Belleville Village City Zoning Code
ARTICLE 16
140 Nonconforming Use Regulations
§ 16.141 Nonconforming uses.
(1)
Continuance of a legal nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date as a legal nonconforming use, except as specified in this section.
(2)
Modification of a legal nonconforming use.
(a)
Except as permitted in Section 16.141(2)(b), a legal nonconforming use shall not be expanded, relocated, or changed to another nonconforming use unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter, as determined by the Zoning Administrator. If such a modification occurs, said use shall not be modified back to the original nonconforming use or to any other nonconforming use that does not better accomplish the purpose of this chapter.
(b)
A legal nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if said facilities are not available within one thousand (1,000) feet of the subject property.
(3)
Discontinuance of a legal nonconforming use. When any legal nonconforming use of any structure or land is discontinued for a period of twelve (12) months or three hundred and sixty-five (365) days, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.
(4)
Maintenance of a legal nonconforming use. The normal maintenance of a structure or land containing or related to a legal nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the legal nonconforming use in relation to the purpose of this chapter. In no instance shall said repairs exceed fifty (50) percent of the value of said structure or property prior to said repairs without bringing the structure or property into complete conformity with the provisions of this chapter.
§ 16.142 Nonconforming structures.
(1)
Any structure or building lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date as a legal nonconforming structure, except as hereafter specified.
(2)
Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.
(3)
When any legal nonconforming structure or building in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure or building shall be in conformance with the provisions of this chapter.
(4)
Whenever a legal nonconforming structure or building has been damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or Act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months or three hundred and sixty-five (365) days after such calamity, unless the damage to said structure or building equals or exceeds fifty (50) percent of its assessed value. In such cases, the reconstruction shall be in complete conformance with the provisions of this chapter.
(5)
Normal maintenance of a legal nonconforming structure or building is permitted, including necessary nonstructural repairs and incidental alterations which do not extend, enlarge, or intensify the nonconforming structure or building.
(6)
Alterations may be made to a building containing legal nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building, except that a conforming garage may be added if none previously existed.
(7)
A legal, nonconforming garage may be enlarged or replaced provided the following requirements are met:
(a)
That the proposed garage replacement or addition does not encroach farther into required setback(s) than the current legal, nonconforming structure;
(b)
That the proposed garage replacement or addition does not locate closer to an existing residence on an adjacent parcel than the sum of the required garage setback (on the subject property) and the required house setback (on said adjacent parcel); and
(c)
That precautions (determined on a case-by-case basis by the Building Inspector) are taken to reduce the possibility of fire damage to nearby structures.
(8)
Any structure or building for which a building permit has been lawfully granted prior to the effective date of this chapter, which will become a legal nonconforming structure under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided construction is started within twelve (12) months or three hundred and sixty-five (365) days of the effective date of this chapter, and provided that construction is completed within twenty-four (24) months or seven hundred thirty (730) calendar days of the effective date of this chapter or amendments thereto. Said structure or building shall thereafter be a legal nonconforming structure or building.
