(A) Application for a variance of zoning regulations shall be filed upon a form provided and shall be accompanied by plans and description sufficient to indicate the nature of the variance involved.
(B) A variance from the provisions of this chapter shall not be authorized unless the Town Council shall find upon sufficient evidence:
(1) There are special circumstances or conditions applying to the property, including its size, shape, topography, location, or surroundings, the strict application of this chapter will deprive such property of privileges enjoyed by other properties in the same district;
(2) Such special circumstances were not created by the owner or applicant; and
(3) The authorizing of the application will not be materially detrimental to persons residing or working in the vicinity nor constitute the granting of special privileges inconsistent with the limitations of adjacent property, the neighborhood, or the public welfare in general.
(C) The Council shall prescribe such conditions as the Council may deem necessary in order to fully carry out the provisions and intent of this chapter. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this chapter and such violation shall render the variance null and void.
(D) From the time of filing the application until the time of such hearing, the application and all maps, plans, and other accompanying data shall be available for public inspection during office hours at the office of the Town Manager.
(E) Upon receipt in proper form of any such application, the Council shall proceed to hold a public hearing upon said application not more than 30 days nor less than 15 days after such filing, at which time all persons shall be given an opportunity to be heard.
(F) Any person aggrieved by a decision of the Council, after hearing an application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Council’s decision pursuant to A.R.S. §§ 9-462 et seq., as amended.
(Zoning Code, Art. I Part III)