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ORDINANCE NO. O22-69
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE CITY OF GLENDALE CITY CODE, APPENDIX A
(ZONING), ARTICLE 3 (ADMINISTRATION), SECTION 3.700
(VARIANCES AND APPEALS), BY RENUMBERING THE
CURRENT SECTIONS 3.701 3.706 TO SECTIONS 3.708 –
3.713 AND ADDING NEW SECTIONS 3.701 – 3.707.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That Glendale City Code Appendix A (Zoning), Article 3 (Administration),
Section 3.700 (Variances and Appeals) regarding the Board of Adjustment, is amended and shall
read as follows:
GLENDALE CITY CODE
APPENDIX A – ZONING
ARTICLE 3. – ADMINISTRATION
Section 3.700 – Variances and Appeals.[1]
Footnotes:
--- (1) ---
Editor's note— Ord. No. 2531, § 1, adopted Oct. 24, 2006, repealed App. A, §§ 3.701—3.707, 3.710. Furthermore, said ordinance
renumbered App. A, §§ 3.708, 3.709, 3.711—3.714 as §§ 3.701—3.706.
3.701. – General.
The Board of Adjustment has been granted the power to authorize variances from the
terms of the Zoning Ordinance where, due to special conditions, a literal enforcement of the
terms of the Zoning Ordinance would result in unnecessary hardship. The special conditions
must relate to the land or structure in question and generally involve topography, shape, size,
location or surroundings.
Appeals to the Board of Adjustment, set forth in Section 3.103(E), may be made by any
person aggrieved, or by any officer, division, or board of the City affected by any decision or
interpretation made by the Development Services Director or designee while administering this
ordinance. A variance from the terms of this ordinance may be requested by any person or their
authorized agent having an interest in the real property affected by the request.
3.702. – Application.
Applications shall conform with the provisions of Section 3.300. Appeals and variance
requests shall be made on an application form specifying the grounds for the appeal or variance
with other required documentation as specified by the Development Services Director or
designee include the appropriate fee. An application for an appeal of any decision or
interpretation made by the Development Services Director or designee shall be filed with the
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Planning division within thirty (30) calendar days of the date of the decision or interpretation is
complete, a public hearing with the Board of Adjustment will be scheduled.
Any variance application required fees and other documentation being submitted due to a
pending enforcement action by the City shall be completed and filed with the Planning division
within sixty (60) days of the date on the violation notice.
3.703. – Effect of Application.
Any variance or appeal application, unless otherwise provided by law, shall stay all
proceedings in the manner appealed from, unless the Development Services Director or designee
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 noticed to the Development Services Director or designee.
3.704. – Public Notice.
The Board of Adjustment shall hold at least one (1) public hearing on the application for
variances and appeals. Prior to the public hearing, notice shall be provided as follows:
A. A notice shall be placed in the newspaper of general circulation of the area, or as may
be designated by the City Council for legal public notices. The notice shall describe the type and
nature of the request and be published at least fifteen (15) calendar day prior to the date of the
scheduled hearing;
B. A notice shall be posted on or near the property in at least one (1) location on a form
prescribed by the Planning division for such public notice. The posted notice shall be placed on
the property at least fifteen (15) calendar days prior to the date of the scheduled public hearing.
It shall not be the responsibility of the City to maintain the posting once erected;
C. A notice by First Class Mail shall be made to adjacent or adjoining nearby property
owners who are potentially affected as determined by the Development Services Director or
designee;
D. Notwithstanding the notice requirements set forth in this section the failure of an
person or entity to receive notice shall not constitute grounds for any court to invalidate the
action for which the notice was given.
3.705. – Findings For Appeals.
When considering an appeal of a decision or interpretation made by the Development
Services Director or designee, the Board of Adjustment shall make its determination based on
the following findings and the preponderance of the evidence presented:
A. The Development Services Director or designee did or did not evaluate all relevant
provisions of this Zoning ordinance;
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B. The Development Services Director or designee did or did not consider all relevant
information related to the decision or interpretation.
C. The Development Services Director or designee decision was in error.
D. A Hardship was created by the literal interpretation of the provisions of the zoning
ordinance.
If the Board of Adjustment determines that the decision or interpretation made by the
Development Services Director or designee was made in error, the resulting decision by the
Board shall not constitute an amendment to the ordinance by permitting a use which is not
otherwise allowed or waive the development standards of the zoning district in which the
property is located.
3.706. – Findings for a Variance.
A. The purpose of a variance is to restore equity when, due to special circumstances or
conditions, the ordinance restricts one (1) property more severely than other properties in the
same zoning district. The circumstances or conditions must be beyond the control of the owner
and relate to the property as opposed to the owner. Personal hardship or inconvenience does not
justify a variance. The burden of proof is on the owner of the property.
B. The Board of Adjustment shall make the following findings based on the evidence in
the record prior to granting a variance:
1. There are special circumstances or conditions applicable to the property
including its size, shape, topography, location or surroundings which were not
self-imposed by the owner.
2. Due to the special circumstances, the strict application of the zoning ordinance
would deprive the property of privileges enjoyed by other properties in the same
classification in the same zoning district;
3. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the city in general.
C. The Board of Adjustment shall not grant a variance when:
1. The special circumstances applicable to the property are self-imposed by the
owner.
2. Make any changes in the uses permitted in any zoning classification or zoning
district, or make any changes in the terms of the zoning ordinance provided the
restriction in this paragraph shall not affect the authority to grant variances
pursuant to this section.
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No variances may be granted that will result in giving the applicant special privileges that
are denied to others owning land or structures in the same zoning district, or that may
substantially injure other properties. Additionally, the Board may not grant variances for reasons
of personal inconvenience, financial hardship, or for self-imposed hardships which are the result
of the applicants’ own actions.
3.707. – Conditional Approval.
The Board of Adjustment may place conditions on the variance to assure that the
adjustment authorized will not grant special privileges inconsistent with the limitations on other
properties in the vicinity.
3.7018. – Effective Date of the Variance or Appeal.
The decision of the Board of Adjustment shall be final thirty (30) calendar days from the
date of the public hearing unless an appeal is filed as provided for in this ordinance.
(Ord. No. 1772, 6-22-93; Ord. No. 2531, § 1, 10-24-06)
3.7029. – Appeal to Superior Court.
The City or any person aggrieved by a decision of the Board of Adjustment may within thirty
(30) calendar days of the Board’s decision, file a complaint for special action in Superior Court in
accordance with A.R.S. § 9-462.06(K) now in effect or as it may be amended from time to time.
(Ord. No. 1772, 7-23-93; Ord. No. 2260, § 7, 6-11-02; Ord. No. 2531, § 1, 10-24-06)
3.70310. – Modification of a Variance.
Any alteration or expansion of a project for which a variance was approved shall comply with
all current provisions and regulations of this Zoning Ordinance. Any request for modification or other
change in conditions of approval of the variance shall be reviewed according to provisions of this
article as a new application.
(Ord. No. 1772, 7-23-93; Ord. No. 2531, § 1, 10-24-06)
3.70411. – Revocation of a Variance.
When provisions of this ordinance related to the variance, or conditions or stipulations, made a
part of the variance approval, have not been satisfied, the variance may be revoked as follows:
The Board of Adjustment shall, by first class mail, notify the holder of the variance of its
intention to hold a hearing to consider revocation of the variance. The notice shall be made at least
fifteen (15) calendar days prior to date of the scheduled hearing. At the hearing, the Board of
Adjustment shall consider evidence from all interested parties, and after deliberation, may revoke the
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variance or take any actions as may be necessary to insure compliance with the regulations or
conditions of the approved variance.
(Ord. No. 1772, 7-23-93; Ord. No. 2531, § 1, 10-24-06)
3.70512. – Re-application.
Where a variance or appeal has been denied, no application for a variance or appeal for the
same or substantially the same issue on the same or substantially the same site shall be filed within one
hundred eighty (180) calendar days from the date of denial.
(Ord. No. 1772, 7-23-93; Ord. No. 2531, § 1, 10-24-06)
3.70613. – Applicability of the Variance.
Except as may be otherwise stipulated or provided in this Zoning Ordinance, a variance granted
pursuant to provisions of this article shall run with the land and continue to be valid upon a change of
ownership of the site or structure which was subject to the variance.
(Ord. No. 1772, 7-23-93; Ord. No. 2531, § 1, 10-24-06)
(Signatures on following page.)
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PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 25th day of October, 2022.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager