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Pima County Overview
Pima County, AZ Code of Ordinances
PIMA COUNTY, ARIZONA CODE
Publisher's Introduction
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 INDIGENT HEALTH CARE
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 ENVIRONMENTAL QUALITY
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 TRAFFIC AND HIGHWAYS
Title 11 PIMA COUNTY PROCUREMENT CODE
Title 12 (RESERVED)
Title 13 PUBLIC SERVICES
Title 14 RENEWABLE ENERGY INCENTIVE DISTRICT (REID)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 FLOODPLAIN MANAGEMENT
Title 17 AIR QUALITY CONTROL
Title 18 ZONING
Chapter 18.01 GENERAL PROVISIONS
Chapter 18.03 GENERAL DEFINITIONS
Chapter 18.05 ZONES, MAPS AND BOUNDARIES
Chapter 18.07 GENERAL REGULATIONS AND EXCEPTIONS
Chapter 18.09 GENERAL RESIDENTIAL AND RURAL ZONING PROVISIONS
Chapter 18.11 TH TRAILER HOMESITE ZONE
Chapter 18.12 IR INSTITUTIONAL RESERVE ZONE
Chapter 18.13 RH RURAL HOMESTEAD ZONE [1]
Chapter 18.14 GR-1 RURAL RESIDENTIAL ZONE
Chapter 18.15 ML MOUNT LEMMON ZONE
Chapter 18.17 SR SUBURBAN RANCH ZONE*
Chapter 18.18 SR-2 SUBURBAN RANCH ESTATE ZONE
Chapter 18.19 SH SUBURBAN HOMESTEAD ZONE
Chapter 18.21 CR-1 SINGLE RESIDENCE ZONE
Chapter 18.23 CR-2 SINGLE RESIDENCE ZONE
Chapter 18.25 CR-3 SINGLE RESIDENCE ZONE
Chapter 18.27 CR-4 MIXED-DWELLING TYPE ZONE
Chapter 18.29 CR-5 MULTIPLE RESIDENCE ZONE
Chapter 18.31 TR TRANSITIONAL ZONE
Chapter 18.33 CMH-1 COUNTY MANUFACTURED AND MOBILE HOME - 1 ZONE
Chapter 18.35 CMH-2 COUNTY MANUFACTURED AND MOBILE HOME - 2 ZONE
Chapter 18.37 MU MULTIPLE USE ZONE
Chapter 18.39 GENERAL COMMERCIAL STANDARDS
Chapter 18.40 MR MAJOR RESORT ZONE
Chapter 18.41 RVC RURAL VILLAGE CENTER ZONE
Chapter 18.43 CB-1 LOCAL BUSINESS ZONE
Chapter 18.45 CB-2 GENERAL BUSINESS ZONE
Chapter 18.47 INDUSTRIAL ZONING CLASSIFICATIONS
Chapter 18.49 CPI CAMPUS PARK INDUSTRIAL ZONE
Chapter 18.51 CI-1 LIGHT INDUSTRIAL/WAREHOUSING ZONE
Chapter 18.53 CI-2 GENERAL INDUSTRIAL ZONE
Chapter 18.55 CI-3 HEAVY INDUSTRIAL ZONE*
Chapter 18.57 AIRPORT ENVIRONS AND FACILITIES*
Chapter 18.58 HELIPORTS AND HELISTOPS
Chapter 18.59 GC GOLF COURSE ZONE
Chapter 18.61 HILLSIDE DEVELOPMENT OVERLAY ZONE*
Chapter 18.63 HISTORIC ZONE
Chapter 18.65 (RESERVED)
Chapter 18.67 BUFFER OVERLAY ZONE
Chapter 18.68 INFILL OVERLAY ZONE
Chapter 18.69 SUBDIVISION STANDARDS
Chapter 18.70 MINOR LANDS DIVISION
Chapter 18.71 DEVELOPMENT PLAN STANDARDS*
Chapter 18.72 NATIVE PLANT PRESERVATION
Chapter 18.73 LANDSCAPING, BUFFERING AND SCREENING STANDARDS*
Chapter 18.75 OFF-STREET PARKING AND LOADING STANDARDS
Chapter 18.77 ROADWAY FRONTAGE STANDARDS
Chapter 18.78 GATEWAY OVERLAY ZONE
Chapter 18.79 SIGN STANDARDS*
Chapter 18.81 GRADING STANDARDS
Chapter 18.83 ADDRESS STANDARDS
Chapter 18.85 (RESERVED)
Chapter 18.87 (RESERVED)
Chapter 18.89 COMPREHENSIVE PLAN [2]
Chapter 18.90 SPECIFIC PLANS
Chapter 18.91 REZONING PROCEDURES
Chapter 18.92 TRANSFER OF DEVELOPMENT RIGHTS
Chapter 18.93 BOARD OF ADJUSTMENT VARIANCES, TEMPORARY USE PERMITS AND INTERPRETATIONS*
Chapter 18.95 COMPLIANCE AND ENFORCEMENT*
Chapter 18.97 CONDITIONAL USE PROCEDURES
Chapter 18.99 REVIEW COMMITTEES
Chapter 18.101 ADMINISTRATORS
Title 19 ROADWAY DEVELOPMENT FEE
Title 20 THE SMALL BUSINESS ENTERPRISE PARTICIPATION PROGRAM
Title 21 PUBLIC LANDS AND FACILITIES
STATUTORY REFERENCES FOR ARIZONA COUNTIES
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 18.93
BOARD OF ADJUSTMENT VARIANCES, TEMPORARY USE PERMITS AND INTERPRETATIONS*
18.93.010   Purpose.
18.93.020   Establishment and jurisdiction of the board of adjustment.
18.93.030   Variances.
18.93.040   Temporary use permits.
18.93.050   Time limit for variances and temporary use permits.
18.93.060   Interpretations.
18.93.070   Appeal to superior court.
18.93.010   Purpose.
   This chapter establishes board of adjustment procedures for variances, temporary use permits and interpretations.
(Ord. 1985-188 § 1 (part), 1985)
18.93.020   Establishment and jurisdiction of the board of adjustment.
   A.   Establishment: There are established five boards of adjustments to hear and decide appeals for variances and interpretations of the code and to issue temporary use permits in accordance with A.R.S. Section 11-807 and Section 18.101.050 of this code (Administrators).
   B.   Jurisdiction:
      1.   Each board has jurisdiction over the unincorporated area of the supervisorial district in which established;
      2.   The applicable board shall act as the airport zoning board of adjustment in accordance with A.R.S. Section 2-328.
(Ord. 1985-188 § 1 (part), 1985)
18.93.030   Variances.
   A.   Power.
      1.   The boards of adjustment may allow variances from a provision of this code.
      2.   A variance from the requirements of the Davis-Monthan Air Force Base Airport Land Use Overlay Zone 3, contained in Section 18.57.010(B)(3) through (B)(5), or 18.57.031, may not be granted unless the board of adjustment makes a specific finding that the purpose of military airport compatibility is preserved.
   B.   Standards. The board shall consider the following guidelines when approving or denying a variance request:
      1.   The strict application of the provision would work an unnecessary hardship;
      2.   The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone;
      3.   The unnecessary hardship does not arise from a condition created by an action of the owner of the property;
      4.   The variance is the minimum necessary to afford relief;
      5.   The variance does not allow a use which is not permitted in the zone by the code;
      6.   The variance is not granted solely to increase economic return from the property;
      7.   The variance will not cause injury to or adversely affect the rights of surrounding property owners and residents;
      8.   The variance is in harmony with the general intent and purposes of the code and the provision from which the variance is requested;
      9.   The variance does not violate state law or other provisions of Pima County ordinances;
      10.   The hardship must relate to some characteristic of the land for which the variance is requested, and must not be solely based on the needs of the owner;
      11.   If the variance is from a sign or advertising structure area limitation, no reasonable use of the property can be made unless the variance is granted;
      12.   If the variance is from a height limitation, no reasonable use of the property can be made unless the variance is granted; and
      13.   If a variance is requested from any provision of Section 18.57.010(B)(3) through (B)(5), or 18.57.031, in addition to the standard guidelines that the board of adjustment considers when approving or denying a variance, the application shall be analyzed for:
         a.   Land use compatibility with Davis-Monthan Air Force Base operations;
         b.   Proximity to the end of the runway;
         c.   Location in relationship to major flight paths;
         d.   Compliance with the intent of applicable Pima County Comprehensive Plan Davis-Monthan Air Force Base Special Area Policies; and
         e.   Compliance with Arizona Revised Statutes.
   C.   Application.
      1.   Scope. A variance may be requested by the owner of the property by submitting an application on a form prepared by the planning and development services department.
      2.   The application shall include information to facilitate the board's understanding of the variance request as follows:
         a.   A legal description of the property;
         b.   A list of all ownership interests in the property, by name and title (e.g., individual, corporation, trust or limited partnership), in accordance with A.R.S. Section 33-506;
         c.   A letter of authorization for any agent of the property owner;
         d.   Hearing fees, in accordance with the adopted fees schedule;
         e.   A sketch plan, in accordance with Section 18.91.030E (Rezoning Procedures);
         f.   A floor plan detail, when the request pertains to interior access or use; and
         g.   A statement from the property owner of the present ability and intent to apply for all necessary county permits for construction or use of the property within nine months after granting of the variance.
      3.   The department may require additional information.
      4.   Incomplete applications shall not be processed.
      5.   Hearing notification maps shall be prepared only by the department.
   D.   Staff Review. The executive secretary shall:
      1.   Schedule a public hearing within forty-five work days of completed application;
      2.   Prepare a written staff report prior to the hearing which contains at a minimum:
         a.   Analysis of the impact of the variance on the property and surrounding properties;
         b.   Any comments and proposed conditions of any county departments and other public agencies;
         c.   A recommendation for decision.
   E.   Public Notice.
      1.   No less than fifteen days prior to a public hearing, notice shall be given by:
         a.   Publication once in a newspaper of general circulation in the area involved;
         b.   Posting of the subject property;
         c.   Mailing notice to all owners of property within 300 feet of the subject property except that notice shall be expanded to include owners of property within 1000 feet if the existing zoning of the subject property is: IR, RH, GR-1, ML, SR, SR-2, SH, CR-1, MR, CPI, or CI-3.
         d.   Davis-Monthan Air Force Base will be notified of applications within the boundaries of Airport Height Overlay Zone 3 or Airport Land Use Overlay Zone 3; Tucson Airport Authority will be notified of applications within the boundaries of Airport Height Overlay Zone 1 or 2 or Airport Land Use Overlay Zone 1 or 2; and Pinal Airpark will be notified of applications within the boundaries of Airport Height Overlay Zone 4 or Airport Land Use Overlay Zone 4.
      2.   Unintentional failure to give notice shall not invalidate an action of the board.
   F.   Hearing.
      1.   The board shall consider the variance at a public hearing, at which all interested persons may be heard.
      2.   The appellant shall present information adequate to show:
         a.   The variance meets the standards of subsection B of this section; and
         b.   Conditions proposed by the appellant are adequate to protect surrounding properties from any increased visual impact, noise, light, odor or other adverse effects.
      3.   The board may require that additional information be provided by the appellant.
      4.   The board may continue the public hearing to a definite time, not to exceed three months.
   G.   Conditions. The board may impose conditions on a variance that will:
      1.   Secure the intent and purposes of this code and the provision from which the variance is granted and any other county ordinance; and
      2.   Provide adequately for the protection of the public interest and the rights of surrounding property owners and residents.
   H.   Transmittal of Action. The department shall transmit a written copy of the variance to the appellant, zoning inspector, planning and zoning commission and board of supervisors.
   I.   Revocation. When any condition of a variance is violated, the variance and all county permits issued pursuant to the variance shall be null and void.
(Ord. 2019-10 (part), 2019; Ord. 2008-118 § 5, 2008; Ord. 1991-31 § 1, 1991; Ord. 1985-188 § 1 (part), 1985)
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