Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.030 Establishment of zoning district.
17.04.040 Boundaries established—Zoning district map.
17.04.060 Relationship to the existing zoning, subdivision, sign, and design standards.
17.04.070 Relationship to the Glendale land use master plan.
17.04.080 Application of regulations.
17.04.010 Title.
The regulations codified in this title shall be known and may be cited as the zoning code of the city of Glendale. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.020 Purpose.
This code is drawn in accordance with the Glendale land use master plan and is designed for the purpose of promoting the health, safety, convenience and welfare of the citizens of Glendale and the businesses within the community. The purpose of the code is to continue to provide a diverse array of housing, retail, office and civic uses. To this end, the citizens of Glendale wish to continue to develop land uses that result in a truly mixed use urban village. This means balancing residential uses, retail uses, office and civic uses to ensure a sustainable community and desirable quality of life for those seeking a safe urban environment. Furthermore, the city wishes to accommodate diverse businesses and housing opportunities to create additional choices in seeking employment, education and housing for residents. This code is intended to support the concept of developing an urban neighborhood that provides a unique blend of work, shopping and living opportunities for its residents by promoting pedestrian uses, providing adequate light and air, encouraging the most appropriate use of land, and conserving the value of property in accordance with the Glendale land use master plan, including any addendums or amendments to the plan. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.030 Establishment of zoning district.
In order to carry out the provisions of this title, the city is designated as PUDD (Planned Unit Development District) with areas designated as Regional Retail and Commercial or Urban Neighborhood. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.040 Boundaries established—Zoning district map.
A. The location of the zoning districts established are shown on the map entitled “Zoning District Map of Glendale,” included in Chapter 17.15 and is made, along with an explanation thereof, a part of this title by reference and is on file in the office of the City Clerk.
B. Except where otherwise indicated, zoning district boundaries follow municipal corporation limits, lot lines, or right-of-way lines, or extensions thereof.
C. The zoning district map shall be attested by the City Clerk and shall bear the seal of the city and the date of adoption.
D. The map of zoning districts included with this code in Chapter 17.15 is provided for the convenience of the reader; however, it shall not be considered the official zoning district map of the city and may not include recent zoning district changes. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.050 Authority.
The Glendale zoning code is authorized by Colorado Constitution Article XX; Title 31, Article 23, Section 301 et seq., of the Colorado Revised Statutes; and Chapter 10, Section 10.8 of the Charter for the city, and is declared to be in accordance with all provisions of the statutes and the Charter. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.060 Relationship to the existing zoning, subdivision, sign, and design standards.
To the extent that the provisions of this code are the same in substance as the previously adopted provisions that they replace in the city’s zoning, subdivision, sign, and design standards, they shall be considered as continuations thereof and not as enactments unless otherwise specifically provided. Any situation that did not constitute a lawful, nonconforming building or site under a previously adopted zoning code does not achieve lawful nonconforming status under this code. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.070 Relationship to the Glendale land use master plan.
It is the intent of the City Council that this code implement the planning principles, policies and performance standards adopted by the City Council as reflected in the Glendale land use master plan and other related plans and planning documents. The City Council reaffirms its commitment that this code and any amendment to it be in conformity with the adopted planning policies. No such application shall be approved if not in conformance with the Glendale land use master plan, and such failure shall be a reasonable ground for denial of the application. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.080 Application of regulations.
A. Application to Developments in Process. All site developments initiated on and after May 1, 2018, shall be reviewed pursuant to the review process and standards set forth in this title, as revised by Ordinance 2, Series of 2018, and effective on that date. All site developments submitted for review prior to May 1, 2018, shall be reviewed pursuant to the process and under the criteria set forth in applicable portions of this code in force prior to the effective date of Ordinance 2, Series of 2018.
B. No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building, or structure be used for any purpose other than as provided for among the uses hereinafter listed in the Planned Unit Development District (PUDD).
C. No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the dimensional regulations, district development standards and supplementary regulations or other provisions hereinafter provided in the Planned Unit Development District regulations.
D. No yard, setback, frontage, or other open space on one (1) lot shall be considered as providing a yard, setback, frontage, or open space for a building on any other lot for the purpose of complying with the provisions of this code.
E. The general requirements and development standards of this code shall apply to all uses in all the city of Glendale as follows:
1. New buildings and uses of land.
2. Additions involving expansion of the gross floor area or developed site area by twenty percent (20%) or more above that in existence prior to the effective date of the ordinance codified in this code.
3. A change of use.
F. Prior to issuance of a building permit, special review use permit, or granting of a change in use the applicant shall demonstrate that the property will comply with all applicable regulations in this code.
G. All buildings, parking areas, landscaping, signs, and other improvements addressed by the development standards in this code shall be constructed and installed in accordance with the approved plans prior to issuance of a certificate of occupancy for the building or use.
1. The Zoning Administrator may allow certain improvements to be constructed or installed within an agreed-upon time allowing for seasonal changes. Such arrangements may involve performance bonds or other methods as deemed appropriate by the Zoning Administrator to assure eventual compliance with this code.
2. The Zoning Administrator may permit a permitted use or temporary use, not listed in this code; provided, that such use is of the same general type as the uses permitted by this title and such use is approved by the city Planning Commission and City Council.
H. Every building shall be located and maintained on a “lot” as defined in this code.
I. No parcel of land which has less than the minimum width, depth and area requirements for the zone in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot.
J. Each lot or parcel in separate ownership shall have at least twenty-five (25) lineal feet of frontage on a public street. Each principal building devoted wholly or in part to residential use shall be located on a lot contiguous to a public street with permanent access to the public street sufficient to allow ingress and egress for emergency vehicles providing emergency services to the principal building.
K. No lot area, yard, open space, or loading area which is required by this code for one (1) use shall be used to meet the required lot area, yard, open space, or loading area of another use.
L. The regulations, requirements, limitations and provisions of this title shall not apply to developments and/or public utilities owned, leased, and/or operated by the city of Glendale or the Glendale water and wastewater enterprises. This provision shall also include developments, public improvements and/or public utilities funded either partially or fully by the city of Glendale if located on any publicly owned property or rights-of-way. (Ord. 2018-2 § 1 (part): Ord. 2017-2 § 1; Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 2006-3 § 1; Ord. 1997-13 § 1 (part))
17.04.090 Vested rights.
A. For all site developments, the final approval step, irrespective of its title, which occurs prior to building permit shall be considered the “site-specific development plan” for purposes of Article 68 of Title 24, C.R.S.
B. In the event an applicant for site development approval wishes said approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the applicant must so request, in writing, at least thirty (30) days prior to the date said approval is to be considered, accompanied by the owner’s proposed form of notice of the creation of the vested property right.
C. In the event amendments to a site-specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site-specific development plan, unless the City Council specifically finds to the contrary and incorporates such finding in its approval of the amendment.
D. Nothing in this section is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed, and the provisions hereof no longer effective.
E. If the period contemplated by this section for a site-specific development plan had not expired by March 2020 but ran concurrently with the period of one (1) year following the pandemic emergency as proclaimed by the Mayor on March 19, 2020, then an additional two (2) years shall be added to the period contemplated in this section. (Ord. 2021-3 § 1; Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.100 Interpretation.
A. In the application and interpretation of the provisions of this code, the provisions of this code shall be held to be the minimum requirements.
B. The Zoning Administrator or his authorized representative shall be charged with the enforcement and interpretation of the intent of all provisions of this code. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.04.110 Enforcement.
A. It is unlawful to erect or construct any building subject to the city building code unless the street giving access to the lot or parcel upon which building is proposed to be placed shall have been dedicated to the city as a public right-of-way, unless specifically excepted by this section or other city ordinances.
B. No permits shall be issued by any administrative officer of the city for the construction of any building, or other improvements requiring a permit, upon any unplatted land, unless and until the requirements hereof have been complied with.
C. No building or construction permit shall be issued prior to approval of the final plan, unless the property has been specifically exempted from the development process by definition or by official action of the City Council.
D. No site development shall be approved by the City Council unless all delinquent taxes and special assessments thereon have been paid, and unless such property is classified in the appropriate zoning district as defined in this chapter. (Ord. 2018-2 § 1 (part): Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))