Chapter 18.100
ADMINISTRATORS
Sections:
18.100.030 Planning and zoning commission.
18.100.040 Planning and building department.
18.100.050 Board of adjustment.
18.100.010 Purpose.
A. Purpose.
1. This chapter describes the responsibilities, powers and duties exercised by the principal officers and agencies involved in the planning, zoning and subdivision of land within the town of Sahuarita.
2. The specific procedures by which these responsibilities, powers and duties are exercised are found within the applicable chapters of this code and in adopted written policies. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.101.010.]
18.100.020 Town council.
A. Scope. As a legislative body, the town council performs the planning and zoning actions of this section, as authorized by ARS Title 9, Chapter 4.
B. Powers and Duties.
1. General Plan. Upon recommendation by the planning and zoning commission, the town council adopts and amends a general plan, which establishes the goals of the town of Sahuarita regarding future development of the town, in accordance with Chapter 18.89 STC (General Plan);
2. Zoning Regulations and Districts. By ordinance, the town council establishes and amends the zoning regulations of this code in accordance with STC 18.01.070 (general provisions), and provides for zoning district changes and amendments in accordance with Chapter 18.91 STC (Rezoning Procedures);
3. Land Use Policies. The town council adopts, by resolution, policies relating to land use issues and review procedures;
4. Subdivision and Development Plan Regulations. The town council adopts, by ordinance, regulations for the subdivision of land within the town (refer to Chapter 18.69 STC, Subdivision Standards) and for development plans, which establish the features of a development (refer to Chapter 18.71 STC, Development Plan Standards);
5. Appeals and Special Permits. The town council hears and decides appeals and special permits to developmental or procedural requirements, when authorized by this code;
6. Enforcement. The town council establishes, by ordinance, rules and procedures for the enforcement of this code by the zoning administrator;
7. Appointments. The town council appoints or ratifies the members of the following boards, commissions and committees:
a. Planning and zoning commission,
b. Board of adjustment,
c. Other committees, as necessary. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.101.020.]
18.100.030 Planning and zoning commission.
A. Scope. The planning and zoning commission primarily advises the town council on planning and zoning policies, plans, amendments and regulations, as authorized by ARS Title 9, Chapter 4.
B. Powers and Duties. The commission performs the following duties:
1. General Plan.
a. The commission conducts public hearings and makes recommendations to the town council on the adoption of, and amendments to, the general plan, which establishes the goals of the town of Sahuarita regarding future development of the town, in accordance with Chapter 18.89 STC (General Plan),
b. The commission may initiate amendments to the general plan;
2. Zoning Code Amendments.
a. The commission conducts public hearings and makes recommendations to the town council on amendments to the zoning code, in accordance with STC 18.01.070 (general provisions),
b. The commission may initiate amendments to the zoning code;
3. Specific Plans. The commission conducts public hearings and makes recommendations to the town council on the adoption of, or amendment to, specific plans;
4. Rezoning. The commission conducts public hearings and makes recommendations to the town council on applications to rezone property;
5. Conditional Uses. The commission conducts public hearings and makes decisions on Type 2 conditional uses and recommendations to the town council on Type 3 conditional uses.
6. Other Matters. The commission may initiate or conduct special studies relating to planning and zoning matters, and may consider requests for the same from the town council.
C. Composition. The commission is comprised of seven members nominated by each of the six town council members and mayor with their appointments approved by the mayor and town council.
D. Transaction of Business.
1. The commission shall conduct its business in accordance with the Arizona Revised Statutes, applicable town of Sahuarita regulations, and its own adopted rules and regulations.
2. The director of the planning and building department shall be the executive secretary of the commission.
E. Effect of Decisions. All commission recommendations, final actions and findings of decisions will be transmitted to the town council, regardless of vote. [Ord. 2017-118 § 2; Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.101.030.]
18.100.040 Planning and building department.
A. Scope. The planning and building department is the lead agency for the administration of this code and serves as the lead professional staff of the planning and zoning commission. The planning and building department includes a planning and zoning division, which shall be included by reference in the term “planning and building department.”
B. Powers and Duties of the Planning and Building Director. The planning and building director, with the applicable staff, performs the following duties:
1. Supervision. The director supervises the various divisions of the department;
2. Rezoning and Specific Plan Compliance with the General Plan. The director determines rezoning and specific plan compliance with the general plan;
3. Plans and Regulations. The director develops and maintains the general plan and the land use plans, policies and regulations for its implementation;
4. Specific Plan. The director administers and provides recommendations to the commission on specific plan applications and coordinates the administration of adopted specific plans by other town departments and public agencies;
5. Rezoning. The director administers and provides recommendations to the commission on the rezoning of property;
6. Subdivision and Development Plan Regulations. The director reviews and coordinates the processing of subdivision plats in accordance with Chapter 18.69 STC (Subdivision Standards) and development plans in accordance with Chapter 18.71 STC (Development Plan Standards);
7. Boards, Commissions and Committees. The director provides administrative assistance to the planning or zoning bodies appointed by the town council (refer to STC 18.100.020(B)(7));
8. Sale of Zoning Code. The director is responsible for the sale of copies of the zoning code;
9. Initiation of Zoning Code or General Plan Amendments. The director may initiate zoning code and plan amendments and makes recommendations to the planning and zoning commission on such amendments;
10. Other Duties.
a. The director acts as the executive secretary of the commission and, by representation, executive secretary of the board of adjustment,
b. The director performs such other functions as may be necessary in the administration of the department or as provided by the town manager,
c. The planning and building director shall act as the zoning administrator or shall delegate that authority.
C. Powers and Duties of the Zoning Administrator. The zoning administrator performs the following duties:
1. Compliance Review. The administrator reviews all permits for the use or improvement of property prior to issuance by the town, in order to determine if the proposed activity will be in compliance with this code;
2. Conditional Uses. The zoning administrator makes administrative decisions on requests for conditional uses, in accordance with Chapter 18.97 STC (Conditional Use Procedures);
3. Interpretation. The administrator interprets the provisions of this code and determines the location of zoning district boundaries;
4. Enforcement. The administrator enforces the provisions of this code by all means prescribed by law. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.101.040.]
18.100.050 Board of adjustment.
A. Scope. The board of adjustment hears and decides appeals for variances and interpretations of this code and issues temporary use permits, in accordance with ARS 9-462.06 and Chapter 18.93 STC (Board of Adjustment Variances, Temporary Use Permits and Interpretations).
1. Appeals of Zoning Code Interpretation. Appeals must be filed within 30 days of the decision or interpretation. The board hears and decides appeals from interpretations made by the zoning administrator in the application or enforcement of the zoning code when:
a. The appellant believes there was an error made by the zoning administrator in the decision or interpretation, or
b. The appellant believes that the zoning administrator has improperly made a determination as to the location of a zoning district boundary (refer to STC 18.05.030, zones, maps and boundaries);
2. Variances. The board may grant variances from the provisions of this code in accordance with STC 18.93.030 (board of adjustment variances, temporary use permits and interpretations);
3. Temporary Use Permits. The board may approve a temporary use in accordance with STC 18.93.040 (board of adjustment variances, temporary use permits and interpretations).
B. Composition. See Chapter 2.115 STC, Boards, Committees and Commissions.
C. Transaction of Business.
1. The board shall conduct its business in accordance with the Arizona Revised Statutes, applicable town of Sahuarita regulations, and its own adopted rules and regulations.
2. The planning and building director shall be the executive secretary of the board. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2. Formerly 18.101.050.]