(A) Appeals and variance requests shall be made on an application form provided by the planning and zoning department, with other required documentation as specified by the director, and the appropriate fee. An application for an appeal of any decision or interpretation made by the director shall be filed with the city clerk within fifteen (15) calendar days of the date of the decision or interpretation. After the city clerk has determined that an application is complete, a public hearing with the board of adjustment will be scheduled.

(B) Any variance or appeal application, unless otherwise provided by law, shall stay all proceedings in the matter appealed from, unless the director certifies that a stay would cause imminent peril to life or property. In such cases, proceedings will not be stayed except by a restraining order granted by the board of adjustment, or by a court of record on application and notice to the director.

(C) Mandatory Applicant Attendance. Applicants, or their representative with authority to speak for and bind the applicant, shall be present at all meetings and public hearings required under this section.

(D) Representations of Applicant Binding. All representations by the applicant, or by the applicant’s authorized representative, made in writing, or during any city public meeting or public hearing, or by any submitted plan, plat, drawing or other graphic depiction in support of the application, and designated in the record by the board of adjustment, shall be deemed to be conditions of approval.

(E) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S § 12-1134 arising out of the subject application shall be submitted. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(B))