18.10.030 Board of Adjustment.
(A) Establishment. There is hereby established, pursuant to A.R.S. § 9-462.06 et seq., a City of San Luis Board of Adjustment (“Board”). In lieu of appointing a separate Board of Adjustment, the Mayor, with the consent of the City Council, may establish the City Council as the Board of Adjustment.
(B) Powers and Duties. In addition to any authority granted to the Board of Adjustment by Arizona law, the Board shall have the following powers and duties:
(1) To 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 title. This power shall include the power to reverse, affirm, or modify, wholly or partly, any order, requirement or decision of the Zoning Administrator properly appealed to the Board, and make such order, requirement, decision or determination as is necessary;
(2) To hear and decide requests for variances from the terms of this zoning ordinance, only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this title 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 same zoning district in which such property is located;
(3) A variance from the terms of this title may only be granted upon the presentation of evidence demonstrating that the specific requirements established by state statutes have been satisfied:
(a) There exist special circumstances or conditions regarding the land or building for which the variance or adjustment is sought, which do not apply generally to other land or buildings in the same zoning district;
(b) The above special circumstances or conditions are preexisting and are not created or self-imposed;
(c) The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in the same zoning district and the variance or adjustment, as granted, is the minimum adjustment that will accomplish this purpose; and
(d) The granting of the adjustment will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare;
(4) The 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 this title, provided the restrictions in this subsection shall not affect the authority to grant variances pursuant to state statutes; or
(b) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
(C) Membership. The Board shall consist of seven members who shall be residents of the City. All members shall be appointed by, and serve at the pleasure of, the City Council.
(D) Term of Office. Whenever the City Council is not serving as the Board, the term of office of the members of the Board shall be four years, with the terms of members so staggered that the terms of no more than three members shall expire on January 1st in any one year. The incumbent member shall continue to serve, after their term of office has expired, until a successor has been appointed. In the event of a death, resignation, or removal from the Board, the City Council shall fill the vacancy for the unexpired term.
(E) Nonattendance. Three successive unexcused absences from any regular meeting shall be grounds for termination at the will and pleasure of the City Council without the necessity of a hearing or notice, and such action shall be final and the position shall thereupon be declared vacant.
(F) Organization of Board of Adjustment.
(1) Chairpersons. Whenever the City Council is serving as the Board, the Mayor and Vice Mayor shall serve as the chairperson and vice-chairperson respectively. Otherwise, the Board shall elect a chairperson and a vice-chairperson from the members of the Board at the first meeting held in each calendar year. The chairperson shall preside at all meetings, administer oaths and take evidence. The vice-chairperson shall perform the duties of the chairperson in the latter’s absence or disability.
(2) Meetings. Meetings of the Board of Adjustment will be called as needed by the chairperson of the Board. Meetings of the Board shall be open to the public and public input shall be taken at the discretion of the chairperson. The minutes of the proceedings, showing the votes of each member and records of its examinations and other official actions, shall be kept and filed in the office of the City Clerk as a public record.
(3) Quorum. Four members of the Board shall constitute a quorum for the transaction of business. No matter may be considered by the Board unless there are four or more members present who are eligible/qualified to vote on the matter. The affirmative vote of at least the majority of the quorum present and voting shall be required to pass a motion. If a member has been present for the entire presentation of an issue that member may abstain from voting only because they have a conflict of interest. If a member has a conflict of interest he/she shall declare the conflict of interest prior to the presentation and shall abstain from all discussion and deliberation on the matter in question.
(4) Rules and Regulations. The Board may make and publish bylaws to govern its proceedings and to provide for its meetings. The bylaws are to be reviewed by the City Attorney and approved by the City Council.
(G) Appeals of Board of Adjustment Decision. A person aggrieved by a decision of the Board of Adjustment or an officer or department of the City affected by a decision of the Board may, at any time within 30 days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board’s decision. (Ord. 312 § 2(2.2), passed 4-11-2012. Code 2012 § 152.027.)