Official Web Site of the City of Phoenix

Variances and Use Permits

Application Requirements

• Use Permits
• Variances
• ZA Worksheet
• Ownership Verification Form
• Drawing Requirements

FILING REQUIREMENTS: (Applications are taken in person before 4:00 p.m. at 200 W. Washington, 6th Floor, Zoning Counter)

1. Completed ZA Worksheet and Ownership Verification forms.
2. Two (2) copies of a drawing of the subject property (refer to Drawing Requirements).
3. Application Fee (refer to Zoning Fee Schedule). NOTE: This is an application fee to cover the cost of processing the request. It is not refundable regardless of the outcome of the case.

NOTIFICATION REQUIREMENTS:

APPLICANT RESPONSIBILITIES: 1) Upon application, zoning counter staff will provide the applicant with a sample notification letter and the names and addresses of registered neighborhood associations within a 600-foot radius of the lot boundaries. The applicant must contact the associations via first class letter (refer to Sample Letter . 2) Staff will also provide the applicant with addresses within a 150-foot radius of the lot boundaries. The applicant must contact the addresses via first class letter OR a doorknob hanger; the Planning Department will provide the doorknob hangers. 3) Before or at the ZA Hearing, the applicant will provide the Planning Department with a notarized affidavit attesting to the above notification procedures (refer to Affidavit of Notification .

POSTING: At least fifteen (15) calendar days prior to the hearing, City staff will post the subject property with a 22" x 42" three-panel sign indicating the nature of the request and the hearing time and date. The applicant is to maintain the sign so that it is readable to persons in the area.

PUBLIC HEARING PROCEDURES:

A public hearing will be held before the Zoning Administrator within 45 days of the filing date. Hearings are scheduled on Tuesdays and/or Thursdays. A letter notifying you of the date and time of your case will be sent 7-10 days prior to the hearing. At the hearing, the Zoning Administrator will ask the applicant to present the case and evidence supporting the application. Presentations may include the use of photographs or accurate drawings. The presence of neighbors in support of the request may be beneficial. The applicant usually appears on his or her own behalf, but may be represented by an agent or attorney if desired. Following the applicant's presentation, the Hearing Officer will allow persons in interest to speak regarding the request. The applicant then may give additional comments or a rebuttal. In most cases, the Zoning Administrator will allow persons in interest to speak regarding the request. The applicant then may give additional comments or a rebuttal. In most cases, the Zoning Administrator will take action to either approve or deny the request at the public hearing.

Approval may include stipulations or conditions which must be met by the applicant. If the request is approved, the applicant has sixty (60) days from the hearing date to apply for a building permit or commence the use if no building permit is required. Failure to meet this condition will invalidate the approval action. If sixty (60) days is insufficient to meet this condition, the applicant may request a longer period at the hearing, which will be considered by the Zoning Administrator.

APPEALS TO THE BOARD OF ADJUSTMENT:

Any person may appeal a decision by the Zoning Administrator within fifteen (15) calendar days of the decision by filing an appeal at the Planning Department Zoning Counter and paying a fee equal to the original application fee. The case will then be scheduled for hearing by the Board of Adjustment. The Board of Adjustment is composed of seven (7) citizens who serve without pay and are appointed by the City Council for a term of four years. Their role is to hear cases appealed from, or referred to the Board by the Zoning Administrator. The Board meets on the first Thursday of each month in the City Council Chambers, 200 W. Jefferson.

APPEALS BEYOND THE BOARD OF ADJUSTMENT:

Any person may appeal a decision by the Board of Adjustment within thirty (30) calendar days of the decision by filing an appeal to Superior Court.

If more information is needed, you may call 602-262-7131.

Last modified on 12/15/2008 13:59:52