(A) A decrease of not more than ten (10) percent of the required building site area, width, or depth.

(B) A decrease of not more than ten (10) percent of the required width of a side yard or the yard between buildings.

(C) A decrease of not more than ten (10) percent of the required front or rear yard.

(D) An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear, side, or yard between buildings.

(E) A decrease in the number of required parking spaces of not more than ten (10) percent.

(F) An increase of not more than ten (10) percent in the maximum allowable lot coverage.

(G) An increase of not more than ten (10) percent in the permitted height of buildings. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-34(B))

(A) Name and address of the applicant.

(B) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the adjustment is being requested.

(C) Address and legal description of the property.

(D) Statement of the precise nature of the adjustment.

(E) An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed property lines, locations of the structures, parking areas, driveways, other improvements or facilities and landscaped areas.

(F) Other plans, drawings, or information which the director deems necessary to enable proper consideration of the application.

(G) If the request is for a setback reduction, a letter approving the adjustment from all abutting property owners.

(H) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-34(C))

(A) Appeals and variance requests shall be made on an application form provided by the planning and zoning department, with other required documentation as specified by the director, and the appropriate fee. An application for an appeal of any decision or interpretation made by the director shall be filed with the city clerk within fifteen (15) calendar days of the date of the decision or interpretation. After the city clerk has determined that an application is complete, a public hearing with the board of adjustment will be scheduled.

(B) Any variance or appeal application, unless otherwise provided by law, shall stay all proceedings in the matter appealed from, unless the director certifies that a stay would cause imminent peril to life or property. In such cases, proceedings will not be stayed except by a restraining order granted by the board of adjustment, or by a court of record on application and notice to the director.

(C) Mandatory Applicant Attendance. Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.

(D) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the board of adjustment, shall be deemed to be conditions of approval.

(E) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(B))

(A) A notice shall be placed in a newspaper of general circulation of the area, or as may be designated by the city council for legal public notices. The notice shall describe the type and nature of the request at least fifteen (15) days prior to the date of the scheduled hearing;

(B) A notice shall be posted on or near the property in at least one (1) location on a form prescribed by the planning department for such public notice. The posted notice shall be placed on the property at least fifteen (15) days prior to the date of the scheduled hearing. It shall not be the responsibility of the city to maintain the posting once erected;

(C) Additional notice may be provided when deemed necessary by the director;

(D) Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2024-06, § 1, 6-4-24. 1976 Code § 15-1-35(C))

(A) When considering an appeal of a decision or interpretation made by the director, the board of adjustment shall make its determination based on the following:

(B) If the board of adjustment determines that the decision or interpretation made by the director was made in error, the resulting decision by the board shall not constitute an amendment to this title by permitting a use which is not otherwise allowed, or waive the development standards of the zoning district in which the property is located. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(D))

(A) The purpose of a variance is to restore equity when, due to special circumstances or conditions, this title restricts one (1) property more severely than other properties in the same zoning district. The circumstances or conditions must be beyond the control of the owner and relate to the property as opposed to the owner. Personal hardship or inconvenience does not justify a variance. The burden of proof is on the property owner.

(B) The board of adjustment shall make the following findings based on the evidence in the record prior to granting a variance:

(C) The board of adjustment shall not grant a variance when:

(A) Every variance shall be personal to the applicant and shall be transferable and shall run with the land only after completion of any structure or structures authorized thereby.

(B) The construction of any improvements allowed by a variance shall commence within twelve (12) months or as otherwise stipulated by the board of adjustment and must be completed within eighteen (18) months or as otherwise stipulated by the board of adjustment in accordance with the development plan, unless extended by the board of adjustment; otherwise the variance shall become null and void. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(F))

(A) The board of adjustment shall, by certified mail, notify the holder of the variance of its intention to hold a hearing to consider revocation of the variance. The notice shall be made at least fifteen (15) days prior to the date of the scheduled hearing. At the hearing, the board of adjustment shall consider the evidence from all interested parties, and after deliberation, may revoke the variance or take any actions as may be necessary to ensure compliance with the regulations or conditions of the approved variance. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(H))