9.1. Statutory provisions.
9.1.1. Municipal board of adjustment.
The legislative body is required to establish by ordinance a board of adjustment, except that the ordinance may designate the legislative body as the board of adjustment. The legislative body may also delegate to a hearing officer the authority to hear and decide matters within the jurisdiction of the board of adjustment, as long as the hearing officer's decision may be appealed to the board. A.R.S. § 9-462.06(A). See also A.R.S. § 9-462.08 (relating to the appointment of a zoning hearing officer).
9.1.1.1. Appeals and variances.
A board of adjustment hears and decides appeals from decisions of the zoning administrator, hears requests for variances from the zoning ordinance, and exercises such other powers as may be granted by the zoning ordinance. A.R.S. § 9-462.06(C), (D), and (G). The zoning administrator is the municipal official charged with the responsibility of enforcing the zoning ordinance. A.R.S. § 9-462.05(C). In some cities, the zoning administrator serves as the hearing officer who conducts the initial hearings on zoning adjustment matters. See, e.g., § 307, City of Phoenix Zoning Ordinance.
A.R.S. § 9-462.06(G)(2) (a variance from the zoning ordinance may be granted only if, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of the zoning ordinance would deprive such property of privileges enjoyed by other property in the same classification in the same zoning district; any variance granted is subject to the imposition of conditions to assure that the adjustment authorized will not grant special privileges that are inconsistent with limitations imposed on other properties in the vicinity)
A.R.S. § 9-462.06(H) (a board of adjustment may not grant a use variance or grant a variance if the special circumstances applicable to the property are self-imposed by the property owner)
Pawn 1st, LLC, v. City of Phoenix, 242 Ariz. 547, 399 P.3d 94 (2017) (Arizona law authorizes cities and towns to establish boards of adjustment by ordinance; boards decide appeals from zoning administrators' decisions concerning zoning ordinance enforcement and boards determine whether "special circumstances" exist to relieve owners of property with unique characteristics from strict application of zoning laws; a board of adjustment may not (1) change the uses permitted in a zoning district or (2) grant a...
