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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.
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.
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)