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(A) Establishment. Pursuant to A.R.S. § 9-462.08, the position of Hearing Officer is hereby established to conduct public hearings on behalf of the city.
(1) Appointment. The Hearing Officer is appointed by the City Administrator subject to the approval of the City Council.
(2) Qualifications. The Hearing Officer is appointed on the basis of a demonstrated ability to perform the duties of the office, such as training and experience relevant to the conduct of administrative and adjudicative hearings and knowledge of the principles and practices of land use planning. The Hearing Officer shall not hold a city elective office concurrently with this position.
(3) Term. The Hearing Officer serves at the pleasure of the City Administrator. The City Administrator may designate a qualified person as a temporary Hearing Officer whenever the Hearing Officer is unable to perform the duties of the office due to illness, potential conflict of interest or similar reason.
(B) Authority. The Hearing Officer shall have the following authority:
(1) To hear and decide applications for:
(b) Temporary uses;
(c) Expansion of nonconforming uses or structures;
(d) Revocation of modification of variances;
(e) Conditional use permits for soil remediation, uses requiring a federal or state permit that are not otherwise listed and the location of multiple food vending units at a mobile vending site; and
(f) Time extension of conditional use permits (only if there are no changes made to the previously approved CUP).
(2) To hear and decide appeals of:
(a) Determinations of the Zoning Administrator;
(b) Determinations of the Floodplain Administrator;
(c) Decisions of the Landscape Committee;
(d) Decisions of the Minor Variance Committee; and
(e) Denial of any business license by planning staff.
(C) Variances. The Hearing Officer may vary from a development standard or dimension required by this chapter only if, because of special circumstances applicable to the property, building or use, including its size, shape, topography, location or surroundings, the strict application of this chapter will deprive such property of privileges enjoyed by other property of the same permitted use in the same zoning district. Any variance granted by the Hearing Officer is subject to such conditions as will assure that the authorized variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and in the district in which such property is located. The Hearing Officer has authority to revoke or modify a variance. All variance decisions from the Hearing Officer are appealable to the Planning and Zoning Commission for the purposes of A.R.S. § 9-462.06.A.
(D) Temporary uses. The Hearing Officer may approve a request for a temporary use, as permitted in this chapter. The approval may include conditions which address site improvements, traffic issues, length of time for use operation, daily hours of operation, temporary signage or any other condition deemed necessary for the public safety, health and welfare. All temporary use decisions are appealable to the City Planning and Zoning Commission.
(E) Expansion of nonconforming uses or structures. The Hearing Officer may expand a nonconforming use or structure as allowed in this chapter and state law, A.R.S. § 9-462.02. All nonconforming use/structure decisions are appealable to the City Planning and Zoning Commission.
(F) Conditional use permits.
(1) The Hearing Officer is responsible for the review and determination of conditional use permits related to soil remediation, time extension, and for any use that requires a state or federal permit.
(2) The Hearing Officer is responsible for the review and determination of conditional use permits for the location of multiple food vending units at a mobile vending site. The Hearing Officer may include conditions which address site improvements, traffic issues, daily operation hours or any other conditions deemed necessary for the public safety, health and welfare.
(3) All conditional use permit decisions are appealable to the City Planning and Zoning Commission.
(1) The Hearing Officer shall hear all appeals of decisions made by the following:
(a) The Zoning Administrator;
(b) The Floodplain Administrator;
(c) The Landscape Committee;
(d) The Minor Variance Committee; and
(e) Business license determinations made by planning staff.
(2) The Hearing Officer shall also hear and decide appeals when it is alleged there is an error in any order, requirement, decision in the enforcement of this chapter or the floodplain regulations set forth in Chapter 151, or interpretation of the official zoning map made by the Zoning Administrator.
(3) Upon appeal, to reverse or affirm, wholly or partially, or modify the order, requirement or decision of the Zoning Administrator or Floodplain Administrator, Landscape Committee, Minor Variance Committee and planning staff decision related to business licenses, the Hearing Officer has the authority to make such alternate order, requirement, decision or determination as necessary, based on the findings of each case.
(H) Hearing Officer. The Hearing Officer shall not be authorized to:
(1) Make any change(s) in the uses permitted in any zoning district, or make any changes in the terms of this chapter or the floodplain regulations set forth in Chapter 151. The restriction in this section shall not affect the authority to grant a variance(s) to a development standard(s) or a dimension(s) required by this chapter; or
(2) Grant a variance(s) if the special circumstances(s) applicable to the property, building, or use is self-imposed by the property owner or applicant.
(Ord. O2006-20, passed 3-1-2006; Ord. O2010-32, passed 7-7-2010; Ord. O2011-10, 4-20-2011; Ord. O2014-20, passed 8-27-2014)