Chapter 17.120
THE BOARD OF ADJUSTMENT, THE APPEALS PROCEDURE, VARIANCES
Sections:
17.120.010 Creation and membership.
17.120.030 Meetings and rules.
17.120.040 Application for variance.
17.120.050 Expiration of variance.
17.120.080 Appeal of a decision made by a Board of Adjustment.
17.120.010 Creation and membership.
The Town Council shall serve as the Board of Adjustment and shall perform all functions and duties of a Board of Adjustment as provided in A.R.S. § 9-462.06, until such time as the Town Council appoints a separate Board of Adjustment. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2501))
17.120.020 Powers and duties.
A. A Board of Adjustment shall:
1. Hear and decide appeals in which it is alleged there is an error in any order, requirement or decision made by the Director in the enforcement of the zoning regulations, as described in Section 17.132.020.
2. Hear and decide requests for variances from the terms of the zoning regulations only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted 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 vicinity and zone in which such property is located.
3. Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Director appealed from, and make such order, requirement, decision or determination as necessary.
B. A Board of Adjustment may not:
1. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning regulations provided the restriction in this subsection shall not affect the authority to grant variances.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2502))
17.120.030 Meetings and rules.
Meetings of the Board of Adjustment shall be held at the call of the Chairperson at such times as are deemed necessary for the transaction of business. All such meetings shall be open to the public. The Chairperson, or in his absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such facts, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every variation and every order, requirement decision, or determination of the Board of Adjustment shall be filed in the Office of the Director. The Board of Adjustment shall adopt its own rules or procedure and elect its own officers. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2503))
17.120.040 Application for variance.
Application for any variance to these regulations shall be made to the Board of Adjustment. A completed application, nonrefundable filing fee and an advertising fee shall be submitted to the Community Development Department, and shall be accompanied by:
A. Accurate plot plans and description of the property involved, description of the proposed use, preliminary floor plans and elevations of all proposed buildings, and an estimate of the valuation of the proposed construction.
B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after allowing any variance. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2505))
17.120.050 Expiration of variance.
Any variance granted pursuant to these regulations shall expire if construction is not substantially complete within one (1) year from the date of granting said variance. If judicial proceedings are instituted to review the Board of Adjustment’s decision, the variance shall expire one (1) year from the date of entry of the final order in such proceedings, including all appeals. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2321))
17.120.060 Appeals.
An appeal to the Board of Adjustment concerning interpretation or administration of these regulations may be taken by any person aggrieved or by any officer, department, board or agency of the Town affected by any decision of the Director. Such appeal shall be taken within a reasonable time, not to exceed sixty (60) days or such lesser period as may be provided by the rule of the Board of Adjustment, by filing with the Director and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to said Board of Adjustment all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in the matter appealed from unless the Director from which the appeal is taken certifies to the Board of Adjustment that by reason of the fact stayed in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed, except by a restraining order granted by said Board of Adjustment or by a court of record on application and notice to the Director from whom the appeal is taken. The Board of Adjustment shall fix a time for hearing the appeal and give notice thereof to the parties in interest and the public as set forth herein. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2504))
17.120.070 Public hearings.
A. Variance. Upon receipt in proper form of an application for any variance to the requirements of these regulations the Board of Adjustment shall hold a public hearing thereon after giving public notice thereof, as described in A.R.S. § 9-462.06(F).
B. Appeals. Upon receipt in proper form of appeals concerning the Director’s interpretation of these regulations, the Board of Adjustment shall hold a public hearing thereon after giving public notice thereof, as described in A.R.S. § 9-462.06(F), as well as due notice to the parties in interest, and decide the same within a reasonable time. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2506))
17.120.080 Appeal of a decision made by a Board of Adjustment.
A person aggrieved by a decision of a Board of Adjustment may at any time within thirty (30) days of such decision file a civil complaint or a special action in the Navajo County Superior Court for review of such decision. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2507))
17.120.090 Fees.
A. The Town Council shall establish a schedule of fees for variances and appeals from time to time by resolution. (Ord. 15-393 § 1 (part): Ord. 06-283; Ord. 06-262)