Obetz City Zoning Code
CHAPTER 1179
Nonconformities
1179.01 INTENT.
Within the districts established by this Zoning Ordinance or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Zoning Ordinance or future amendments. It is the intent of this Zoning Ordinance to permit these nonconformities to continue until they are removed, but not to encourage additional non-conformities.
1179.02 PARTLY CONSTRUCTED BUILDINGS.
To avoid undue hardships, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been carried on diligently.
1179.03 NONCONFORMING LOTS.
(a) The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning and Zoning Commission in accordance with Chapter 1181.
(b) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of this Zoning Code. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.
1179.04 NONCONFORMING STRUCTURES AND DEVELOPMENTS.
Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located may be altered, reconstructed or extended on appeal to the Planning and Zoning Commission, provided the applicant shows that:
(a) The nonconforming structure and development was lawful at the time of enactment of this Zoning Code.
(b) Such alteration, reconstruction or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(c) Such extension shall not increase the total floor area by more than fifty (50) percent.
(d) No extension shall be requested within two (2) years of the last previous extension as approved by the Planning and Zoning Commission.
1179.05 NONCONFORMING USES.
The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following:
(a) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing at the time of enactment of this Zoning Code, may be continued. However, if any such nonconforming use is voluntarily discontinued for a period of six (6) months or more, any future use of such land shall be in conformity with this Zoning Code.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(3) No expansion shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(c) Substitution. On approval of an appeal to the Planning and Zoning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such substitution is compatible with adjacent land use, adjacent zoning, an to appropriate plans for the area.
(3) No substitution shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half (½) of its fair value, and provided such reconstruction is started within twelve (12) months of such calamity and is continued in a reasonable manner until completed.