There is hereby created, as provided by law, a board of adjustment of Pinal County. The board shall be composed of five members, each of whom shall be a resident and taxpayer of the unincorporated area of the county. At least one member of the board shall be selected from each supervisory district. The members of such board shall be appointed for terms of four years each.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13; Ord. No. 61862, § 2401. Formerly § 2.155.020)

The board shall meet as often as the chairman or a majority of the board deems necessary for the transaction of business. The board shall elect its own officers and establish its own rules. Any finding, ruling or decision of said board relating to the administration of the zoning ordinance shall be an order at either a regular or special meeting of said board, and shall be fully reported in the minutes of the board.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13; Ord. No. 61862, § 2402. Formerly § 2.155.030)

The jurisdiction of the board shall be throughout the unincorporated portions of the county that are under the county's jurisdiction. The board may:

A.

Interpret this title when the meaning of any word, phrase, or section is in doubt, when there is dispute as to such meaning between the appellant and the enforcing officer, or when the location of a zoning district boundary is in doubt.

B.

Allow a reduction of building site area and yard requirements where, in its judgment, the shape of the building site, topography, the location of the existing buildings or other unusual circumstances attaching to the property make a strict compliance with said regulations impossible without practical difficulty or unnecessary hardship; but, in no case, except as hereinafter provided, shall these regulations be reduced in such manner as to violate the intention and purpose of this title.

C.

Allow the construction of commercial buildings with sidewalks, arcades or similar architectural features where such construction requires a variance of front yard regulations and is in conformity with a general architectural plan applicable to the entire frontage of a block or where such construction would permit the widening of the adjacent street or thoroughfare.

D.

Authorize a reduction of the off-street parking and loading requirements of chapter 2.140 PCDSC, if it should find that in the particular case the peculiar nature of the building or premises, or the exceptional situation or condition, would mitigate the need for the parking spaces specified.

E.

Authorize variances from the strict application of the provisions of this title in cases when owing to peculiar conditions a strict application of such provisions would result in the serious impairment of substantial property rights, provided the long-term interests of the community are given full consideration and the general intent and purposes of this title will be preserved. The applicant at the hearing shall present a statement and adequate evidence in such form as the board shall require satisfying, as a minimum, the requirements set forth in PCDSC 2.155.040(C)(4).

It is not intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between private parties, but where the zoning provisions of this title are more restrictive than any existing private restrictive covenant affecting any portion of the unincorporated area of said county, said zoning provisions shall prevail over said private covenant.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13; Ord. No. 61862, § 2403. Formerly § 2.155.040)

An owner of real property located within the unincorporated area of the county may request a variance when, due to unusual circumstances attached to the person's property, an unnecessary hardship is being inflicted on the person.

A.

Application for variance.

1.

An individual variance may be requested by the owner of real property or the property owner's authorized agent by submitting an application requesting a variance on a form provided by the planning and development department together with the applicable filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

2.

The application shall include information to facilitate the board's understanding of the variance request, including but not limited to the following:

a.

The proposed use of the property.

b.

Legal description of the property.

c.

Proof of ownership for all ownership interests in the subject property.

d.

If there is an agent, a signed, notarized authorization for the agent by the property owner.

e.

Site plan, in accordance with chapter 2.200 PCDSC.

f.

Floor plan detail when the request pertains to interior access or use.

g.

Evidence satisfactory to the board of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within nine months after the granting of the variance.

h.

An accurate list showing the names and addresses of all persons, firms or corporations appearing of public record as owning property within the area proposed to be affected and within 600 feet of any part of the property for which a variance is requested. The list must be made within the 30 days preceding the filing of the application and be certified as to completeness by the applicant or some person otherwise qualified by knowledge of the public records. The list shall be furnished by applicant at applicant's own expense. The zoning inspector shall satisfy himself/herself of the completeness of the list before accepting it for filing. The list may be rejected for insufficiency.

i.

Any other information deemed necessary by the planning and development staff or board.

B.

Staff review. The planning and development department shall prepare a written staff report prior to the hearing that contains at a minimum the following:

1.

Analysis of the impact of the requested variance on the property and surrounding properties.

2.

Comments and proposed conditions from applicable county departments and other public agencies.

3.

A recommendation concerning the request.

C.

Public hearing.

1.

Upon receipt, in proper form, of the application and after proper notice has been given as required by this section, the board shall proceed to hold a public hearing upon the application not more than 60 days after filing of a complete application, at which all persons whose property is directly affected and the general public shall be given an opportunity to be heard.

2.

Not less than 15 calendar days before the date of the public hearing, notice shall be given by:

a.

Publication once in a newspaper of general circulation in the area of the property that is the subject of the variance application. If there is no newspaper of general circulation in said area, then in a newspaper of general circulation in the county seat.

b.

Postings on and in the vicinity of the property that is the subject of the variance application in locations where the notices will be visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain the posting once erected.

c.

Notice by first class mail to the applicant and to all real property owners, as shown on the last assessment of the property, within 600 feet of the subject property.

d.

Notice shall state the date, time and place of the hearing, reasonably identify the parcel of land that is the subject of the variance application, give a brief description of the request and state that anyone residing on or owning adjacent property and wanting to comment on the request may appear at the public hearing and/or provide comment in writing to be received by the planning and development department before the date of the public hearing.

3.

The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the board for which the notice was given.

4.

At the public hearing on a variance application, the applicant shall present a statement and adequate evidence in such form as the board may require for the purpose of showing:

a.

There are special circumstances or conditions applicable to the property referred to in the application which do not prevail on other property in that zoning district.

b.

That the strict application of the regulations would work an unnecessary nonfinancial hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights.

c.

That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

d.

That the special circumstances or conditions referred to in subsection (C)(4)(a) of this section are not self-imposed and are not a matter of mere inconvenience or personal preference.

e.

That the variance will not allow a use that is not permitted in the zoning district where the property is located.

D.

Board action.

1.

The board may:

a.

Require additional information be provided by applicant.

b.

Continue the public hearing to a definite date and time not to exceed three months.

c.

Request applicant modify the application, including the plans and specifications submitted by applicant.

d.

Approve the request. To approve a variance request, the board shall make findings on subsection (C)(4) of this section.

e.

Deny the request.

2.

In the event the board denies an application for a variance, no permit shall be issued pending further action thereon by an appeal to the superior court within 30 days from the date said disapproval is officially entered on the minutes of the board. If said court shall overrule the action of the board, then the zoning inspector shall issue the requested permit without further action by the board, unless the court orders the board to hold further hearings to permit the board to fix conditions or require guarantees.

3.

In approving any variance, the board may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation or provision to which such variance is granted, to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted, and shall provide the zoning inspector with a copy of the same.

4.

Where necessary, the board may require guarantees, in such form as it may deem proper under the circumstances, to insure that the conditions designated in connection therewith are being or will be complied with.

5.

The board's decision shall be made in writing and transmitted to the applicant and the planning director.

E.

Violation of conditions. When any condition of a variance is violated, the variance shall become null and void.

F.

Time limits.

1.

Applications for necessary permits for use of the property and construction shall be made within nine months of the granting of a variance.

2.

Failure to apply for necessary permits within the time limit shall render the variance null and void.

3.

Without a public hearing, the board may consider a request for a single three-month time extension upon applicant submitting a written request, including the reason for such request, to the county planning and development department.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13; Ord. No. 61862, §§ 2501—2508. Formerly §§ 2.155.050—2.155.120)

A.

Limited scope. Upon the request of the planning director, the board may grant a blanket variance for a specified area of land where nonconformance in lot sizes or development standards was created by the county's approval of the zoning district covering the subject area.

B.

Public hearing.

1.

The board shall consider the variance request at a public hearing at which all interested persons may be heard.

2.

The planning and development department shall present information showing how the nonconformance occurred and why the strict application of the regulations would work an unnecessary hardship on property owners within the subject area.

3.

Not less than 15 calendar days prior to a public hearing, notice shall be given by:

a.

Publication once in a newspaper of general circulation in the area which is the subject of the variance request. If there is no newspaper of general circulation in said area, then in a newspaper of general circulation in the county seat.

b.

Postings within the area which is the subject of the variance request in locations along the area boundary so that the notices are visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain the postings once erected.

c.

First class mail to the real property owners, as shown on the last assessment of the property, within the subject area and to all real property owners, as shown on the last assessment of the property, within 600 feet of the subject area.

d.

Notice shall state the date, time, and place of the hearing, reasonably identify the parcels of land that are the subject of the application, give a brief description of the action requested and state that anyone residing within the subject area or owning an adjacent property and wanting to comment on the variance request may appear at the public hearing or provide comment in writing to be received by the planning director before the date of the public hearing.

4.

The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the board for which the notice was given.

C.

Board action.

1.

The board may require additional information be provided.

2.

The board may continue the public hearing to a definite date and time not to exceed three months.

3.

The board may deny the request.

4.

The board may approve the request. To approve a blanket variance, the board shall make findings as to whether:

a.

There are special circumstances or conditions applicable to the property which is the subject of the variance which do not prevail on other property in that zoning district.

b.

The special circumstances or conditions referred to in subsection (C)(4)(a) of this section are not self-imposed by the property owners within the subject area.

c.

The strict application of the regulations would work an unnecessary nonfinancial hardship.

d.

The granting of the variance is necessary for the preservation and enjoyment of substantial existing property rights.

e.

The granting of such variance will not materially affect the health or safety of persons residing or working within the subject area and adjacent properties and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

f.

The variance does not allow a use that is not permitted in the zone district where the property is located.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13)

A.

Appeals. Appeals may be taken to the board by any person who feels there is error or doubt in the interpretation of this title.

B.

Filing. The application for appeal must be filed within 30 calendar days from the date the interpretation is made.

C.

Application.

1.

An appeal may be made by submitting an application in a format approved by the planning and development department together with the applicable fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

2.

The application shall include:

a.

The specific words, phrases, terms, sections or provisions requiring interpretation.

b.

The disputed interpretation.

c.

A statement of the interpretation proposed by the appellant.

d.

A statement of supporting authority, if any, for the position of the appellant.

e.

Any other information deemed necessary by the planning and development staff or board.

3.

Incomplete applications shall not be processed.

D.

Staff review.

1.

The planning director shall prepare a written response to the appeal application.

2.

Before the date of the public hearing, the response shall be submitted to the board and mailed to the appellant.

3.

No further written statements by either the appellant or planning director shall be submitted to the board before the public hearing.

E.

Public notice. Not less than 15 calendar days before the public hearing, notice shall be given by:

1.

Publication once in a newspaper of general circulation in the county seat.

2.

Mailing notice by first class mail to the appellant.

F.

Public hearing.

1.

The board shall hold a public hearing on the appeal, at which all interested persons may be heard.

2.

The board may require that additional information be provided.

G.

Board action.

1.

The board may act on the matter following the public hearing or continue the matter to a definite date and time not to exceed three months.

2.

The board's decision shall be made in writing and transmitted to the appellant and the planning director.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13)

Any person aggrieved in any manner by an action of the board may within 30 calendar days appeal to the superior court, and the matter shall be heard de novo.

(Ord. No. 011812-ZO-PZ-C-007-10, § 13)