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HomeMy WebLinkAboutOrdinance 2003.07 Adopting amendments to article 2-9 of the town code relating to board of adjustment F. AN~RODRIGUEZ, RECORDER RECORDED BY: D K DOCKET: DE~y RECOVER ~ ~AGE: 7739 ~SHARA 7864 PE2 NO. OF ~A~ES: 2 SEQUENCE= 20031041085 TOW OF MARANA 05/30/2003 ATTN: TOW CLERK O~IN 16:48 13251 N LON ~S RD MARANA AZ 85653 ~IL ~MOUNT ~AID $ 8.00 MARANA ORDINANCE NO. 2003.07 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO ARTICLE 2-9 (BOARD OF ADJUSTMENT) OF THE TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2003-40, ESTABLISHING A BOARD OF ADJUSTMENT .... . WHEREAS, the Town Council did approve Ordinance No. 96.13, which adopted Chapter 2 of the Town Code entitled "Mayor and Council" and WHEREAS, the Town Council has amended the Town Code from time to time; and WHEREAS, Chapter 2, Section 2-9-2 of the Town Code establishes the Town Council as the board of adjustment for the Town of Marana; and WHEREAS, the Mayor and Council of the Town of Marana have determined that it is in the Town's best interest to establish a board of adjUstment separate from the Town Council; and WHEREAS, changes to Chapter 2, Article 2-9 o[ the Town Code are necessary to establish a separate board of adjustment; and ' WHEREAS, A.R.S. § 9-462.06 authorizes the Town Council to establish a board of adjustment. NOW, THEREFORE, B E IT ORDAINED b y t he Mayor a nd Council o f t he T own o f Marana, Arizona, as follows: Section 1. Article 2-9 of the Marana Town Code is hereby amended by adopting that certain document entitled "AMENDMENTS TO ARTICLE 2-9 (BOARD OF ADJUSTMENT)," three copies of which are on file in the office of the Town Clerk, having been made a public record by -adoption of Resolution 2003-40. Section 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 3. 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of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Marana, Arizona Ordinance No. 2003.07 Section 4. 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, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2003. ATTEST: APPROVED AS TO FORM: ~DCaniel J. l~ochuli As Town Attorney and not personally f Marana, Arizona Ordinance No. 2003.07 2 -'- Approval of Plans and Plats for Subdivisions and Other Lar.qe Scale Developments. It shall be the duty of the planning and zoning commission, when required by law, to review and recommend approval or denial of plans and plats for all subdivisions and other large scale developments within the Town, before such plans and plats may be considered by the council. Preparation ofa Zonino Plan. The planning and zoning commission shall make and recommend to the council a zoning plan for the town, including both the full text of the town's zoning regulations and maps indicating the location and limits of the regulations and the various zones. All proposed amendments to the zoning regulations shall first be submitted to the commission for its review and recommendations. Said recommendations regarding any proposed zoning change shall be submitted to the council within thirty-one (31) days after submission to the commission, unless a longer period has been granted by the council. Conduct Hearin(~s and Meetin(~s. The planning and zoning commission may conduct headngs and meetings with interested property owners and citizens of the town and others in the process of carrying out its functions and duties. [Adopted by Ord, No, 96.13; revised by Ord. No. 99,27] Article 2-9 BOARD OF ADJUSTMENT Section 2-9-1 Establishment; Purpose There is hereby established a board of adjustment for the town. The board of adjustment is the quasi-judicial body of the town established to grant relief from certain provisions of the town zoning code, as specifically set forth, and within the limits herein established. [Adopted by Ord. No. 96.13; Amended by Ord, No. 2003,07 and Res. No. 2003-40] Section 2-9-2 Appointment; Vacancies; Term The board of adjustment shall consist of seven members, who shall serve at the pleasure of the town council, each of whom shall be 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 town council to fill the remaining term of office. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27; Amended by Ord. NO. 2003.07 and Res. No. 2003-40] Section 2-9-3 Officers; Public Meeting and Minutes; Bylaws; Quorum; Procedure Immediately upon formation and every two years thereafter, following the seating of new board members, the board of adjustment shall elect a chair person with the power to administer oaths and take evidence. The meetings of the board of adjustment shall be subject to the public meeting laws and minutes shall be taken showing the vote of each member and records of its Marana Town Code MARANA TOWN CODE 2-20 rev. 2oo3 examinations and other official actions, and shall be filed in the office of the board as a public record. No vote shall be made but by a quorum of the board. The board of adjustment shall follow and adhere to bylaws established for the board by the town council. Copies of such bylaws shall be filed with the town clerk and made available through the planning administrator. The board of adjustment may adopt rules of procedure to govern its meetings. Copies of such rules shall be filed with the town clerk and made available through the planning administrator. [Adopted by Ord. No. 96.13; revised by Ord. No. 99.27; Amended by Ord. No. 2003.07 and Res. No. 2003-40] Section 2-9-4 Powers and duties The board of adjustment shall perform the following duties: Variances. The board shall hear and decide on requests for variances from the terms of the land development code as provided therein. Interoretations. The board shall hear and decide on interpretations of the land development code as provided therein. Nonconformina uses. The board shall hear and decide on applications for nonconforming uses as provided in the land development code. Other matters. The board shall consider such other matters as may be referred by the town council from time to time. [Adopted by Ord. No. 96.13] Section 2-9-5 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, upon authorization or ratification by the board and approval of such expenditures by the town council. [Adopted by Ord. No. 2003.07 and Res. No. 2003-40] Article 2-10 INDEMNIFICATION OF OFFICERS AND EMPLOYEES Section 2-10-1 Persons covered All of the protections and benefits conferred by this article shall be enjoyed by any present or former mayor and each and all of the present or former members of the council, town officers, town magistrates, town employees, and all members of all town boards, committees, subcommittees, advisory committees and commissions which protected parties ara hereinafter raferred to individually as a "town officer" and collectively or jointly as "town officials." Marana Town Code MARANA TOWN CODE 2-21 rev. 2003