108-12-3 Additions And Enlargements

Except as provided in subsection (c), a structure which is occupied by a nonconforming use shall not be added to or expanded in any manner, unless such expansion is made to conform to all yard and use regulations of the zone in which the structure is located. Except as provided in subsection (c), a noncomplying structure (main or accessory) shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all the regulations of the zone in which it is located, or conforms to the reduced yard setbacks as allowed in section 108-12-13. A legally constructed dwelling or other structure on a lot of record, which has yard setbacks that are less than the required yard setbacks for the zone in which it is located, shall be allowed to have an addition, provided that: The addition does not encroach into the required yard setbacks further than the existing dwelling or other structure; and The addition is located completely on the same property as the existing structure and does not encroach into a road right-of-way or on to adjacent property. A legally constructed dwelling or other structure on a lot of record, which is located within a stream corridor setback (as defined by the Ogden Valley City Land Use Code sections 108-7-23 and/or 104-28-2), may be added to or enlarged, provided that: The addition does not encroach into the stream corridor setback further than the existing dwelling or other structure; and The addition meets the yard setback requirements of the zone in which it is located or conforms to the reduced yard setbacks as allowed in section 108-12-13; or The addition does not encroach into the required yard setbacks further than the existing dwelling or other structure.