ARTICLE IX.1
ADVISORY BOARDS, COMMITTEES, AND COMMISSIONS2
Sec. 2-155 The mayor and common council are authorized to create boards and commissions—Applicability of article.
(a) In addition to boards, committees, and commissions required by the Arizona Revised Statutes, the mayor and common council may create such advisory boards, committees and commissions as it deems appropriate.
(b) Applicability of article. Unless different requirements are specified for a particular board, committee or commission in the Arizona Revised Statutes or elsewhere in this Code, this article shall apply to all boards, committees and commissions of the city.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-156 Membership.
(a) Balanced membership. It is the policy of the city that each board or commission shall have a balanced membership which possesses expertise within the board’s or commission’s area(s) of responsibility and is representative of the diverse interests affected by their decisions. No board or commission shall be dominated by any profession or special interest group. Achieving this objective shall be a priority in the recommendation and appointment of members. Commissions shall be comprised of seven (7) members. Boards shall be comprised of five (5) members.
(b) Application. An application of prospective members is hereby created and the following procedures are established:
(1) Monthly, the city shall publish listings of vacancies and a description of the application procedure. The city may utilize online and print media as deemed appropriate.
(2) Application forms shall be uniform for all boards and commissions and shall be available from the city.
(3) The city manager or designee shall review all applications to ensure that the applicant meets the requirements of the board or commission. The city manager shall forward those candidates’ information to the mayor for review and recommendation to the common council.
(c) Appointments. The mayor and common council shall vote on the appointment of all board and commission candidates.
(d) Compensation. Members shall serve without compensation. Actual out-of-pocket expenses may be reimbursed upon approval by the city manager and city finance director, subject to appropriation.
(e) Liaison. The mayor shall appoint the members of the common council to serve as a liaison to the various boards and commissions. The appointment shall be for the calendar year. It is encouraged that liaison appointments be rotated amongst the boards and commissions to expand councilmembers’ interaction with all facets of city interests. A liaison is nonvoting and does not count toward quorum requirements.
(f) Residency. All board and commission members must be residents of the City of Kingman. Residency must be established no less than one (1) year prior to appointment. In the event that a nonresident has special knowledge, skills or expertise that is needed on a commission, the mayor and common council may appoint no more than two (2) nonresidents to a commission. The nonresident must live in the greater Kingman area, which is defined as having a Kingman mailing address. The residency exception does not apply to the planning and zoning commission, the board of appeals or the board of adjustment.
(g) Terms.
(1) Length of term. A member shall be appointed to serve a four (4) year term, with the exception that a member appointed to replace a departing member shall be appointed for the remainder of that member’s term.
(2) Limits. A member may be appointed to only two (2) full consecutive terms to any commission.
(3) Simultaneous membership. No individual may serve as a member of more than one (1) commission at a time. This prohibition does not apply to the board of appeals or the board of adjustment. No member of the planning and zoning commission may be a member of the board of adjustment.
(h) Removal. A member of a board or commission may be removed, with or without cause, by a majority vote of the mayor and common council.
(i) Vacancies. If a board or commission member has three (3) or more unexcused absences during their term, their position will be deemed to be abandoned and vacated. The mayor and common council shall fill the vacated position in an expedient manner.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-157 Meetings.
(a) Open Meeting Law. All boards and commissions shall comply with the requirements of the Arizona Open Meeting Law, A.R.S. § 38-431 et seq.
(b) Conflicts of interest. All boards and commissions shall comply with the requirements of the Arizona conflict of interest statutes, A.R.S. § 38-501 et seq. In the event that a board or commission does not have a quorum because of conflict of interests, that item shall be removed from the agenda. The mayor and common council may hear that item at a city council meeting if necessary.
(c) Attendance. Members are expected to attend all regular and special meetings of a body unless attendance is prevented by good cause. Except in emergencies, the chairperson or city staff liaison shall be notified at least twenty-four (24) hours before a meeting if a member is unable to attend.
(d) Abandonment. If a member has three (3) unexcused absences during their term, they are deemed to have abandoned their appointment and the position is considered vacant. An unexcused absence is defined as failure to attend a meeting without prior notice to the chairperson or staff liaison.
(e) Voting by chairperson. The chairperson and vice-chairperson are entitled to vote on all matters coming before the body except those as to which they must abstain due to a conflict of interests.
(f) Agenda. The city manager or designee shall determine and assemble the board and commission agenda.
(g) Meetings. Commissions shall meet on a quarterly basis unless specified elsewhere. Boards shall meet as called.
(h) Subcommittees. Boards and commissions shall not create subcommittees.
(i) Boards and commissions shall have no financial, operational or oversight authority over the city or city departments.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-160 Creation of the clean city commission.
The clean city commission is hereby created by the City of Kingman. The commission shall recommend to the mayor and common council policies emphasizing volunteerism, education, litter prevention and beautification as established under policies or programs adopted by the city. The commission shall focus on promoting civic beautification and environmental awareness by educating the citizens of the community and organizing local beautification campaigns.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-161 Creation of the economic development commission.
The economic development commission is hereby created by the City of Kingman. The commission shall provide advice and guidance in the creation, implementation and revisions of the economic development master plan. The commission shall review city progress in the fulfillment of the master plan. The commission will bridge communication efforts to build relationships between the public sector, the community and business interests.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-162 Creation of the park, aquatics, recreation and golf commission.
The park, aquatics, recreation and golf commission is hereby created by the City of Kingman. The commission shall provide advice and guidance in the creation, implementation and revisions of the parks master plan. The commission shall review city progress in the fulfillment of the master plan. The commission will focus on promoting opportunities for fitness, outdoor activities and recreational programming for all.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-163 Creation of the Kingman Municipal Airport and Industrial Park advisory commission.
The Kingman Municipal Airport and Industrial Park advisory commission is hereby created by the City of Kingman. The commission shall provide advice and guidance in the creation, implementation and revisions of the airport master plan and policies that impact the industrial park. The commission shall review city progress in the fulfillment of the master plan. The commission will focus on promoting positive relationships with aviation activities, industrial park operations and citizen education and involvement.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-164 Creation of the transit advisory commission.
The transit advisory commission is hereby created by the City of Kingman. The commission shall serve as an advisory group to the City of Kingman on public transportation issues with the City of Kingman and surrounding area. The transit advisory commission is established by the guidelines of Section 5311 Program Guidelines for the Arizona Department of Transportation. The commission will act in an advisory capacity to the mayor and common council in the development of the transit program and guide future planning of that program(s) to assure that the public transit system meets the needs of the majority of people in the Kingman area.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-165 Creation of the heritage preservation commission.
The heritage preservation commission is hereby created by the City of Kingman. The commission shall be advisory to the mayor and common council in all matters regarding historic and heritage preservation in the City of Kingman.
(a) Unless otherwise specified herein, the responsibilities of the heritage preservation commission shall be as follows:
(1) Provide recommendations in accordance with the Kingman Zoning Code regarding the preservation and restoration of archaeological, historical sites and properties located in the city for the purpose of preserving the heritage of the City of Kingman.
(2) Recommend the preparation of a comprehensive inventory of historic buildings and landmarks in the City of Kingman.
(3) Increase public awareness of the value of historic, architectural, archaeological and cultural preservation by developing and participating in public information programs.
(4) Make known to the owners of historic properties and the public standards for architectural review and design review of preservation projects.
(5) Evaluate and comment upon decisions by other public agencies affecting the physical development and land use patterns in historic districts, as appropriate.
(6) Hold public hearings as specified in the Kingman Zoning Code.
(7) Any other functions which may be designated by resolution or motion of the council.
(Ord. No. 1943, § 1, 6-7-22)
Sec. 2-166 Creation of the planning and zoning commission.
The planning and zoning commission is hereby created by the City of Kingman. The commission shall hear, and make decisions and recommendations regarding zoning issues within the city limits. The commission’s powers and duties are described in Arizona Revised Statutes Title 9, Chapter 4 and the City of Kingman’s adopted Zoning Code. This commission may meet monthly or as needed.
(Ord. No. 1943, § 1, 6-7-22)
Editor’s note: Ord. No. 1943, § 1, adopted June 7, 2022, adds this section as § 2-165. It has been editorially renumbered to prevent duplication of numbering.
Sec. 2-167 Creation of the municipal utility commission.
The municipal utility commission is hereby created by the City of Kingman. The commission will act as a review board to study, evaluate, and make recommendations to the common council on matters involving exceptions, interpretations, modifications and appeals to the adopted regulations and system policies. This commission may meet monthly or as needed.
(Ord. No. 1943, § 1, 6-7-22)
Editor’s note: Ord. No. 1943, § 1, adopted June 7, 2022, adds this section as § 2-166. It has been editorially renumbered to prevent duplication of numbering.
Sec. 2-168 Creation of the board of adjustment.
The board of adjustment is hereby created by the City of Kingman.
(a) The board of adjustment shall hear and decide appeals from the decisions of the zoning administrator and shall exercise other powers as may be granted by statute and adopt all rules and procedures necessary or convenient for the conduct of its business. An appeal stays all proceedings in the matter appealed from, unless the zoning administrator certified to the board of adjustment decides that, in their opinion by facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification proceedings shall not be stayed, except by restraining order granted by the board or by a court of record on application and notice to the zoning administrator. The board shall fix a period within forty-five (45) days of receipt of the appeal for a hearing, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with A.R.S. § 9-462.04 and by posting the notice in conspicuous places close to the property affected.
(b) The board shall:
(1) Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the zoning administrator in the enforcement of the Zoning Code of the City of Kingman.
(2) Hear and decide special exceptions to the terms of the Zoning Code of the City of Kingman only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Code 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 vicinity and zone in which such property is located.
(3) Reverse or affirm, wholly or partly, or modify the order or decision appealed from and make such order or decision as ought to be made, and to that end shall have the powers of the officer from whom the appeal is taken.
(c) A board of adjustment may not:
(1) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the Zoning Code provided the restriction in this subsection shall not affect the authority to grant variances.
(2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property.
(d) The board process.
(1) No appeal shall be taken to the board until and unless the zoning administrator has first reviewed an application for building permit and has refused to issue a permit according to plan submitted, or has rendered an interpretation of the Zoning Code.
(2) Every appeal shall be filed in duplicate on forms provided by the city, and shall be complete in all respects before being accepted for filing. The appeal shall bear the signature of the owner of the property affected or shall be accompanied by a letter from the owner acknowledging the taking of the appeal.
(3) At the time of the hearing, all interested parties shall be heard and any discussion shall be had. The minutes of said hearing shall be taken, and copies thereof shall be available to the public in the office of the city clerk.
(4) The concurring vote of a majority of the board shall be necessary to reverse an order or decision of an administrative official, or to decide in favor of the applicant, on any matter brought to the board’s consideration on appeal.
(5) Upon a concurrence of a majority of the members of the board, the board shall rule whether said building, structure or use is included or excluded from said district regulation, or whether a variance therefrom shall be allowed.
(6) The rulings of the board shall be written, and shall be verified by the chairman of said board and be attached to the copies of the minutes of the hearing. Copies of both the minutes and the ruling shall be mailed to all interested parties. The rulings and the minutes shall be available to the public in the office of the city clerk.
(7) No later than thirty (30) days after the filing of the decision in the office of the city clerk, a person aggrieved by a decision of the board, or taxpayer, or municipal officer may petition the Mohave County superior court for a writ of certiorari for review of the board’s decision. Allowance of the writ shall not stay proceedings upon the decision appealed from but the court may, on application, on notice to the board and for good cause shown, grant a restraining order, and on final hearing may reverse or affirm, wholly, or partly, or may modify the decision reviewed.
(8) No application for an appeal of the zoning administrator’s decision or a request for a variance that is the same or substantially the same as a request which has been acted upon by the board of adjustment shall be filed within one (1) year of the date of the board of adjustment’s action.
(Ord. No. 1943, § 1, 6-7-22)
Editor’s note: Ord. No. 1943, § 1, adopted June 7, 2022, adds this section as § 2-167. It has been editorially renumbered to prevent duplication of numbering.
Sec. 2-169 Creation of the board of appeals.
The board of appeals is hereby created by the City of Kingman.
(a) A board of appeals shall be established within the City of Kingman in order to hear and decide appeals of orders, decisions or determinations made by the building official and/or fire marshal with regard to the adopted editions of:
(1) International Fire Code; and
(2) International Building Code; and
(3) International Residential Code; and
(4) International Plumbing Code; and
(5) International Fuel Gas Code; and
(6) International Mechanical Code; and
(7) International Energy Conservation Code; and
(8) International Existing Building Code; and
(9) International Property Maintenance Code; and
(10) NFPA 70: National Electric Code; and
(11) International Swimming Pool and Spa Code.
(b) Limitations on authority. An application for appeal shall be based on a claim that the true intent of one (1) or more of these codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the adopted code(s).
(c) The board of appeals shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the building official or fire marshal pertaining to the application and intent of the codes listed above for the purpose of issuing orders pursuant to these provisions.
(d) The board of appeals shall comply with the general requirements of section 2-168 unless specifically amended in this article.
(e) The application for appeal shall be filed on a form obtained from the building official or fire marshal or from the city website, within twenty (20) days after the notice was served. Such notice may be in the form of written plan review comments, correction notice, violation notice, notice and order, or any other notice authorized in the listed codes.
(f) The board shall meet upon notice from the chairman, within twenty (20) days of the filing of an appeal.
(Ord. No. 1943, § 1, 6-7-22)
Editor’s note: Ord. No. 1943, § 1, adopted June 7, 2022, adds this section as § 2-168. It has been editorially renumbered to prevent duplication of numbering.
Editor’s note: Art. IX, §§ 2-155—2-158.95, was repealed and replaced to read as herein set out by Ord. No. 1943, § 1, adopted June 7, 2022. Prior to this amendment, Art. IX contained similar provisions and was derived from Res. No. 997, §§ 1—4, 7-15-85; Ord. No. 620, §§ 2-158.10(a)—(e), 8-4-86; Res. No. 1109, §§ 1—4, 12-15-86; Res. No. 1111, §§ 1—3, 12-15-86; Ord. No. 856, §§ 2f—2j, 4-1-91; Ord. No. 1326, § 1, 3-4-02; Ord. No. 1533, 3-6-06; Ord. No. 1549, 7-3-06; Ord. No. 1568, § 1, 3-19-07; Ord. No. 1569, § 1, 3-19-07; Ord. No. 1684, § 1, 8-2-10; Ord. No. 1689, § 1, 10-19-10; Ord. No. 1721, § 1, 11-1-11; Ord. No. 1726, § 1, 3-20-12; Ord. No. 1730, § 1, 5-1-12; Ord. No. 1746, § 1, 1-2-13; Ord. No. 1747, § 1, 1-2-13; Ord. No. 1748, § 1, 1-2-13; Ord. No. 1761, § 1, 7-16-13; Ord. No. 1774, § 1, 3-18-14; Ord. No. 1775, § 1, 3-18-14; Ord. No. 1794, § 1, 3-3-15; Ord. No. 1814, § 1, 5-17-16; Ord. No. 1817, § 1, 8-2-16; Ord. No. 1818, § 1, 9-6-16; Ord. No. 1825, § 1, 1-17-17; Ord. No. 1849, § 1, 1-16-18; Ord. No. 1857, § 1, 2-20-18; Ord. No. 1864 § 1, 6-5-18; Ord. No. 1868, § 2, 6-5-18; Ord. No. 1912, § 1, 10-6-20; Ord. No. 1917, § 1, 1-5-21; Ord. No. 1920, § 1, 2-16-21; Ord. No. 1921, § 1, 2-16-21 and Ord. No. 1931, § 1, 10-19-21.
Cross references: Emergency sewers council, § 6-1.