Bellevue City Zoning Code
CHAPTER 1211
Nonconforming Uses
1211.01 INTENT.
At the time of adoption of this Zoning Ordinance, there exists lots of record, structures and uses of structures and land which do not conform to the requirements of this Zoning Ordinance. While such conditions are generally permitted to continue, the purpose of this Chapter is to:
(a) Set forth specific procedures and requirements controlling the continuation, expansion or alteration of such nonconformities, and in certain cases, to establish specific requirements to eliminate such conditions.
(b) Encourage the improvement and maintenance of non-conformities in order to maintain the quality and the character of zoning districts.
(Ord. 1-15. Passed 2-23-15.)
1211.02 EXTENSION AND COMPLIANCE STANDARDS.
(a) A nonconforming use shall not be extended, enlarged, restored, structurally altered, or moved except as hereinafter specified.
(b) The change of ownership of a nonconforming building, structure, use or lot of record does not, in itself, require the nonconformity to be corrected.
(c) Nonconforming uses that have been discontinued for a period of eighteen (18) months for residences and commercial, and twenty-four (24) months for industrial, shall not be re-established, except in conformity with the requirements of this Zoning Ordinance. Nonconforming uses include use of land, structures, and/or equipment and fixtures.
(d) If any nonconforming building, structure, or use is damaged to the extent that the use or occupation cannot continue, the right to maintain the nonconformity shall terminate, unless it can be re-established or occupied with eighteen (18) months for residential or commercial, and twenty-four (24) months for industrial.
(Ord. 1-15. Passed 2-23-15.)
1211.03 NONCONFORMING USES.
Where otherwise lawful uses of land or structures exist at the effective date of adoption of this Zoning Ordinance, or amendments thereto, which would not be permitted by the regulation contained in this Zoning Ordinance, such uses may be continued so long as they remain otherwise lawful, provided:
(a) Any nonconforming use may, upon approval by the Board of Zoning Appeals, be expanded not to exceed twenty-five percent (25%) of the ground floor square footage as comprised in the original nonconforming use, provided that such expansion conforms to all other zoning requirements pertaining to the use as determined by the Board. The expansion of a nonconforming use located within a nonconforming building or structure shall comply with the requirements of Section 1211.05.
(b) A change from one nonconforming use to another may be permitted, provided that the Board of Zoning Appeals determines that the adverse effects of the proposed use do not exceed those of the previous use. In making that determination, the Board shall consider traffic generation by employees or customers, parking requirements and any other pertinent criteria.
(c) The Board of Zoning Appeals shall hold a public hearing to consider the application. The public notice requirements found in Section 1229.10 shall be followed.
(d) A request for change in the conforming use of a lot or structure shall be accompanied by a complete application and fee. Review process shall follow the procedures set forth in Chapter 1229.
(e) Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this Zoning Ordinance shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. Such conditionally permitted use shall be considered a conforming use on the particular lot on which it is located, if it meets all the requirements of the district in which it is located.
(f) Any expansion of a nonconforming use shall not be allowed into adjacent lots purchased after the zoning code made the original building a nonconforming use or into adjacent lots previously owned by the same land owner and used in conformity with the zoning code and which did not qualify as a nonconforming use.
(g) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel, other than that occupied by such uses at the effective date of adoption or amendment of this Zoning Ordinance.
(h) No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such nonconforming use of land.
(i) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by permitted use, shall thereafter conform to the regulation for the district, and the nonconforming use may not thereafter be resumed.
(j) Any nonconforming use of the land, where no principle building exists, shall remain lawful for two (2) years after the adoption of this Zoning Ordinance. Thereafter, the land shall be used only in conformance with the use regulations for the district in which the land is located.
(Ord. 1-15. Passed 2-23-15.)
1211.04 NONCONFORMING LOTS OF RECORD.
Any lot of record existing at the effective date of adoption of this Zoning Ordinance or any of its subsequent amendments, which does not conform to the lot requirements of the districts in which it is located, is to be considered to be a nonconforming lot of record.
(a) Where there exists one nonconforming lot of record in single ownership, with frontage along a public right of way, such shall be considered a buildable lot for the district in which it is located. However, any use shall comply with the other requirements pertaining to the use and district.
(b) Where two (2) or more contiguous, nonconforming, vacant lots of record are in single ownership, the Zoning Administrator may require replatting to minimize the nonconformity. The replatted lots shall be approved by the Planning Commission and once approve, the replatted lots shall be considered as having met the lot size requirements of this Zoning Ordinance. The number of replatted lots of record shall at least equal one-half of the original number of lots of record.
(Ord. 1-15. Passed 2-23-15.)
1211.05 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its noncomformity.
(b) Should such structure be moved for any reasons for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 1-15. Passed 2-23-15.)