A. A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person’s property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zoning regulation in question.

Terms Used In Arizona Laws 28-8471

  • Airport: means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes. See Arizona Laws 28-8461
  • Board: means the transportation board. See Arizona Laws 28-101
  • Person: means an individual, firm, partnership, corporation, company, association, joint stock association or body politic, including any trustee, receiver, assignee or other representative of a trustee, receiver or assignee. See Arizona Laws 28-8461
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Structure: means an object that is constructed or installed by a human including a building, tower, smokestack or overhead transmission line. See Arizona Laws 28-8461
  • Tree: means an object of natural growth. See Arizona Laws 28-8461

B. A variance shall be allowed if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, would do substantial justice and would be in accordance with the spirit of the regulation and this article.

C. A variance may be allowed subject to any reasonable conditions the board of adjustment deems necessary to fulfill the purposes of this article.