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A. Scope

The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S. Section 9-462.06.

B. Powers and Duties

1. Interpretation

The Board of Adjustment shall interpret this Code on appeal when:

a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town Official as to a decision or interpretation as set forth in subsection F of this section; or

b. The location of a zoning district is in doubt.

2. Variances

The Board of Adjustment may allow variances from the provisions of this Code in accordance with subsection J of this section, Findings.

C. Meetings, Administration of Oaths, and Compelling Attendance of Witnesses

All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or, in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona.

D. Composition

1. Appointment

The Board of Adjustment shall be composed of five (5) members appointed by the Town Council.

2. Terms

Appointments are for staggered terms of two (2) years each with no limit on the number of terms.

3. Vacancies

Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council.

4. Removal

The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office.

E. Transaction of Business

1. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council.

2. The Town Clerk, or an appointed representative from the Town Clerk’s office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all Board proceedings will be kept and filed as public record in the files of the Town Clerk.

F. Appeals from Administrative Decisions

Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of an administrative official, within thirty (30) days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk.

1. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.

2. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance.

G. Appeals from Planning and Zoning Administrator Interpretations

Appeals may be taken to the Board of Adjustment by persons aggrieved by a Planning and Zoning Administrator interpretation within twenty (20) days from the date the interpretation is published on the Town’s website. The appeal shall be filed with the Town Clerk and the Board of Adjustment shall issue a decision within thirty (30) days following receipt of the appeal.

((O)11-13 , 2011.)

H. Application for Variances

1. Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment.

((O)11-13 , 2011.)

I. Hearing and Notice

Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than thirty (30) days, nor less than fifteen (15) days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property, giving at least fifteen (15) days’ notice of said hearing, and the time and place where said hearing will be held. Said notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within three hundred (300) feet must be notified.

((O)11-13 , 2011.)

J. Findings

A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence:

1. That there are special circumstances or conditions applying to the property strictly related to its size, shape, topography, location or surroundings which do not apply to other properties in the district. Existing building configuration shall be included only when constrained by the special circumstances or conditions of the property; and

2. That the special circumstances or conditions as defined in subsection J.1 of this section were not created by a previous or current owner; and

3. That the authorizing of the variance is necessary for the preservation of privileges and rights enjoyed by other properties of the same classification in the same zoning district; and

4. That any variance granted is subject to such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

5. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

((O)20-08 § 1 (Exh. A), 2020; (O)11-13 , 2011.)

K. Action

The Board shall prescribe, in connection with any variance, such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. 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 ordinance and such violation shall render the variance null and void.

((O)11-13 , 2011.)

L. Review

1. Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer may petition for a writ of certiorari to review the Board’s decision pursuant to A.R.S. Section 9-465 (1956) as amended.