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ORDINANCE NO. O24-41 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING ZONING TEXT AMENDMENT ZTA24-01 AMENDING THE UNIFIED DEVELOPMENT CODE AS FOLLOWS: CHAPTER 35 (UNIFIED DEVELOPMENT CODE), ARTICLE 6 (ADMINISTRATION & PROCEDURES), SECTION 3.6.209 (VARIANCES AND APPEALS); PROVIDING FOR SEVERABILITY, SETTING FORTH AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. WHEREAS, the City of Glendale Planning Commission held a public hearing on September 26, 2024 in zoning text amendment case ZTA24-01 the manner prescribed by law for the purpose of amending various sections of the Zoning Ordinance; and WHEREAS, due and proper notice of such public hearing was given in the time, form, substance and manner provided by law including publication of such notice in The Arizona Republic on September 4, 2024; and WHEREAS, the City of Glendale Planning Commission has recommended to the mayor and the council the approval of the zoning text amendment; as aforesaid and the mayor and the council desire to accept such recommendation and amend various sections of the zoning ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: SECTION 1. That the Zoning Ordinance of the City of Glendale, Arizona, Chapter 35 (Unified Development), Article 6 (Administration & Procedures), Section 3.6.209 (Variances and Appeals) is hereby amended to read as follows: 35.6.209 Variances and Appeals A. General. Variances from zoning regulations pertaining to development standards; setbacks, lot dimensions, or other development standards where such a variance will not be detrimental to public interest, health, safety, or welfare. No variance shall be granted to permit a use not otherwise permitted in the applicable zoning district. B. Variance Criteria. Relief from established development standards shall not be arbitrary nor open-ended or universal across multiple properties. Upon filing a variance for consideration, the applicant shall present evidence that demonstrates the following: 1. Existing unique circumstances or conditions on the subject property that prevents the universal application of the zoning standard. 2. The literal interpretation of the Unified Development Code would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district. 3. Any hardship caused by the provisions of the Unified Development Code is more than personal inconvenience or a financial hardship and is not the result of actions by the applicant. 4. Granting the variance will not interfere with or alter the appropriate and legal use of adjacent conforming properties in the same zoning district. A. Purpose. The purpose of a variance is to restore equity when, due to special circumstances or conditions, the ordinance restricts one 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 property owner. B. Findings for a Variance. 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 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. This includes: a. A hardship that has been intentionally, knowingly, or recklessly created. b. The failure of the owner to consider other reasonable alternatives, which do not require a variance. c. The variance would constitute a change to the uses permitted in any zoning district. d. The variance would constitute a grant of special privileges inconsistent with the limitations on other properties in the zoning district. D. C. Application Process. Applications for variances shall conform with the provisions of Section 35.6.202. Applications shall be made in the office of the Development Services Department on an application form with required documentation specified on guidelines provided by the Development Services Department and accompanied with required fees. After the Development Services Department has determined that an application is complete, the application shall be routed for formal review and comment by staff, and a public hearing with the Board of Adjustment will be scheduled. D. E. Appeal Decision; Interpretations. The Board of Adjustment may hear appeals to staff Interpretations. When hearing such an appeal, the Board shall consider the nature of the request and determine if staff’s interpretation and/or decision was made in accordance with the intent of the guiding regulation, was made in accordance with known state or federal law, and if the decision advances the principles and values of the City of Glendale. The Board of Adjustment may confirm, overturn, or modify staff’s decision. E. F. Decision; Variances. Variances The Board of Adjustment may approve, conditionally approve, or deny variance requests. In the event the Board of Adjustment determines that the applicant has provided adequate evidence that aligns with the conditions set forth above in Section 35.6.209.B, it may approve or conditionally approve the variance. Approval may be granted only upon the affirmative vote of the majority of the Board members present. F. G. 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. G. H. Appeal to Superior Court. The City, the applicant, 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. H. I. 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) 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 variance or take any actions as may be necessary to ensure compliance with the regulations or conditions of the approved variance. I. J. 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) days from the date of denial. J. K. 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. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 3. That the provisions of this ordinance shall become effective thirty (30) days after passage of this ordinance by the Glendale City Council. SECTION 4. The City Clerk is instructed and authorized to forward a certified copy of this ordinance for recording to the Maricopa County Recorder’s Office. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this 22nd day of October, 2024. Mayor Jerry P. Weiers ATTEST: _______________________ Julie K. Bower, City Clerk APPROVED AS TO FORM: _______________________ Michael D. Bailey, City Attorney REVIEWED BY: _______________________ Kevin R. Phelps, City Manager