What is a Variance?
Under Arizona Revised Statutes Section 11-807, County Boards of Adjustment have the authority to “allow a variance from the terms of the zoning ordinance when, owing to peculiar conditions, a strict interpretation would cause unnecessary hardship, if in granting such variance the general intent and purpose of the zoning ordinance will be preserved.” In other words, a variance can permit exceptions to zoning rules, such as setbacks, lot areas and widths, building heights, and so forth. Variances cannot be granted to change the zoning or allow non-permitted uses on a property. They are intended to relieve particular land owners from unique hardship due to a parcel’s size, shape, topography or location. Variances are appropriate only to bring applicants to a substantial parity with other owners in the zone and not to give an applicant a better position than that enjoyed by neighbors.
All public hearing application filing fees are non-refundable regardless of approval or denial and must be paid at the time of application submittal. Public Hearing Application Fees are based on the complexity of the proposed use, acreage involved, and changes in density.