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Willard City Zoning Code

24.12 LEGAL

NONCONFORMING BUILDINGS AND USES

24.12.010 Maintenance Permitted

A nonconforming building or structure which is not in violation of any existing ordinances, at the date of passage of this Ordinance, may be maintained, and shall herein be referred to as legal nonconforming buildings and structures.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.020 Repairs And Alterations

Repairs and structural alterations may be made to a legal nonconforming building or to a building housing a legal nonconforming use.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.030 Additions, Enlargements, And Moving

  1. A building or structure occupied by a legal nonconforming use and a legal nonconforming building or structure nonconforming as to height, area, or yard requirements shall not be added to or enlarged in any manner or moved to another location on the lot except as provided by subsection B and C hereof:
  2. A building or structure occupied by a legal nonconforming use or a legal nonconforming building or structure nonconforming as to height, area, or yard regulations may be added to or enlarged or moved to a new location on the lot upon a permit authorized by the board of adjustment, which may be issued, provided that said Board, after hearing shall find:
    1. The addition, or enlargement of, or moving of the building will be in harmony with one or more of the purposes of this Ordinance.
    2. That the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the legal nonconforming use or structure.
  3. A legal non-conforming building or structure which has a valid building occupancy permit and which meets all other height, coverage and setback requirements currently in effect may be enlarged. The enlargement shall not impose any unreasonable burden upon the adjacent properties located in the vicinity.
HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.040 Alteration Where Parking Is Insufficient

A legal nonconforming building or structure lacking sufficient automobile parking space in connection therewith as required by this Ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration or enlargement.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.050 Restoration Of Damaged Buildings

A legal nonconforming building or structure or a building or structure occupied by a legal 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 and 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 complection.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.060 One-Year Vacancy

A building or structure or portion there of occupied by a legal nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a legal nonconforming use for a continuous period of one year, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the District in which it is located.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.070 Continuation Of Use

The occupancy of a building or structure by a legal nonconforming use, existing at the time this Ordinance became effective, may be continued.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.080 Occupation Within One Year

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one year after the use became nonconforming.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.090 Change Of Use

The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.100 Expansion Permitted

A legal 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.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.12.110 Nonconforming Use Of Land

The nonconforming use of land, which is not in violation of any existing ordinance, at the date of passage of this Ordinance, may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this Ordinance. That such nonconforming uses shall herein be referred to as legal nonconforming uses.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

2025-06