A. Public Hearings: Any permit for which a public hearing is required will be noticed in accordance with Arizona Revised Statutes, section 9-462.04. The applicant, or their representative are to be present at the public hearing or meeting in which their permit is considered.
B. Decision Making And Appeals:
1. General: All appeals will be considered by the agency to which they have been appealed at a public hearing. The agency to which a decision has been appealed, may either:
a. Uphold the decision.
b. Reverse the decision.
c. Modify the decision.
d. Refer the decision back to its author for reconsideration.
2. Appeal Hierarchy: Where decisions are appealed by any member of the Town Council, the Planning and Zoning Commission, Town staff; or by any individual, it shall be done by filing a written notice of appeal with the Town Manager in which the following rules shall apply:
a. Decisions of the Town Manager may be appealed to the Planning and Zoning Commission; and decisions of the Planning and Zoning Commission may be appealed to the Town Council.
b. Any member of the Planning and Zoning Commission may appeal a decision of the Town Manager to the Planning and Zoning Commission; and any member of the Town Council may appeal any decision of the Planning and Zoning Commission to the Town Council.
c. Decisions of the Town Manager when acting as the Hearing Officer may be appealed to the Board of Adjustment. Any member of the Board of Adjustment may appeal a decision of the Manager/Hearing Officer to the Board of Adjustment.
3. Time Limit: Appeals will only be considered if they are filed within ten (10) working days after the decision to be appealed was made. Decisions are final after the ten (10) day appeal period has passed, if no appeal has been filed.
4. Stay Of Proceedings: An appeal suspends the action taken and stays all proceedings in the matter, unless the Town certifies that a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order as injunctive relief granted by a court of record on application and notice to the Town. Proceedings shall not be stayed if the appeal requests relief which has been previously denied, except pursuant to a special action in Superior Court.
5. Referrals: At the Town Manager's discretion, any matter being considered for action by the Town Manager may be referred to the Planning and Zoning Commission for decision.
C. Permit Issuance And Expiration:
1. Application Acceptance: No application for any permit pursuant to this Ordinance may be accepted which is not complete, legible, and accompanied by the required fee. Permit applications may only be submitted by property owners or their authorized representatives. The Town Manager may require any of the following as proof of ownership/agency prior to accepting a permit application:
a. A copy of a title report issued not more than thirty (30) days prior to the date of submittal by a title company authorized to do business in the State.
b. Proof of agency, if the land is owned by a corporation, in the form of a corporate resolution certified by the secretary of the corporation and authenticated by the corporate seal, or acknowledged in the form prescribed by Arizona Revised Statutes, section 33-506.2, designating the applicant to act as an agent.
c. Proof of agency, if the land is owned by a partnership, in the form of a written document from the partners designating the applicant to act as agent, certified and acknowledged as prescribed in Arizona Revised Statues, section 33-506.
d. Proof of agency, if the land is owned by an individual other than the applicant, certified and acknowledged as prescribed in Arizona Revised Statutes, section 33-506.1.
2. Zoning Clearance Required: No building or other permit required by this Ordinance shall be issued without a zoning clearance.
3. Expiration Or Cancellation: Any permit issued under this Ordinance expires after one year, or other time period specified at issuance, unless the use or structure authorized by the permit is established prior to that time; or, unless an extension is granted by the issuing authority before expiration. (Ord. 132, 6-10-1997; amd. Res. 2023-01, 3-7-2023)