Glendale City Zoning Code
ARTICLE II
"R-1" Single-Family Dwelling District
Section 400.120 Use Regulations.
[R.O. 2010 §400.120; CC 1970 §33-12; Ord. No. 1305 Art. 4 §2, 4-24-1963; Ord. No. 14-82 §1, 8-24-1982]
A.
A building or premises in an "R-1" District shall be used only for the following purposes:
1.
Single-family dwellings. There shall be no more than one group home or one foster home in any neighborhood in any "R-1" or "R-2" Districts.
2.
Parks, playgrounds and community buildings owned or operated by a public agency.
3.
Public schools, elementary and high and educational institutions having a curriculum the same as ordinarily given in public schools.
4.
A special use permit may be granted for the use of a public school building which is no longer being used as a public school whenever the building and premises on which it is located is more than fifty percent (50%) within an adjoining community, provided such use has been authorized by the adjoining community, and provided, that application for such use shall first be submitted to the Plan Commission for their review and recommendation; provided, further, that the Board of Aldermen shall first hold a public hearing on such application giving at least fifteen (15) days notice thereof in a newspaper of general circulation and by First Class Mail to all property owners within one hundred eighty-five (185) feet thereof. Before issuance of such a permit, the Board of Aldermen must, following the public hearing, determine that such use will not:
a.
Substantially increase traffic hazards or congestion.
b.
Substantially increase fire hazards or be a nuisance to adjoining residential zones by reason of noise, odor or light.
c.
Adversely affect the character of the neighborhood.
d.
Adversely affect the general welfare of the community.
e.
Overtax public facilities or utilities.
The Board of Aldermen must find negatively to all of the above requirements before such a permit may be granted. The Board of Aldermen may make such permit subject to such conditions as it may determine are required to meet the conditions of this Chapter. The permit may be withdrawn or revoked if at any time the user shall fail to comply with the conditions of the permit. This permit shall not be transferable or assignable. Further, any consideration as to granting of such a permit shall be subject to the conditions of Section 400.100. |
5.
Private golf clubs; provided, that no such golf club shall be established nor any existing golf club shall expand its grounds or buildings or parking area without first securing a permit for the same from the Board of Aldermen. Any such application shall first be submitted to the Plan Commission for its recommendation. No permit shall be granted unless a public hearing on such application is held and after such hearing the Board of Aldermen shall determine whether such use will:
a.
Substantially increase traffic hazards or congestion.
b.
Substantially increase fire hazards.
c.
Adversely affect the character of the neighborhood.
d.
Adversely affect the general welfare of the community.
e.
Overtax public utilities.
The Board of Aldermen must find negatively as to an of the above five (5) requirements before such permit is granted. If the board finds affirmatively as to any of the five (5) requirements the permit shall be denied. |
6.
Home occupations.
7.
Accessory buildings which are used for uses customarily incident to the above uses, including a private garage, and including home occupation by special use permit. Any accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line.
[Ord. No. 16-19, 9-3-2019]
Before a special use permit is issued to permit any home occupation in an accessory building, the Board of Aldermen may, at its discretion, require that a public hearing be held. Before such special use permit can be issued by the Board of Aldermen, it must first determine that such use will not: |
a.
Substantially increase traffic hazards or congestion;
b.
Substantially increase fire hazard;
c.
Adversely affect the character of the neighborhood;
d.
Adversely affect the general welfare of the community;
e.
Overtax public utilities; or
f.
Be a nuisance to adjoining residential zones by reason of noise, odor or lights.
If the Board's findings be negative as to all such requirements, then such permit shall be granted with such restrictions and conditions as may be necessary to reasonably ensure that the operation of the home occupation for such use will not, in the future, violate the foregoing Subsections (A)(7)(a) to (A)(7)(f), and to ensure that the operation of such business will not create a nuisance or any undue noise, smoke, noxious odors, light or dirt or other conditions that adversely affect the character of the neighborhood, or affect the value and enjoyment of the property owners. |
If the home occupation should at any time after the granting of a permit be operated in a manner to violate any of the terms of this Section or of the permit, the operator of such home occupation shall be given written notice by the City Administrator to discontinue such violations within ten (10) days. If such violations are not discontinued within such time, then the permit to conduct such business shall be rescinded and the City will take such action as to require to force the discontinuance of such home occupation on such premises. |
8.
Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
9.
Signs not exceeding four (4) square feet in area appertaining to the lease, hire or sale of a building or premises, which boards or signs shall be removed as soon as the premises are leased, hired or sold.
Section 400.130 Height Regulations.
[R.O. 2010 §400.130; CC 1970 §33-13; Ord. No. 1305 Art. 4 §3, 4-24-1963; Ord. No. 02-06 §1, 2-20-2006]
No building in an "R-1" District shall exceed two and one-half (2½) stories, but under no circumstances shall a building exceed thirty-five (35) feet in height, except as provided in Section 400.070.
Section 400.140 Area Regulations.
[R.O. 2010 §400.140; CC 1970 §33-14; Ord. No. 1305 Art. 4 §4, 4-24-1963; Ord. No. 9-87 §§1, 3, 5-4-1987; Ord. No. 22-24, 11-18-2024]
A.
Front Yard.
1.
Except as provided in Section 400.070 there shall be a front yard having a depth of not less than thirty-five (35) feet.
2.
Where a lot has double frontage, the required front yard shall be provided on both streets.
3.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of such corner lot; except, that the width shall be not less than ninety-five (95) feet and the buildable width shall not be less than fifty (50) feet.
4.
When the owner of a lot of record located at the intersection of two (2) streets requests to construct a main building, or construct an addition to an existing main building on a lot of record, the building line for such main building or addition shall be established on the side street from the side property line by calculating twenty-five percent (25%) of the front lot line width; but in no case shall this building line be less than twelve (12) feet from the side property line. The front building line for an interior lot of record shall be established as the average of the front building lines of the two (2) main buildings on either side of the lot of record under consideration; however, if building lines are delineated on the side street of a subdivision plat of record, such lines shall be the prevailing and required building lines.
B.
Side Yard.
1.
Except as provided in Section 400.070, there shall be a side yard on each side of a building having a width of not less than ten (10) feet.
2.
The side yard on each side of a building on a lot of record which is less than one hundred (100) feet in width, shall have a side yard of ten percent (10%) of the width of the lot at the building line, but shall not be less than six (6) feet.
C.
Rear Yard. Except as provided in Section 400.070, there shall be a rear yard having a depth of not less than thirty (30) feet.
D.
Intensity Of Use Of Lot. Every lot shall have an area of not less than ten thousand (10,000) square feet and a minimum width of eighty (80) feet; except, that if a lot of record has less area than herein required, that lot may be used only for a single-family dwelling.
E.
Floor Area Ratio. On all lots zoned "R-1," the floor area of residential dwellings shall not exceed a floor area ratio (F.A.R.), as defined in Section 400.010 of the Zoning Regulations, of 0.30, except when an applicant can demonstrate that the subject property presents unique circumstances and the applicant has taken extraordinary design measures to ensure neighborhood compatibility.
F.
Impervious Area. No more than fifty-five percent (55%) of the total lot may be covered by impervious material. No more than forty-five percent (45%) of the required front yard setback may be covered by impervious material.
Section 400.150 Bringing Non-Conforming Lots Into Compliance.
[R.O. 2010 §400.150; CC 1970 §33-15; Ord. No. 1384 §1, 3-11-1966]
A.
Notwithstanding the provisions of Subsection (A)(3) and Subsection (D) of Section 400.140, in any City block where more than fifty percent (50%) of the lots on the same side of the street as the lot in question are in compliance with the area requirements of this Chapter, a lot of record which does not comply with the area requirements for the Class "R-1" Single-Family Dwelling District regulations, shall be brought into compliance with the minimum area requirements and width requirements for this zone if the owner of such lot shall at any time, after April 24, 1963, also own:
1.
An adjoining lot or other unplatted or unsubdivided property sufficiently large in area that if combined with the non-conforming lot it would bring the non-conforming lot into conformance and compliance with the requirements in this zone, even though such combining of such property would result in fewer buildable lots.
2.
A lot with an improvement or building on it, whether a lot of record or an unsubdivided property adjacent to the non-conforming lot of record, which, if transferred to, combined with and made a part of the lot of record would bring the lot of record into compliance and would not render the lot or property containing the improvements and remaining after such transfer a non-conforming lot.
B.
Before any building permit shall be issued or before any such property or any portion of it may be sold or transferred the owner of such non-conforming lot shall bring it into compliance. Any owner of property from and after April 24, 1963, who shall own a non-conforming lot and adjacent property to it that would enable him/her to bring it into compliance in accordance with the terms of this Section and who transfers any portion of such property so as to make it impossible for him/her to comply with the provisions of this Section, shall not nor shall any successor in title thereto be granted a building permit to use the remaining portion of the lot or to use the lot of record remaining. Such transfer of property shall be considered illegal and void and against the provisions of this Chapter.
Section 400.160 Parking Regulations.
[R.O. 2010 §400.160; CC 1970 §33-16; Ord. No. 1305 Art. 4 §5, 4-24-1963]
Off-street parking spaces in an "R-1" District shall be provided in accordance with the requirements for specific uses set forth in Chapter 410.