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The Board of Adjustment shall only approve a variance after finding that all of the following conditions are met. Financial hardship, personal preference of the owner, or the fact that the property may be utilized more profitably if the requested variance is granted shall not be considered grounds for approval.
A. Special conditions and circumstances exist which are unique to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district.
B. A literal interpretation of this chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district.
C. The alleged hardship caused by literal interpretation of the provisions of this chapter includes more than personal inconvenience and financial hardship, and is not the result of actions by the appellant.
D. Granting the variance will not confer upon the appellant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zoning district.
E. Granting the variance will not interfere with or substantially injure the appropriate use of adjacent conforming properties in the same zoning district.
F. The reasons set forth in the appeal justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
G. Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
H. No variance shall be granted from any written conditions attached by another decision-maker to the approval of a rezoning, conditional use permit, subdivision plat, or site plan.
I. No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.
J. No non-conforming use or violations of this chapter with respect to neighboring lands, structures or buildings, in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.
K. Every decision of the Board shall be based upon the findings of fact, and every finding of fact shall be supported in the record of its proceedings. The conditions required by this chapter to exist on any matter upon which the Board is authorized to pass under this chapter shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed findings of fact, and shall not be deemed in compliance with this chapter. (Ord. 18-880, 7-23-2018)
A. Expiration: In any case where a variance has not been used within one year after its granting by the Board of Adjustment shall become null and void.
B. Time Extensions: The Board of Adjustment shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:
1. Upon request by the applicant.
2. When the request is filed in writing with the Community Development Department not less than thirty (30) days prior to the expiration date of the original variance approval.
3. When accompanied by a time extension fee in accordance with the fee schedule of the City of Eloy.
4. Upon determination by the Board that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved variance inappropriate. (Ord. 18-880, 7-23-2018)
A. Revocation: The Board of Adjustment shall be authorized to hold a public hearing to consider the revocation of a variance previously granted in accordance with the provisions of this chapter. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than thirty (30) days prior to the date of such hearing.
B. Findings: A variance may be revoked if, from the facts presented at the public hearing or by investigation, the Board makes an affirmative determination on any one of the following findings:
1. That the variance was obtained by fraud.
2. That the variance granted is being exercised contrary to the conditions of approval of such variance or in violation of any applicable law, license, ordinance, permit or regulation. (Ord. 18-880, 7-23-2018)
The purpose of this section 21-6-10 is to provide procedures by which specific signage within the City is regulated to promote traffic safety, safeguard public health, facilitate police and fire protection, prevent adverse community appearance and enhance identification and/or direction within the City. Certain sign approvals are required to erect, re-erect, construct, alter or move specific sign types within the City. Sign applications shall also be required as part of a final site plan or final plat submittal or as may be required by the Zoning Administrator. (Ord. 18-880, 7-23-2018)
A. Application Submittal: A complete application for a sign permit or comprehensive sign plan (see section 21-4-3.11 of this chapter) shall be submitted to the Zoning Administrator as set forth in section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. All sign permit or comprehensive sign plan applications shall provide information as specified in subsections 21-4-3.11A and B of this chapter.
B. Additional Application Requirements: The application for a sign permit for the erection of a sign in which electrical wiring and connections are to be used shall include electrical plans and specifications to be submitted to the Zoning Administrator, who shall forward the plans and specifications regarding all wiring and connections to the Eloy building official. The Eloy building official shall examine the plans and specifications to determine compliance with the Electrical Code of the City as a condition of granting the sign permit.
C. Application Review And Decision: Upon receipt of a complete sign permit or Comprehensive Sign Plan package application, the Zoning Administrator shall review the proposed application and distribute the application to other reviewers as he or she deems necessary. Based on the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on compliance with the requirements of this chapter (see sign standards in section 21-4-3, "Signage", of this chapter).
D. Appeal: An appeal from any final decision of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)
A. Application Submittal: A complete application for a Master Sign Program (see section 21-4-3.11 of this chapter) shall be submitted to the Zoning Administrator as set forth in section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. All Master Sign Program applications shall provide information as specified in section 21-4-3 of this chapter.
B. Application Review And Report: Upon receipt of a complete Master Sign Program application, the Zoning Administrator shall review the proposed application and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.
C. Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in sections 21-6-2.4 and 21-6-2.6 of this article.
D. City Council Review And Action: The City Council shall review the application in a public meeting and approve, approve with modifications, or deny the application.
E. Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)
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