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YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 16 3. Authorize in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of these provisions will, in the Board's opinion, result in unnecessary hardships. 4. Allow the extension of a District where the boundary thereof divides a lot and providing the Board authority to grant such extension conditional upon development of the extended area following an approved plan, with particular significance in instances where the Supervisors have adopted a zoning request in such a manner that a project development is to follow permission to extend such zoning. 5. Determine the location of a District boundary where doubt exists as to the location of same on the zoning map. 6. Modify the Land Use Specialist’s protective requirements in instances where a District use is conditional upon certain stipulations to be specified by the Land Use Specialist. 7. Grant the Land Use Specialist clearance to issue a building permit where the applicant has failed to secure such prior to commencing construction (but only in cases where the Land Use Specialist has chosen to allow such application to be filed prior to court action). D. Hearing Applications shall be filed in the office of the Land Use Specialist on forms provided therefore by any person or by any officer, department, board or bureau of the County affected by any order or decision of the Land Use Specialist within thirty (30) days thereafter, and specifying the grounds thereof; or for rulings on other matters of Board jurisdiction. 1. An appeal shall stay all proceedings in the matter appealed from unless the Land Use Specialist certifies to the Board that by reason of the fact stated in his certificate, a stay would (in his opinion) cause imminent peril to life or property. In such case, proceedings shall not be stayed except by restraining order granted by the Board or by a Court of record on application and notice to the Land Use Specialist. 2. If an application involves a definite development scheme it must be accompanied by: a. A layout and landscape plan. b. A typical building elevation and other pertinent development characteristics. c. Total cost of the project. d. Evidence of ability and intention of the applicant to proceed with the actual construction and diligently pursue to completion. 3. A variance appeal applicant should be prepared to show: a. That there are special circumstances or conditions applicable to the property of application, or to the adjacent property, or to the neighborhood, that justify variance from the requirements so that strict application thereof would work an unnecessary hardship and that the granting of the request is necessary for preservation and enjoyment of substantial property rights. b. That such granting will not materially affect the health or safety of the neighborhood residents or the public welfare or be injurious to property or improvements. E. HEARINGS AND RULINGS: The Board of Adjustment shall hold at least one (1) public hearing, within a reasonable time from the date of application, after giving a minimum of seven (7) days’ notice thereof to parties of interest and the public by posting at the property of application (if property is involved) and by publishing once in a newspaper of general circulation
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