Section 17-2-1 Establishment and Purpose
The Town Council shall act as the Board of Adjustment for the Town. Upon application, the Board of Adjustment shall have the powers and duties as prescribed by A.R.S. § 9-462.06 and ordinances including those more specifically set forth as follows:
A. To hear and decide appeals in which it is alleged, by the applicant, there is an error in an order, requirement or decision made by an administrative official based on the enforcement of the Zoning Code or Chapter 7, Building.
B. To interpret the boundaries of the zoning districts as depicted on the zoning map.
C. To hear and decide on requests for variances from the strict application of the Zoning Code as adopted by the Town of Clarkdale where, by reason of exceptional narrowness, shallowness, shape, or topography, or a property’s location and surroundings, the strict application of said standards will deprive the subject property of privileges lawfully permitted other properties in the same zone district or immediate vicinity. Decisions shall be based upon a review of the application in conformance with the following criteria:
1. Special Circumstances. There are special circumstances attributable to the property which are not applicable to other properties in the area or within the same zone district. The special circumstances must be related to the physical characteristics of the property including its shape, size, topography, location or surroundings and may not be related to the personal circumstances of the property owner or applicant.
2. Undue Hardship. If special circumstances attributable to the property exist, they must be of such a nature that the strict application of the development standards will result in an undue hardship. An undue hardship exists when the strict application of the Zoning Code is so unreasonable that it renders the property unusable without the granting of a variance. Hardship relates to the physical characteristics of the property, not the personal circumstances of the property owner or applicant.
3. Public Health, Safety and Welfare. A variance may be granted only if it can be done without substantial detriment to public health, safety or welfare and without substantial departure from the intent of the standard from which relief is requested.
4. Adequate Financial Return. The applicant’s need for an adequate financial return on investment shall not be considered justification for the granting of a variance.
5. Self-Imposed Special Circumstances. A variance shall not be granted when the special circumstances, from which relief is requested, have been self-imposed by a current or former property owner or applicant.
6. Use Variance. A use variance may not be granted. (A use variance is one which would allow, as an example, a retail commercial establishment in a single-family residential zone district.)
D. To permit the extension of a nonconforming use throughout an existing structure or parcel subject to such conditions as the Board of Adjustment shall deem just and proper. Any extension of a nonconforming use shall comply with all bulk standards of the Zoning Ordinance and all development standards of other codes adopted by the Town of Clarkdale. [Ordinance #392 § 1, 2019; prior code § 17-2-1.]