Chapter 1 Zoning
Code
Chapter 2 Floodplain
Zoning
Chapter 3 Shoreland-Wetland
Zoning
Chapter 4 Historic
Preservation Zoning Designation
13.1.1 Authority
13.1.2 Title
13.1.3 General
Purpose
13.1.4 Intent and Purposes in View
13.1.5 Abrogation
and Greater Restrictions
13.1.6 Interpretation
13.1.7 Severability
and Non-liability
13.1.8 Repeal
and Effective Date
13.1.9 Temporary Overlay
Zoning for Certain Properties Adjacent to
13.1.10 Jurisdiction
and General Provisions
13.1.11 Use
Regulations
13.1.12 Site
Regulations
13.1.13 Height
and Area Exceptions
13.1.14 Reduction
or Joint Use
13.1.15 Screens
and Buffers
13.1.16
13.1.17 Additional
Restrictions; Building Site Area; Regulations and Population Density
Limitations
13.1.18 Through
13.1.19 Reserved
for Future Use
13.1.20 Establishment
of Districts
13.1.21 Vacation
of Streets; Annexations
13.1.22 Zoning
Map
13.1.23 Rules
for Interpretation of District Boundaries
13.1.24 R-1
Residence District
13.1.25 R-2
Residence District
13.1.26 R-3
Residence District
13.1.27 R-4
Residence District
13.1.28 R-5
Residence District
13.1.29 R-6
Residence District
13.1.30 R-7
Residence District
13.1.31 R-7A
Residence District
13.1.32 R-8
Residence District
13.1.33 P-1
Parking District
13.1.34 B-1
Local Business District
13.1.35 B-2
Community Business District
13.1.36
13.1.37 B-4
Office-Research-Service Business District
13.1.37.5 B-5
Business-office zoning district
13.1.38 S-1
Special (Institutional) District
13.1.39 M-1 Warehouse, Light
Manufacturing, Office and Service District
13.1.40 C-1
Conservancy District
13.1.41 Through
13.1.49 Reserved
for Future Use
13.1.50 Purpose
of the PD Planned Unit Development District
13.1.51 General
Provisions for PD District
13.1.52 Criteria
for Approval
13.1.53 Procedural
Requirements for Planned Unit Developments
13.1.54 Basis for Approval
of the Petition for Planned Unit Development
13.1.55 Recording
and Implementation Plan
13.1.56 TO ALTERNATIVE PLANNED UNIT
DEVELOPMENT DISTRICT FOR
13.1.59 TRADITIONAL NEIGHBORHOOD DEVELOPMENT
13.1.60 Statement
of Purpose -- Conditional Uses
13.1.61 Authority
of the Plan Commission; Requirements
13.1.62 Initiation
of Conditional Use
13.1.63 Application
for Conditional Use
13.1.64 Hearing
on Application
13.1.65 Notice
of Hearing on Application
13.1.66 Standards
-- Conditional Uses
13.1.67 Denial
of Conditional Use Permit
13.1.68 Appeals
13.1.69 Conditions
and Guarantees
13.1.70 Validity
of Conditional Use Permit
13.1.71 Complaints
Regarding Conditional Uses
13.1.72 Through 13.1.79 Reserved for
Future Use
13.1.80 Existing
Nonconforming Uses and Structures
13.1.81 Abolishment
or Replacement
13.1.82 Existing
Nonconforming Structures
13.1.83 Changes
and Substitutions
13.1.84 Lots
of Nonconforming Width
13.1.85 Undersized
Blocks
13.1.86 Yard or Building
Setback Line Exceptions for Major Streets and Highways
13.1.87 Frontage and Setback
Provisions for Lots Abutting the
13.1.88 Through
13.1.89 Reserved
for Future Use
13.1.90 Traffic
Visibility
13.1.91 Loading
Requirements
13.1.92 Parking
Requirements
13.1.93 Highway
Access
13.1.94 Through 13.1-99 Reserved
for Future Use
13.1.100 THROUGH 13.1.119 Reserved
for Future Use
13.1.120 Article
Intent
13.1.121 Vibration
13.1.122 External
Lighting, Glare and Heat
13.1.123 Control
of Odors
13.1.124 Control
of Particulate Emissions and Dust
13.1.125 Control
of Hazardous Air Pollutants and Emissions
13.1.126 Water
Quality Standards
13.1.127 Noise
13.1.128 Control
of Fire and Explosive Hazards
13.1.129 Control
of Fire and Explosive Hazards
13.1.130 Regulation
of Satellite, Radio and Television Antennas
13.1.131 Special
User Permits Required -- Wind Energy Systems
13.1.132 Permit
Procedure -- Wind Energy Systems
13.1.133 Specific
Requirements Regarding Wind Energy Systems
13.1.134 Through 13.1.139 Reserved
for Future Use
13.1.140 Accessory Uses or
Structures, PORTABLE STORAGE STRUCTURES AND DONATION DROP-OFF BOXES
13.1.141 Outside
Storage of Firewood
13.1.142 Fences
and Hedges
13.1.143 Swimming
Pools
13.1.144 Garbage Storage
Facilities, Portable Lavatories, Site Maintenance, AND DUMPSTERS IN RESIDENTIAL
ZONING DISTRICTS
13.1.145 REGULATION OF OUTDOOR FIXTURES.
13.1.146 Through 13.1.149 Reserved
for Future Use
13.1.150 Prohibited
Uses
13.1.151 Purpose
and Intent of Article
13.1.152 Definitions
13.1.153 Book
Sales
13.1.154 Motion
Pictures and Mini-Motion Displays
13.1.155 Cabarets
13.1.156 Sexual
Devices Stores
13.1.157 Exceptions
to Requirements of this Article
13.1.158 Through 13.1.169 Reserved for Future Use
13.1.170 General
Administrative System
13.1.171 Zoning
Administrator
13.1.172 Role
of Specific City Officials in Zoning Administration
13.1.173 Certificate
of Compliance Required
13.1.174 Site
Plan Approval
13.1.175 Violations
and Penalties
13.1.176 Through 13.1.179 Reserved
for Future Use
13.1.180 Authority
13.1.181 Initiation
of Changes and Amendments
13.1.182 Procedure
for Changes and Amendments
13.1.183 Protest
13.1.184 Through 13.1.189 Reserved
for Future Use
13.1.190 Appeals
to the Zoning Board of Appeals
13.1.191 Applications
for Hearings
13.1.192 Hearings
13.1.193 Decisions
and Dispositions of Cases
13.1.194 Variances
13.1.195 Review
by Court of Record
13.1.196 Through 13.1.198 Reserved
for Future Use
13.1.200 Definitions
ARTICLE A
This Chapter is
adopted under the authority granted by Sections 62.23(7) and 87.30 of the
Wisconsin Statutes and amendments thereto.
State
Law Reference: Sections 61.35 and
62.23(7),
This Chapter shall be
known as, referred to and cited as the "Zoning Code,
The purpose of this
Chapter is to promote the comfort, health, safety, morals, prosperity,
aesthetics and general welfare of the people of the City of Glendale,
Wisconsin.
The general intent
and purposes in view of this Chapter are to regulate and restrict the use of
all structures, lands and waters and to:
(a)
Promote and
protect the comfort, public health, safety, morals, prosperity, aesthetics and
[general welfare of the people;
(b)
Divide the
City into zones or districts restricting and regulating therein the location,
erection, construction, reconstruction, alteration and use of buildings,
structures and land for residence, business and manufacturing and other
specified uses;
(c)
Protect the
character and the stability of the residential, business, manufacturing and
other districts within the City and to promote the orderly and beneficial
development thereof;
(d)
Regulate lot
coverage, the intensity of use of lot areas and the size and location of all
structures so as to prevent overcrowding and to provide adequate sunlight, air,
sanitation and drainage;
(e)
Regulate
population density and distribution so as to avoid sprawl or undue
concentration and to facilitate the provision of adequate public services,
utilities and other public requirements;
(f)
Regulate
parking, loading and access so as to lessen congestion in and promote the
safety and efficiency of streets and highways;
(g)
Secure safety
from fire, panic, flooding, pollution, contamination and other dangers;
(h)
Stabilize and
protect existing and potential property values and encourage the most
appropriate use of land throughout the City;
(i)
Preserve and
protect the beauty of the City of
(j)
To prohibit
uses, buildings or structures incompatible with the character of development or
intended uses within specified zoning districts;
(k)
To provide for
the elimination of nonconforming uses of land, buildings and structures which
are adversely affecting the character and value of desirable development in
each district;
(l)
Prevent and
control erosion, sedimentation and other pollution of the surface and
subsurface waters;
(m)
Further the
maintenance of safe and healthful water conditions;
(n)
Prevent flood
damage to persons and property and minimize expenditures for flood relief and
flood control projects;
(o)
Provide for
and protect a variety of suitable commercial and industrial sites;
(p)
Protect the
traffic-carrying capacity of existing and proposed arterial streets and
highways;
(q)
Implement
those municipal, county, watershed and regional comprehensive plans or
components of such plans adopted by the City of
(r)
Provide for
the administration and enforcement of this Chapter; and to provide penalties
for the violation of this Chapter.
It is not intended by
this Chapter to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, rules, regulations or
permits previously adopted or issued pursuant to law. However, whenever this
Chapter imposes greater restrictions, the provisions of this Chapter shall
govern.
In theft
interpretation and application, the provisions of this Chapter shall be held to
be minimum requirements and shall be liberally construed in favor of the City
and shall not be construed to be a limitation or repeal of any other power now
possessed by the City of
(a)
If any
section, clause, provision or portion of this Chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this Chapter shall not be affected thereby.
(b)
If any
application of this Chapter to a particular structure, land or water is
adjudged unconstitutional or invalid by a court of competent jurisdiction, such
judgment shall not be applicable to any other structure, land or water not
specifically included in said judgment.
(c)
The City does
not guarantee, warrant or represent that only those areas designated as
floodlands will be subject to periodic inundation and hereby asserts that there
is no liability on the part of the City of Glendale, its agencies or employees
for any flood damages, sanitation problems or structural damages that may occur
as a result of reliance upon and conformance with this Chapter.
All other ordinances
or parts of ordinances of the City inconsistent or conflicting with this
Chapter, to the extent of the inconsistency or conflict only, are hereby
repealed.
THIS PAGE INTENTIONALLY LEFT
BLANK
ARTICLE
B
(a)
Jurisdiction.
The jurisdiction of this Chapter shall apply to all structures, lands, water
and air within the corporate limits of the City of
(b)
Compliance.
No new structure, new use of land, water or air or change in the use of land,
water or air shall hereafter be permitted and no structure or part thereof
shall hereafter be located, erected, moved, reconstructed, extended, enlarged,
converted or structurally altered without full compliance with the provisions of
this Chapter and all other applicable local, county and state regulations.
(c)
District Regulations to be Complied With. Except as otherwise provided, the use and height of
buildings hereafter erected, converted, moved, enlarged or structurally altered
and the use of any land shall be in compliance with the regulations established
herein for the district in which such building or land is located.
(d)
One
Only the following
uses and their essential services may be allowed in any zoning district:
(a)
Permitted Uses.
Permitted uses, being the principal uses, specified for a zoning district.
(b)
Accessory Uses.
Accessory uses and structures as specified are permitted in any district but
not until their principal structure is present or under construction.
(c)
Conditional Uses.
(1)
Classes of
Conditional Uses. Conditional uses may be either denominated
"regular" or "limited."
(2)
General
Conditional Use Provisions. Provisions applicable to conditional uses
generally:
a.
Conditional
uses and their accessory uses are considered as special uses requiring, for
their authorization, review, public hearing and approval by the Plan Commission
in accordance with Article E of this Chapter excepting those existent at time
of adoption of the Zoning Code.
b.
Those existing
uses which are classified as "conditional uses" for the district(s)
in which they are located at the time of adoption of this Code require no
action by the Plan Commission for them to continue as valid conditional uses,
and the same shall be deemed to be "regular" conditional uses.
c.
Proposed
change from permitted use in a district to a conditional use shall require
review, public hearing and approval by the Plan Commission in accordance with
Article E of this Chapter.
d.
Conditional
use(s), when replaced by permitted use(s), shall terminate. In such case(s),
the reestablishment of any previous conditional use(s), or establishment of new
conditional use(s) shall require review, public hearing and approval by the
Plan Commission in accordance with Article E of this Chapter.
e.
Provisions in
this Chapter relating generally to Conditional Uses shall, except when in
conflict with specific provisions relating to either regular or limited
conditional uses (which specific provisions would then control) shall be deemed
to be applicable to both regular and limited conditional uses.
(3)
Specific
Regular Conditional Use Provisions.
Provisions applicable specifically to regular conditional uses:
a.
Regular
conditional uses, either allowed by action of the Plan Commission or existent
at time of adoption of this Code, shall be non-lapsing, shall survive vacancies
and change of ownership of the properties where located and be subject to
substitution with other conditional use(s) of same or similar type with Plan
Commission approval. Change to conditional use of other than same or similar
type shall require " procedures and approval in accordance with Article E.
b.
See Subsection
(c)(2)a above as to conditional uses existent at time of adoption of this Code
being deemed to be regular conditional uses.
(4)
Specific
Limited Conditional Use Provisions.
Provisions applicable specifically to limited conditional uses:
a.
Limited
conditional uses authorized by Plan Commission resolution shall be established
for a period of time to a time certain or until a future happening or event at
which the same shall terminate.
b.
Limited
conditional uses authorized by the Plan Commission shall not be subject to
substitution with other conditional uses, either regular or limited, whether
similar type or not, with Plan Commission approval and the procedures required
in Article E of this Chapter.
(d)
Uses Not Specified in Code.
(1)
Uses not
specified in this Chapter which are found by the Plan Commission to be
sufficiently similar to specified permitted uses for a district shall be
allowed by Zoning Administrator.
(2)
Uses not
specified in this Chapter and which are found sufficiently similar to specified
conditional uses permitted for a district may be permitted by the Plan
Commission after public hearing and approval in accordance with Article E of
this Chapter.
(e) Agricultural
Uses. In addition to those prohibited uses as specified in each district,
agricultural uses are prohibited in all zoning districts.
(a)
Street Frontage.
To be buildable, a lot shall comply with the frontage requirements of the
zoning district in which it is located, subject to the provisions of Section
13-1-17.
(b)
Principal Structures.
All principal structures shall be located on a lot with a minimum street
frontage of thirty (30) feet. Only one (1) principal structure shall be
located, erected or moved onto a lot. The Plan Commission may permit as a
conditional use more than one (1) principal structure per lot in any district
where more than one (1) such structures needed for the orderly development of
the parcel. Where additional structures are permitted, the Plan Commission may
impose additional yard requirements, landscaping requirements or parking
requirements, or require a minimum separation distance between principal
structures.
(c)
Dedicated Street.
Zoning approval shall only be issued for a lot, which abuts a public street,
dedicated to its proposed width.
(d)
Lots Abutting
More Restrictive Districts. Lots abutting more restrictive district boundaries
shall provide side and rear yards not less than those required in the more
restrictive abutting district. The street yard setbacks in the less restrictive
district shall be modified for a distance of not less than sixty (60) feet from
the more restrictive district boundary line so such street yard setbacks shall
be no less than the average of the street yards required in both districts.
(e)
Site Suitability.
No land shall be used or structure erected where the land is held unsuitable
for such use or structure by the Common Council, upon the recommendation of the
Plan Commission, by reason of flooding, concentrated runoff, inadequate
drainage, adverse soil or rock formation, unfavorable topography, low
percolation rate or bearing strength, erosion susceptibility or any other
feature likely to be harmful to the health, safety, prosperity, aesthetics and
general welfare of this community. The Plan Commission, in applying the
provisions of the Section, shall, in writing, recite the particular facts upon
which it bases its conclusion that the land is not suitable for certain uses.
The applicant shall have an opportunity to present evidence contesting such
unsuitability if he so desires. Thereafter, the Plan Commission may affirm,
modify or withdraw its determination of unsuitability when making its
recommendation to the Common Council.
(f)
Preservation of Topography.
In order to protect the property owner from possible damage due to change in
the existing grade of adjoining lands and to aid in preserving and protecting
the natural beauty and character of the landscape, no change in the existing
topography of any land shall be made which would result in increasing any
portion of the slope to a ratio greater than three (3) horizontal to one (1)
vertical, within a distance of ten (10) feet from the property line, and with the
approval of the Plan Commission, or which would alter the existing drainage or
topography in any way as to adversely affect the adjoining property. In no case
shall any slope exceed the normal angle of slippage of the material involved,
and all slopes shall be protected against erosion. Retaining walls shall be
considered only with Plan Commission approval.
(g)
Decks. For purposes
of this Chapter, decks and porches shall be considered a part of a building or
structure, except that decks constructed after the primary building or
structure shall require a separate building permit as provided in Section
13-1-140 of this Code of Ordinances.
(h)
Special Use Regulations.
(1)
Temporary
Buildings. Temporary buildings
and uses for construction purposes for a period not to exceed one (1) year
shall be permitted in any district provided that such uses do not alter the
character of the premises in respect to their use for the purpose permitted in
such respective district.
(2)
Service
Stations; Garages: Parking
Lots. No service station, mechanical garage or public parking lot shall be
erected, operated or maintained where an entrance or exit for motor cars is
located on the same side of the street within two hundred (200) feet of a
pedestrian entrance or exit from a public or private school, park, parkway,
playground, public library, church, hospital, home for children or the aged or
other public or semi-public institution, unless otherwise approved by the Plan
Commission.
(3)
Laundry and
Dry Cleaning Establishments. No
premises or part thereof shall be used for the operation of a self-service,
fast-service or coin operated type of clothes cleaning store for laundry or dry
cleaning which deals directly with the consumer and not including the
collection or delivery of clothes or fabrics as distinguished from a commercial
laundry or dry cleaning establishment unless the following requirements are
met:
a.
The plan of
operation of said self-service clothes cleaning store has been submitted and
approved by the Plan Commission.
b.
The premises
or portion thereof set apart for such self-service dry cleaning or laundry
shall contain the minimum floor area of five hundred (500) square feet for the
exclusive use of such operation, only one-half (1/2) of said minimum floor area
to be occupied by cleaning or laundry equipment.
c.
The premises
in which such operation is carried on shall be adequately lighted in accordance
with standards submitted to and approved by the Plan Commission.
d.
Adequate
toilet facilities for the use of patrons are provided and maintained.
e.
Any use of a
steam boiler shall be limited to a low-pressure boiler, except in the
M-1Commercial and Light Manufacturing District and the M-2 Industrial District.
f.
No
coin-operated machines, other than cleaning, drying, pressing and laundering
machines or for the dispensing of refreshments or the making of change shall be
permitted on the premises.
g.
An attendant
over the age of twenty-one (21) shall be on the premises at all times when the
same is open for business.
h.
The premises
shall not be open to the public at large but only to patrons of the laundry or
dry cleaning machines.
i.
The premises
shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m.
(a)
Height. The district
height limitations stipulated elsewhere in this Chapter may be exceeded, but
such modification shall be in accord with the following:
(1)
Architectural
projections, such as spires,
belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the
height limitations of this Chapter.
(2)
Special
structures, such as elevator
penthouses, manufacturing equipment and necessary mechanical appurtenances,
cooling towers, fire towers and flagpoles are exempt from the height
limitations of this Chapter.
(3)
Essential
services, utilities, water
towers, electric power and communication transmission lines are exempt from the
height limitations of this Chapter.
(4)
Public or
semi-public facilities, such as
schools, churches, hospitals, monuments, sanitariums, libraries, governmental
offices and stations, may be erected to a height of sixty (60) feet, provided
all required yards are increased not less than one (1) foot for each foot the
structure exceeds the district's maximum height requirement.
(b)
Yards. The yard
requirements stipulated elsewhere in this Chapter may be modified as follows:
(1)
Uncovered
stairs, landings, porches and fire escapes
may project into any yard but not to exceed four (4) feet and not closer than
three (3) feet to any lot line.
(2)
Architectural
projections, such as chimneys,
flues, sills, eaves, belt courses and ornaments, may project into any required
yard; but such projection shall not exceed two (2) feet.
(3)
Essential
services, utility electric
power and communication transmission lines are exempt from the yard and
distance requirements of this Chapter
(4)
Landscaping
and vegetation are exempt from the
yard requirements of this Chapter, with the exception that any landscaping or
vegetation shall be subject to the restrictions in Section 13-1-90.
(5)
Required
street yards may be decreased to
the average of the existing street yards of the abutting structures on each
side but in no case less than fifteen (15) feet.
(6)
No gasoline
pumps shall be located
closer than twelve (12) feet (measured from the centerline of said pumps) to
the nearest lot line or line of established street or highway where the width
of such street or highway has been established pursuant to the provisions of
Sec. 80.64, Wis. Stats. On a corner lot when a gasoline pump or series of pumps
is placed in a pump island parallel to the lot line or at an angle to the lot
line, the end pump nearest to the street shall be located no closer than twenty
(20) feet (measured along the axis of said pump island) to the street line of
said street.
(c)
Existing Lots.
Any lot shown upon a recorded subdivision or any lot for which a deed is of
record in the office of the Register of Deeds of Milwaukee County or any lot
for which a contract of sale is in full force and effect at the time this
Chapter was originally adopted may be used as a building site.
(d)
Corner Lots.
In all except the R-1 and R-2 Residence Districts and B-1 Local Business
District, in the case of a corner lot abutting on two (2) streets, no building
shall be erected, altered or moved so as to be nearer the street line on the
long side of the lot than one-fifth (1/5) of the width of the lot or so as to
be nearer the south or east side lot line opposite the street line on the long
side of the lot than five (5) feet.
(e)
Adjoining
(f)
Setbacks with Conversion to Residential Uses. When the use of a building in the B-1 Local Business, M-1
Commercial and Light Manufacturing or M-2 Industrial District is changed from a
use other than residential to a residential use, adequate provisions shall be
made for light and air for the portion of the building to be used for
residential purposes. If the building is not provided with minimum side yards
as required in the R-7 Residence District, then adequate courts shall be
provided.
No lot, yard, parking
area, building area or other space shall be reduced in area or dimensions so as
not to meet the provisions of this Chapter. No part of any lot, yard, parking
area or other space required for a structure or use shall be used for any other
structure or use.
(a)
Required Screens and Buffers. Where screens or buffers are required by this Chapter or
the Plan Commission to reduce the impact of proposed uses on adjacent
properties, the following standards shall be followed. Buffer yards and screens
may be required jointly or separately.
(b)
Buffer Yards.
Buffer yards are horizontal separations along lot lines that are intended to
increase the physical separation between incompatible uses. The width of the
required buffer yard shall be determined by the Plan Commission or Zoning
Administrator. The minimum width shall be ten (10) feet.
(c)
Screens. Screens are
barriers located in a limited space [ten (10) feet or less] intended to perform
a buffering effect, particularly for noise reduction or visual screening.
Screens may consist of existing or planted vegetation, fences, walls, earth
berms or similar techniques. Plant screens shall be sufficient to provide a
year-round screen within three (3) years of installation. Walls or earth berms
shall be required where noise reduction is necessary. Screen plantings shall be
permanently maintained by the owner of the property, and any plant materials,
which do not live, shall be replaced within six (6) months.
(a)
No building to
be used exclusively for residential purposes shall be erected or moved to a new
building site, unless said building complies with the minimum exterior area
requirements applicable to it as follows:
(1)
In areas where
the Zoning Code requires a minimum lot width of seventy-five (75) feet or in
areas where the minimum lot width is in excess of seventy-five (75) feet, but
where an existing lot constitutes a building site within the provisions of this
Zoning Code, but such existing lot is at least seventy-five (75) feet in width,
the following shall be applicable:
a.
For one (1)
story buildings, a minimum of one thousand two hundred (1,200) square feet of
floor area.
b.
For
split-level buildings, a minimum of one thousand three hundred (1,300) square
feet of floor area.
c.
For one and
one-half (1-1/2) story buildings, a minimum of one thousand (1,000) square feet
for the first floor and a total minimum of one thousand four hundred (1,400)
square feet of floor area for such building.
d.
For two (2)
story buildings, a minimum of eight (800) square feet for the first floor area
and a total minimum of one thousand six hundred (1,600) square feet of floor
area for such building.
(b)
In areas where
the Zoning Code requires a minimum lot width of one hundred (100) feet, the
following shall be applicable:
(1)
For one (1)
story buildings, a minimum of one thousand three hundred fifty (1,350) square
feet of floor area.
(2)
For
split-level buildings, a minimum of one thousand four hundred fifty (1,450)
square feet of floor area.
(3)
For one and
one-half (1-1/2) story buildings, a minimum of one thousand two hundred (1,200)
square feet for the first floor and a total minimum of one thousand six hundred
(1,600) square feet of floor area for such building.
(4)
For two (2)
story buildings, a minimum of nine hundred (900) square feet for the first
floor area and a total minimum of one thousand eight hundred (1,800) square
feet of floor area for such building.
(c)
In all other
areas not covered by Subsections (a) and (b) above or where an existing lot
constitutes a building site, but such existing lot is less than seventy-five
(75) feet in width, the following shall be applicable:
(1)
For
single-family dwellings not exceeding one (1) story in height, a minimum of one
thousand (1,000) square feet of first floor area shall be required.
(2)
For
single-family dwellings more than one (1) story in height, a minimum of eight
hundred (800) square feet of first floor area shall be required.
(3)
For two (2)
family dwellings, a minimum area of eight hundred (800) square feet of floor
area per living unit shall be required.
(a)
Except as
provided in the R-7A and the R-8 Residence Districts, all homes constructed in
the City of
(b)
In addition to
the limitations set forth elsewhere in this Chapter, no building shall be
erected or structurally altered on a lot which:
(1)
If lying south
of Silver Spring Drive, provides less than sixty (60) feet of lot width and an
area of seven thousand two hundred (7,200) square feet.
(2)
If lying north
of Silver Spring Drive and south of the Chicago and Northwestern Railroad
Company's right-of-way (which lies south of and parallel with Mill Road and the
extension thereof), or if lying north of the Chicago and Northwestern Railroad
right-of-way to the south line of Kletzsch Park from North Green Bay Avenue to
North Bridgewood Lane, or if lying between West Mill Road and the Chicago and
Northwestern Railway right-of-way from one hundred eighty (180) feet west of
North Green Bay Avenue to the centerline of North Pine Shore Drive extended
south to said Railroad right-of-way, or if lying between North Bridgewood Lane
and North Milwaukee River Parkway from the Chicago and Northwestern Railroad
right-of-way northerly two hundred sixteen (216) feet, provides less than
seventy-five (75) feet of lot width and an area of nine thousand (9,000) square
feet.
(3)
If lying north
of the aforesaid Chicago and Northwestern Railway Company's right-of-way,
except for lots lying north of the Chicago and Northwestern Railroad
right-of-way to the south line of Kletzsch Park from North Green Bay Avenue to
North Bridgewood Lane, or if lying between West Mill Road and the Chicago and
Northwestern Railway right-of-way from one hundred eighty (180) feet west of
North Green Bay Avenue to the centerline of North Pine Shore Drive extended
south to said Railroad right-of-way, or if lying between North Bridgewood Lane
and North Milwaukee River Parkway from the Chicago and Northwestern Railroad
right-of-way northerly two hundred sixteen (216) feet, provides less than one
hundred (100) feet of lot width and an area of fifteen thousand (15,000) square
feet.
ARTICLE C
(a)
Districts. For
the purpose of this Chapter, present and future, provision is hereby made for
the division of the City of
(1) R-1 Residence
District
(2) R-2 Residence
District
(3) R-3 Residence
District
(4) R-4 Residence
District
(5) R-5 Residence
District
(6) R-6 Residence
District
(7) R-7 Residence
District
(8) R-7A Residence
District
(9) R-8 Residence
District
(10) P-1 Parking
District
(11) B-1 Local
Business District
(12) B-2 Community
Business District
(13) B-3 Shopping
Center District
(14)
B-4 Office Research Service Business District
(15)
S-1 Special (Institutional) District
(16)
M-1 Commercial and Light Manufacturing District
(17)
M-2 Industrial District
(18)
PD Planned Unit Development District (See
Article D)
(a)
Vacation of Streets.
Vacation of public streets and alleys shall cause the land vacated to be
automatically placed in the same district as the abutting side to which the
vacated land reverts.
(b) Annexations. Annexations to or
consolidations with the City subsequent to the effective date of this Chapter
shall be placed in the R-1 Single-Family District, unless the annexation
ordinance places the land in another district. Within one (1) year, the Plan
Commission shall evaluate and recommend a permanent district classification to
the Common Council.
(a)
The City of
(b)
The District
Boundaries shall be determined by measurement from and as shown on the Official
Zoning Map, and in case of any question as to the interpretation of such
boundary lines, the Plan Commission shall interpret the map according to the
reasonable intent of this Zoning Code. Unless otherwise specifically indicated
or dimensioned on the map, the district boundaries are normally lot lines;
section, quarter section or sixteenth section lines; or the centerlines of
streets, highways, railways or alleys.
Where uncertainty
exists as to the boundaries of districts as shown on the Zoning Map, the
following rules shall apply:
(a)
Boundaries
indicated as approximately following the centerlines of streets, highways or
alleys shall be construed to follow such centerlines.
(b)
Boundaries
indicated as approximately following platted lot lines shall be construed as
following such lot lines.
(c)
Boundaries
indicated as approximately following City boundaries shall be construed as
following municipal boundaries.
(d)
Boundaries
indicated as following railroad lines shall be construed to be midway between
the main tracks.
(e)
Boundaries
indicated as following shorelines shall be construed to follow such shorelines
and, in the event of change in the shoreline, shall be construed as moving with
the actual shoreline; boundaries indicated as approximately following the
centerlines of streams, rivers, canals, lakes or other bodies of water shall be
construed to follow such centerlines.
(f)
Boundaries
indicated as parallel to or extensions of features indicated in the preceding
shall be so construed. Distances not specifically indicated on the zoning map
shall be determined by the scale of the map.
(a)
Uses Permitted
(1)
Single-family
detached dwellings.
(2)
Public parks
(3)
Municipally
owned buildings
(4)
Customary home
occupations engaged in by the occupant of a dwelling not involving the conduct
of a business on the premises, including also a professional office when
situated in the same dwelling occupied by such person as his or her private
dwelling.
(5)
Accessory
buildings and uses customarily incident to any of the above uses, including
private garages. No accessory building shall be erected unless the main
building to which the accessory building is an incidental use has been erected
or will be erected simultaneously with said accessory building.
(b)
Building Height Limit.
Not to exceed forty (40) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be forty
thousand (40,000) square feet. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
nor in excess of forty percent (40%) of the area of a corner lot.
(d)
Front Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than thirty-five (35) feet to the street line or front lot line.
If the property is unplatted and no street or lot line is of record, then no
building shall be erected or structurally altered whose front wall is nearer
than sixty-five (65) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building of not less than
twenty-five (25) feet. (f) Rear Yard Requirements. There shall be a rear yard
having a depth of not less than twenty-five (25) feet. (g) Population Density
limitation No building shall be erected or structurally altered on a lot which
provides less than forty thousand (40,000) square feet of land area and less
than one hundred twenty (120) feet of lot width per family or housekeeping
unit.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limit.
Not to exceed forty (40) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be twenty
thousand (20,000) square feet. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
or in excess of forty percent (40%) of the area of a corner lot.
(d)
Front Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than thirty (30) feet to the street line or front lot line. If
the property is unplatted and no street or lot line is of record, then no
building shall be erected or structurally altered whose front wall is nearer
than sixty (60) feet to the centerline of the street or highway upon which the
building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building of not less than
fifteen (15) feet.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than twenty-five (25)
feet.
(g)
Population Density Limitation No building shall be erected or structurally altered on a
lot which provides less than twenty thousand (20,000) square feet of land area
and less than one hundred (100) feet of lot width per family or housekeeping
unit.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limit.
Not to exceed forty (40) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be in
conformity with Section 13-1-17. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
or in excess of forty percent (40%) of the area of a corner lot.
(d)
Front Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than thirty (30) feet to the street line or from lot line. If
the property is unplatted and no street or lot line is of records then no
building shall be erected or structurally altered whose front wall is nearer
than sixty (60) feet to the centerline of the street or highway upon which the
building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building of not less than ten
(10) feet.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than twenty-five (25)
feet.
(g)
Population Density Limitation No building shall be erected or structurally altered on a
lot which provides less than the requirements set forth in Section 13-1-17.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limit.
Not to exceed forty (40) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be in
conformity with Section 13-1-17. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
or in excess of forty percent (40%) of the area of a corner lot.
(d)
Front Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than twenty-five (25) feet to the street line or front lot line.
If the property is unplatted and no street or lot line is of record, then no
building shall be erected or structurally altered whose front wall is nearer
than fifty-five (55) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard of not less than five (5) feet on one (1) side of
the building and not less than ten (10) feet on the other side of the building.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than twenty (20) feet.
(g)
Population Density limitation. No building shall be erected or structurally altered on a
lot which provides less the requirements set forth in Section 13-1-17.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limit.
Not to exceed thirty-five (35) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be in
conformity with Section 13-1-17. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
or in excess of forty percent (40%) of the area of a comer lot.
(d)
From Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than twenty-five (25) feet to the street line or front lot line.
If the property is unplatted and no street or lot line is of record, then no
building shall be erected or structurally altered whose front wall is nearer
than fifty-five (55) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building: on the north or west
side, a yard of not less than three (3) feet; on the south or east side, a yard
of not less than seven (7) feet.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than fifteen (15) feet.
(g)
Population Density
limitation. No building shall be erected or structurally altered which provides
less than the requirements set forth in Section 13-1-17.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limit.
Not to exceed forty (40)feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be in
conformity with Section 13-1-17. No building with its accessory buildings shall
occupy in excess of thirty-five percent (35%) of the area of an interior lot,
or in excess of forty percent (40%) of the area of a cower lot.
(d)
Front Yard Requirements.
No building or structure shall be erected or structurally altered whose front
wall is closer than twenty-five (25) feet to the street line or front lot line.
If the property is unplatted and no street or lot line is of record, then no
building shall be erected or structurally altered whose front wall is nearer
than fifty-five (55) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building: on the north or west
side, a yard of not less than five (5) feet; on the south or east side, a yard
of not less than ten (10) feet.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than twenty (20) feet.
(g)
Population Density Limitation- No building shall be erected or structurally altered on a
lot which provides less than the requirements set forth in Section 13-1-17.
(a)
Uses Permitted.
All uses permitted in the R-1 Residence District as set forth in Section
13-1-24 of this Chapter.
(b)
Building Height Limitations. Not to exceed forty (40) feet.
(c)
Building Site Area Required. The minimum lot or building site area shall be in
conformity with Section 13-1-17. No building shall occupy in excess of
thirty-five percent (35%) of the area of an interior lot, or in excess of forty
percent (40%) of the area of a comer lot. Accessory buildings may not exceed
ten percent (10%) of the area of an interior of a comer lot.
(d)
Front Yard Requirements.
No building or other structure shall be erected or structurally altered whose
front wall is closer than twenty-five (25) feet to the street line or front lot
line. If the property is unplatted and no street or lot line is of record, then
no building shall be erected or structurally altered whose front wall is nearer
than fifty-five (55) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building on the north or west
side, a yard of not less than three (3) feet for a building fifty (50) feet or
less in length and two and one-half (2-1/2) stories or less in height; on the
south or east side, a yard of not less than seven (7) feet for a building fifty
(50) feet or less in length and two and one-half (2-1/2) stories or less in
height. For each additional story, each side yard shall be increased one (1)
foot in width, and for each additional eight (8) feet or part thereof in length
of building, each side yard shall be increased one (1) foot in width.
(f)
Rear Yard Requirements.
There shall be a rear yard of not less than fifteen (15) feet.
(g)
Population Density Limitation- No building shall be erected or structurally altered on a
lot which provides less than the requirements set forth in Section 13-1-17.
(a)
Uses Permitted
(1)
All uses
permitted in the R-1 Residence District as prescribed in Section 13-1-24.
(2)
A
single-family semi-detached dwelling or a two (2) family detached dwelling
shall be permitted to be erected on any lot of record as of the date of the
adoption of this Chapter from which there is available a public sanitary sewer
connection in the street and conforming to or with one of the following
requirements as of the effective date of this Chapter, to wit:
(a) The building
site shall be of a minimum width of forty (40) feet and a minimum area of four
thousand eight hundred (4,800) square feet. Any such dwelling erected thereon
shall provide a minimum front yard of twenty-five (25) feet and, as to an
interior lot, a minimum side yard of three (3) feet on the north or west side
and seven (7) feet on the south or east side. As to a comer lot, the minimum
side street setback shall be eight (8) feet; the minimum rear yard shall be
fifteen (15) feet; and there shall be provided a minimum area of two thousand
four hundred (2,400) feet per housekeeping unit.
(b)
The building
site shall be situated in a block in which forty percent 40% or more of the
frontage is occupied by two (2) family dwellings.
(c)
A building
site of a maximum width of one hundred (100) feet shall lie between two (2)
building sites, each of which is occupied by a two (2) family dwelling.
(d)
A building
site which is located adjacent to a building site presently occupied by a two
(2) family dwelling shall have a maximum distance of sixty (60) feet between
the existing two (2) family dwelling and the proposed two (2) family dwelling.
(e)
A building
site which is located in any block or in any distance of six hundred (600) feet
in unplatted property. where there are four (4) or more building sites
containing two (2) family dwelling units.
(b) Parking In case of any of the premises
set forth in Subsection (a) hereof are so used for a single-family
semi-detached dwelling or a two (2) family detached dwelling, proper provisions
shall be made for the parking of two (2) automotive vehicles on the same lot.
(c) Building Height Limitation. Front, side
and rear yard requirements, Section 13-1-30(b) through (f) of the Glendale
Zoning Code shall apply to this Section. See also Section 13-1-17 for minimum
lot sizes.
(a)
Uses Permitted.
(1)
All uses
permitted in R-1 Residence District as set forth in Section 13-1-24 of this
Chapter.
(2)
Two (2)family
detached dwellings.
(3)
Single-family
semi-detached dwellings.
(4)
Multiple-family
dwellings, but not to exceed four (.4) families in any one (1)
(b)
Building Height Limitations. Not to exceed fifty (50)feet.
(c)
(d)
Front Yard Requirements.
No building or other structure shall be erected or structurally altered whose
front wall is closer than twenty-five (25) feet to the street line or front lot
line. If the property is unplatted and no street or lot line is of record, then
no building shall be erected or structurally altered whose front wall is nearer
than fifty-five (55) feet to the centerline of the street or highway upon which
the building site fronts.
(e)
Side Yard Requirements.
There shall be a side yard on each side of the building: on the north or west
side, a yard of not less than ten (10) feet; on the south or east side, a yard
of not less than ten (10) feet.
(f)
Rear Yard Requirements.
There shall be a rear yard having a depth of not less than fifteen (15) feet.
(g)
Population Density Limitation. No building shall be erected or structurally altered on a
lot which provides less than three thousand six hundred (3,600) square feet of
land area per family or housekeeping unit, and less than sixty (60) feet of lot
width. per building; such lot shall also be in conformity with the requirements
set forth in Section 13-1-17.
(h)
Parking. In the R-8
Residence District, there shall be provided on the same lot with any
multiple-family dwelling for more than two (2) families a graveled, surfaced or
paved parking area or garage space sufficient in size to accommodate one (1)
motor vehicle for each family unit provided for in the building, together with
provisions for ingress and egress from and to the public street, highway or
alley. Such parking area shall not be leased but shall be for the sole use of
the occupants of such building and the visitors thereto. A minimum of one
hundred forty-four (144) square feet of parking space (exclusive of ingress and
egress provisions shall be provided for each motor vehicle.
(a)
Definition
A P-1 Parking District is a district wherein there is permitted the parking of
automotive vehicles in connection with a use on premises constituting a single
building site located partially in another use district and partially in such
P-1 Parking District.
(b)
Uses Prohibited.
Any use other than the parking of automotive vehicles in strict conformance
with the regulations and restrictions of this Section is prohibited. (c)
Regulations and Restrictions.
(1)
The parking of
automotive vehicles must be in connection with the uses permitted on the
building site of which the P-1 Parking District is a part and must be in
conformity with the uses permitted, exclusive of any non-conforming uses on
said building site.
(2)
No repairing,
servicing, selling, storage, sale or the display for sale or dismantling of
automotive vehicles shall be permitted therein.
(3)
The parking of
commercial motor vehicles exceeding one and one-half (1-1/2) tons rated
capacity is prohibited in a parking district constituting part of a building
site located in a residential district.
(4)
No parking in
said district shall be permitted without first obtaining a use and occupancy
permit from the Zoning Administrator. In applying for such permit, the owner or
occupant shall file a plat plan, development plan and pay the required fee for
such permit.
(5)
The following
setbacks shall be applicable to premises zoned P-1 Parking District:
a.
A minimum
street setback of ten (10) feet where the parking facilities are used in
conjunction with a residential use.
b.
A minimum
street setback of three (3) feet where the parking facilities are used in
conjunction with other than a residential use.
c.
A minimum side
yard setback of three (3) feet shall be provided when said side lot line of the
parking district site is adjacent to a residence district.
d.
There shall be
provided, whenever a parking district abutting a public street is located
adjacent to a residence district abutting on the same public street, a
transitional setback. Such transitional setback shall consist of a side yard
setback of twenty-five (25) feet for a distance of twenty-five (25) feet from
the street line and a side yard of five (5) feet, commencing at a point
twenty-five (25) feet from the street line and extending therefrom a distance
of thirty-five (35) feet.
(6)
The physical
layout of any parking lot in a P-1 Parking District shall have the following
maximum requirements:
a.
Each parking
stall shall have one hundred sixty-five (165) square feet of space and nine (9)
feet of width. Driving lanes shall be sixteen (16) feet in width and shall have
access to a public right-of-way.
b.
Bumper strip
curbing, along the street, alley and the sides of the property shall be provided
and maintained, except for driveways. Such bumper strip curbing shall be
located so as to prevent any part of parked vehicles from extending beyond the
minimum setback lines prescribed by this Section.
c.
Appropriate
signs indicating entrances and exits shall be provided where reasonably
required for the safe and expeditious movement of traffic into and off of
public rights-of-way.
d.
All lighting
shall be approved by the Building Inspector and shall be installed and
maintained so as to preclude reflection or glare or the beaming of excessive
lighting into the public rights-of-way or adjacent residential areas.
e.
All setback
areas, as herein prescribed, shall be landscaped with grass and shrubs,
provided, however, that driving lanes may project into setback areas if
approved by the Plan Commission.
f.
In an
individual case and upon a proper showing of undue hardship or practical
difficulty and that the public safety and welfare will not be adversely
affected, the Plan Commission may approve a setback or a physical layout
varying from those prescribed by Subsections (c)(5) and (6) of this Section.
(a) The intent of the B-1 business and
commercial district is to provide appropriate zoning for a multitude of
properties throughout the City of
(b) Due to the special importance of these
sub-areas to the City, the Plan Commission shall review all applications within
the boundaries of this District.
(c) Permitted
Uses.
(1) B-1, Sub-Area A-1 Permitted
Principal Uses. The following uses
are permitted within the B-1 sub-area A-1 district upon review by the Plan Commission
for conformance with the standards established in Section 13.1.34(d),
13.1.34(e), 13.1.34(f), and 13.1.34(g):
a. Professional
services and administrative offices
b. General
corporate headquarters offices
c. Medical
and dental offices
d. Research
establishments
e. Sales
offices
f. Financial, insurance and real estate offices
Note: Multi-family residences (12-15 units per
acre) will be considered only under PD-Planned Development District zoning,
with a minimum land area of five (5.0) acres.
g. Any
other uses found to be a similar use by the Plan Commission or Community
Development Authority.
(2) B-1, Sub-Area A-2 Permitted Principal Uses. The following
uses are permitted within the B-1 sub-area A-2 district upon review by the
Plan Commission for conformance with the standards established in Section
13.1.34(d), 13.1.34(e), 13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Research establishments
e. Sales offices
f. Financial, insurance and real estate
offices
g. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority.
(3) B-1, Sub-Area B Permitted
Uses. The following uses are
permitted within the B-1 sub-area B district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service)
b. Restaurants: seated dining, full waiting service (no
drive-through service)
c. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts
d. Professional services and
administrative offices
e. General corporate headquarters offices
f. Medical and dental offices
g. Sales offices
h. Financial, insurance and real estate
offices
i. Office services and supplies,
including employment agencies, blueprinting, duplicating and similar
functions
j. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
Hotel/Convention Centers will be
considered only under PD-Planned Development District zoning.
(4) B-1, Sub-Area C-1 Permitted
Uses. The following uses are
permitted within the B-1 sub-area C-1 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Research establishments
e. Sales offices
f. Financial, insurance and real estate
offices
g. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application.
A minimum area of five (5.0) acres
is required for office and research uses.
Multi-family residences at 15+
units per acre will be considered only under PD-Planned Development District
zoning, with a minimum land area of fifteen (15) acres. Hotel/Convention Centers will be considered
only under PD-Planned Development District zoning, with a minimum land area of
fifteen (15) acres.
(5) B-1, Sub-Area C-2 Permitted Uses. The following
uses are permitted within the B-1 sub-area C-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Utilities
b. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application.
(6) B-1, Sub-Area D-1 Permitted Uses. The following
uses are permitted within the B-1 sub-area D-1 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service)
b. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts
c. Professional services and
administrative offices
d. General corporate headquarters offices
e. Medical and dental offices
f. Sales offices
g. Financial, insurance and real estate
offices
h. Office services and supplies, including
employment agencies, blueprinting, duplicating and similar functions
i. Any other uses found to be a similar use by the Plan Commission or Community Development Authority upon review of application.
(7) B-1, Sub-Area D-2 Permitted
Uses. The following uses are
permitted within the B-1 sub-area D-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service)
b. Restaurants: seated dining, full waiting service (no
drive-through service)
c. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts
d. Professional services and
administrative offices
e. General corporate headquarters offices
f. Medical and dental offices
g. Sales offices
h. Financial, insurance and real estate
offices
i. Office services and supplies,
including employment agencies, blueprinting, duplicating and similar functions
j. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application.
Hotel/Convention Centers will be
considered only under PD-Planned Development District zoning.
(8) B-1, Sub-Area E Permitted
Uses. The following uses are
permitted within the B-1 sub-area E district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service) (1st and 2nd level)
b. Restaurants: seated dining, full waiting service (no
drive-through service)
c. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts
d. Professional services and
administrative offices (2nd level and above)
e. General corporate headquarters offices
(2nd level and above)
f. Medical and dental offices (2nd level
and above)
g. Sales offices (2nd level and above)
h. Financial,
insurance and real estate offices (2nd level and above)
i. Single-family
residences
j. Multi-family
residences (15+ per acre) (2nd level and above)
k. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(9) B-1, Sub-Area F-1 Permitted Uses. The following uses are permitted within the
B-1 sub-area F-1 district upon review by the Plan Commission for conformance with the
standards established in Section 13.1.34(d), 13.1.34(e), 13.1.34(f), and
13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service)
b. Restaurants: seated dining, full waiting service (no
drive-through service)
c. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts
d. Professional services and
administrative offices
e. General corporate headquarters offices
f. Medical and dental offices
g. Sales offices
h. Financial, insurance and real estate
offices
i. Office services and supplies,
including employment agencies, blueprinting, duplicating and similar functions
j. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(10) B-1, Sub-Area F-2 Permitted
Uses. The following uses are
permitted within the B-1 sub-area F-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Office services and supplies,
including employment agencies, blueprinting, duplicating and similar functions
g. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(11) B-1, Sub-Area G-1 Permitted
Uses. The following uses are
permitted within the B-1 sub-area G-1 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Hotel/Convention Centers
g. Specialty retail shops and stores (no
drive-through service) with offices above the first level.
h. Restaurants: seated dining, full waiting service (no
drive-through service) with offices above the first level.
i. Studios for photograph, painting,
music, sculpture, dance or other recognized fine arts, with offices above the
first level.
j. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(12) B-1, Sub-Area G-2 Permitted
Uses. The following uses are
permitted within the B-1 sub-area G-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Any other uses found to be a similar
use by the Plan Commission
(13) B-1, Sub-Area H-1 Permitted
Uses. The following uses are
permitted within the B-1 sub-area H-1 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Specialty retail shops and stores (no
drive-through service) with offices above the first level
g. Restaurants: seated dining, full waiting service (no
drive-through service) with offices above the first level
h. Studios for photograph, painting,
music, sculpture, dance or other recognized fine arts, with offices above the
first level
i. Grocery stores
j. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(14) B-1, Sub-Area H-2 Permitted
Uses. The following uses are
permitted within the B-1 sub-area H-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and administrative
offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(15) B-1, Sub-Area I-1 Permitted
Uses. The following uses are
permitted within the B-1 sub-area I-1 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Specialty retail shops and stores (no
drive-through service)
b. Studios for photograph, painting,
music, sculpture, dance or other recognized fine arts
c. Professional services and
administrative offices
d. General corporate headquarters offices
e. Medical and dental offices
f. Sales offices
g. Financial, insurance and real estate
offices
h. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(16) B-1, Sub-Area I-2 Permitted
Uses. The following uses are
permitted within the B-1 sub-area I-2 district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Any other uses found to be similar use
by the Plan Commission or Community Development Authority upon review of
application
(17) B-1, Sub-Area J Permitted
Uses. The following uses are
permitted within the B-1 sub-area J district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(18) B-1, Sub-Area K Permitted
Uses. The following uses are
permitted within the B-1 sub-area K district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Research establishments
e. Sales offices
f. Financial, insurance and real estate
offices
g. Hotel/convention centers
h. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(19) B-1, Sub-Area L Permitted Uses. The following uses are permitted within the
B-1 sub-area L district upon review by the Plan Commission for conformance with the standards
established in Section 13.1.34(d), 13.1.34(e), 13.1.34(f), and 13.1.34(g):
a. New
motor vehicle sales
b. Professional
services and administrative offices
c. General
corporate headquarters offices
d. Medical
and dental offices
e. Sales
offices
f. Financial,
insurance and real estate offices
g. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(20) B-1, Sub-Area M Permitted
Uses. The following uses are
permitted within the B-1 sub-area M district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. Retail Sales and Service
b. Professional services and
administrative offices
c. General corporate headquarters offices
d. Medical and dental offices
e. Sales offices
f. Financial, insurance and real estate
offices
g. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(21) B-1, Sub-Area N Permitted
Uses. The following uses are
permitted within the B-1 sub-area N district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g):
a. All uses allowed in the R-7 Residence
District
(22) B-1, Sub-Area O Permitted Uses. The following uses are permitted within the
B-1 sub-area O district upon review by the Plan Commission for conformance with the standards
established in Section 13.1.34(d), 13.1.34(e), 13.1.34(f), and 13.1.34(g):
a. Professional services and administrative
offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Specialty service businesses with
showrooms
g. Studios for photography, painting,
music, sculpture, dance or other recognized fine arts, with offices above the
first level
h. Any other uses found to be a similar
use by the Plan Commission or Community Development Authority upon review of
application
(23) B-1, Sub-Area P Permitted
Uses. The following uses are
permitted within the B-1 sub-area P district upon review by the Plan Commission for
conformance with the standards established in Section 13.1.34(d), 13.1.34(e),
13.1.34(f), and 13.1.34(g)::
a. Professional services and
administrative offices
b. General corporate headquarters offices
c. Medical and dental offices
d. Sales offices
e. Financial, insurance and real estate
offices
f. Specialty breweries with accessory
retail sales
g. Any other uses found to be similar use
by the Plan Commission or Community Development Authority upon review of
application
(d) Special Definition Retail Uses. Retail uses, which uses contemplate
specialty retail shops and stores, as those terms are employed in this code,
shall mean only those retail uses that the Plan Commission has determined
qualify as such, considering the following, without limitation by enumeration
herein:
(1) The quality, or safety of the commodity
sold.
(2) The impact of the retail operation on the
public health, welfare and safety, particularly whether or not the products or
the nature of the retail operation might contribute to crime or delinquency.
(3) The economic vitality of the contemplated
business and its positive impact on the Citys tax base.
(4) The shops or stores impact on local commerce
with an emphasis upon the sale of items for consumption by
(e) Prohibited Uses.
(1) All uses prohibited in the B-2, B-3, B-4,
and M-1 zoning districts or any uses not specifically authorized by subsection
(c) above. Notwithstanding any of the
foregoing all retail stores, which stores have a gross interior space available
for retail sales in excess of 50,000 square feet, shall be prohibited unless
specifically approved as part of a planned unit development. If a retail store in excess of 50,000 square
feet shall discontinue use for a period of 12 months, such structure shall be
deemed abandoned and the structure shall be deemed non-conforming subject to
such future use regulations as may be authorized by the Common Council.
(2) Cabaret entertainment establishments.
(f) Required Application Materials. The
requirements for a conditional use permit under the procedures specified in
Section 13-1-60 through 13-1-66 of this Zoning Code, all proposed development
within the B-1 Business and Commercial District, whether permitted or
conditional, requires the submittal of the following plans for review by the
Plan Commission:
(1) Site Improvement Plan at a scale of 1 =
10 (10 scale) including the number and location of standard and physically
disabled parking spaces, and access routes for physically disabled persons.
(2) Architectural Plans prepared by a
registered architect shall include:
a. Architectural rendering (color exhibit)
b. Exterior building elevations (color
exhibit) of all exterior building surfaces and screening walls clearly
annotating all building elements, materials, colors and textures (1/4=1-0).
c. Floor plans for each story (1/8=1-0
scale).
d. Roof plan depicting any mechanical
equipment (1/8=1-0 scale).
e. Materials sample board(s) depicting
samples of all proposed exterior materials and colors.
f. Exterior lighting plan depicting all
exterior lighting fixtures and related details including, but not limited to,
pole, ground and wall-mounted lighting, including photometric analysis.
g. Landscape plan prepared by a registered
landscape architect depicting the entire site and pertinent adjacent areas that
identifies the location, quantity, common name, botanical name, size when
planted, root condition of all plants and sod/seeded lawn areas. The landscape plan shall also include the
total site area in acres and square feet, the landscaped area in acres and
square feet, the percentage of the site that is landscaped. Any existing trees should be accurately
located and the species and size indicated (color exhibit, 1/8=1-0 scale).
h. Sign plan including, but not limited
to, all ground and wall-mounted signs (color exhibit).
(g) Site Requirements and Urban Design
Standards. Site requirements related
to height, density, set back and parking, and urban design standards, shall be
determined from time-to-time by the Common Council, or by the Plan Commission
at its designation, through resolution which shall from time-to-time be amended
so as to conform with the intent of the Citys comprehensive master plan, the
City of Glendale Vision Plan, Glendale 2021 Our Vision, and the B-1 land
use and zoning review prepared for the City of Glendale by the Community Development
Planning Department, and adopted by the Common Council.
(h) Zoning Map. The sub-areas as described, defined and
depicted in the B-1 Land Use and Zoning Review, Volumes I and II and addendum
thereto are incorporated herein and are hereby adopted, and the City Zoning Map
shall be so amended.
(a)
Uses Permitted.
(1)
Retail
business establishments for the sale of new merchandise, excepting those set
forth in Subsection (b), or where personal or business services are rendered
wholly within an approved structure. With the fight to store merchandise being
offered for sale, to repair merchandise sold at retail from the same premises,
to sell merchandise received in trade on new merchandise at the same site and
to sell genuine antiques and works of art, excepting, however, as hereinafter
provided.
(2)
Permitted only
as an accessory use to uses otherwise permitted in this District shall be
enclosed as well as screened areas for the storage of materials other than
explosive or flammable materials as defined in Section 5-4-2.
(b)
Conditional Uses.
(1)
The following
uses shall not be permitted unless approved by the Plan Commission in
accordance with the requirements of Article E of this Chapter, subject,
however, to Subsection (b)(2) below:
a.
Car wash or
automobile laundry.
b.
Mechanical
garage (minor repairs only).
c.
Restaurant/cocktail
lounge.
d.
Hotel/motel.
e.
Job print
shop.
f.
Theater.
g.
Meeting hall.
h.
Lodge or
society quarters and meeting rooms.
i.
Auction
gallery.
j.
Gymnasium or
swimming pool.
k.
Dance, music or
physical health studio.
l.
Undertaking
parlor.
m.
Coin-operated
dispensers of food, drink, merchandise, recreation, exercise, amusement or a
service, when not attached to a main building which is located on the same
building site and such operation is the principal use.
n.
Grocery store.
o.
Drug
store/pharmacy.
p.
Convenience
store.
q.
Establishments
where drive-through services are offered.
r.
Any other use
found to be a similar use by the Plan Commission on application by the building
permit applicant.
(2)
The following
uses may be limited to an operation within a building or, if the neighborhood
conditions permit and without interference to the general welfare of the
community, such use may be permitted outside of a building by imposing all the
necessary conditions for the protection of the rights of the neighborhood and
community.
a.
Automobile
service station.
b.
Commercial
recreation and/or amusement uses.
c.
New motor
vehicle sales agency.
d.
Commercial
motor vehicle storage, structure or lot.
e.
Monument sales
and displays.
f.
Model building
display for sales purposes only [with nine (9) months maximum limit per
building] on display site.
g.
Utility
distribution substation.
h.
Child care,
day care centers or preschool centers, licensed by the State of
i.
Any other use
found to be a similar use by the Plan Commission on application by the building
permit applicant.
(c)
Uses Prohibited.
(1)
Drive-in
establishments where food, drink or refreshments are served or sold and the
nature of the business operation is such, or the facilities axe designed to, in
any way, encourage the consumption of the same on any part of the premises used
for automobile parking or other unapproved area of the building site.
(2)
Trailer or
mobile home rental, sales or service agency, as a prime operation.
(3)
Automotive
vehicle storage, parking lots or the rental of space for trucks, buses, all
fleet trucks, contractors' trucks and other heavy mobile equipment.
(4)
Building
and/or contractors' materials and equipment storage.
(5)
Used
automobile parts storage.
(6)
Outside
storage of merchandise not being displayed for sales purposes.
(7)
Outside
storage of refuse and nonsalable items unless located within an approved
enclosure.
(8)
Tourist Homes
(9)
Drive-in
theater.
(10)
Mechanical
garage for major automotive repair and/or automobile body and fender repair,
unless an incidental use to a main use.
(11)
Machine shop.
(12)
Commercial
radio, television towers, or wireless communications towers.
(13)
Single-family
residence, except for watchman or caretaker.
(14)
Two (2) family
residence.
(15)
Multiple-family
residence.
(16)
Apartment
hotel.
(17)
Boarding or
lodging house.
(18)
Automotive
vehicle washing and cleaning establishments employing an automatic or
semi-automatic operation or a mechanical conveyor system for the movement of
vehicles or any commercial self-service operation
where the customer does all or part of the work.
(19)
Buildings for the storage of goods and materials, other
than hazardous materials as defined in Section 5-4-2, where such buildings are
subdivided into more than three (3) multiple warehouse and storage facilities
containing less than one thousand five hundred (1,500) square feet each and are
available for sublease.
(20)
All other uses that are not in conflict with
Subsections (a)and (b)above.
(21)
Pawn shops, and any retail sales operation deriving
its merchandise primarily from lending operations in exchange for consigned
collateral.
(22)
Check cashing institutions which are not part of a
state or federally licensed and regulated bank, thrift, savings and loan or
credit union.
(23)
Resale shops, in which fifty percent (50%) or more of
the gross volume of sales is derived from the sale of used, trade-in or
consigned merchandise, except as provided for as a conditional use in Section
13.1.39(d)(13).
(24) All uses prohibited in the B-2, B-3, B-4,
and M-1 zoning districts or any uses not specifically authorized by subsection
(c) above. Notwithstanding any of the
foregoing all retail stores, which stores have a gross interior space available
for retail sales in excess of 50,000 square feet, shall be prohibited unless
specifically approved as part of a planned unit development. If a retail store in excess of 50,000 square
feet shall discontinue use for a period of 12 months, such structure shall be
deemed abandoned and the structure shall be deemed non-conforming subject to
such future use regulations as may be authorized by the Common Council.
(25) Cabaret entertainment establishments.
(d)
Building
Height Limitation. Not to exceed fifty. (50) feet.
(e)
Building
Site Area Required. The minimum lot area and width of the building site
shall conform with Section 13-1-17. The buildings contained on the building
site shall not occupy in excess of sixty percent (60%) of the area of the
building site.
(f)
Front Yard
Requirements.
(1)
The minimum setback of ten (10) feet shall be
provided from the street line or setback base line. Where no street line
presently exists, the setback shall be measured from the street line extended
or as indicated on the official map as designated by the City Engineer.
(2)
On corner lots, side street setbacks shall be the
minimum of ten (10) feet as measured from the street line in accordance with
the regulations indicated.
(3)
Buildings used for residential purposes shall conform
with the requirements of the R-7 Residence District.
(g)
Side Yard
Requirements. Interior lot line -- None excepting where a window opening
is located in the side wall of a building. A minimum setback of three (3) feet
shall be provided. Buildings used for residential purposes shall conform with
the requirements of the R-7 Residence District.
(h)
Rear Yard
Requirements. The minimum setback of ten (10) feet shall be provided.
Buildings used for residential purposes shall conform with the requirements of
the R-7 Residence District.
(a)
Intent. The
intent of the B-3 District is to provide appropriate zoning for the properties
along that portion of
(b)
Permitted
Uses. The following uses are permitted within the B-3 District upon
review by the Plan
Commission for conformance with the standards established in Section
13.1.34(d), 13.1.34(e), 13.1.34(f), and 13.1.34(g):
(1)
Professional and administrative offices.