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A variance in Arizona zoning is granted by:

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Question & Answer

Review the question and all answer choices

A

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.

B

Local board of adjustment

Correct Answer
C

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.

D

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.

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