Bellville City Zoning Code
NON-CONFORMING USES
§ 155.380 INCOMPATIBILITY; INTENT.
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, uses of land, structures, and uses of structures and land in combination which were lawful before this chapter was passed or its present amendments adopted, but which would be prohibited, regulated or restricted under the terms of this chapter or amendments. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. Non-conformities are declared by this chapter to be incompatible with permitted uses in the districts in which the use is located. A non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be extended or enlarged more than 10%. However, a non-conforming use which is consistent with the current zoning may be substituted for an existing use. Nothing in this chapter shall be deemed to require a change in the plans, constructions, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of amendment of this chapter and upon which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, providing that work shall be carried out diligently.
(Ord. 87-27, § 580, passed 7-7-1987)
§ 155.381 SINGLE NON-CONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment of the ordinance codified herein. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable within the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements of this chapter other than lot area or lot width shall be obtained only through action of the Planning Commission as provided in § 155.403. No portion of any lot shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter.
(Ord. 87-27, § 581, passed 7-7-1987)
§ 155.382 NON-CONFORMING USES OF LAND.
Where, at the time of adoption of this chapter, lawful uses of land exist which would not be permitted by this chapter, the uses may be continued so long as they remain otherwise lawful, provided:
(A) No such non-conforming uses shall be enlarged or increased, nor extended, to occupy more than 10% more of the area of land than was occupied at the effective date of the adoption or amendment of this chapter;
(B) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of the adoption or amendment of this chapter;
(C) If any non-conforming uses of land are discontinued or abandoned for more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the non-conforming use of land.
(Ord. 87-27, § 582, passed 7-7-1987)
§ 155.383 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of the adoption or amendment of this chapter that could not be built under the terms of this chapter 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 existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged or extended more than 10%, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(B) Should such non-conforming structure or non-conforming portion of a structure be destroyed, it may not be reconstructed.
(C) Should any structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 87-27, § 583, passed 7-7-1987)
§ 155.384 NON-CONFORMING USES OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged or extended by more than 10% moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(B) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such a use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building;
(C) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use for a period of two years, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed;
(D) When a non-conforming use of structure, or structure and land in combination, is discontinued or abandoned for more than six months, the structure or structure and land combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(E) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(Ord. 87-27, § 584, passed 7-7-1987)
§ 155.385 REPAIRS AND MAINTENANCE.
On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became non-conforming shall not be increased except as herein above provided. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. 87-27, § 585, passed 7-7-1987)
§ 155.386 SINGLE DWELLING UNIT EXCEPTION.
Notwithstanding the provisions of §§ 155.380 to 155.385 inclusive of this chapter, any one- or two-family dwelling unit located in any use district in this village may be expanded, enlarged, repaired, or rebuilt after demolition by any cause so long as its use is not changed from that of a one- or two-family dwelling unit. The repair or rebuilding of the dwelling unit shall result in a structure similar in size, shape, and character to the previously existing structure. To facilitate the eventual conversion of the property to a conforming use, the expansion or enlargement of the dwelling unit shall be in compliance with the general structural, surface, and setback requirements of the district in which the unit is located, and the prior nonconforming use shall be preserved for such expansion or enlargement.
(Ord. 87-27, § 586, passed 7-7-1987; Am. Ord. 12-2018, passed 4-17-2018)
§ 155.387 ACCESSORY USE EXCEPTION.
Notwithstanding the provisions of §§ 155.380 to 155.385 inclusive of this chapter, the owner or occupant of any one- or two-family dwelling unit located in any use district may engage in any accessory use or construct any accessory building that would be permitted in the R-1, Residential District, in accordance with the provisions of § 155.091 above.
(Ord. 87-27, § 587, passed 7-7-1987)