A variance in Arizona zoning is granted by:
Audio Lesson
Duration: 2:54
Question & Answer
Review the question and all answer choices
The state
Zoning is fundamentally a local government function in Arizona, not a state function. The state legislature grants municipalities and counties the authority to enact zoning ordinances, but the state itself does not administer individual variance requests, which are inherently local land-use decisions requiring knowledge of specific neighborhood conditions.
Local board of adjustment
ADRE
ADRE (Arizona Department of Real Estate) is a state licensing and regulatory agency for real estate professionals and subdivisions. It has no authority over local zoning decisions, variances, or land use planning, which fall entirely within the jurisdiction of local governments and their boards of adjustment.
The governor
The governor of Arizona has no role in granting individual zoning variances, which are administrative and quasi-judicial local decisions. Gubernatorial involvement in individual land-use decisions would violate the principle of local control over zoning and would be administratively impractical given the volume of variance requests processed annually across the state.
Why is this correct?
Under Arizona law, specifically A.R.S. § 9-462.06 for municipalities and corresponding county provisions, local boards of adjustment are the designated bodies authorized to hear and decide applications for variances from zoning ordinance requirements. A variance is granted when strict application of the zoning code would cause an unnecessary hardship due to special circumstances unique to the property, and the variance would not be contrary to the public interest. The board of adjustment acts in a quasi-judicial capacity, holding public hearings and making findings of fact before granting or denying a variance.
Deep Analysis
AI-powered in-depth explanation of this concept
Zoning variances exist because rigid application of zoning codes can sometimes create undue hardship for individual property owners due to unique physical characteristics of a specific parcel, such as unusual lot shape, topography, or size. The variance process is a safety valve built into the zoning system that allows for case-by-case relief without undermining the overall zoning scheme. Local boards of adjustment (also called boards of zoning appeals in some jurisdictions) are empowered to grant variances precisely because zoning is a local government function under the police power delegated by Arizona to municipalities and counties under A.R.S. Title 9 (municipalities) and Title 11 (counties). This local control ensures that the community most affected by land use decisions has the authority to grant exceptions, rather than a distant state agency with no knowledge of local conditions.
Knowledge Background
Essential context and foundational knowledge
Zoning as a legal concept in the United States was validated by the U.S. Supreme Court in Village of Euclid v. Ambler Realty Co. (1926), which upheld municipal zoning as a legitimate exercise of police power. Arizona codified zoning authority for municipalities in A.R.S. Title 9 and for counties in A.R.S. Title 11, both of which include provisions for boards of adjustment as the local appellate and variance-granting bodies. The board of adjustment model was adopted nationwide as a way to provide flexibility in zoning administration without requiring legislative action every time a unique hardship case arose. Over decades, Arizona courts have refined the standards for granting variances, requiring applicants to demonstrate that the hardship is due to the property's unique characteristics, not the owner's personal circumstances or desire for greater profit.
Podcast Transcript
Full conversation between instructor and student
Instructor
Hey there, welcome back to our real estate license exam prep podcast. Today, we're diving into a question about land use controls in Arizona. Are you ready?
Student
Yeah, I'm all set. I remember we talked about land use controls, but I'm a bit fuzzy on this one about variances.
Instructor
Perfect, let's get into it. The question is: "A variance in Arizona zoning is granted by:" and we have four options: A. The state, B. Local board of adjustment, C. ADRE, and D. The governor.
Student
Okay, so we're looking for who has the authority to grant variances in zoning. Does that mean it's a state-level decision?
Instructor
Exactly. This question is testing your understanding of the administrative structure of land-use controls in Arizona. So, let's analyze the options. The state (A) doesn't handle individual zoning matters. They set the framework, but the actual decisions are made at a local level.
Student
Got it. So, option B, the local board of adjustment, must be the right answer then?
Instructor
Absolutely, that's correct. In Arizona, like most states, zoning authority is delegated to local governments. The local board of adjustment is created by state law specifically to hear variance requests and make decisions on zoning exceptions at the municipal level.
Student
That makes sense. I was wondering why the other options were wrong. Could you explain?
Instructor
Sure thing. Option C, ADRE, stands for the Arizona Department of Real Estate. They regulate licensing and education, not zoning decisions. So, they're not involved in granting variances.
Student
Oh, I see. And what about option D, the governor?
Instructor
The governor has no direct role in local zoning matters. The executive branch at the state level doesn't involve itself in individual zoning variance decisions. It's all about local control.
Student
I see now. So, the right answer is B because it's the local board of adjustment that handles these decisions.
Instructor
Exactly. To help you remember, think of zoning like a school system. The state sets the rules, but the local school board makes exceptions for individual students with special circumstances. It's the same with zoning – the state sets the standards, but the local board adjusts them for specific properties.
Student
That's a great analogy. It'll help me remember. Thanks for explaining that.
Instructor
You're welcome! For zoning questions, always remember to look for 'local board' or 'board of adjustment' as the likely answer, especially when 'variance' is mentioned. Now, let's wrap this up. If you have any more questions or need further clarification, feel free to reach out. Keep up the great work, and we'll see you next time for another episode of our real estate license exam prep podcast!
Remember 'BAD = Board of Adjustment Decides' variances — and if you don't get the variance, things can go BAD for your building plans. Visualize a local neighborhood board sitting around a table with blueprints of an oddly shaped lot, making a community-level decision about whether to bend the rules slightly for a unique property. This image reinforces that variance decisions are local, fact-specific, and made by a board — not a state agency or elected official.
When you see 'zoning variance' questions, remember the school analogy: state sets rules, local boards handle exceptions.
On Arizona real estate exams, questions about who grants variances, special use permits, or hears zoning appeals almost always point to the local board of adjustment — never ADRE, the state, or the governor. Distinguish between a variance (board of adjustment), a rezoning (city council/county board of supervisors after planning commission recommendation), and a special use permit (often planning commission or city council). Keeping these three approval pathways distinct will help you answer a broad category of zoning questions correctly.
Real World Application
How this concept applies in actual real estate practice
A homeowner in Phoenix owns a corner lot that is unusually narrow due to a historic street-widening project, making it impossible to build a garage that meets the required side-yard setback. The homeowner applies to the Phoenix Board of Adjustment for a variance to reduce the side-yard setback requirement from 5 feet to 2 feet. The board holds a public hearing, reviews the unique shape of the lot, hears from neighbors, and grants the variance because the hardship is caused by the lot's physical characteristics rather than the owner's personal preference. Without this variance process, the homeowner would be permanently unable to build a garage on a lot that is legally zoned for residential use with accessory structures.
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