The City Council is the governing body of the City as established in the Glendale City Charter.

A.

Powers. The City Council shall have the following powers and duties relating to the administration and enforcement of the Unified Development Code:

1.

Act as the review and decision-making body on all specified planning matters as outlined in this Article or by state law; and

2.

Take such other action not expressly delegated exclusively to the Development Services Director, the Planning Commission, the Board of Adjustment, or Historic Preservation Commission as the City Council may deem desirable and necessary to implement the provisions of this Article.

A.

Mission. Pursuant to the City Charter of the City of Glendale, Article V, Section 1, the City does hereby create a planning commission. The Planning Commission provides analysis and recommendations to the City Council related to the City's General Plan, zoning, ordinance amendments, subdivisions, conditional use permits, and other matters affecting land use, and development within the City.

B.

Bylaws. Unless otherwise set forth in this section, the bylaws in Chapter 2, Article VIII of the Glendale City Code shall apply.

C.

Composition. The Planning Commission shall consist of no less than five (5) nor more than seven (7) members appointed by the City Council. Members shall be residents of the City of Glendale or own real property, operate a licensed business of continuous operations in the City of Glendale and demonstrate civic participation in community activities. The Development Services Director or designee shall act as Secretary to the Planning Commission, whose duties will be to record accurate minutes of the proceedings and any such other duties as may be assigned by the Planning Commission.

D.

Powers, Duties and Responsibilities. The Planning Commission shall have all the powers which are now or may hereafter be given it by the general laws of the state and ordinances of the City to include at a minimum:

1.

To hear requests for amendments of the text or official zoning map and recommend approval, denial, or approval with conditions to the City Council;

2.

To hear requests and approve or deny conditional use permits as required by this ordinance;

3.

To prescribe conditions or stipulations for any conditional use permit or amendment to this Zoning Ordinance as may be required to carry out the provisions and intent of this ordinance;

4.

To hear appeals from any decision made by the Development Services Director or designee resulting from the design review process;

5.

To hear requests to amend the General Plan text or maps and recommend approval, denial, or approval with changes to the City Council;

6.

To exercise powers of the Airport Zoning Commission pursuant to Arizona Revised Statutes, § 28-8461 et seq.;

7.

To make recommendations to City Council on the City's Capital Improvement Plans;

8.

To hear requests for design review approval on certain freestanding identification signs as provided by Section 35.4.300 of this ordinance.

All recommendations made to the City Council by the Planning Commission shall be submitted in writing. A report of all business conducted by the Planning Commission shall be forwarded to City Council in the form of minutes of all regular business meetings and hearings.

(Ord. No. O25-23, § 1, 5-13-25)

A.

Mission. The Board of Adjustment is hereby created as a quasi-judicial body created to hear requests for relief from the terms of this ordinance and to hear and decide appeals from decisions of the Development Services Director or designee.

B.

Bylaws. Unless otherwise set forth in this section, the bylaws in Chapter 2, Article VIII of the Glendale City Code shall apply.

1.

Exparte Contact. Any Board Member who reviews written communications or engages in verbal communications regarding a matter before the board that are not part of the Board of Adjustment record shall disclose on the record such communication at the time of the public hearing.

C.

Composition. The Board shall be composed of not less than five (5) nor more than seven (7) members. The Development Services Director or designee shall act as Secretary to the Board of Adjustment, whose duties are to keep accurate minutes of all proceedings and all other duties as maybe assigned by the Board of Adjustment.

D.

Powers, Duties and Responsibilities. The Board of Adjustment shall have all the powers which are now or may hereafter be given it by the general laws of the State and the ordinances of the City including, but not limited to:

1.

Hearing and deciding appeals from any decision or interpretation made by the Development Services Director or designee, except as otherwise provided in the administration and enforcement of this Code;

2.

Interpreting on appeal or on its own motion, the location of any district boundary line shown on the official zoning map of the City;

3.

Hearing and deciding requests for variances from the terms of this ordinance because of special circumstances applicable to a property, including its size, shape, topography, location, or surroundings, where the strict application of this ordinance would deprive such property of privileges enjoyed by other properties in the same zoning district;

4.

Prescribing any conditions or stipulations for any variance or appeal as it may deem necessary to fully carry out the provisions and intent of this ordinance and which will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other similarly situated or zoned properties. Such conditions may include, but not be limited to, a period of time for the applicant to carry out the terms of a variance or appeal;

5.

To exercise powers of the Airport Board of Adjustment pursuant to Arizona Revised Statutes, § 28-8473 et seq.

(Ord. No. O25-23, § 2, 5-13-25)

A.

Mission. Pursuant to the City Charter of the City of Glendale, Article V, Section 1, the City does hereby create a historic preservation commission.

B.

Bylaws. Unless otherwise delineated with this section, the bylaws contained in Chapter 2, Article VIII shall apply.

C.

Composition. The commission will consist of seven (7) members. The members are preferred to be persons who have demonstrated special interest, knowledge or experience in historic preservation. At least five (5) members are preferred to have a background in the following disciplines: architecture, history, architectural history, planning, archeology, or related historic preservation disciplines, such as cultural geography, or cultural anthropology. The Development Services Director or designee shall act as Secretary to the Historic Preservation Commission, whose duties will be to record accurate minutes of the proceedings and any such other duties as may be assigned by the Historic Preservation Commission.

D.

Powers, Duties and Responsibilities. The Historic Preservation Commission will (a) work with the Planning Commission and City Council on matters of historic preservation; take the initiative in bringing people together on historic preservation issues; (b) review proposed alterations to historic properties, historic districts and archeological resources through the certificate of appropriateness process; (c) develop, maintain and from time to time amend, a plan for historic preservation in the City (the historic preservation commission shall survey historic properties including archaeological resources), (d) recommend to the Planning Commission and City Council designations for historic preservation districts; (e) initiate designations for historic preservation districts and amendments, and establish guidelines for evaluation of historic properties, including archaeological resources; (f) provide public information and education on preservation, coordinate resources and provide technical assistance, promote revitalization of the City through preservation, and make recommendations to the Planning Commission, City Council and Citizens of the City regarding historic preservation. Then commission may also confer with other city, county, regional, state and national historic preservation Boards and Commissions. The commission shall initiate plans for the restoration or rehabilitation of private owned buildings and the preservation of archaeological resources; (g) work with City departments to discourage and prevent unwanted demolition of historic buildings and structures and the destruction of archaeological resources.

(Ord. No. O25-23, § 3, 5-13-25)

A.

The Glendale Historic Property register is established for the purpose of recording the historic sites, structures, buildings, objects and areas which exist in the City of Glendale and which are zoned Historic Preservation District.

A.

The Development Services Director or designee shall serve as Historic Preservation Officer. The Historic Preservation Officer shall administer this ordinance and maintain the Glendale Historic Property Register.

A.

The Development Services Director or designee shall carry out all responsibilities of the office of the Zoning Administrator as defined in Arizona Revised Statutes and set forth hereafter. Such duties include, but are not limited to:

B.

Administration and interpretation of this ordinance, including:

1.

Clarification of the intent, review of land uses described and included in a zoning district, and delegation of responsibilities for administering procedures and requirements of the ordinance;

2.

Ensuring compliance with the ratified General Plan;

3.

Authorizing administrative relief;

4.

Enforcement of this Zoning Ordinance, and;

5.

Preparing application guidelines, forms, and administrative procedures.

C.

Additional detail of responsibilities of the Development Services Director or designee may be provided in other specific sections of this ordinance. All decisions and interpretations by the Development Services Director or designee may be appealed to the Board of Adjustment in accordance with the procedures prescribed in Section 35.6.209; except as otherwise provided by this ordinance in Section 35.6.212 for design review decisions.

A.

Formation. The City has established the Development Services Department to carry out the functions of the Planning Agency, pursuant to A.R.S. § 9-461.01 and the City Code, and further described herein.

B.

General powers and duties. The Development Services Department shall perform, at a minimum, the following duties:

1.

Develop and maintain the City's General Plan.

2.

Develop necessary specific plans, codes, and resolutions to implement the General Plan.

3.

Implement the General Plan through the development and administration of a comprehensive zoning or development code.

4.

Perform planning functions as directed by the City Manager, Mayor, and City Council.

Fees for all services as required by this ordinance, including, but not limited to, rezoning, text amendments, use permits, variances, design review, interpretations, and administrative reviews, shall be in the amount established by resolution of the City Council or pursuant to Glendale City Code Chapter 2, Article I, section 2-3. All fees shall be due at the time of application or submission of the request. The City of Glendale or the City of Glendale Councilmembers, when acting in their official capacity, shall be exempt from all fees required by this ordinance.

The procedures outlined in this ordinance involve a variety of application types. Some requirements are the same for all applications, and some application procedures have unique requirements. In addition, most procedures have detailed user guides prepared and provided by the Development Services Director or designee. This UDC and the available guidelines should be read carefully to ensure a complete application is prepared.

The preparation and filing of applications for land use permits, entitlements, amendments and other matters pertaining to this UDC shall comply with the following common procedures, unless an exception to the common procedure is expressly identified in subsequent sections of this UDC. Subsequent sections include additional provisions that are unique to each type of application, including staff and review board assignments and approval criteria.

A.

Pre-Application. Prior to application for any general plan amendment, rezoning request, special district, conditional use permit, subdivision plat, variance, appeal, design review, or any other review or permit process, a preapplication review with the Development Services Department will be required. The purpose of the preapplication review is:

1.

To familiarize the Development Services Department with the request;

a.

To determine application requirements and familiarize the applicant with the review process and procedures;

b.

To identify land use and development policies which may affect the outcome of the request;

c.

To permit a cursory technical review at a conceptual stage to identify conflicts in objectives and to identify potential solutions for those conflicts; and

d.

To identify the requirements for citizen participation and familiarize the applicant with related issues.

B.

Complete Application

1.

Completed applications shall be submitted to the Development Services Department on a form and in such a manner as established by the Development Services Director or designee.

2.

In accordance with A.R.S. § 9-835, the Development Services Department shall publish an application schedule, which prescribes the necessary deadline for submitting specified application types in advance of being reviewed by the appropriate decision making body pursuant to this UDC or the A.R.S. Complete Application.

3.

The Development Services Department will evaluate an application for completeness. An application shall contain an application form, any information specifically required by this ordinance, such additional information specified by the Development Services Director or designee, and when required, a fee. An application must be made by the property owner or his authorized agent. An applicant will be notified within ten (10) working days if the application is incomplete. If incomplete, no review or public hearing will be scheduled, and the applicant will be issued an official written notice containing a comprehensive and specific list of deficiencies. Once the notice is issued, the application review will be suspended until resubmittal. Upon resubmittal, it will be determined whether the deficiencies have been resolved and the application determined complete within ten (10) working days.

4.

When an application is determined to be complete, it will be scheduled for a review or public hearing as required by this UDC. If the review authority (Commission, Board, City Council, or staff) determines additional information is required to adequately evaluate an application, any such additional information shall be submitted by the applicant not later than sixty (60) days from notification of the applicant unless a specific date is otherwise established by the review authority. Failure to provide additional information in the time specified will result in the application being deemed incomplete, the file closed and no refund of application fees made.

5.

The City shall approve or deny the application within one hundred eighty (180) days of determining the application complete with the following exceptions:

a.

Staff may grant a one-time extension of not more than thirty (30) days for extenuating circumstances; or

b.

Staff may grant extensions in thirty (30) days increments at the request of the applicant.

c.

Zoning applications for land in a designated district of historical significance pursuant to A.R.S. § 9-462.01, a property or area on the national register of historic places, planned residential developments (PRDS), or planned area developments (PADS).

6.

When a project requires approvals under more than one section of the UDC, the individual applications may be processed concurrently at the option of the Development Services Director or designee, and with the approval of the applicant; provided, however, rezoning applications may not be approved simultaneously with Major General Plan Amendments. Rezone applications can only be approved sequentially after Major GPA adoption; the rezone application will be cancelled if the Major GPA is not adopted. Minor GPAs may be processed concurrently with other applications. The concurrent processing of applications shall be in all cases at the applicant's risk.

7.

At the discretion of the Development Services Director or designee, or where otherwise required by this UDC, A.R.S., or Federal law, an application filed in compliance with this UDC may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

C.

Citizen Participation

1.

Citizen Participation Plan. Every application which requires a public hearing shall include a citizen participation plan which must be implemented prior to the first public hearing.

a.

The purpose of the citizen participation plan is to:

i.

Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;

ii.

Ensure that the citizens and property owners of Glendale have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

iii.

Facilitate ongoing communication between the applicant, interested citizens and property owners, City staff, and elected officials throughout the application review process.

b.

At a minimum the citizen participation plan shall include the following information:

i.

Which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by the application;

ii.

How those interested in and potentially affected by an application will be notified that an application has been made;

iii.

How those interested and potentially affected parties will be informed of the substance of the change, amendment, or development proposed by the application;

iv.

How those affected or otherwise interested will be provided an opportunity to discuss the applicant's proposal with the applicant and express any concerns, issues, or problems they may have with the proposal in advance of the public hearing;

v.

The applicant's schedule for completion of the citizen participation plan;

vi.

How the applicant will keep the Development Services Department informed on the status of their citizen participation efforts.

c.

The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. The target area for early notification will be determined by the applicant after consultation with the Development Services Department. At a minimum, the target area shall include the following:

i.

Property owners within the public hearing notice area required by other sections of the ordinance codified in this section;

ii.

The head of any homeowners association or registered neighborhood within the public notice area required by other sections of the ordinance codified in this section;

iii.

Other interested parties who have requested that they be placed on the interested parties notification list maintained by the Development Services Department.

d.

These requirements apply in addition to any notice provisions required elsewhere in the ordinance codified in this section.

e.

The applicant may submit a citizen participation plan and begin implementation prior to formal application at their discretion. This shall not occur until after the required pre-application meeting and consultation with the Development Services Department staff.

2.

Citizen Participation Final Report

a.

This section applies only when a citizen participation plan is required by the ordinance codified in this section.

b.

The applicant shall provide a written report on the results of their citizen participation effort prior to the notice of public hearing. This report will be attached to the Development Services Department's public hearing report.

c.

At a minimum, the citizen participation final report shall include the following information:

i.

Details of techniques the applicant used to involve the public, including:

(a)

Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;

(b)

Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters and other publications;

(c)

Where residents, property owners, and interested parties receiving notices, newsletters, or other written materials are located; and

(d)

The number of people that participated in the process.

ii.

A summary of concerns, issues and problems expressed during the process, including:

(a)

The substance of the concerns, issues, and problems;

(b)

How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and

(c)

Concerns, issues and problems the applicant is unwilling or unable to address and why.

(Ord. No. O25-10, § 1, 3-25-25)

No public hearing shall be conducted without first providing notice to the affected parties.

A.

Newspaper. Notice shall be placed in the newspaper of general circulation of the area, or newspaper designated by the City Council for legal public notices, advertising the type and nature of the public hearing at least fifteen (15) full calendar days prior to the date of the scheduled public hearing, not including the day of the hearing or the day of the notice publication. However, text changes to this Unified Development Code shall be published in a "display ad" covering not less than one-eighth (⅛) of a full page.

B.

Site Posting. Notice shall be posted in at least one conspicuous location per street frontage of the subject property. For subject properties that are greater than forty (40) acres in area with street frontage(s), postings shall be placed along each street frontage so as to ensure at least one posting for each quarter-mile (1,320 feet). For applicable sites with no street frontage, postings shall be installed on the property in locations clearly visible to abutting residents so as to ensure at least one posting for each quarter-mile (1,320 feet).

To enhance notification of required neighborhood meetings at preliminary stages of the application process, applicants shall install a sign on the property along each street frontage and in locations clearly visible to abutting residents so as to ensure at least one posting for each quarter-mile (1,320 feet). All signs shall set forth the purpose, time, date, and place of the neighborhood meeting.

1.

Site posting(s) shall be located outside of the public right-of-way, unless documented permission from the Development Services Director or designee, has been granted. Such permission shall be generally supported for properties within the Centerline Overlay District.

2.

Site posting(s) shall be placed on the property and updated with public hearing information at least twenty (20) full calendar days prior to the date of the first scheduled public hearing. This twenty-day posting period shall not include the day of the hearing or the day of the posting. Site posting(s) for required neighborhood meetings shall be placed at least ten (10) days prior to the date of the scheduled meeting.

3.

Site postings shall include the City-issued application number, summary of the request, applicant contact information, City contact information, and hearing dates, times, and location.

4.

The size and format of the site posting(s) shall be in accordance with policies established and/or modified by the Development Services Department.

5.

The applicant shall maintain all postings and ensure legibility throughout the duration of the posting period.

6.

Site postings shall be removed from the subject property within thirty (30) days of the final hearing for the associated application.

C.

Property Owner Notification. All property owners, including homeowners' associations, within the notification distance stated in Table 6.200-2 of this Section shall be sent notice by first class mail, postmarked at least fifteen (15) days prior to the date of the scheduled public hearing.

Due to the potential impact of a project that may extend beyond the required minimum notification distance, required notification distances shall be increased by thirty percent (30%), if at least one of the following conditions exist:

•

A zoning or land use request would result in conversion of a single-family residence designation to a multi-family residence designation or non-residential designation (and vice versa).

•

A zoning or land use request may result in the need to change an existing roadway classification, revise an existing roadway alignment, or warrant the installation of a traffic signal.

Further, the required notification area shall be extended to all parcels located within the Plat(s) associated with parcels that fall within the required notification distance.

Zoning that abuts other municipalities and/or unincorporated areas of the county or is in the notification distance (Table 6.200-2 of this section) of a military airport or ancillary facility as defined in A.R.S. § 28-8461, the notice shall be sent first class mail to the planning agencies and/or military airport and/or facility.

Zoning not initiated by the property owner requires the city to provide notice by first class mail to real property owners within notification distance (Table 6.200-2 of this section) if the zoning may change the zoning classification and/or is directly governed by any combination of the following changes:

•

Ten percent or more increase or reduction in the number of square feet or units that may be developed.

•

Ten percent or more increase or reduction in the allowable height of buildings.

•

Ten percent or more increase or reduction in setback or open space requirements.

•

Increase or reduction in the allowable number of stories of a building.

•

An increase or decrease in permitted uses.

1.

Property ownership information, for the purposes of notification, shall be collected from the Maricopa County Assessor's information. Additional interested parties may be included in the notification as a courtesy.

2.

Measurement of the notification distance shall be taken from the exterior boundaries of the property subject to the application as shown on the last assessment of the property.

3.

The size and format of the notification mailer shall be in accordance with policies established by the Development Services Department.

4.

In high noise or accident potential zones as defined by A.R.S. § 28-8461, the notice shall include a general statement that the matter is in a high noise and/or accident potential zone.

5.

The public hearing notification process shall be managed and executed by the City. All associated notification and postage fees shall be calculated and submitted to the applicant for collection at the time of the first formal submittal.

D.

Notwithstanding the notice requirements set forth in this Section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given. No public hearing shall be conducted without first providing notice to the affected parties.

E.

Continuances. Items scheduled for public hearing which have been continued, for any reason, to a date-specific hearing by the same body and occurring within sixty (60) days of the original hearing, are not required to be re-noticed. The Development Services Director or designee, may require re-notification as a courtesy should unique circumstances exist in which re-notification would benefit the community. Items remanded to a lower-tier hearing body for reconsideration shall be re-noticed in accordance with this Section.

(Ord. No. O25-10, § 1, 3-25-25)

A.

Annexation Process. The process of annexing territory into the City of Glendale shall adhere to the regulations set forth in A.R.S. § 9-471. Both, private property owners and the City of Glendale may initiate annexation.

1.

Private property owners shall initiate the annexation process by providing a written request to the Development Services Department, all included Maricopa County Assessor's parcel identification numbers, and a legal description. City Staff will review the request for completion and processing in accordance with A.R.S. § 9-471.

B.

Initial Zoning. Upon annexation into the City of Glendale, the City shall establish initial zoning on the property, often referred to as equivalency zoning, in accordance with A.R.S. § 9-471, Requests to establish initial City zoning shall be made within ninety (90) days of the effective date of the annexation ordinance. The initial zoning process shall follow the typical rezoning process established in Section 35.6.207 Rezoning.

C.

Effect of Annexation on Building Permits.

1.

Maricopa County building permits lawfully issued not more than sixty (60) days prior to the effective date of annexation, shall be honored by the City. Within sixty (60) days after the effective date of annexation, the City shall issue a building permit when construction details conforming to City building codes and County zoning regulations, in effect at the time the County permit was issued, are provided to the City. Any fee paid to the County for the County permit shall apply towards the City permit fee and only the balance must be paid to the City before a City permit is issued.

2.

A City building permit shall not be required for buildings legally under construction with a building permit issued by Maricopa County prior to the effective date of annexation, and where exterior walls have been completed to the plate line or beyond. The City shall require that building construction be structurally safe and in conformance with pertinent county zoning regulations in effect at the time the county permit was issued.

A.

General

1.

Amendments to the General Plan which change property from one land use designation to another, which impose policies and standards not previously imposed, which modify plan text, or which remove or modify the text or any policy or standard previously imposed, shall be adopted in the manner set forth in this section.

2.

Amendments to the General Plan can be either major or minor. Major and minor amendments have different hearing requirements as outlined in the City of Glendale General Plan.

B.

Application Process. Applications for amendments to the General Plan 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 by guidelines provided by the Development Services Department and accompanied with appropriate fees as required. After the Development Services Department has determined that an application is complete, a public hearing with the Planning Commission will be scheduled.

C.

Authorized Applicant

1.

An applicant for an amendment to the General Plan Map on any property shall be one of the following:

a.

The owner of the property;

b.

One (1) or more of several joint owners of property who own individually or as a group, a majority interest in the property;

c.

One (1) or both of the property owners where property is held in joint tenancy;

d.

Seventy-five percent (75%), or more, of the owners of property in the area covered by the application when the application covers more than one (1) property; or

e.

The Planning Commission or City Council on its own motion at a public meeting.

2.

The applicant for an amendment to change the text of the General Plan shall be any interested party, or the Planning Commission or City Council on its own motion at a public hearing.

3.

An application shall be signed by the authorized applicant or an agent of any authorized applicant when the authority of the agent is in writing, notarized, and filed with the application except applications initiated by the Planning Commission or City Council. The signature of such agent shall have the same force and effect as if the application were signed by the principal.

D.

Public Hearing

1.

The Planning Commission shall not recommend nor shall the City Council consider any amendment to the General Plan until the request is presented during a public hearing. All public hearings to consider an amendment to the General Plan shall require notice as provided in Section 35.6.204.

2.

For major amendments to the General Plan, the Planning Commission shall hold two (2) public hearings in two (2) different locations in the City. For property-specific amendments, one hearing shall be in the general vicinity of the proposed amendment. Both hearings shall require notice as provided in Section 35.6.204.

E.

Planning Commission Recommendation

1.

On an application to amend the land use map, the Planning Commission may only recommend approval or denial. The planning Commission recommendation will be forwarded to the City Council for public hearing and final action unless withdrawn by the applicant.

2.

On an application to amend the text of the plan, the Planning Commission may recommend approval, approval as modified by the Commission, or denial. The Planning Commission recommendation will be forwarded to the City Council for public hearing and final action.

F.

Amendments Adopted by Resolution. Amendments to the General Plan Map or text shall be adopted by resolution and become effective immediately upon approval by the City Council.

G.

Findings

1.

Amendments to the General Plan of the City of Glendale shall be approved only if:

a.

The amendment is consistent with the policies and objectives of the rest of the General Plan; and

b.

The proposed amendment furthers the public health, safety and general welfare of the citizens of Glendale.

2.

If the amendment is to the Land Use Map, an additional finding must be made that the proposed change will be compatible with other land uses, existing or planned, in the vicinity.

H.

Re-application. In cases where the amendment has been denied by the City Council, no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be filed within one hundred eighty (180) days from the date of denial of the amendment.

A.

General. Amendments to this Unified Development Code which change property from one zoning district to another, which impose regulations not previously imposed, which modify ordinance text, which amend or modify stipulations or conditions of approval, or which remove or modify the text or any regulation previously imposed shall be adopted in the manner set forth in this Section.

B.

Application Process. Applications for amendment 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 Planning Commission will be scheduled.

C.

Authorized Applicant

1.

An authorized applicant shall be one (1) of the following:

a.

The owner of the property;

b.

One (1) or more of several joint owners of property who own individually or as a group, a majority interest in the property;

c.

One (1) or both of the property owners where property is held in joint tenancy;

d.

Seventy-five percent (75%), or more, of the owners of property in the area covered by the application when the application covers more than one (1) property;

e.

The Planning Commission or City Council on its own motion at a public meeting; or

f.

The Historic Preservation Commission, the Planning Commission or City Council on its own motion at a public meeting, may initiate an amendment to establish or amend Historic Preservation District Zoning.

2.

The applicant for an amendment to change the text of the Zoning Ordinance shall be an interested party, or the Planning Commission or City Council on its own motion at a public hearing.

3.

All applications shall be signed by the authorized applicant or an agent of any authorized applicant when the authority of the agent is in writing, notarized, and file with the application except applications initiated by the Planning Commission or City Council. The signature of such agent shall have the same force and effect as if the application were signed by the principal.

D.

Public Notice. The Planning Commission shall not recommend, nor shall the City Council consider any amendment to this Zoning Ordinance, until the request is presented during a public hearing. No public hearing shall be conducted without first providing notice to the affected parties. Such notice shall be provided in accordance with Sections 35.6.204.

E.

Public Hearing. The Planning Commission may recommend approval, approval with conditions, or denial on an application for amendment. The recommendation will be forwarded to the City Council for public hearing and final action unless withdrawn by the applicant. All public hearings to consider an amendment to this Unified Development Code shall require notice as provided in this Article.

F.

Protests Against Amendment

1.

If the owners of twenty (20) percent or more of the area and number of lots, tracts and condominium units, excluding government owned property, included in a proposed change, or those immediately adjacent within one hundred fifty (150) feet therefrom, or of those directly opposite within one hundred fifty (150) feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by a favorable vote of three-fourths (¾) of all members of the City Council.

2.

If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (¾) of the remaining membership of the City Council, provided that such required number of votes shall in no event be less than a majority of the full membership. For the purposes of this section, the vote shall be rounded to the nearest whole number.

3.

Written protests shall describe the property owned by the protestants with sufficient clarity to determine the location of the protestant's property on a map of the City with relation to the area under consideration. Where such property is not adequately described, the City Council may, at its discretion, disregard any such protest. The written protests shall include case number, description of request, the name(s), address of property owned by protesting party, signature, date and basis of protest. If a petition is used, the person circulating the petition shall include their name and their notarized signature.

4.

All such written protests or petitions shall be filed in the office of the Development Services Director no later than 12:00 noon on the Friday preceding the City Council meeting at which such amendment will be considered.

G.

Amendments Adopted by Ordinance. Amendments to the official Zoning Map or the Unified Development Code text shall be adopted by ordinance. Amendments to the text may be considered as an emergency ordinance to become effective immediately upon approval by the City Council. Amendments to the official Zoning Map shall not be considered as an emergency ordinance and shall become effective thirty (30) days after approval unless a later effective date is provided by action of City Council. An ordinance amending the official Zoning Map shall include a legal description of the property affected, which shall be provided by the applicant on a form and in a manner as required by the guidelines prepared by the Development Services Director or designee.

H.

Conditional Zoning

1.

The City Council may approve a zoning change containing conditions which must be met by the applicant and may specify a period of time for the applicant to meet the conditions. In the event the time period expires and the conditions have not been met, the ordinance shall not become effective and may be rescinded as follows:

a.

The Development Services Director or designee shall, by first class mail, notify the authorized applicant of its intention to hold a hearing to rescind the zoning change. The notice shall be made at least fifteen (15) days prior to the date of the scheduled hearing. At the hearing, the City Council shall consider evidence from all interested parties and after deliberation may rescind the ordinance or take an action to extend the time period.

I.

Findings

1.

Amendment to the Unified Development Code text and official Zoning Map of the City of Glendale shall be approved only if:

a.

The amendment is consistent with the policies and objectives of the Glendale General Plan;

b.

The proposed amendment furthers the public health, safety and general welfare of the citizens of Glendale; and

c.

If the amendment is to the official Zoning Map, the proposed change will include any conditions necessary to mitigate any adverse impacts on businesses, persons, or properties adjacent to the requested amendment.

J.

Change of Classification of Requested Zone District. In the event an application is made for an amendment to change the official Zoning Map from a more restrictive district to a less restrictive district, the Planning Commission or City Council may approve the application or grant the amendment for a district which is more restrictive than requested in the application and less restrictive than the existing classification, without the necessity of a new or amended application and without the necessity of giving new or additional notice.

K.

Re-application. In cases where the amendment has been denied, no application for an amendment for the same or substantially the same request and, in the case of a map amendment on the same or substantially the same property shall be filed within one hundred eighty (180) days from the date of denial of the amendment.

L.

Adequate School Facilities

1.

The provisions of this section shall apply only to applications for residential rezoning which will increase the projected number of students for any school district's school attendance area as a result of the proposed rezoning. The applicability of this section includes applications for rezoning which change zoning classifications from non-residential to residential classifications and rezonings which change residential zoning classifications to a higher density residential classification. A school district's school attendance areas shall be the attendance boundaries adopted for each public school by the applicable school district.

2.

No rezoning application shall be considered complete under Section 35.6.202 until the applicant provides a letter from the appropriate school district which certifies any of the following, or the time period for the school district's response to a request for certification has expired under subsection 4 below:

a.

That the school district has adequate school facilities to accommodate the projected number of new students within the school district's attendance area; or

b.

That the school district will have adequate school facilities by a planned capital improvement to be constructed within one (1) year and located within the school district's attendance area; or

c.

That the school district has determined an existing or proposed charter school can provide adequate school facilities; or

d.

That the applicant and the school district have entered into an agreement to provide, or help to provide, adequate school facilities within the school district's attendance area in a timely manner; or

e.

That the school district does not have adequate school facilities to accommodate projected growth attributable to the rezoning.

The projected number of new students resulting from the application for rezoning shall be based upon a student per-household ratio methodology adopted by the appropriate school district. If a school district fails to adopt a student per-household ratio methodology for projecting the number of new students resulting from an applicant's rezoning application, then the school district shall base its certification upon an authoritative source accepted within the education community.

3.

For purposes of this section, adequate school facilities shall be determined by the appropriate school district in accordance with the minimum school facility adequacy guidelines adopted by the School Facilities Board pursuant to A.R.S. § 15-2011, and any subsequent amendments made thereto, as applied to each individual school site's attendance area for each individual school serving the property being considered for rezoning.

4.

Applications for rezoning subject to this section shall follow the following procedures:

a.

At the time of filing an application for rezoning subject to this section, all applicants for rezoning shall provide a copy of a letter delivered to the superintendent(s) of all applicable school districts which contains an offer to meet with school district representatives to discuss the school district's certification required by subsection 2 above.

b.

After the filing of the rezoning application, the City shall deliver by certified or registered mail a copy of the application and a site location map to each affected school district located within the area requested to be rezoned. In addition, the City shall request the school district to provide the required certification provided for in subsection 2 above, on a form to be provided by the City, within thirty (30) days to the City of Glendale care of the Development Services Director. For good cause, the thirty (30) daytime period may be extended at the request of the applicant or the school district. In the event the City does not receive certification from the school district within thirty (30) days, or any extension thereof, it shall be deemed that there are adequate school facilities for the proposed rezoning. The school district's response time to a request for certification shall be determined by the date of mailing of the request for certification from the City. For purposes of computing the thirty (30) day certification time period, the date of mailing from which the designated period of time begins to run shall not be included. In the event the last day for receipt of the certification occurs on a Saturday, Sunday or legal holiday, the applicable certification time period runs until the end of the next work day.

c.

After providing the certification required by subsection 2, or the school district's failure to respond to the request for certification within thirty (30) days, or any extension thereof, the application shall proceed to be processed in accordance with Section 35.6.207 of the zoning ordinance and all other applicable ordinances.

d.

In the event that the appropriate school district certifies that there are not adequate school facilities for the proposed rezoning, the Development Services Director or designee shall notify the applicant in writing that the school district has determined that it does not have adequate school facilities for the rezoning.

(Ord. No. O25-10, § 1, 3-25-25)

A.

General. The City of Glendale recognizes certain uses which may be appropriate in specific zone districts but have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on adjoining properties, businesses, or residences within the City. Such uses require a more comprehensive review, including the ability of the City to establish specific conditions for the project to mitigate any potential impacts. The Planning Commission can evaluate only conditional uses listed and is empowered to approve, approve with conditions, or deny any application for a conditional use permit. Such review by the Planning Commission is subject to findings and the applicable hearing requirements of this section. The burden of proof shall be the responsibility of the applicant.

B.

Application. Applications shall conform with the provisions of Section 35.6.202. Applications shall be filed with the Development Services Department on an application form with the required documentation specified on guidelines provided by the Development Services Director or designee with appropriate fees. After the Development Services Department has determined that an application is complete, a public hearing with the planning commission will be scheduled. The application, at a minimum, shall include the following:

1.

Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the conditional use permit. Proof of ownership or written authorization to act on behalf of the owner must accompany the submittal.

2.

A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, number of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use.

3.

A list of all property owners within the prescribed notification distance (Section 35.6.204(C)) of the exterior boundaries of the property subject to the application. The list shall be accompanied by a map showing the location of these properties.

4.

A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information.

5.

Any additional information or plans which may be required by the Development Services Director or designee.

6.

Wireless communication facilities require the following additional information:

a.

A map of the service area of the proposed facility.

b.

A map showing all existing or planned facilities within the network of the provider within three (3) miles of the proposed site. Describe the height, type of mount, and number of antennas for each facility.

c.

A map showing any existing or planned single family residential development within one-half (½) mile of the proposed site.

d.

A map showing all wireless communication facilities which are existing, approved, or under construction within a mile radius of the site.

e.

A map showing other potential locations considered. This includes other monopoles, buildings, and alternative structures.

f.

A scaled elevation of the facility from each direction. The elevation must be legible when reduced to eight and one-half (8½) by eleven (11) inch size.

g.

A narrative which addresses the following:

i.

Why the facility is needed.

ii.

Efforts to co-locate on existing or planned towers and why co-location is not feasible or desirable.

iii.

Efforts to locate antenna on existing building or another alternative structure.

iv.

Why the proposed site is superior from a community perspective. Factors to address include visual impact on gateways to the community, heavily traveled corridors, and major view sheds, impact on land use character, and proximity to single family neighborhoods.

v.

Efforts to blend the wireless facility into the surrounding area by minimizing the visibility of the structure. Include the process for selection of color of the proposed monopole.

vi.

Justification for the proposed height. The height should represent the minimum necessary in all instances.

vii.

Efforts to minimize the diameter and mass of the structure provide engineering information related to those efforts.

viii.

Efforts to minimize the size of the antenna array, support equipment and related equipment shelter provide engineering information related to those efforts.

ix.

Function of all equipment ancillary to the panel antennas such as whip and dish antennas.

x.

Describe where the structure will be visible and from what distance.

h.

Third-party review.

i.

City staff may require a third-party review of any technical data submitted as part of the application.

ii.

The third party may be selected by agreement with the applicant or at the discretion of the City. The cost of the third-party review will be paid for by the applicant.

iii.

The third-party review is to be a technical site-specific review of the wireless communication facility, not a subjective review of the proposed site.

C.

Public Hearing. The Planning Commission shall hold at least one (1) public hearing on the application. Prior to the public hearing, notice shall be provided as described in Section 35.6.204.

D.

Findings. The Planning Commission shall make the following findings before granting a conditional use permit:

1.

General Findings.

a.

That the proposed use is consistent with the policies, objectives, and land use map of the Glendale General Plan and the purpose of the zone district in which the site is located;

b.

That the proposed use will not be materially detrimental to the health, safety or general welfare of persons residing or working within the neighborhood of the proposed use, or have an adverse effect on the property, adjacent properties, the surrounding neighborhood or the City when consideration is given to the character and size of the use and hours of operation;

c.

That the proposed site is adequate in size and shape to accommodate the intended use and that all requirements for the zone district, including but not limited to: setbacks, walls, landscaping and buffer yards are met;

d.

That the proposed site has adequate access to public streets and highways to carry the type and quantity of traffic which may be generated by the subject use, and that on-site circulation is adequate to permit driveways, parking, and loading requirements in a manner which is safe and efficient;

e.

That adequate conditions or stipulations have been incorporated into the approval of the conditional use permit to ensure that any anticipated detrimental effects to public health, safety, and welfare can be mitigated.

2.

Wireless Communication Facilities Findings.

a.

The proposed facility is required to provide adequate wireless service, and other alternative locations are either infeasible or less desirable from a community perspective;

b.

The proposed facility will blend into the context of its setting and not be overly conspicuous within the community;

c.

The scale and mass of the facility will not adversely affect the land use character of the property or the surrounding area;

d.

Adequate setbacks have been provided to ensure the facility will not be intrusive on adjacent land uses or the streetscape.

e.

All applicable development standards and design guidelines have been met.

E.

Action by the Planning Commission. The Planning Commission may approve, approve with conditions, or deny any application after conducting a public hearing. The Planning Commission may place any conditions which are deemed necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the City as a whole, and which are required to preserve the public health, safety and general welfare. These conditions may include but are not limited to:

1.

Requirements for setbacks, open spaces, buffers, fences or walls, and landscaping to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use;

2.

Dedication of street or other public rights-of-way, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use;

3.

Regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood;

4.

Time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental to public health, safety, or welfare or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the City as a whole.

F.

Effective Date of the Conditional Use Permit. The decision of the Planning Commission shall be final and effective fifteen (15) days from the date of the decision unless an appeal is filed pursuant to Section 35.6.208(G).

G.

Appeal Procedure

1.

The action of the Planning Commission may be appealed to the City Council by the applicant, any member of the City Council, the City Manager, or any property owner within subject property notification radius pursuant to Section 35.6.204. Such requests for appeal must be filed on an application form provided by the Development Services Director or designee with the appropriate fee, within the fifteen (15) days following the date of the Planning Commission action.

2.

Consideration of the appeal shall be made at a public hearing only after notice of the hearing has been placed in the newspaper of general circulation of the area, or newspaper designated by the City Council for legal public notice, at least fifteen (15) days prior to the hearing. The notice shall be posted on the property at least fifteen (15) days prior to the hearing. It shall not be the responsibility of the City to maintain the notice once posted on the property.

3.

The City Council shall act to affirm or reverse, in whole or in part, or modify the Planning Commission's decision. Any action to grant a conditional use permit, either through affirmation, modification, or reversal of the Planning Commission's decision, must include required findings for conditional use permit as provided in this ordinance.

H.

Modification of Conditional Use Permit. A request to modify, expand, or otherwise change an approved conditional use permit, not in substantial conformance with the approved permit, shall be reviewed and processed according to provisions of this ordinance as a new application.

I.

Revocation

1.

Failure to comply with the conditions, stipulations, or terms of the approval of an approved conditional use, is a violation of this ordinance and will be enforced as such. Repeated offenses shall be cause for revocation in the following manner:

a.

The Planning Commission shall notify, by certified mail, the holder of the conditional use permit of the intention to conduct a hearing to consider the revocation of the conditional use permit. Notice shall be postmarked at least fifteen (15) days prior to the date of the scheduled hearing. At the hearing the Planning Commission shall consider evidence from all interested parties and after consideration of all available information may revoke the conditional use permit if it is determined that conditions, stipulations, or terms of the approved conditional use permit have not been met.

J.

Status of the Conditional Use Permit. A conditional use permit granted pursuant to provisions of this article shall run with the land and continue to be valid regardless of ownership of the site or structure subject of the conditional use permit application, so long as it operates within the conditions, stipulations, and terms of the conditional use permit approval.

K.

Re-application. In cases where the conditional use permit has been denied, no application for a conditional use permit for the same or substantially the same use on the same or substantially the same site shall be filed within one hundred eighty (180) days from the date of denial or revocation of the conditional use permit.

L.

Expiration of Conditional Use Permit for Wireless Communication Facilities—Monopole. All conditional use permits for wireless communication monopoles facilities shall be limited to a maximum time period of ten (10) years from the date of Planning Commission approval. When a conditional use permit is granted for a co-location on a facility with an existing conditional use permit, the action of granting the new conditional use permit shall extend the existing conditional use permit so that they will expire simultaneously.

The commission shall be responsible for initiating a review of the approved facility and shall request the applicant to demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the conditional use permit. If a new conditional use permit is not granted, the applicant shall be responsible for the removal of the facility.

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.

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.

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.

F.

Decision; 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.

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.

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.

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.

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.

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.

(Ord. No. O24-41, § 1, 10-22-24)

A.

Interpretations

1.

The Development Services Director or designee shall be responsible for interpretation of the Unified Development Code. Interpretations may be considered if there is a question of clarity of any development standard or other provision of this Code, or a review is required within the permitted use categories of a specified zoning district. Interpretations shall not modify or alter any development standard. Requests to modify development standards shall be filed and processed in accordance with Section 35.6.210 Administrative Relief or Section 35.6.209 Variances.

2.

An application clearly stating the section requiring interpretation or the characteristics of the desired use and zone district in which it is proposed to be located shall be submitted on a form prescribed by the Development Services Director with the required fee before an interpretation will be made. All requests for written interpretations shall be filed with the Development Services Department.

3.

The Development Services Director shall issue a written interpretation within ten (10) working days of the submission of a completed application and request for interpretation. All interpretations shall be maintained in the Development Services Department records.

4.

Prior to determining that a use is permitted within a specific zoning district, the Development Services Director or designee shall find that:

a.

The use is either described and included in the zoning district or is comparable in intensity, including, but not limited to, generation of noise, dust, light, vibration, or traffic as other permitted uses within the same zoning district;

b.

The intensity of the use will not adversely affect other properties within the district;

c.

A favorable use interpretation shall not be unique to a single parcel or development and shall demonstrate suitability for all properties within the subject zoning district; or

d.

If there is more than one (1) principal use, all of the principal uses are permitted and that the combination of uses will not alter the basic land use characteristics of each principal use or create a different use which would otherwise be prohibited.

B.

Zoning Clearance

1.

This Chapter establishes procedures for conducting zoning clearance to ensure that each new or expanded use or structure complies with the applicable requirements of this Code.

2.

Zoning clearance is required for buildings or structures erected, constructed, altered, repaired or moved, which require a building permit, the use of vacant land, changes in the use of land or building, or for substantial expansions in the use of land or building.

3.

An application with the required fee shall be submitted which describes the use in detail and the manner in which it will comply with the specified condition.

4.

The Development Services Director or designee shall issue a written determination within ten (10) working days of submission of a completed application that the use or accessory use does or does not comply with the specified conditions. All determinations shall be maintained in the Development Services Department records.

C.

Administrative Relief

1.

The Development Services Director or designee may grant administrative relief to a property owner of up to ten percent (10%) of any development standard unless specifically restricted elsewhere in this ordinance if:

a.

An application by the property owner, on a form prescribed by the Development Services Director or designee, and fee has been submitted;

b.

Notice, by first class mail, postmarked at least ten (10) days prior to the determination to adjacent property owners;

c.

The proposed improvement requiring relief will not be detrimental to the property requesting relief or any adjacent property or the City;

d.

The relief granted is the minimum required to meet the needs of the proposed improvement; and

e.

The relief shall not be contrary to the purpose or intent of this ordinance.

f.

The relief shall be parcel specific for residential applications or development specific for non-residential applications and shall not be considered to establish precedent for other properties within the same zoning district.

2.

Any relief authorized by the Development Services Director or designee will be documented with findings consistent with the standards above and filed with the building permit records, subdivision case file, or other department files, as appropriate.

D.

Appeals. All decisions by the Development Services Director or designee performed in accordance with this Section may be appealed to the Board of Adjustment in accordance with the procedures prescribed in Section 35.6.209 Variances and Appeals, except any appeal of an interpretation made by the Development Services Director or designee shall be heard by the City Council.

A.

Purpose. Requests not subject to a legislative process as required by the provisions of this Code or state law may be processed administratively as set forth below. The purpose of requiring administrative review of such applications is to provide for appropriate review while at the same time allowing for expedited action on proposed conditions that might otherwise require a more extended legislative process.

B.

Applications. Applications subject to administrative approval shall be submitted to the Development Services Department on an official form provided by the Department. The application shall satisfy the submittal requirements as well as all pertinent ordinances and regulations. The application shall request sufficient information for the Department to determine if the proposal satisfies the requirements of all applicable ordinances, rules and regulations.

C.

Public notice requirements. No public notice is required for Administrative Review applications and decisions except for those conditions where the boundary of the property upon which the development is proposed is located within three hundred (300) feet of the boundary of any existing residential development; Public notice shall include notice of application and notice of decision as specified below.

1.

When required, public notice shall be provided by the City as follows:

a.

Notice of application within fourteen (14) days of the determination of completeness;

b.

The applicant shall post notice on or near the property with two (2) signs as specified by Section 35.6.204;

c.

Mailing notice to owners of property located within six hundred (600) feet of the subject property.

d.

A public comment period not less than thirty (30) days following the date of notice of application shall be provided.

D.

Notice of Decision

1.

The Development Services Director or designee shall review applications for administrative approval in accordance with all applicable ordinances, rules and regulations. If the Development Services Director or designee determines that the proposal is consistent with all applicable ordinances, rules and regulations, then the Development Services Director or designee shall grant approval and may impose conditions necessary to ensure that the proposal does not negatively impact the health, safety or general welfare of the citizens of Glendale. If Development Services Director or designee finds that the application cannot be administratively granted, the application shall be denied.

a.

The notice of decision shall be issued within twenty-one (21) days of the last day of the comment period.

b.

The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, made a written request for a notice of the decision or submitted substantive comments on the application.

E.

Appeal

1.

An applicant may file an appeal of the Administrative Review decision by submitting an Appeal Form. Such an appeal must be received by the Development Services Department no later than thirty (30) days following a decision on an application subject to an administrative action.

2.

A respondent shall completely and accurately fill out an Appeal Form and may provide supplemental information if so desired.

3.

Staff will review the Appeal Form for administrative completeness. An appeal of the Administrative Review decision will be scheduled for hearing before the Board of Adjustment within thirty (30) days after filing the appeal. The Appeal Form and supplemental information shall be transmitted to the Board of Adjustment for review at least one week prior to hearing.

4.

All appeals of the same administrative action shall be consolidated and presented to the Board of Adjustment as a single matter.

5.

The Board of Adjustment shall reverse the decision of the Development Services Director or designee only upon a finding that the decision was arbitrary, capricious, unreasonable or was not supported by the evidence presented to the Development Services Director by the applicant.

6.

The decision of the Board of Adjustment shall be provided to Staff following the hearing. Upon delivery to Staff, the decision shall become final and effective. Staff shall provide a copy of the Board of Adjustment decision to the applicant.

A.

Purpose. Within the City of Glendale, Design Review is comprised of two (2) administrative processes intended to promote high quality development that is compatible with its surroundings and is safe for both motorists and pedestrians, while also ensuring that all necessary public utilities and services are provided in an efficient and attractive manner.

B.

Applicability. Design Review is required for non-residential or multi-family residential development, or any single-family residential development comprised of five (5) or more lots if any one (1) of the following requirements is met:

1.

Any new development or construction.

2.

Any change in occupancy as classified by the City of Glendale Approved Building and Fire Codes.

3.

Any expansion of an existing site or building.

4.

Any exterior remodeling or improvement of an existing use that alters at least twenty percent (20%) of the exterior building elevations.

5.

Any exterior remodeling or improvement valued at fifty percent (50%) or more of the value of the existing improvements on the site.

6.

New or reinstated occupancy of any non-residential building or site which has been vacant for one (1) year or more.

7.

Any amendment to an approved concept review plan.

C.

Design Review, Waiver. Design Review Waiver requests are generally routine in nature and are often performed 'over-the-counter' depending on staff capacity. Such requests are intended to document minor changes to a site or building and are not subject to reviews by other City departments.

1.

Requests meeting the following criteria shall be available for design review waiver:

a.

External building modifications to existing non-residential and multi-family residential buildings, including:

i.

Change of color(s)

ii.

Change of building materials or façade treatment.

iii.

Change of roofing materials.

iv.

Addition of doors or windows. This specifically excludes the elimination of doors or windows since such a change would require Building Safety review.

v.

Modifications to an improved site, including, but not limited to:

(a)

Parking reconfiguration that does not change on-site circulation.

(b)

Landscape revision that does not reduce required landscaping below minimum requirement.

(c)

Modifications to permanent site signage structure color, materials, or orientation. This specifically excludes modifications to sign panels or content; such modifications shall comply with Section 35.4.300 Signage.

b.

Other requests as determined by the Development Services Director or designee, provided such request does not warrant review beyond the Development Services Department.

D.

Design Review, Minor. The Minor Design Review process is an administrative process. The intent of the Minor Design Review process is to ensure the alignment of a proposed development or significant modification with all applicable codes and ordinances.

1.

Requests meeting the following criteria shall be subject to Minor Design Review:

a.

New construction or site development, typically of less than ten (10) acres and comprised of fewer than five (5) buildings.

b.

Any exterior remodeling or improvement valued at less than fifty percent (50%) of the value of the existing improvements on the site.

c.

New or reinstated occupancy of any non-residential building or site which has been vacant for less than one (1) year.

d.

Modifications to a developed site that result in pedestrian or vehicular circulation changes.

e.

Building or site improvements that do not require review beyond the Development Services Department.

E.

Design Review, Major. Major Design Review requests are more complex and generally more impactful to the community due to factors such as high trip generation and types of trips, taller or more expansive elevations, and operational characteristics that could affect the quality of life for surrounding property owners.

1.

Applications meeting the Minor Design Review criteria and the following additional criteria shall be subject to Major Design Review.

a.

New construction or site development meeting any of the following:

i.

Greater than ten (10) acres, or

ii.

Comprised of five (5) or more buildings, or

iii.

An aggregate building area of one hundred thousand (100,000) square feet or more, or

iv.

Building height of forty (40) feet or greater when adjacent to existing single-family residential use.

b.

Any exterior remodeling or improvement of an existing use that alters at least twenty percent (20%) of the exterior building elevations.

c.

Any exterior remodeling or improvement valued at fifty percent (50%) or more of the value of the existing improvements on the site.

d.

New or reinstated occupancy of any non-residential building or site which has been vacant for one (1) year or more.

e.

Any amendment to an approved concept review plan.

f.

Any building or site modification defined as a Minor Design Review that requires additional City department or external agency review.

g.

Other potentially high-impact proposals as determined by the Development Services Director or designee.

2.

The Development Services Director or designee may waive Major Design Review if it is determined that such review will not further the intended purpose of this section.

F.

Submittal Requirements

1.

A Design Review application shall contain the items listed below. The following list may be modified on a case-by-case basis for Minor or Standard Design Review.

a.

Completed application form and fee.

b.

A fully-dimensioned and annotated site plan.

c.

Fully-dimensioned and annotated building elevations (all building elevations).

d.

A conceptual landscape and walls plan.

e.

Preliminary grading and drainage plan.

f.

Materials and colors exhibit board, photos and images only (no materials samples).

g.

Proposed signage location and thematic elements.

2.

The technical information to be included with these items along with the appropriate number of copies of each is described in the application guidelines provided by the Development Services Department.

3.

Additional information may be required depending on the scale and scope of the project.

G.

Review and Approval. As applicable based on the Design Review type, the Development Services Director or designee in association with other city departments as applicable shall make the following findings in their evaluation of a project:

1.

The proposed development complies with the provisions of this ordinance and all applicable ordinances, master plans, and standards of the City of Glendale.

2.

The proposed development promotes a functional relationship of structures to one another, to open spaces, and to topography both on the site and in the surrounding neighborhood.

3.

The height, location, materials, color, texture, area, setbacks, and mass, as well as parts of any structure (buildings, walls, signs, lighting, etc.) and landscaping, is appropriate to the development, the neighborhood, and the community.

4.

Ingress, egress, on-site parking and circulation, loading and service areas, and pedestrian ways, are so designed to promote safety and convenience.

5.

The architectural character of the proposed structures is complementary with other buildings and predominant features within the area and of an architectural character desired for the City; avoiding excessive variety or monotonous repetition.

6.

All mechanical equipment, appurtenances and utility lines are concealed from view and integral to the building and site design.

H.

Denial and Appeal Procedure

1.

If the Development Services Director or designee, finds that the proposed project has not properly addressed one (1) of the review criteria listed in Section 35.6.212(G) of this article, and adequate resolution of the issue(s) cannot be ensured by the applicant, the Development Services Director or designee, shall deny the Design Review Application and state the reasons for the denial in a letter to the applicant.

2.

The applicant may appeal the Development Services Director or designee decision to the Planning Commission if that appeal is made in writing to the Development Services Director or designee within fifteen (15) days of the decision. The appeal letter shall describe the unresolved issues and describe what design solutions are proposed by the applicant. The applicant shall be notified of the date of the Planning Commission meeting to consider the appeal, a minimum of fifteen (15) days prior to the public meeting.

I.

Period of Approval. Design review approval shall be valid for a period of one (1) year from the date of approval and shall become invalid if a building permit has not been issued in that time. Up to an additional one (1) year may be granted by the Development Services Director or designee upon written request by the applicant. The Development Services Director or designee shall grant the extension only upon a finding that special circumstances prevented the applicant from obtaining a building permit, and that no changes in City ordinances have occurred which would significantly alter the previous design review approval.

A.

Purpose. The City of Glendale recognizes that certain uses which may be appropriate in certain zoning districts may be allowed on a temporary basis. The Temporary Use Permit will regulate uses which are semi-permanent in nature. It is the intent to provide for certain temporary uses for limited periods of time. Allowing temporary uses is not intended to permit uses otherwise prohibited by the Zoning Ordinance or to allow permanent uses to be established. The purpose of this section is to establish the procedures and outline the review criteria to be used by the Development Services Director or designee when considering an application for a Temporary Use Permit. All Temporary Uses shall be conducted so as not to be detrimental to health, safety, and welfare of the surrounding properties and shall be subject to the standards and regulations contained in this Code. Every Temporary Use on private property shall require a Temporary Use Permit.

1.

Permitted Temporary Uses. The City may grant a Temporary Use Permit for any of the following uses.

a.

Temporary municipal uses.

b.

Such other uses as the City may deem to be within the intent and purpose of this section.

c.

Donation/Recycling Drop-Off Boxes. Donation/Recycling Drop-Off Boxes are allowed on churches, public and private schools, City parks, police and fire stations, other City facilities and on property zoned for this purpose.

B.

Application. A property owner, donation drop box owner/operator, or duly authorized agent may submit an application for a Temporary Use Permit. The applicant shall obtain the official application materials from the City. Submittal requirements shall be as outlined on the official form and any other requirements that the City deems necessary to understand the proposal, including a Site Plan. The applicant shall submit the official application and associated materials, together with the applicable fee, to the City. Temporary Uses which, in the opinion of the City, meet all the following criteria shall not require posting:

1.

The use and/or structure complies with all applicable codes and Ordinances;

a.

The use and/or structure does not interfere with pedestrian access ways, fire lanes, driveway entrances, or traffic visibility at driveways or street intersections;

b.

Parking on the property is adequate to serve any existing permanent use and the temporary use;

c.

The temporary use shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m., excluding Donation/Recycling Drop-Off Boxes; and,

d.

The City Traffic Engineer or functional equivalent, or designee of that official, approves vehicular access for the proposed temporary use.

C.

Review and Approval. Application for a Temporary Use Permit shall be reviewed by the Development Services Department who shall approve, conditionally approve, or disapprove the application. Approval shall be given only when in the judgment of the City such approval is consistent with the intent and purpose of this section. In considering the application, the City may include, but are not be limited to, the following conditions:

1.

Regulation of parking, dust control measures, and site lighting.

2.

Regulation of hours of operation.

3.

Regulation of site ingress and egress.

4.

Assurance of compliance with building, fire, electrical, and all other appropriate codes.

5.

Such other conditions deemed necessary to carry out the intent and purpose of this section.

6.

All signage proposed for the temporary use or event shall be in compliance with Section 35.4.300. All signage shall obtain a separate sign permit.

7.

The Division shall notify the applicant, in writing, of the decision to approve or deny the application, and shall state any conditions for approval or reasons for denial.

8.

Issuance of Permits. To be issued a permit, the applicant shall sign an agreement with the City stating that within seventy-two (72) hours of cessation of the use or expiration of the permit, whichever occurs first, the site shall be restored to the same condition prior to commencement of the temporary use.

9.

Time Limits and Renewal of Permits. All Temporary Use Permit approvals shall be subject to a time limit as set forth by the City.

10.

Temporary Use Permits for Donation/Recycling Drop-Off Boxes may be permitted for a renewable duration not to exceed three (3) years, or as determined by the City. Each renewal requires a new Temporary Use Permit application and fee.

11.

All other Temporary Use Permits shall be limited to a maximum of thirty (30) consecutive days per event, and the cumulative total of all Temporary Uses shall not exceed ninety (90) days per calendar year per lot. A maximum of twelve (12) Temporary Use Permits shall be granted per lot or complex per calendar year.

12.

Each occurrence of a Temporary Use and each distinct Temporary Use on a property shall require separate submittal and approval of a Temporary Use Permit Application.

A.

General

1.

An application to establish Historic Preservation Districts shall be filed as provided by Section 35.6.202.

2.

The Historic Preservation Officer shall compile and transmit to the Historic Preservation Commission a report on the property in the application, including the location, condition, age, historical features, and other relevant features and information, with a recommendation to grant or to deny the application and the reasons for the recommendation.

3.

The Historic Preservation Commission shall set a date for public hearing on the application. Notice of the hearing shall be sent by first class mail to the property owner(s) and to the applicant at least fifteen (15) days prior to the hearing. The notice shall clearly state the implications of historic preservation zoning to the property owner(s). Notice of the hearing shall be posted fifteen (15) days prior to the hearing, on or near the property in one (1) or more locations so that the notice is visible to persons living or working in the neighborhood and to persons passing through the neighborhood. If the application to establish a Historic Preservation District is filed by someone other than the property owner(s), written notice shall be sent by first class mail to the property owner(s) within ten (10) days of application having been made.

4.

The Historic Preservation Commission shall evaluate each parcel of property within an area that is included in the application for a demonstrated quality of significance in local, regional, state or national history, architecture, archaeology, engineering or culture, and integrity of location, design, setting, materials, workmanship, feeling, and association according to the following criteria:

a.

It is associated with events or persons that have made significant contribution to the broad patterns of Glendale's history; and/or

b.

It embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values; and/or

c.

It has yielded or may be likely to yield information important in the understanding of the prehistory or history of the City of Glendale; and/or

d.

It is at least fifty (50) years old, or has achieved significance within the past fifty (50) years if the property is of exceptional importance.

5.

The Historic Preservation Commission shall, when applying the evaluation criteria in Paragraph 4 above, draw the boundaries of a Historic Preservation District as carefully as possible to ensure that:

a.

The district contains documented historic, architectural or archaeological resources;

b.

The district boundaries coincide with documented historic boundaries such as early roadways, canals, subdivision plats, or property lines;

c.

The district boundaries coincide with logical physical or manmade features and reflect recognized neighborhood or area boundaries; and

d.

Other, non-historic resources or vacant land is included where necessary to create appropriate boundaries. Inclusion of these non-historic resources is important to ensure the maintenance of the historic streetscape and avoid insensitive construction and demolitions adjacent to contributing properties.

6.

The Historic Preservation Commission shall also review proposed exterior design guidelines for the district to ensure that distinctive features will be preserved and enhanced. The design guidelines shall address height, proportions, scale, materials, relationship of building masses and spaces, roof shape, and site improvements, such as landscaping, parking, and signage, as they relate to the identity of the Historic Preservation District. Exterior paint colors will not be included in these guidelines. These guidelines shall be adopted at the time of designation.

7.

Following the hearing, the Historic Preservation Commission shall transmit to the Planning Commission the HP Commission's decision, report, and recommendations.

8.

The process for establishing a Historic Preservation District shall then proceed in accordance with Section 35.6.202.

9.

The procedure to remove the Historic Preservation District designation from property shall be the same as that required to establish it.

B.

Temporary Restraint of Demolition. A process is established for the review of proposed demolitions of structures which are located in areas where an application for Historic Preservation District designation is under consideration.

1.

A demolition permit shall not be issued for any property under application for Historic Preservation District zoning unless first approved by the Historic Preservation Officer, the Historic Preservation Commission, or the City Council on appeal. This shall apply from the time the application is filed or initiated until final action is taken on the application by the City Council. This period shall not exceed one (1) year. Requests for demolition permits shall be referred to the Historic Preservation Officer.

2.

The Historic Preservation Officer may administratively grant approval if the subject building clearly is of minimal historic or architectural significance because of its location, condition, modifications, or other factors, and its demolition will be inconsequential to the historic preservation needs of the area.

3.

If the Historic Preservation Officer finds that the subject property does not clearly meet the conditions set forth in Subsection A of this section, the request for demolition shall be scheduled for public hearing before the Historic Preservation Commission to allow the commission to determine if the factors allowing for demolition have been met and for consideration of economic hardship factors.

4.

The Historic Preservation Commission shall review the decision of the Historic Preservation Officer in light of the evidence presented at the hearing. At the hearing, the HP Commission shall either grant or deny the request. The request shall be granted only if the applicant demonstrates that:

a.

The building is of minimal historic or architectural significance because of its location, condition, modifications, or other factors, and its demolition will be inconsequential to the historic preservation needs of the area; or

b.

The denial of the demolition permit will result in an economic hardship to the property owner according to Section 35.2.1006(E) of this ordinance.

5.

The Historic Preservation Commission shall conduct a public hearing within sixty (60) days of the date of the formal request for a demolition permit. Notice of the application shall be posted on the property at least fifteen (15) days before the hearing. The request shall be deemed approved if the initial hearing by the HP Commission is not held within the required sixty (60) days or if the HP Commission has not made a final decision within one hundred eighty (180) days of the formal request for a demolition permit.

6.

The Historic Preservation Commission's decision shall be final unless appealed by either the applicant or any aggrieved person within seven (7) working days of the action. If appealed, the matter shall be set for a public hearing before the City Council at their next available meeting. Notice of the hearing shall be posted on the property fifteen (15) days prior to the hearing. The City Council shall limit its review of the case to the record of the HP Commission; as established by the staff report, any exhibits, minutes and/or transcripts, and any audio/visual tape of the proceedings. New testimony will not be accepted for consideration; however, each side may make a limited presentation on the evidence in the record of the HP Commission. Such presentation shall be limited to a maximum of five (5) minutes per side unless greater time is granted by the Mayor. Except as otherwise provided in this article, City Council members who review written communications or engage in verbal communications which are not part of the HP Commission's record shall disclose any such communications during the appeal public hearing. The City Council must make its decision within sixty (60) days of the filing of an appeal or the application is deemed approved. At this public hearing, the City Council may do one (1) of the following:

a.

Affirm the decision of the Historic Preservation Commission;

b.

Reverse the decision of the Historic Preservation Commission; or

c.

Remand the application to the Historic Preservation Commission for reconsideration.

7.

In the event demolition approval is denied, no permit for demolition shall be issued for one (1) year from the date of the Historic Preservation Commission's initial hearing on the subject property unless a subsequent demolition approval has been requested and granted. If Historic Preservation District zoning has not been placed on the property at the time of expiration of the one (1) year, the Historic Preservation Officer shall grant demolition approval.

8.

At the time of adoption of Historic Preservation District zoning, the temporary restraint of demolition and any stays of demolition in effect shall expire. Demolition at that time shall be regulated by Section 35.2.1006(F) of this ordinance.

9.

Demolition approval may be conditioned on stipulations which provide for rights of access to the property for the purposes of documentation or for agreed upon removal of artifacts.

10.

A request for a demolition permit shall be exempt from these requirements if the Building Safety Director determines, and the Historic Preservation Officer has been notified in writing, that the building currently is an imminent hazard to the public safety and that necessary repairs would be impractical.

The purpose of this section is to define the requirements for the housing needs assessment and annual report pursuant to A.R.S. § 9-469 and to support the city's effort in addressing housing needs and growth. The regulations in this section are in addition to other codes and requirements of the city. All requirements will be submitted by dates established in state statutes.

A.

The City shall publish a housing needs assessment every five (5) years detailing any deficiencies in housing the existing population and workforce, population and job growth projections, and the housing needs across all income levels. The housing needs assessment shall include:

1.

The total population growth projected for the subsequent five-year period.

2.

The total job growth projected for the subsequent five-year period.

3.

The total amount of residentially zoned land with detail on land zoned as single-family and multifamily.

4.

The total need for additional residential housing units for rent and for sale in the City to meet:

a.

Any deficiencies in housing the existing population.

b.

Any deficiencies in housing the existing workforce.

c.

Population growth projections.

d.

Job growth projections.

e.

Housing needs across all various income levels.

B.

The City shall submit an annual report to the Arizona department of housing detailing the total number of proposed residential housing units and total number of net new residential housing units submitted to the City, total number of new residential units that are entitled and have been platted, issued a building permit, and received a certificate of occupancy. The annual report shall include:

1.

The number of housing development applications received in the prior year.

2.

The number of lots and multifamily units included in all development applications in the prior year.

3.

The number of lots and multifamily units approved and disapproved or otherwise not approved in the prior year.

4.

A threshold percentage requirement of multifamily zoned land versus single-family zoned land needed to meet population demand.

5.

The status and progress in meeting the City's housing needs.

6.

A plan that specifies how the city intends to satisfy the identified need for additional housing units within the City.

(Ord. No. O25-10, § 1, 3-25-25)