Loading...
A. The Board of Adjustment and its’ construct and authority are established in accordance with provisions of Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 2. Board of Adjustment of the Eloy Code. (Ord. 18-880, 7-23-2018; Ord. 21-915, 9-13-2021; Res. 24-1599, 10-14-2024)
A. The Board of Adjustment shall have the following powers and duties set forth in Chapter 2 Administration, Article IV. Commissions, Boards and Bureaus, Division 2. Board of Adjustment, and as follows:
1. Appeal of Zoning Administrator Decision: To hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter and Chapter 15 Subdivisions. This power shall include the power to reverse, affirm, or modify, wholly or partly, any order, requirement or decision of the Zoning Administrator properly appealed to the Board, and make such order, requirement, decision or determination as is necessary.
a. An appeal shall stay all proceedings in the matter appealed from, unless the person from whom the appeal is taken certifies in writing to the Board that the stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the person from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof.
2. Request for Variances: To hear and decide requests for variances from the terms of this chapter. The Board of Adjustment may impose reasonable conditions in a decision to approve a variance.
a. Justification for Variance: A variance from the terms of this chapter may only be granted upon the presentation of evidence demonstrating that the specific requirements established by State Statutes have been satisfied:
i. There exist special circumstances or conditions regarding the land or building for which the variance or adjustment is sought, which do not apply generally to other land or buildings in the same zoning district; and
ii. The above special circumstances or conditions are preexisting and are not created or self-imposed; and
iii. The variance is necessary for the preservation of substantial property rights. Without a variance, the property cannot be used for purposes otherwise allowed in the same zoning district and the variance or adjustment, as granted, is the minimum adjustment that will accomplish this purpose; and
iv. The granting of the adjustment will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.
b. Prohibited Actions: The Board of Adjustment may not:
i. Make any changes in the uses allowed in any zoning classification or zoning district; or
ii. Make any changes in the terms of this chapter, provided the restrictions in this paragraph shall not affect the authority to grant variances pursuant to State Statutes.
3. Reasonable Accommodation for a Disability:
a. A Reasonable accommodation from a development standard of this Chapter for a disability shall not be authorized unless the Board shall find upon sufficient evidence all of the following:
i. The requested accommodation has been made by or on behalf of one (1) or more individuals with a disability protected under federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);
ii. The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling;
iii. The standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the City of Eloy;
iv. The requested accommodation does not fundamentally alter the nature and purpose of the City of Eloy Zoning Ordinance of the City of Eloy;
v. The requested accommodation will not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in federal and Arizona fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) interpretive case law;
vi. The profitability or financial hardship of the owner/service provider of a facility shall not be considered in determining whether to grant a reasonable accommodation for a disability;
vii. The requested accommodation shall not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others; and
viii. The requested accommodation shall comply with all applicable building and fire codes.
b. The Board of Adjustment may impose reasonable conditions in a decision to approve a reasonable accommodation for a disability.
(Ord. 18-880, 7-23-2018; Res. 24-1599, 10-14-2024)
A. A person aggrieved by a decision of the Board of Adjustment or an officer or department of the City of Eloy affected by a decision of the Board may, at any time within thirty (30) days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board’s decision.
1. An appeal shall stay all proceedings in the matter appealed from unless the person from whom the appeal is taken obtains relief from the Superior Court, which has upon finding that such a stay would cause imminent peril to life or property. If relief is provided, the proceedings shall not be stayed, unless by a restraining order granted by the Arizona Appellate Court of record. (Res. 24-1599, 10-14-2024)
Loading...
Next Doc