Unified Land Development Code - Town of Gilbert

LAND USE ADMINISTRATION
1. Neither the Board nor the Zoning Administrator shall make any changes in the uses permitted
in any zoning classification or zoning district, or make any changes in the terms of the zoning
ordinance provided the restriction in this Subparagraph shall not affect the authority to grant
variances pursuant to this Section.
2. The Board shall hear and decide appeals in which it is alleged there is an error in an order,
requirement or decision made by the Zoning Administrator in the enforcement of this Code.
The Board may reverse or affirm, wholly or partly, or modify the order, requirements, or
decision of the Zoning Administrator appealed from, and make such order, requirement,
decision or determination as necessary.
E. The Zoning Hearing Officer may, upon review of the facts of the application, determine that the case
merits review by the full Board of Adjustment. He shall file a written determination stating the reasons
for referring the matter to the Board. Staff shall schedule the matter for hearing at the next available
Board of Adjustment meeting.
7.33 Applications for variances.
Requests for variance from the terms of the zoning regulations shall be in the form of a written application
filed with the Zoning Administrator, and shall be accompanied by:
A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with
ground plans and elevation of all proposed buildings; together with estimate of cost.
B. Data to indicate why, in the applicant's opinion, there are special circumstances applicable to this
property, including its size, shape, topography, location or surroundings that in a strict application of
the Code would deprive such property of privileges enjoyed by other property of the same
classification in the same zoning district.
C. Data to indicate that the requested variance does not constitute a grant of special privileges inconsistent
with limitations upon other properties in the vicinity and zone in which this property is located.
D. Information to indicate that the special circumstances applicable to the property were or are not selfimposed
by the property owner.
E. Satisfactory evidence of the ability and intention of the applicant to proceed with actual construction
work in accordance with said plans within six (6) months after issuance of the vanance.
F. A filing fee, as established by appropriate Council Resolution.
G. From the time of filing until the time of such hearing, the application and all maps, plans, and other
accompanying data shall be available for public inspection during office hours at the office of the
Zoning Administrator.
Ch. I, Pg. 361