Obetz City Zoning Code
CHAPTER 1135
General Regulations for Zoning Districts
1135.01 APPLICATION
The regulations for each district set forth by the Zoning Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;
(b) No building or other structure shall be erected or altered:
(c) No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the Zoning Ordinance shall meet at least the minimum requirements set forth herein;
(1) To provide for greater height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; and
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner be contrary to the provisions of the Zoning Ordinance;
1135.02 IDENTIFICATION OF USES.
Listed uses are to be defined by their customary name or identification, except where they are specifically defined or limited to this Zoning Ordinance.
1135.03 PERMITTED USES.
Only a use designated as a Permitted Use shall be allowed as matter of right in a Zoning District and any use not so designated shall be prohibited except, when in character with the Zoning District, such additional uses may be added to the Permitted Uses of the Zoning District by amendment of this Zoning Ordinance.
1135.04 CONDITIONAL USES.
A use designated as a Conditional Use shall be allowed in a Zoning District when such Conditional Use, its location, extent and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the Zoning District. To this end the Planning and Zoning Commission shall, in addition to the Development Standards for the Zoning District, set forth such additional requirements as will, in its judgment render the Conditional Use compatible with the existing and future use of adjacent lots and the vicinity.
1135.05 CONVERSION TO DWELLINGS.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter to such district.
1135.06 ACCESSORY BUILDINGS WITHOUT MAIN BUILDING. (REPEALED)
1135.07 UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority and such notice shall be provided to the Municipality.
1135.08 PLATTING REQUIRED.
No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets the requirements of the Subdivision Regulations of Obetz. Development standards of the Obetz Zoning Code are minimum requirements, unless otherwise stated, for the arrangement of lots and spaces to be achieved in all developments.
1135.09 OBJECTIONABLE ELEMENT OR CONDITION.
No land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as determined by the Municipal Ordinances.
1135.10 PROHIBITION OF MINERAL EXTRACTION.
The extraction of oil, natural gas, coal, limestone, gravel, sand, clay and other similar minerals, excluding water, shall be prohibited within Obetz, except for operations existing at the time that this ordinance becomes effective.
1135.11 DEVELOPMENT STANDARDS.
The development standards set forth shall be minimum allowed for development in a Zoning District. If the development standards are in conflict with the requirements of any other lawfully adopted rules, ordinances, regulations or laws, the more restrictive or higher standard shall govern.
1135.12 MODIFICATION OF DEVELOPMENT STANDARDS.
In any district where dwellings are permitted, a permitted residential dwelling(s) may be erected on any lot of official record on the effective date of this Zoning Code even though such lot does not comply with the minimum lot area and minimum width requirements of such district, provided said lot has a minimum of forty (40) feet of frontage on an improved public street and further provided the following conditions are met:
(a) If the owner of such lot does not own adjoining property and did not own such property at the time this Zoning Code became effective:
(1) Each required side yard may be reduced by two (2) inches for every foot that is narrower than the required lot width at the building line, but in no case shall each required side yard be less than four (4) feet. Such dedications shall not apply to structures higher than two (2) stories.
(2) Required rear yards shall be twenty-five (25) percent of the lot depth, but in no case shall be less than fifteen (15) feet.
(3) Required building line.
(b) If the owner of such lot owns the adjoining property and owned such property at the time this Zoning Code became effective then in order to erect a dwelling(s) that meets district dimensional requirements, such lots shall be combined to create a parcel that meets said requirements.
(c) Administrative Variance. The administrative variance permits the Zoning Inspector to grant administrative relief to the development standards under the following circumstances: (1) the proposed project is a supplement to or the reconstruction of an existing structure; or (2) the proposed new project will not meet the current setback standards but will not exceed them by more than one foot. If the approval of an administrative variance introduces new nonconforming conditions, the application will not be considered.
(1) Application to be Made. Written application for an administrative variance shall be made by the property owner(s) or lessee(s) to the Zoning Inspector.
(2) Application Contents. The application for a variance shall contain as a minimum:
A. Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
B. A current and accurate legal description of the property(s) in question.
C. The nature of the variance required including what provisions of the Zoning Code are affected.
D. A plot plan to show:
1. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
2. The nature of the special conditions or circumstances.
3. The proposed use of all parts of the lot and structures.
4. Such additional information as may be required by this Zoning Code and/or requested by the Zoning Inspector to review the application.
(4) Criteria for Approval.
A. Is the proposed addition/modification architecturally compatible with the existing structure and the neighborhood?
B. Is the proposed addition/modification location compatible with the existing structure and the structures in the neighborhood?
C. Will the approval of the proposed variance improve existing conditions within the neighborhood?
(5) Review Procedure.
A. Filing of Application. One (1) copy of a completed application must be filed with the Zoning Inspector. Upon receipt of the application, the Zoning Inspector will review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a rejection of the application.
B. Application Review. Upon receipt of a completed application, the Zoning Inspector has a maximum of ten (10) business days to review the application. The Zoning Inspector must be able to respond positively to all of the criteria listed in 1135.12
(c) (4) in order to approve the variance request. The Zoning Inspector may also approve the variance with modifications or disapprove the variance. In approving a variance(s), the Zoning Inspector may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein. The Zoning Inspector’s determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
C. Issuance of a Zoning Certificate. Upon approval of the Zoning Inspector, a Certificate of Zoning Compliance for all approved variances shall be issued to the applicant within ten (10) days of approval. At the monthly Planning and Zoning Commission meetings, the Zoning Inspector shall provide a report outlining the administrative variances granted.
D. Appeals. Whoever is aggrieved or affected by the decision of the Zoning Inspector involving an application for an administrative variance(s) shall have the right to file an appeal with the Planning and Zoning Commission. The appeal shall be filed no later than ten (10) days after the decision of the Zoning Inspector. At the time of filing, the Zoning Inspector shall turn over to the Planning and Zoning Commission the application and any relevant background information.
1135.13 VEHICLE SALES.
(a) Except for the casual sale of vehicles in accordance with the provisions of subsection (b) below, the sale of used or previously owned vehicles, including but not limited to automobiles, trucks, trailers, recreational and camping vehicles, motorcycles, all terrain vehicles, and snowmobiles, is not allowed, except in conjunction with dealerships for the sale of new vehicles where the used vehicles are located on the same site as the new vehicle dealerships, and the number of new vehicles on the lot is greater than or equal to the number of used vehicles.
(b) Casual sale of a used vehicle is permitted, provided the vehicle for sale must belong to either the property owner or tenant where the vehicle is placed for sale. No more than one vehicle may be sold on the parcel at any one time. Casual sale of such vehicles is restricted to residential districts.
(Ord. 23-08. Passed 6-9-08.)
1135.14 SALES: PORCH, ATTIC, GARAGE OR YARD SALES.
(a) For the purpose of this section, a “porch”, “patio”, “attic”, “garage” or “yard” sale means an offering for sale of miscellaneous personal property at a residence. The definition includes any type of community “yard sale”, any organization having a “yard” sale for charity purposes, and booster clubs having “yard sales”.
(b) An approved permit for each address must be obtained from the Administrator or his/her designee at least three days before the sale is to take place. This permit shall be free of charge and shall expire within thirty days.
(c) Once a permit is received, the sale shall be permitted at the location listed on the permit for up to three consecutive days.
(d) Not more than two such sales at the same location will be permitted in any calendar year. Only one sale per month is permitted.
(e) Sales are permitted between the hours of 8:00 a.m. and 6:00 p.m.
(f) Sales are limited to residences.
(g) Set up and tear down for the sale is included in the three days set forth in subsection (c) above. Items for sale may not be displayed before the sale time allowed in subsection (e) above.
(h) Set up in a building such as a garage is allowed and is not included as part of the three days set forth in subsection (c) above so long as the set up is not open to the public, no sales are made before the dates set forth in the permit and the times set forth in subsection (e) above, and the set up is not visible from outside the closed area.
(i) Whoever violates any provision of this section shall be guilty of a minor misdemeanor. (Ord. 18-09. Passed 7-13-09.)