Bell City Zoning Code
ARTICLE 17
Nonconforming
§ 17.01 Nonconforming Uses.
A use of a building or premises, lawfully existing at the time it was established, but is made nonconforming by the passage of a new ordinance or amendment, may be continued, although such use no longer conforms to all provisions of the ordinance or amendments to this ordinance, subject to the following provisions of the [this] section.
(a)
A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.
(b)
A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use or a less restricted one.
(c)
No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with regulations of this ordinance.
(d)
When a building containing a nonconforming use is damaged by any means or in any manner, it may be restored, within one (1) year, provided that its original use is not changed, and size of the building has not increased.
(e)
In the event that a nonconforming use of any building or land is abandoned or discontinued for a period of one (1) year, the use shall thereafter conform to the uses permitted in the district in which it is located.
(Ordinance 99-0928-A adopted 10/12/21)
§ 17.02 Nonconforming Structures and Buildings.
Structures and buildings that are existing and lawful on the effective date of this ordinance or amendments thereto, may be continued even though the structure or building does not conform with the dimensional or other provisions of this ordinance, subject to the following provisions of this section.
(a)
If a nonconforming structure or building is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then the nonconforming characteristics shall not be later re-established or increased to expand the nonconformity.
(b)
In the event that any nonconforming structure or building is damaged by any means or in any manner, it may be restored, within one (1) year, provided that its original use is not changed, and size is not increased to expand the nonconformity.
(c)
In the event a nonconforming residential structure or building is damaged by fire or other natural cause, the residential structure may be reconstructed on the same foundation provided the first-floor footprint and the total floor area does not exceed the size of the previous residence.
(d)
If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe due to lack of maintenance and repairs and is declared as such by the City of Bells, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the zoning district in which it is located.
(e)
A building that is nonconforming may be altered or rehabilitated if that activity will make the building conform to the regulations of this zoning ordinance and the building code.
(f)
A residential nonconforming building may be expanded provided the expansion will be within required setbacks; [and] other dimensional, bulk requirements are met (spacing between structures, height, maximum lot coverage, etc.). (Example: a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback remains conforming and maximum lot coverage is not exceeded.) The addition must comply with all building code requirements. Additional height above the nonconforming portion of the building shall not be permitted.
(g)
Nonresidential nonconforming buildings shall not be expanded, unless a variance is obtained from the Planning and Zoning Commission.
(h)
Nonconforming structures and buildings shall not be enlarged nor altered in a way which increases the nonconformity within the provisions of this ordinance or beyond the limits set in this section, unless approved by the Planning and Zoning Commission.
(Ordinance 99-0928-A adopted 10/12/21)
§ 17.03 Nonconforming Lots.
(a)
In any zoning district, notwithstanding limitations imposed by other provisions of this ordinance, where an existing lot of record fails to meet the requirements of this ordinance for minimum lot area, minimum lot width or both, of the zoning district in which it is located, the lot may be used for the permitted uses of the zoning district, including permitted accessory uses, provided other requirements of the zoning district in which the lot is located are met. The lot must be an existing lot of record, created prior to the effective date of the original zoning ordinance or the amendment that made the lot nonconforming.
(b)
A principal building and customary accessory buildings for a permitted use may be erected on any single lot of record existing at the effective date of this zoning ordinance, provided all other standards of the zoning ordinance are met. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that the buildings are in conformance with all other applicable yard setback, minimum floor area, maximum height and access requirements for the district in which they are located.
(c)
Where there are multiple contiguous nonconforming lots under single ownership they may be combined and used as a single lot.
(Ordinance 99-0928-A adopted 10/12/21)
§ 17.04 Nonconforming Sites.
The City of Bells may permit improvements and minor modifications to a conforming use and building on a site that does not meet all of the various site improvement related regulations of this zoning ordinance. This section is intended to allow gradual compliance with the site related requirements for sites which predate the various zoning ordinance standards for landscaping, paving, lighting and other non-safety items in proportion to the amount of expansion or improvement proposed. Improvements or expansions may be permitted by the Planning and Zoning Commission during site plan review without a complete upgrade of all site elements under the following conditions:
(a)
The applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building improvements or expansion.
(b)
The applicant has addressed safety related site issues on the overall site.
(c)
The improvements or minor expansion will not increase noncompliance with site requirements.
(Ordinance 99-0928-A adopted 10/12/21)
§ 17.05 Nonconformity Resulting In Right-Of-Way Acquisition.
Where a nonconforming front yard setback, [or] parking lot setback is created as a result of additional road right-of-way width being acquired by the county or state, the building or parking lot may be improved or expanded without the need to obtain a variance from the Planning and Zoning Commission, provided the following conditions are met:
(a)
The building or parking lot complied with the front yard setback prior to the acquisition of the additional road right-of-way.
(b)
The building or parking lot expansion will not reduce the remaining depth of the front yard setback.
(c)
All other ordinance requirements are met, and necessary approvals obtained.
(Ordinance 99-0928-A adopted 10/12/21)