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HomeMy WebLinkAboutOrd 1991-04® ORDINANCE CREATING MUNICIPAL BOARD OF ADJUSTMENT ORDINANCE NO. 91-04 AN ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PROVIDING FOR AND SETTING THE MEMBERSHIP OF THE BOARD OF ADJUSTMENT FOR THE TOWN OF FOUNTAIN HILLS; PROVIDING FOR THE ELECTION OF A CHAIR AND VICE - CHAIR THEREOF; PRESCRIBING THE GENERAL POWERS AND DUTIES OF SAID BOARD; AUTHORIZING THE ESTABLISHMENT OF RULES OF PROCEDURE; AND PROVIDING FOR THE ASSESSMENT OF FEES. BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, COUNTY OF MARICOPA, STATE OF ARIZONA, AS FOLLOWS: SECTION 1. The Board of Adjustment of the Town of Fountain Hills is hereby established. SECTION 2. (a) The Board of Adjustment of the Town of Fountain Hills shall be composed of a total of five (5) members who shall be residents of the Town of Fountain Hills. The members of ® the Board shall be appointed by the Mayor, subject to the approval of the Town Council of the Town of Fountain Hills. These appointments shall be for a period of two (2) years each, with the terms of members so staggered that the terms of no more than three (3) members shall expire in any one year. The initial appointments shall be for three (3) members with terms beginning February 1, 1991, and expiring on January 31, 1993 (2 years); for two (2) members with terms beginning on February 1, 1991 and expiring on January 31, 1992 (1 year). Thereafter all members shall be appointed for full two (2) year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified, provided, however, three (3) successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the appointing authority without the necessity of a hearing or notice and such action shall be final. (b) All members shall serve without pay. However, members of said Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Town Council. SECTION 3. The Board shall elect a Chair and Vice -Chair ® from among its own members, who shall serve for (1) year and until their successors are elected and qualified. The Chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Chair shall have the power to administer oaths and to take Pa TZ Av r_� to rtl^ (v t 13 1 19 4 I ® evidence. The Vice -Chair shall perform the duties of the Chair in the latter's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. SECTION 4. (a) It shall be the duty of the Board of Adjustment to hear appeals concerning the interpretation or administration of the Fountain Hills Zoning Ordinance, made by the Zoning Administrator. The Board may reverse, affirm, wholly or partially, or modify the order, requirement or decision of the Zoning Administrator appealed from, and make such order, requirement, decision or determination as necessary. (b) It shall be the duty of the Board of Adjustment to hear and decide appeals for variances from the terms of the Zoning Ordinance only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the 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 such property is located. ® (c) The Board of Adjustment may not: (1) Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the Zoning Ordinance, or make changes to the Zoning Map, provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this ordinance. (2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. SECTION 5. No nonconforming use or violations of this ordinance with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. SECTION 6. Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. SECTION 7. Nothing herein contained shall be construed to ® empower the Board to authorize uses which violate any other town ordinance, to effect changes in the zoning map, or to add to or change the uses permitted in any zoning district. rJ I SECTION 8. The decision of the Board shall be final, provided, however, that any person aggrieved by a decision of the Board may, at any time within thirty (30) days after the filing of the decision in the office of the community development department, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the Board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. If a special action is brought for review of a matter in which the Board held a hearing which was not stenographically or electronically recorded, then upon request of any part to the special action or the court, the Board shall forthwith notice a hearing as herein provided for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which in new or different from that originally presented the same shall be noted in the record by the Board Chair. SECTION 9. (a) Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted by resolution of the council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the ispetitioner is the Town, County, State or Federal Government. (b) In the case of an appeal for a variance to more than one provision of this ordinance, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule. SECTION 10. The Board shall provide in its rules for its meetings; provided, however, that special meetings may be called by the Chair or in his or her absence the Vice -Chair. In addition, any three (3) members of the Board may make written request to the Board for a special meeting and in the event such meeting is not called, such members may call a special meeting in such manner and form as may be provided in the Board rules. SECTION 11. Three (3) members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Board. In this connection, the minutes of the meetings shall reflect the "ayes" and "noes" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. 11 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this alst day of 1991. APPROVED AS TO FORM: axy William E. Farrell, Attorney Joh M Cutillo, Mayor REV ED BY: Paul Nordin, Town Manager LI E ATTEST TO: Cassie B. Hansen, Town Clerk