Consideration and adoption of amendments to the Board of Adjustment Rules of Procedure.

Approve the proposed amendments to the Rules of Procedure for the Board of Adjustment. (Alissa Magley, Administrative Services Manager)

There is no financial impact associated with amending the Rules of Procedure. All updates are administrative in nature.

The Board of Adjustment operates under adopted Rules of Procedure that guide meeting conduct, public hearing protocols, officer duties, voting requirements, and other procedural matters. The current Rules of Procedure were adopted on January 10, 1996 and have not been updated since that time. Periodic updates are necessary to ensure the Rules remain consistent with current state statutes, local ordinances, and best practices for quasi-judicial boards.

Staff has conducted a review of the existing Rules of Procedure and identified areas where clarification, modernization, or alignment with current city processes would benefit both the Board and the public. Staff has also considered feedback from Board members and City departments that support Board operations.

Key amendments include:

• Editing and formatting updates: Improvements to clarity, consistency, and overall modernization.
• Planning & Zoning Commission serving as the Board of Adjustment: Due to the Commission fulfilling this role, all references to electing a separate Chair and Vice Chair have been removed to avoid conflicts with existing Commission officer roles.
• Expanded Chair authorities: Adds provisions allowing the Chair to set reasonable time limits, define the issues to be addressed during hearings, and vote on all matters before the Board.
• Open Meeting Law updates: Incorporates revised language to reflect current Arizona Open Meeting Law requirements.
• Ex parte communication rule: Establishes a rule—consistent with the Planning & Zoning Commission—requiring disclosure and proper handling of ex parte communications to safeguard the integrity of proceedings.
• Hearing conduct and order of meeting: Provides direction for addressing interruptions and maintaining decorum during public hearings.
• Clarifications on voting, appeals, and variances: Strengthens guidance on the factors the Board may consider in appeal and variance requests and clarifies what may not be considered to ensure clear, legally defensible decisions.

Adopting the proposed amendments will ensure that the Board's procedural framework is legally compliant, transparent to the public, and practical for the Board and staff to administer. Clear and up-to-date rules reduce procedural uncertainty and support defensible decision-making.

Staff has reviewed the proposed changes with the city's Legal department, and all amendments have been confirmed to comply with applicable state statutes and local ordinances.