Chapter 18.93
BOARD OF ADJUSTMENT VARIANCES, TEMPORARY USE PERMITS AND INTERPRETATIONS

Sections:

18.93.010    Purpose.

18.93.020    Establishment of the board of adjustment.

18.93.030    Variances.

18.93.040    Temporary use permits.

18.93.050    Time limit for variances and temporary use permits.

18.93.060    Interpretations.

18.93.070    Appeal to superior court.

18.93.010 Purpose.

This chapter establishes board of adjustment procedures for variances, temporary use permits and interpretations. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.020 Establishment of the board of adjustment.

A. Establishment. There is established a board of adjustment to hear and decide appeals for variances and interpretations of the code and to issue temporary use permits in accordance with ARS 9-462.06 and STC 18.100.050 (Administrators). [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.030 Variances.

A. Power. The board of adjustment may grant variances from provisions of this code.

B. Standards. The board may grant a variance only if it finds:

1. That, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of the zoning ordinance will deprive such property privileges enjoyed by other property of the same classification in the same zoning district such that the property cannot be reasonably developed in conformity with the zoning provision; and

2. That such special circumstances were not self-imposed or created by the owner or person in possession of the property; and

3. The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone; and

4. The variance is the minimum necessary to afford relief; and

5. The variance granted is subject to such conditions as will assure that the adjustment authorized will not be detrimental to the general welfare or injurious to other properties in the vicinity and shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

6. The variance does not allow a use which is not permitted in the zone by the code; and

7. The variance may not be from a condition of approval by the town council.

C. Application.

1. Scope. A variance may be requested by the owner of the property by submitting an application on a form prepared by the planning and zoning department.

2. The application shall include information to facilitate the board’s understanding of the variance request as follows:

a. A legal description of the property;

b. A list of all ownership interests in the property, by name and title (e.g., individual, corporation, trust or limited partnership), in accordance with ARS 33-506;

c. A letter of authorization for any agent of the property owner;

d. Hearing fees, in accordance with the adopted fees schedule;

e. A site plan, in accordance with STC 18.91.030(F) (Rezoning Procedures);

f. A floor plan detail, when the request pertains to interior access or use; and

g. A statement from the property owner of the present ability and intent to apply for all necessary town permits for construction or use of the property within nine months after granting of the variance.

3. The department may require additional information.

4. Incomplete applications shall not be processed.

5. Hearing notification maps shall be prepared only by the department.

D. Staff Review. The executive secretary shall:

1. Schedule a public hearing within 45 work days of an accepted application;

2. Prepare a written staff report prior to the hearing which contains at a minimum:

a. Analysis of the impact of the variance on the property and surrounding properties;

b. Any comments and proposed conditions of any town departments and other public agencies;

c. A recommendation for decision.

E. Public Notice.

1. No less than 15 days prior to a public hearing, notice shall be given by:

a. Publication once in a newspaper of general circulation in the area involved;

b. Posting of the subject property;

c. Mailing notice to all owners of property within 300 feet of the subject property.

2. Unintentional failure to give notice shall not invalidate an action of the board.

F. Hearing.

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

2. The appellant shall present information adequate to show:

a. The variance meets the standards of subsection B of this section; and

b. Conditions proposed by the appellant are adequate to protect surrounding properties from any increased visual impact, noise, light, odor or other adverse effects.

3. The board may require that additional information be provided by the appellant.

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

G. Conditions. The board may impose conditions on a variance that will:

1. Secure the intent and purposes of this code and the provision from which the variance is granted and any other county ordinance; and

2. Provide adequately for the protection of the public interest and the rights of surrounding property owners and residents.

H. Revocation. When any condition of a variance is violated, the variance and all town permits issued pursuant to the variance shall be null and void. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.040 Temporary use permits.

A. Scope. The board of adjustment may issue a temporary use permit for a building or premises in any zone for a use not therein permitted by this code. The permit shall be for not more than one year and may be renewed for up to one additional year.

B. Application. A temporary use permit may be requested by the owner of the property by submitting an application in accordance with STC 18.93.030(C), except that the time period in STC 18.93.030(C)(2)(g) shall be 30 days.

C. Standards. A temporary use permit may be issued only after a finding by the board that the temporary use:

1. Is of a true temporary nature;

2. Does not involve the erection of a substantial building;

3. Will not cause injury to or adversely affect the rights of adjacent property owners or residents;

4. Is in harmony with the general intent and purposes of this code; and

5. Does not violate state law or other provisions of town of Sahuarita ordinances.

D. Hearing. The temporary use permit shall be issued after a public hearing. Notice of the hearing shall be given in accordance with STC 18.93.030(E).

E. Conditions. The board may impose such conditions as will safeguard the public health, safety, convenience and general welfare. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.050 Time limit for variances and temporary use permits.

A. Time Limit. Application for necessary permits for use of the property and construction shall be made within one year of the granting of a variance and within 30 days of the issuance of a temporary use permit. The board of adjustment may grant a different time limit on variances approved for lots or parcels that are substandard in size because of circumstances beyond the control of the property owner.

B. Revocation. Failure to apply for necessary permits within the time limit shall render the variance or temporary use permit null and void.

C. Appeal. Appeal of a board action shall suspend the running of the time limit during the period of appeal.

D. Time Extension.

1. A new application for variance or temporary use permit shall be required after expiration of the time limit, unless an extension is granted by the board;

2. A request for a single one-year time extension may be made by submitting a written request and applicable fees for a board of adjustment public hearing. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.060 Interpretations.

A. Powers. The board of adjustment hears and decides appeals from interpretations made by the zoning administrator in the application or enforcement of the zoning code or in the determination of a zone boundary location when:

1. An appellant believes that the zoning administrator has made an error in a decision or interpretation; or

2. The location of a zoning district boundary is in doubt (refer to STC 18.05.030, Zones, Maps and Boundaries).

B. Application.

1. An appeal of an interpretation may be requested by submitting an application on a form prepared by the planning and zoning department, with hearing fees.

2. The application shall include the specific reasons and legal basis for the appeal.

3. The department may require additional information.

4. Incomplete applications shall not be processed.

C. Staff Review.

1. The zoning administrator shall prepare a written response to the application, which shall contain a statement of the interpretation used.

2. The staff response shall be submitted to the board, mailed to the appellant and be made available to the public at least 15 days prior to the public hearing.

3. No further written statements shall be submitted to the board prior to the public hearing.

D. Public Notice. No less than 15 days prior to a public hearing, notice shall be given by:

1. Publication once in a newspaper of general circulation in the town; and

2. Mailing notice to the appellant; and

3. Mailed notice to property owners within 300 feet of the subject property, if applicable as determined by the zoning administrator.

E. Hearing.

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

2. Testimony and argument shall be limited to the interpretation in question. Facts relating to specific applications of the provision in question shall be considered as relevant only insofar as they are examples of the general application of the provision throughout the town.

3. The board may require that additional information be provided.

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

F. Board Action.

1. The board may act on the matter following the public hearing or continue the matter for a maximum of three months;

2. The decision shall be made in writing;

3. Requests for reconsideration may be filed only based on new information, with new hearing fees, within 30 days of the decision. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.93.070 Appeal to superior court.

A. Appeal from a Decision of the Board of Adjustment. Any person aggrieved by a decision of the board may make an appeal to superior court within 30 days of the date of the action of the board, and the matter shall be heard in like manner as appeals from courts of justices of the peace. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]