West Bountiful City Zoning Code
17.56 Nonconforming
Buildings And Uses
17.56.010 Maintenance Permitted
A nonconforming building may be maintained.
17.56.020 Repairs And Alterations
Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use.
17.56.030 Additions, Enlargements And Moving
- A building or structure occupied by a nonconforming use or a building or structure noncomplying as to height, area or yard regulations shall not be added to or enlarged in any manner, or moved to another location on the lot, except upon issuance of a permit as provided in subsection (B) of this section.
- The planning commission, after public hearing, may issue a permit authorizing a building or structure occupied by a nonconforming use or a building or structure noncomplying as to height, area, or yard regulations to be added to, enlarged, or moved to a new location on the lot if the commission finds:
- That the proposed change will not be inconsistent with the purposes of this title or the policies expressed in the city’s general plan;
- That the proposed change will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity of the nonconforming use or noncomplying structure; and
- In the case of an addition to or enlargement of a building or structure which is noncomplying as to a yard setback, that the addition or enlargement will not encroach into the yard setback farther than the noncomplying structure encroaches into the same yard setback.
- That the proposed change will not be inconsistent with the purposes of this title or the policies expressed in the city’s general plan;
- The planning commission may attach conditions, such as landscape or buffering requirements, to any permit authorized under this section in order to mitigate the detrimental effects of the proposed change or otherwise achieve the purposes of this title.
- This section shall not be used or construed to permit the encroachment of an addition or enlargement into any yard setback in which a noncomplying building or structure is not located.
17.56.040 Alteration When Parking Insufficient
A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement.
17.56.050 Restoration Of Damaged Buildings
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored. The occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion in conformance with the ordinances of the city within two years.
17.56.060 Continuance Of Nonconforming Use; Limitations
A building used for a lawful and allowable use prior to the effective date of this zoning code, but which, after the effective date of said code, is nonconforming, may continue to be utilized for such nonconforming use unless the building is vacated or the use ceased for a continuous period in excess of three hundred sixty-five (365) calendar days. Land used for a lawful and allowable use prior to the effective date of this zoning code, but which, after the effective date of said code, is nonconforming may continue to be so used provided that such nonconforming use is not ceased for a continuous period in excess of three hundred sixty-five (365) calendar days. No such non-conforming use of land may in any way be expanded or extended, either in the same or on adjoining property, except as provided under Section 17.56.030.
17.56.070 Effect Of Vacating A Nonconforming Building Or Ceasing A Nonconforming Use
A vacant building may be occupied by a use for which the building or structure was used, designed or intended, if so occupied within a period of three hundred sixty-five (365) calendar days after the use became non-conforming.
However, a building or portion thereof occupied by a nonconforming use which is, or hereafter becomes, vacant and remains unoccupied by said nonconforming use for a continuous period in excess of three hundred sixty-five (365) calendar days, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
Should a nonconforming use of land be ceased for a period in excess of three hundred sixty-five (365) calendar days, any future use of such land shall be in conformity with the provisions of this title, and the previously authorized nonconforming use is expressly prohibited.
17.56.080 Continuation Of Pre-Existing Nonconforming Use Permitted
The occupancy of a building or use of land by a nonconforming use, existing on the effective date of the Revised Ordinances of West Bountiful 1965, and constituting a non-conforming use under the provisions of this title may be continued.
17.56.090 Effect Of Change Of Use
The nonconforming use of a building or structure may not be changed except to a conforming use; but when such change is made, the use shall not thereafter be changed back to a nonconforming use.
17.56.100 Expansion Permitted; Limitations
A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.
17.56.110 Nonconforming Mobile Home Units
If a nonconforming mobile home is removed from the premises, it cannot thereafter be returned, except that:
- If such removal was upon order of the building inspector for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies within sixty (60) days; or
- A new mobile home may be moved on the premises if:
- Accomplished within sixty (60) days;
- The restored or new mobile home is owned by the same owner as the mobile home removed; and
- The mobile home is occupied for a continuous period of at least six months by the same occupant(s) as the mobile home removed.
- Accomplished within sixty (60) days;