Variance Approval Standards and Hardship Criteria in Mesa
To obtain a variance in the City of Mesa, an applicant must prove that "special circumstances" exist—such as unique property size, shape, or topography—that were not created by the property owner. Approval is only granted if the City of Mesa determines that strict application of the zoning code would deprive the property of privileges enjoyed by other properties within the same zoning district and classification. The Mesa Zoning Ordinance strictly prohibits "use variances," meaning a variance cannot be used to permit a land use that is not otherwise allowed in the specific zoning district [Section 11-80-3, Section 11-80-4].
Required Findings for Variance Approval
The Board of Adjustment or the Zoning Administrator (acting as a Hearing Officer) in the City of Mesa cannot grant a variance unless they find sufficient evidence to make four specific determinations. These requirements collectively constitute the legal "hardship" necessary for relief from the standard regulations of the Mesa Zoning Ordinance.
| Finding Category | Legal Requirement for Approval |
|---|---|
| Special Circumstances | There must be special circumstances applicable to the property, including its size, shape, topography, location, or surroundings. |
| Pre-existing Condition | These special circumstances must be pre-existing and not created by the property owner or the appellant. |
| Deprivation of Privilege | Strict application of the Mesa Zoning Ordinance would deprive the property of privileges enjoyed by other property of the same classification in the same zoning district. |
| No Special Privilege | The granted variance must not constitute a grant of special privileges inconsistent with the limitations placed upon other properties in the vicinity and zone where the property is located. |
Variance Process and Authority
In the City of Mesa, the authority to hear and decide on variance applications is split between the Board of Adjustment and the Zoning Administrator [Section 11-66-3, Section 11-66-7].
The Board of Adjustment
The City of Mesa Board of Adjustment is the primary body authorized by A.R.S. § 9-462.06 to hear and decide on variance requests. They have the power to administer oaths and take evidence during public hearings [Section 11-66-3].
The Zoning Administrator
The Zoning Administrator acts as a Hearing Officer for the City of Mesa to conduct public hearings and decide on various matters, including authorizing variances from the terms of the Mesa Zoning Ordinance. If the Zoning Administrator identifies a particularly complex case, they may refer the matter directly to the Board of Adjustment [Section 11-66-7].
Limitations and Conditions
When the City of Mesa approves a variance, it is often subject to specific limitations to protect the surrounding neighborhood and ensure consistency with the Mesa General Plan.
- Use Variances Prohibited: A variance shall not be granted to permit a use not otherwise permitted in the applicable City of Mesa zoning district [Section 11-80-4].
- Conditions of Approval: The City may impose reasonable conditions to ensure the project remains compatible with existing uses in the surrounding area, protects public health and safety, and conforms to the General Plan [Section 11-80-5].
- Expiration: An approved variance in the City of Mesa is valid for one year. It will be declared expired and have no further force or effect if the permit is not exercised within that 12-month period [Section 11-67-9].
Appeals
Any person aggrieved by a decision made by the Board of Adjustment regarding a variance may file a complaint for special action in Superior Court to review the decision. This must be done within 30 days after the Board has rendered its decision [Section 11-77-4].
Sections Cited
- Section 11-66-3: Board of Adjustment
- Section 11-66-7: Zoning Administrator
- Section 11-67-9: Expirations and Extensions
- Section 11-77-4: Procedures (Appeals)
- Section 11-80-1: Purpose and Applicability (Variances)
- Section 11-80-3: Required Findings
- Section 11-80-4: Use Variances Prohibited
- Section 11-80-5: Conditions of Approval