code (§§ 154-02-001 through 154-02-016), only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings the strict application of the zoning provisions of this Code in §§ 154-02-001 through 154-02-016, 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 property is located.
(d) Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator, or Commission, appealed from, and make such order, requirement, decision or determination as necessary.
(2) A Board of Adjustment may not:
(a) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning provisions of this Code, provided the restriction in this division shall not affect the authority to grant variances pursuant to this Code and A.R.S. Article 6.1 of Chapter 4 of Title 9.
(b) Grant a variance if the special circumstances applicable to the property are the result of actions taken by the property owner or previous property owner.
(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)