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Glendale City Zoning Code

ARTICLE 1

- GENERAL PROVISIONS

35.1.000 - TITLE

The ordinance shall be known and may be cited as the "Unified Development Code" or the "UDC of the City of Glendale, Arizona" Within the ordinance text, it shall be cited as "this Code", "this UDC", or "this Ordinance".

35.1.101 - Authority.

This ordinance is adopted pursuant to the authority contained in Arizona Revised Statutes § 9-462.01 et seq., in order to conserve and promote the public health, safety and general welfare.

35.1.102 - Purpose.

The purpose of this ordinance is to establish land use classifications dividing the city into various zoning districts; provide regulations, prohibitions and restrictions for the promotion of health, safety, convenience, aesthetics and welfare; govern the use of land for residential, commercial, office, industrial and all other uses; regulate and limit the height and bulk of buildings and other structures; limit the use and size of yards and open spaces; establish performance and design standards; establish boards and commissions and define the powers and duties of each; provide procedures for changing zoning districts and the standards which govern those districts, use permits, variances and all other permits required by this UDC; prescribe penalties for violations of the ordinance and repeal all ordinances in conflict therewith.

35.1.103 - Jurisdiction.

This ordinance shall be effective within the incorporated boundaries of the City of Glendale.

35.1.104 - Repealer and Severability.

A.

Ordinance No. 243 New Series and all subsequent amendments to Ordinance No. 243 are repealed. Ordinance No. 184 New Series, creating and establishing the Glendale Zoning and Planning Commission, is repealed. Ordinance No. 1407 New Series, creating mobile home parks and mobile home subdivisions is repealed. This ordinance amends and revises all zoning laws, regulations, procedures and restrictions. Whenever any provision of this ordinance refers to or cites a section of the Arizona Revised Statutes and that section is later amended or superseded, the ordinance shall be deemed amended to refer to the amended section or section that most nearly corresponds to the superseded section of the Arizona Revised Statutes.

B.

The provisions of this ordinance, insofar as they are substantially the same as the provisions of ordinances repealed in Subsection A of this section, shall be construed as restatements and continuations thereof and not as new enactments. The repeal of an ordinance listed in Subsection A of this section shall not affect any punishment or penalty incurred before the ordinance was repealed, nor any suit, prosecution or enforcement proceeding pending at the time of the repeal for a violation of the ordinance repealed.

C.

It is declared that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance other than the part decided to be unconstitutional or invalid.

35.1.105 - Conflict With Other Rules or Regulations.

It is not intended by this ordinance to repeal, abrogate, annul or in any manner impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance, or with private restrictions placed upon property by covenant, deed or other private agreement. Where this ordinance imposes a greater restriction on land, buildings or structures than is imposed or required by other existing provisions of law, ordinance, contract or deed, the provisions of this ordinance shall control. Where other laws, ordinances, or private restrictions are more restrictive, the City cannot enforce the more restrictive laws, ordinances, or private restrictions as a part of this UDC unless authorized by a specific section of this ordinance.

35.1.106 - Relationship to General Plan.

It is the intention of the City Council that this ordinance implement the planning policies adopted by the Planning Commission and City Council as reflected in the General Plan. The City Council affirms its commitment that this ordinance and any amendments will be in conformity with the adopted planning polices as expressed in the General Plan, specific area plans, and any amendments.

35.1.107 - Relationship to Subdivision and Other Regulations.

The UDC, along with other regulations of the City of Glendale, including the Subdivision and Minor Land Division Ordinance and Design Guidelines for Site Development and Infrastructure Construction, as amended, is a tool to implement the Glendale General Plan. In regulating future development or redevelopment within the City of Glendale, the requirements of the UDC shall be construed as minimum requirements.

35.1.108 - Applicability.

A.

All buildings, structures and uses of land shall be subject to all provisions of this UDC. Any change to an existing building, structure or use of land, as manifested by a use which requires an increase in parking, change in occupancy, changes to the physical site including drainage or landscaping, additions or modifications to the building after the effective date of this UDC, or any amendment shall be subject to all provisions of this UDC.

B.

A Planned Area Development (PAD), or Planned Residential Development (PRD) Plan, approved prior to this ordinance, will guide and control development uses permitted for such property.

C.

Any use not described and included by this ordinance as being a permitted use, a use subject to supplemental use conditions, or a use subject to conditional use permit within a specific zoning district is prohibited within that zoning district, and is a violation of this ordinance unless otherwise stated herein.