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HomeMy WebLinkAboutOrdinance 2022.003 Revising Marana Town Code Title 17, Chapter 17-2, Section 17-2-2 GABRIELLA CAZARES-KELLY, RECORDER ,d� +�r� I II I I II I II I HIM II III I IIII IIIIIIIIIIIIIIII II Recorded By: EYC {+ hj DEPUTY RECORDER `� A SEQUENCE: 20220490089 SMARA 5013 PIMA COUNTY df NO. PAGES: 3 Rrcoar)sHC 02/18/2022 TOWN OF MARANA 10:18:34 PICKUP MARANA ORDINANCE NO. 2022.003 RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17 (LAND DEVELOPMENT), CHAPTER 17-2 (ADMINISTRATIVE BODIES AND OFFICERS), SECTION 17-2-2 (BOARD OF ADJUSTMENT) TO PROVIDE THAT THE MEMBERS OF THE PLANNING COMMISSION SHALL SERVE AS THE MARANA BOARD OF ADJUSTMENT; DISSOLVING THE SITTING BOARD OF ADJUSTMENT; AND DESIGNATING AN EFFECTIVE DATE WHEREAS A.R.S. § 9-462.06 provides that cities and towns in Arizona are required to have a board of adjustment, to hear and decide appeals of the zoning administrator's interpretations of the zoning ordinance and to consider applications for variances from the zoning ordinance; and WHEREAS pursuant to A.R.S. § 9-462.06, a board of adjustment must consist of five to seven members appointed by the council of the municipality, or the council itself may take on the duties of the board of adjustment; and WHEREAS when the Town of Marana's first zoning ordinance was adopted by Ordinance No. 77-6 on August 29,1977,the Town Council was established as the Marana Board of Adjustment; and WHEREAS the Council continued to act as the Marana Board of Adjustment until May 6, 2003, when a separate seven-member Marana Board of Adjustment was established by the adoption of Ordinance No. 2003.07; and WHEREAS citizen members of the separate Marana Board of Adjustment have served well and faithfully over the years; however, in nearly 18 years, cases were on the agendas of only 14 Board meetings and the vast majority of Board meetings have been canceled due to a lack of case; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interest of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 17 (Land Development), chapter 17-2 (Administrative bodies and officers), section 17-2-2 (Board of adjustment) is hereby 00079287.DOCX/1 Ordinance No.2022.003 - 1 - amended as follows (with deletions shown with strikeouts and additions shown with double underlining): 17-2-2 Board of adjustment A. Establishment;purpose. There is hereby established a board of adjustment for the town. The board of adjustment shall consist of the members of the planning commission. B. Appointment;vacancies; term. The boa : : ._ . ----- -. .- - members,who shall serve at the pleasure • .-- .. , -. - . . - . a resident of the town. Members shall serve staggered terms, with four members, initially serving a term of two years, and three members initially serving a term of four years. Thereafter, each member of the board shall be appointed to serve a term of four years. Vacancies on the board of adjustment shall be filled by a majority vote of the council to fill the remaining term of office. GB. Officers;public meeting and minutes;bylaws;quorum;procedure. 1. Immediately upon formation and every two years thcr after,following the seating of new board members, the board of adjustment shall elect a chair person with The chair of the planning commission shall serve as the chair of the board with the power to administer oaths and take evidence. 2. The meetings of the board of adjustment shall be subject to the requirements of the Arizona open meeting laws. The minutes of the board's proceedings shall show the vote of each member. Records of the board's examinations and other official actions shall be filed with the secretary to the board of adjustment as a public record. 3. The board of adjustment shall follow and adhere to any rules of procedure established for the board by the council. 4. The board of adjustment shall adopt all rules and procedures necessary or convenient for the conduct of its business, consistent with applicable law and any rules of procedure established for the board by the council. B:C.Powers and duties. 1. Variances. The board of adjustment shall hear and decide appeals for variances,as provided by state law. 2. Interpretations. The board of adjustment shall hear and decide appeals from zoning decisions of the planning manager,as provided by state law. 3. Other matters. The board shall consider any other matter referred by the council. ED. Compensation. The members of the board of adjustment shall serve without compensation; however, members may be reimbursed for actual expenses incurred in conjunction with their duties and authorized and approved by the council. 00079287.DOCX/1 Ordinance No.2022.003 - 2- SECTION 2. The sitting Marana Board of Adjustment is hereby dissolved. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall be effective the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 15th day of February, 2022. Mayor Ed one ATT : APPRO ED AS TO FORM.; at 1 4149, Cherry L. awso , Town Clerk Jane Fairall, Town Attorney MARANA AZ ESTABLISHED 1977 00079287.DOCX/1 Ordinance No.2022.003 - 3 —