Chapter 18.70
ADMINISTRATION
Sections:
18.70.020 Planning and zoning administrator.
18.70.030 Board of adjustment.
18.70.040 Planning and zoning commission.
18.70.010 General.
The following will have primary responsibility of administering this title as established and described in this title:
A. Planning and zoning administrator.
B. Board of adjustment.
C. Town council. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-6-1.]
18.70.020 Planning and zoning administrator.
A. The staff position of planning and zoning administrator shall be and is established for the general and specific administration of this title. The town manager shall serve as the planning and zoning administrator, but may delegate such duties as noted in subsection (B) of this section. If the duties are delegated, the planning and zoning administrator shall perform such duties as set forth in this title under the direction of the town manager.
B. Duties. It shall be the responsibility of the planning and zoning administrator to perform the following duties:
1. To receive, process, record and administer all requests for approvals and permits, as governed by this title;
2. To advise and recommend to the town council and the board of adjustment regarding requests for approvals and permits as required by this title;
3. 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 relating to the regulations and restrictions as set forth by this title;
4. To take action as is necessary for the enforcement of this title relating to violations of the regulations and restrictions;
5. To pass upon all building permits to determine if the proposed construction, remodeling or alterations are in conformity with the provisions of this title, and in particular that any intended use is in conformance with the zoning district in which it is intended to be located;
6. To determine and make decisions regarding zoning clearances as provided for in this title;
7. To make decisions regarding temporary use permits as provided for in this title.
C. At the planning and zoning administrator’s discretion, any matter being considered for action by the planning and zoning administrator may be referred to the town council for decision. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-6-2.]
18.70.030 Board of adjustment.
A. Board of Adjustment Established. In accordance with A.R.S. section 9-462.06, the Taylor town council shall be designated to serve as the board of adjustment until such time as a board of adjustment is appointed.
B. Adoption of Rules to Govern Meetings. The board of adjustment shall adopt bylaws and rules governing its organization and meetings, and the bylaws shall not be inconsistent with the ordinances of the town and the laws of the state. It shall be the duty of the chairperson to call a meeting of the board to pass upon and determine all variances and appeals and all matters upon which it is the duty of the board to act. The board shall meet at any other times as it may prescribe in its rules. The chairperson of the board, or in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of all its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of other artificial actions, all of which shall be immediately filed in the offices of the town clerk and shall be of public record.
C. Appeals. Appeals to the board of adjustment may be taken by any person, or by any officer, department, board, commission, the council or of the town aggrieved or affected by the decision of the planning and zoning commission regarding the appeal of decisions or interoperations made by the planning and zoning administrator. Such appeal shall be taken within 30 days of the aggrievement by filing with the planning and zoning administrator and the board a notice of appeal specifying the grounds thereof. The planning and zoning administrator shall immediately transmit all records concerning the grievance to the board. Failure to appeal a decision within 30 days shall deem a decision final. Procedures outlining an appeal to the board of adjustment are outlined in TTC 18.75.100.
D. Stays 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 previously been denied except pursuant to a special action in superior court.
E. Duties. It shall be the responsibility of the board of adjustment to perform the following duties:
1. To hear and decide appeals of the planning and zoning commission decision in which it is alleged there is an error in an order, requirement, decision or determination made by the planning and zoning administrator in the enforcement of this title or of any ordinance adopted pursuant to the ordinance codified in this title;
2. To reverse or affirm, wholly or in part, or modify the order, requirement or decision of the planning and zoning commission appealed from, and make such order, requirement, decision or determination as necessary;
3. To vary the strict application of this title in the case of a narrow, irregular, shallow or steep lot, or in relation to other physical condition applying to a lot or building, that enforcing a strict application of this title would result in practical difficulty or unnecessary hardship that would deprive the owner of the land the reasonable use of the land or building involved. Any such variance granted shall be granted according to the requirements and procedures established by this title.
Variances may be granted only for hardships related to the physical characteristics of land. Variances to this title related to permitted, accessory and/or conditional uses in any use (zoning) district shall not be allowed. No variance in the strict application of any provision of this title shall be granted unless:
a. Special circumstances or conditions fully described in the board’s findings are peculiar to the land or building for which the variance is sought, and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the ordinance codified in this title;
b. For reasons fully set forth in the board’s finding, the circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or building, the granting of a variance is necessary for the reasonable use thereof and the variance as granted is the minimum variance that will accomplish this purpose;
c. The granting of the variance is in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
4. To grant exceptions and variances upon request when, after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of the ordinance codified in this title after adoption, and the town, with knowledge of the existence of the condition, has not taken any steps toward elimination of the violations. [Ord. 2016-02 § 1; 2011-04 § 2; Ord. 48 § 2, 1998. Code 1983 § 12-6-3.]
18.70.040 Planning and zoning commission.
A. Planning and Zoning Commission Established. A planning and zoning commission (“planning commission”) is hereby established by the mayor and town council.
B. Appointments and Composition. The members of the planning commission shall be appointed by the mayor and town council. The planning commission shall be composed of five members, who shall be residents of the town.
C. Terms – Termination. Members shall be appointed for a term of three years, with the terms staggered so that the terms of no more than three members shall expire in any one year. The term of all members shall extend until their successors are qualified; provided, however, three successive unexcused or unexplained absences from a regular or called meeting shall be grounds for termination at the pleasure of the town council, without the necessity of a hearing or notice, and such action shall be final.
D. Quorum. Three members shall constitute a quorum. The affirmative vote of a majority of those members present shall be required for passage of any matter before the planning commission.
E. Election of Chair and Vice Chair. The planning commission shall elect a chair and vice chair from among its own members, who shall serve for one year and until their successors are elected. Such election shall be held during the first meeting in January of each year. Vacancies created by any cause shall be filled for the unexpired term by a new election.
F. Duties.
1. Review and make recommendations to the town council regarding any amendments to the zoning map, which divides the town into districts of such shape, number and area as may be determined best suited to carry out the purpose of this title and the provisions of the Arizona State Statutes and within such districts, it shall determine such regulations and restrictions concerning the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land as it shall deem to be in the best interests of the town and its inhabitants;
2. Review and make recommendations to the town council regarding the reclassification of parcels of land from one zoning classification to another;
3. Review and make recommendations to the town council regarding any changes in any of the regulations of this title as to the use of land in any district, or as to the restrictions upon buildings or structures therein, by amendment to this title;
4. Review and make recommendations to the town council regarding a general plan to guide the physical development of the town, including any amendments thereof;
5. Review and determine site plans for multiple-dwelling residential structures or developments, manufactured home and recreational vehicle parks, commercial development and industrial development and to determine the appropriate action and requirements for each site plan of the development, as called for in this title;
6. Review and make determinations regarding conditional uses as provided for in this title;
7. Review and make determinations regarding preliminary plats (subdivision plans) as provided for in this title or other town of Taylor ordinance, code and requirements;
8. Determine appeals to decisions and interpretations of the planning and zoning administrator, and determine any matter referred to the planning commission by the planning and zoning administrator.
G. Compensation. All members shall serve with pay in an amount established by the town council. [Ord. 2023-01 § 1; Ord. 2016-02 § 1; Ord. 2011-03 § 1; Ord. 96 § 1, 2005; Ord. 48 § 2, 1998. Code 1983 § 12-6-4.]