A.

The purpose of a variance is to provide administrative relief when the strict application of the zoning requirements of lot width, lot depth, building height, setback, access or other dimension requirements excluding lot area, will cause practical difficulties in the use of property to the same extent as other properties in the same zone. These difficulties may result from geographic, topographic or other physical conditions on the site or in the immediate vicinity at the time of the enactment of the regulation and a literal enforcement of the provisions of this title would result in unnecessary hardship upon the owner.

B.

No variance shall be granted which shall have the effect of rezoning the property or allows the creation of a parcel which is substandard to the minimum parcel size requirements of the same zoning district or which allows the establishment or expansion of a use otherwise prohibited or subject to conditional use procedures.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A variance may be authorized, subject to the application procedure set forth in this chapter and upon demonstration of adequate evidence by the applicant and review by the board of adjustment that the proposed variance satisfies the following criteria:

A.

That special conditions and circumstances exist which are peculiar to the land, building or structure involved, and are not applicable to other lands, structures or buildings in the same district;

B.

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed under the terms of this title by other properties in the same district;

C.

That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure;

D.

That the granting of the variance will be in harmony with the general purpose and intent of this title and the general plan and is in the public interest;

E.

That the variance will not be materially detrimental to persons working or residing in the vicinity and will not interfere or injure the rights of other properties in the same district;

F.

That the hardship results in more than personal inconvenience and/or financial hardship and does not result from the neglect or knowing violation of this title by the appellant subsequent to the effective date of the regulations appealed from;

G.

Every variance granted shall be personal to the appellant and shall be transferred and shall run with the land only after completion of any authorized structure or structures;

H.

That the variance will not confer upon the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district;

I.

No nonconforming use or violations of this title with respect to neighboring lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

A request for a variance, modification of an existing variance, or a review of an existing variance shall be initiated by a property owner or his authorized agent, unless initiated by the town, by filing an application on forms provided, with the community development director. Such application shall include full information on the proposed variance including lot dimensions, structure dimensions and setbacks, property access, adjacent properties, existing conditions and geographic and topographic information on the location, and shall be accompanied by a site plan prepared in accordance with the provisions of this title.

B.

The community development director shall review each application for technical compliance with established application requirements and shall formally accept or reject the application within three working days.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Upon filing an application for a variance, the appellant shall pay a filing fee in an amount established by a schedule adopted by resolution of the town council and posted in the office of the town clerk.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

All applications for a variance shall be considered by the board of adjustment at a public hearing. Notice of the meeting shall be posted on the property and published in the official newspaper of the town no less than fifteen days proper to the hearing. The notice shall also be mailed ten days prior to the hearing to the following:

A.

All owners of land lying within three hundred feet of the boundaries of the land subject to the application. For purposes of the calculation of this notice area:

1.

Public rights-of-way shall be excluded in determining the extent of the notice area, and

2.

Adjoining land under the same ownership as the land subject to the application shall be included in determining the boundaries from which the notice area is measured.

B.

Any person or organization who files with the community development department a request to receive such notice upon payment of a five-dollar-per-year fee;

C.

Applicable adjoining political subdivisions where the property that is the subject of the application abuts the town boundary;

D.

Such other persons as the community development director determines are likely to be affected by the proposed use;

E.

The notice shall contain:

1.

A description of the proposed use and its location,

2.

The place and time of the public hearing at which comments on the proposed use must be filed.

F.

As per Arizona Revised Statutes.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Nothing contained in this chapter shall be construed to empower the board of adjustment to change the terms of this title, to authorize uses that violate any other town ordinance, to affect changes in the zoning map, or to add to or change the uses and densities permitted in any zoning classification or district.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Any variance 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 zone in which such property is located.

B.

The board of adjustment may impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this title will be fulfilled.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required. Failure to comply or any departure from these conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this title.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The procedure for the revocation of approval of a variance shall be as follows:

A.

If a violation of any condition imposed in approval of a variance is found, the community development director shall inform the applicant by registered letter of the violation and shall require compliance within ninety days.

B.

If the violation is not corrected, the community development director shall inform the board of adjustment of the violation and shall provide sufficient data to demonstrate the nature of the violation. The community development director may then set a hearing date on the violation.

C.

At least ten days prior to the public hearing, the applicant shall be notified by registered letter of the public hearing. In addition, all persons notified of the original application and all who testified at the original hearing shall be notified by regular mail.

D.

The board of adjustment shall conduct a public hearing pursuant to the requirements of this chapter, and shall determine whether approval of the variance shall be revoked.

E.

Upon determination by the board of adjustment that a violation has occurred, the community development director shall notify the applicant by registered mail and shall forward the determination to the board of adjustment pursuant to this title for enforcement.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A variance shall be null and void one year from the date it is granted unless the use is not commenced or if a building permit is not obtained within six months and construction completed within one year of such granting, or within the time stipulated by the board of adjustment. The community development director may extend the variance for an additional period of time not to exceed one year upon the receipt of a written request from the applicant demonstrating good cause for the delay and provided that the request for extension is received by the community development director prior to the expiration of the original variance approval.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The decision of the board of adjustment shall be final, provided, however, that any person aggrieved by a decision of the board of adjustment may, at any time within thirty days after the filing of the decision in the office of the board of adjustment, petition the court for a writ of certiorari for review of the board of adjustment'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 of adjustment, 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.

(Ord. No. 2013-04, Exh. A, 5-7-2013)