A. Purpose: The board of adjustment may decide appeals of administrative interpretations and decisions as well as authorize a departure from the terms of the zoning regulations but not to the permitted uses.
B. Application: Before the town accepts any applications, the petitioner shall schedule a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements. Subsequent to the preapplication meeting, a request for variance shall be made by filing an application with the zoning administrator and paying the required application fee. The application shall be accompanied by a development plan showing such information as the zoning administrator may reasonably require for purposes of this title. The plans shall contain sufficient information for the board to make a proper decision on the matter. In all cases, the application shall address all of the following hardship criteria:
1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the district.
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in this district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.
C. Variance Requests: A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in Arizona Revised Statutes section 9-462.06 and in subsection B of this section.
Pursuant to state statutes, the board may not:
1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
D. Appeal Of Decision: In an appeal to the board regarding an administrative decision or interpretation, the board's review shall be limited to determining whether the decision or interpretation by the zoning administrator was in accordance with the intent and requirements of this title. Accordingly, the board may reverse or affirm, wholly or partly, or modify the order, requirement or decision of the zoning administrator.
E. Public Hearing: Notice of the hearing at which the variance or appeal will be heard, shall be provided in compliance with Arizona Revised Statutes section 9-462.06 and section 10-3-2 of this chapter.
F. Validity Limit: Rights and privileges established by the granting of a variance shall be exercised within twelve (12) months following the date of approval unless the board specifies a different time limit at the time the variance is granted. A variance that is not exercised within the time limits specified shall become null and void. (Ord. 03-2005, 9-6-2005)