Fill - Free fillable Department VARIANCE SUBMITTAL FORMS INDEX APPLICATION INSTRUCTIONS APPLICATION (Maricopa County Telecommunications) PDF form

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Index Internet: www.maricopa.gov/planning 10/30/19

SUBMITTAL FORMS INDEX

APPLICATION INSTRUCTIONS

APPLICATION

VARIANCE PROCESS & TIMEFRAME

VARIANCE SUPPLEMENTAL QUESTIONNAIRE

INTERPRETATION SUPPLEMENTAL QUESTIONNAIRE

BOARD OF ADJUSTMENT HEARING DATES

TYPICAL RESIDENTIAL SITE PLAN

WHAT TO EXPECT AT THE ONE STOP SHOP

*Note: As of December 31, 2012, all Variance and Interpretation applications are subject to ARS §11-1605.

- As of September 13, 2013 all Residential uses are excluded per ARS §11-1605 M.2

Planning & Development

Department

VARIANCE

Can also be used for Interpretations

Planning & Development Department

VARIANCE & INTERPRETATION

APPLICATION INSTRUCTIONS

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

A PRE-APPLICATION MEETING IS RECOMMENDED PRIOR TO SUBMITTING THE APPLICATION.

PRE-APPLICATION MEETING PACKET CAN BE DOWNLOAD FROM

http://www.maricopa.gov/2206/Pre-Application-Meeting

DOCUMENTATION REQUIRED FOR SUBMITTAL

1. COMPLETED APPLICATION – TWO (2) COPIES:

a) The application must be TYPED or PRINTED LEGIBLY IN BLACK INK.

b) The application must be signed by the owner of the subject property.

2. SUPPLEMENTAL QUESTIONNAIRE – TWO (2) COPIES:

a) Additional information may be attached to the supplemental questionnaire as

needed.

3. MOST CURRENT DEED (unofficial copy is acceptable) – ONE (1) COPY

If the application is for a Variance for substandard lot area or width, a copy of the first

recorded instrument creating the parcel, must be submitted as well.

Copies of patent or recorded easements on the property must also be submitted, if

applicable. Patent Easement information can be obtained through the Bureau of Land

Management (BLM) (602) 417-9200.

4. SITE PLAN – TWO (2) COPIES (folded if 24” x 36”, no plans drawn on a sheet size larger

than 24” X 36” will be accepted) of the property, indicating the following (this may not

be applicable for Interpretation):

a) The site plan must be drawn to a recognizable scale, i.e. 1” = 20’.

b) North arrow and scale (written and graphic scale) shown on plan.

c) All property lines must be clearly shown and dimensions indicated.

d) Location and dimensions of all existing and proposed structures (including

fences, signs and pools) from property lines and distance between structures.

e) Location and width of dedicated streets, recorded easements, (provide

recording number) and patent easements on or adjacent to property (include

names of streets if applicable).

f) All existing and proposed structures must be shown and dimensioned on the

site/plot plan, even if the structure is not a part of the variance requested.

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

g) If the Variance application is related the Maricopa County Zoning Ordinance

(MCZO) Hillside Regulations in Chapter 12, SEE ITEM #9 FOR ADDITIONAL

INSTRUCTIONS.

5. FLOOR PLAN AND ELEVATIONS – TWO (2) COPIES (folded if 24”x36”Show ALL existing or

proposed buildings or additions pertinent to the request (this may not be applicable for

Interpretations).

a) Include elevations of any other structures pertinent to the Variance (e.g., signs,

fences, etc.). If the Variance is for lot coverage, a roof plan with exterior

dimensions is also required.

6. SITE PLAN – REDUCED COPY (8½”x11”) of any site plan, floor plan and/or elevation is

REQUIRED if plans are submitted on a sheet of any other size. No plans drawn on a sheet

size larger than 24”x36” will be accepted (this may not be applicable for Interpretation).

7. ELECTRONIC COPY OF APPLICATION MATERIALS – 1 CD or jump drive. Example a

Narrative Report should be saved as NARR-RPTS-1.pdf

Electronic Copies of Application Materials

Required Naming Convention for

the Adobe PDF documents.

_____ A.

Completed Application from

APPL-FORM-1

_____ B.

Completed Supplemental Questionnaire

QUES-DETL-1

_____ C.

Official recorded deed or unofficial deed

DEED-DETL-1

_____ D.

Site Plan

SITE-PLAN-1

_____ E.

Floor Plan

FLOR-PLAN-1

_____ F.

Photographs of Property

PHOT-DETL-1

8. PICTURES OF THE PROPERTY (this may not be applicable for Interpretation) including:

a) Neighboring properties looking out from all sides of the property.

b) The subject property looking in from all sides of the property.

c) Provide any additional pictures that may assist the Board of Adjustment in making

their decisions.

Pictures should be formatted as follows:

 Digital photographs are preferred and may be submitted in disk or printed

format.

 Conventional photographs are to be mounted on 8½"x11" sheets.

 Each photograph shall be labeled indicating which direction the picture faces

and from what location the picture was taken.

 A site-plan or key map may also be used in conjunction with the pictures; please

include the proper notations.

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

9. HILLSIDE REGULATIONS:

If the Variance application is related the MCZO Hillside Regulations in Chapter 12, the

following information is required with submittal of the variance application:

a) Site Plan must be signed/sealed by an Arizona Registered Civil Engineer or

Registered Land Surveyor with topographic plans/exhibits.

 Contour interval not exceeding five foot intervals. Graphically depict all

portions of properties having a natural slope of 15% or greater.

 Scale shall not be less than 1” = 20’-0”.

 Graphically depict all disturbed areas and proposed method of final

treatment (restoration).

Hillside

 Show location of all proposed utility lines and septic tank or sewage

disposal areas.

 Legal description and property dimensions.

 Hillside calculation table with existing, previous and proposed

disturbance and percentages. Identify area of hillside disturbance

outside of the building envelope.

 Identification of all structures/buildings existing or proposed dimensioned

from all property lines.

Restoration Area

Previous Hillside Disturbance

Proposed Hillside Disturbance

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

a. Provide elevation details of proposed buildings, structures, retaining walls on lots

with 15% or greater shall not exceed 30 feet from natural grade through any

building cross section measured vertically from any point. Show all structures at

25’ intervals perpendicular to slope, give the maximum building and structure

height in each cross section.

b. Provide fencing and retaining walls elevation details showing dimensions from

lowest finished grade to the top of the wall.

c. Provide Slope Stabilization and Restoration Plan – Identify on the plan slope

stabilization and restoration. Identify the type of vegetation to be reestablished

on all exposed fill slopes, cut slopes, graded areas, or other areas disturbed.

Reference the type of restoration (example: mixture of indigenous grasses,

shrubs, trees or cacti.)

 In lieu of indigenous vegetation, all cut slopes shall be riprapped with

stone or chemically stain treated materials.

See MCZO Hillside Regulations - 1201.6.2

Hillside Table

Sq. Ft.

Percentage of Gross

Area of the lot

Gross area of lot (sq. ft.)

Area of hillside (sq. ft.)

% hillside / Gross area of

lot

Previous hillside disturbance

(sq. ft.)

% previous hillside

disturbance / gross

area of lot

Proposed hillside disturbance

(sq. ft.)

% proposed hillside

disturbance /gross area

of lot

Total hillside disturbance

(sq. ft.)

% of Previous + % of

Proposed / gross area

of lot

Total Hillside disturbance

(sq. ft.) outside building

envelope

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

10. FEES:

Residential Variance fees are $250.00 for the first Variance request and $50.00 for each

additional Variance request.

Non-residential Variance fees are $750.00 for the first Variance request and $100.00 for

each additional Variance request.

$300.00 per Interpretation

All applications are subject to a Drainage Plan Review fee of $100.00 and an

Environmental Services Department fee of $25.00 in addition to the base Variance

fee(s).

All applications are subject to an Addressing fee which will consist of either $10.00 to

confirm an existing address or $50.00 to issue a new address.

Variance fees are doubled if the variance is the result of a code violation case.

All fees are separate, but can be combined with the planning fee. All fees are non-

refundable.

All fees must be paid in full by the owner or owner’s authorized agent at time of

application.

All outstanding fees and fines against a property owed to the department shall be

current and paid in full before any application will be scheduled for hearing.

Note: If an applicant has not made a resubmittal of application materials in either

administrative or substantive review periods after three (3) months, the application will

be closed due to inactivity.

BOARD OF ADJUSTMENT PROCESS

1. After it has been determined that the initial submittal is complete, the filing fee per

Zoning Ordinance requirement is to be paid by the owner or owner’s authorized gent

(checks should be made payable to “Maricopa County Planning and Development”).

A receipt will then be issued and a case number assigned.

2. As of September 13, 2013, the Variance and Interpretation process shall be subject ARS

§ 1605, a State statute that mandates establishment of timeframes to either approve or

deny a “license” as defined by the statute. The full statute may be viewed at:

http://www.azleg.gov/arstitle/

The statute sets up two types of review timeframes: Administrative and Substantive. The

Board of Supervisors (BOS) through the P-30 Licensing Timeframes Ordinance has

adopted a 25 day administrative timeframe and a 75 substantive timeframe for

Variances and Interpretations. Notwithstanding these maximum legislative timeframes,

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

the Department has established a maximum 75 day timeframe for scheduling a Board

of Adjustment case for a hearing from time of application. An application related to a

residential use is not subject to the statute. An application that is part of design build

project may establish negotiated time process during the pre-application meeting.

Administrative Review Period

The statutes allow for multiple reviews during the administrative review period.

Substantive Review Period

Only one review is allowed for the substantive review period. The County can amend

the substantive review comments to address legal requirements not identified on the

original substantive review comments.

The applicant can authorizes a 50% time increase. This authorization can be given at

time of application or at any time during the process.

After receipt of an application, the administrative review period begins and Planning

will review for administrative completeness. The applicant will receive a formal response

from their assigned planner for all reviewing agencies and may be required to submit

additional information. Once administrative comments have been given to the

applicant, the timeframe clock will stop and will resume upon resubmittal of the

application materials. Once the application is deemed administratively complete, the

planner will formally notify the applicant that the project has entered the substantive

review period and technical comments will be given to the applicant within a

reasonable timeframe. The substantive timeframe clock stops from receipt of comments

until the applicant makes a formal resubmittal.

At any time during the process, an applicant can check the status of their application

by viewing the Citizens Access Portal on the Planning and Developments website:

https://accela.maricopa.gov/citizenaccessmcoss/

The applicant’s assigned planner can also be utilized as a resource for checking

application status. If at any time comments are given to the applicant, a notation will

be made as to the administrative or substantive timeframe frame remaining which will

not resume until a resubmittal is made. Note: It is very important to return the planner’s

comment memo upon resubmittal so that the appropriate statutory timeframe can

resume.

3. Depending on the comments received, the application materials may need revisions.

The owner or authorized agent must submit revised materials to the OSS. The applicant’s

resubmittal must meet the County’s technical requirement or it will be denied.

Additionally, an administrative decision of denial can be made if the Director finds that

it is not possible to grant the application within the timeframe or the applicant has not

provided additional or supplemental information within 90 days (not working days) of a

written or electronic request for said information.

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Instructions Internet: www.maricopa.gov/planning 10/30/19

4. Once staff is satisfied that technical requirements have been met, staff will schedule the

request for hearing at the first available Board of Adjustment meeting. At this time, the

substantive timeframe clock will stop. The Owner or owner’s authorized agent will be

given the staff’s written recommendation to the Board approximately 5 days prior to

the hearing. The Board of Adjustment meets at 10:00 a.m. in the Board of Supervisors’

Auditorium at 205 West Jefferson Avenue, unless otherwise noted.

5. It is the owner’s or owner’s authorized agent’s responsibility to provide supporting

information and/or evidence to the Board of Adjustment explaining why a request

should be granted. This information/evidence should be submitted as a part of the

application. Additional information may also be presented at the Board’s hearing on

the matter.

6. Unless continued, a letter indicating the Board’s action on the request will be sent to all

applicants within one week after the Board’s hearing on the matter.

INTERPRETATIONS

Any person who feels that there is an error or doubt in the interpretation of the Ordinance, or

that due to unusual circumstances attaching to the person’s property an unnecessary

hardship is being subjected on the person. The application shall state whether it is a plea for

an interpretation or a Variance and the grounds for the interpretation or Variance.

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Variance Application Internet: www.maricopa.gov/planning 7/31/2018

Planning & Development

Department

VARIANCE / INTERPRETATION

APPLICATION

ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE

Is this Design Build? Yes No Is this Residential? Yes No

Please select the type of Board of Adjustment application from the checkboxes below.

Residential Variance Non-residential Variance Interpretation BA Blanket Variance

Is this subject property within an area of 15% or greater hillside slopes? Yes No

REQUEST

Description of Request:

Existing Use of Property:

Existing Zoning District:

Related Case Number(s):

PROPERTY INFORMATION

Address (if known):

General Location (include nearest city/town):

Size in Acres:

Square Feet:

Legal Description:

Section:

Township:

Range:

Assessor’s Parcel Number:

Subdivision Name (if applicable):

APPLICANT INFORMATION

Name:

Contact:

Address:

City:

State:

Zip:

Phone #:

Fax #:

E-mail Address:

PROPERTY OWNER INFORMATION

Name:

Contact:

Address:

City:

State:

Zip:

Phone #:

Fax #:

E-mail Address:

PROPERTY OWNER AND APPLICANT AUTHORIZATION

I (property owner)

authorize (applicant’s name)

to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby

agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County

Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any

approval of this request, including conditions, development agreements, and/or any other requirement that may encumber or

otherwise affect the use of my property.

PROPOSITION 207 WAIVER

The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing

rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further

acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore, with

full knowledge of all rights granted to the property owner pursuant to A.R.S.§1§12-1132 through 1138, the property owner does

hereby waive any and all claims for diminution in value of the property with regard to any action taken by Maricopa County as

result of the filing of this application.

Property Owner Signature:

Date:

INSPECTIONS

By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary.

VERIFICATION OF APPLICATION INFORMATION

I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa

County in reliance upon the truthfulness of these statements may be revoked or rescinded.

Owner or Authorized Agent Signature: Date:

ARS § 1605 TIMEFRAME EXTENSION

I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605

and as amended.

Property Owner Signature: Date:

501 North 44

St, Suite 200  Phoenix AZ 85008  (602) 506-3301  (602) 506-3711 fax

Variance Process Internet: www.maricopa.gov/planning 10/30/19

* Approximate timeframe to Board of Adjustment hearing is 2 months

* 30 days

Planning & Development

Department

VARIANCE PROCESS & TIMEFRAME

PROCESS FLOW CHART & PROJECTED TIMEFRAME

Submittal of application at front counter (One Stop Shop)

Posting of site – 10 day public notice required

Assigned to planner & routed to reviewing agencies and

stakeholders

(Approximately 1 week of application submittal date)

Board of Adjustment

hearing

Review comments

(approximately 2 weeks

following resubmittal)

Sign-off (approximately 2

weeks)

Application resubmittal

(within 2 weeks)

501 North 44

St, Suite 200  Phoenix AZ 85008  (602) 506-1472

Variance Supplemental Questionnaire Internet: www.maricopa.gov/planning 10/30/19

ARS §11-816 B.2

The Board of Adjustment may allow a variance from the terms of the ordinance

when, owing to peculiar conditions, a strict interpretation would work an

unnecessary hardship, if in granting such variance the general intent and purposes

of the zoning ordinance will be preserved.

1. Please discuss and explain what is/are the peculiar condition(s) facing the property and

include reference to the Maricopa County Zoning Ordinance Regulation(s) or

Development Standard(s) to be varied. Explain the proposed use of the property with the

variance request. Identify and explain all peculiar conditions on your property in regard to

the following areas: slope, narrowness, shallowness, irregular shape, location, washes,

vegetation, and easements, etc. Explain how enforcement of the Zoning Regulation(s) or

Development Standard(s) would impose a hardship on the property.

2. Please explain the unnecessary hardship the peculiar condition(s) on the site create with

respect to existing Regulation(s) and Standard(s) of the Maricopa County Zoning

Ordinance. Please discuss and explain that the unnecessary hardship facing the property

is not self-created in the line of title.

3. Please discuss and explain how the granting of the requested variance would not cause

a negative impact on the general intent and purpose of the Zoning Ordinance.

Planning & Development

Department

BOARD OF ADJUSTMENT

VARIANCE SUPPLEMENTAL QUESTIONNAIRE

501 North 44

St, Suite 200  Phoenix AZ 85008  (602) 506-1472

Variance Supplemental Questionnaire Internet: www.maricopa.gov/planning 10/30/19

4. Provide evidence of the ability and intention to proceed with construction work within 120

days (4 months) after Board of Adjustment decision. Discuss if there are building permit(s)

or as-built permit(s) currently filed with Planning and Development Department and the

current review status. Specify the permit number(s). If no permit(s) have been filed, please

provide a timeline for building permit(s) submittal and projected timeframe for

construction. Conversely, indicate if the variance request(s) is/are not related to a specific

development proposal.

*Additional sheets may be attached.

** DO NOT USE THIS FORM IF YOU ARE SUBMITTING AN INTERPRETATION

501 North 44

St, Suite 200  Phoenix AZ 85008  (602) 506-3301  (602) 506-3711 fax

Appeal – Supplemental Questionnaire Internet: www.maricopa.gov/planning 10/30/19

Section 303.2.1. Interpret upon appeal the terms of this Ordinance when the meaning of any word,

phrase, or regulation is in doubt, when there is dispute between the appellant and the Zoning

Inspector or when the location of a zoning district boundary is in doubt.

1. Explain in detail your r request for interpretation.

2. Provide justification for your request for interpretation.

3. Identify the applicable Ordinance sections under which you feel that your interpretation would be

justified.

4. Attach any additional comments regarding your request that you would like to provide.

DO NOT USE THIS FORM IF YOU ARE SUBMITTING A VARIANCE.

Planning & Development

Department

BOARD OF ADJUSTMENT

INTERPRETATION

SUPPLEMENTAL QUESTIONNAIRE

PLANNING & DEVELOPMENT

DEPARTMENT

501 North 44th St, Suite 200 ▪ Phoenix AZ 85008 ▪ (602) 506-3301 ▪ (602) 506-3711 fax

www.maricopa.gov/planning

2020 Filing Deadlines and Hearing Dates 11/8/2019

2020 FILING DEADLINES AND HEARING DATES FOR THE

BOARD OF ADJUSTMENTS

Hearings are held in the Board of Supervisors Auditorium,

205 West Jefferson St., Phoenix, AZ 85003

Application Submittal

Deadlines

County Agency Sign-Off

BOA Hearing Dates

(Thursdays)

December 23, 2019

December 30, 2019

January 23, 2020

January 21, 2020

January 27, 2020

February 20, 2020

February 18, 2020

February 24, 2020

March 19, 2020

March 16, 2020

March 23, 2020

April 16, 2020

April 20, 2020

April 27, 2020

May 21, 2020

May 18, 2020

May 26, 2020

June 18, 2020

June 15, 2020

June 22, 2020

July 16, 2020

July 13, 2020

July 20, 2020

August 13, 2020

August 17, 2020

August 24, 2020

September 17, 2020

September 14, 2020

September 21, 2020

October 15, 2020

October 12, 2020

October 19, 2020

November 12, 2020

November 16, 2020

November 23, 2020

December 17, 2020

Requests will not be scheduled for a hearing until the application is deemed complete,

all reviewing County agencies have signed off on the proposal, all applicable fees are

paid, and all outstanding technical comments are addressed.

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301

Residential Site Plan-3012 Internet: www.maricopa.gov/planning 3/25/2013

SAMPLE ONLY (DRAWING SHOWN IS NOT TO SCALE)

ADDITIONAL DETAILED PLANS MAY BE REQUIRED.

Planning & Development

Department

TYPICAL RESIDENTIAL SITE PLAN (Variance)

Planning & Development Department

WHAT TO EXPECT AT THE ONE STOP SHOP

501 North 44

St., Suite 200  Phoenix AZ 85008  (602) 506-3301  (602) 506-3711 fax

What to Expect at One Stop Shop Internet: www.maricopa.gov/planning 10/30/19

Purpose: Provide customers with information about what to expect when submitting a variance

application. This information sheet includes the application material checklist, fee schedule,

and a three step process for application submittal.

Location: Maricopa County Planning & Development Department

501 N. 44

Street, Suite 200 Phoenix, AZ 85008

Business Hours: 8:00 a.m. – 5:00 p.m. Monday through Friday, except holidays (new application submittals

must be submitted no later than 4:30 p.m.)

STEP 1 - Reception

: Proceed to the One Stop Shop Reception desk to obtain a call ticket for the application

submittal. Provide the receptionist your name and specify the type of planning application.

STEP 2 - Intake Counter:

One Stop Shop customer service will call your ticket number and evaluate the

application materials for completeness. Once the application materials are accepted a tracking number will be provided

and staff will advise you to proceed to the cashier to process application payment. The following is a list of required

application materials: (Please note, if any documentation is missing your application may not be accepted

during the intake process, please be sure to follow this checklist).

STEP 3 - Cashier - Processing Payment:

The cashier will call your ticket number, request your application tracking

number, advise you of the total application fees and request your method of payment. Maricopa County accepts cash,

check, or credit card. Please make checks payable to: MARICOPA COUNTY. We currently accept Visa, MasterCard,

Discover, and American Express for credit card payment. Please note that proper payment in full, based upon

the following fee schedule, is required at the time of application:

 Variance Planning application fees will be DOUBLED if variance request is the result of a Code Violation case.

Variance & Interpretation Application Submittal Documents

2 copies – Application

2 copies – Supplemental Questionnaire

1 copy – Recorded deed or unofficial deed

2 copies – Site Plan 24” x 36” FOLDED

(not applicable with Interpretation)

2 copies – Floor Plan & Elevations 24” x 36” FOLDED

(not applicable with Interpretation)

1 copy – Reduced copy of site plan 8 ½” x 11”

(not applicable with Interpretation)

1 CD or jump drive – Electronic copy of application materials

1 copy – Photographs of property

Variance & Interpretation Application Fee Schedule

 Residential

$250 for first Variance request and $50 for each additional Variance request

 Non-Residential

$750 for first Variance request and $100 for each additional Variance request

Interpretation

$300 per request

Drainage Plan Review

$100

Environmental Services

$25

Addressing

$10 to verify address or $50 to assign address

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