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Jurisdiction

The Board of Adjustment has the power to review and approve variances from zoning ordinance requirements and administrative decisions (Zoning Interpretations) which create unnecessary hardships in the development of property because of exceptional or extraordinary conditions. Unlike other boards or commissions, the Board of Adjustment makes the final decision on items that come before it; variances are not passed on to City Council for final approval.

  The Board of Adjustment is not authorized to:

• Make any changes in special circumstances self-imposed by the property owner.
• Adjust or change conditions placed by the City Council at the time of rezoning or use permit approval.

Zoning Ordinance Variances

A variance from the provisions of the Zoning Ordinance shall not be authorized unless the Board shall find sufficient evidence of the following (as required by state statute):

1. There are special circumstances or conditions applying to the land, building, or use referred to in the application which do not apply to other properties in the district; and
2. Such special circumstances were not created by the owner or applicant; and
3. The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
4. The authorizing of the application will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighborhood, or to the public welfare in general.

To request a zoning ordinance variance, complete the Preliminary Application. For more information, call 480-312-7000.

Appeals from Staff Decisions (Zoning Interpretations)

The Board will hear appeals from decisions made by staff responsible for interpreting and enforcing the Zoning Ordinance. These appeals shall be filed within thirty (30) days of such decisions on a form provided by the City. For more information on requesting Zoning Interpretations, contact the Current Planning office at 480-312-7000.