ZoningVerdict

Variances and appeals in Surprise, AZ

What the Surprise zoning ordinance says about variances and appeals, district by district. Section numbers link to the official ordinance.

All districts

Variances are a Type 3 application (Sec. 102-6.5) heard at the discretion of the Board of Adjustment (Sec. 2-302); only dimensional relief from zoning development standards is available, never a variance to permitted uses, density, or a decrease in minimum lot area. The Board may grant a variance only if the applicant establishes both the hardship criteria in A.R.S. Sec. 9-462.06 and five local criteria: (1) special circumstances specific to the property (size, shape, topography, location, or surroundings) that would deprive it of privileges enjoyed by similarly classified properties in the same district; (2) the special circumstances are preexisting and not self-imposed; (3) the variance is necessary to preserve substantial property rights; (4) the variance will not be materially detrimental to nearby persons, property, the neighborhood, or public welfare; and (5) the variance does not constitute a grant of special privilege. Variance notification follows A.R.S. Sec. 9-462.06. A granted variance becomes void if a building permit application is not submitted within 6 months (or a shorter period set by the Board), and lapses if not exercised. Smaller administrative relief may separately be available through a Type 1 administrative waiver (Sec. 102-4.6); confirm which process applies to a specific request with Planning and Zoning (623-222-3000).

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