Bloomfield Village City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 135-34 Zoned lot regulations.
Existing zoned lots of record.
A nonconforming zoned lot of official record existing at the effective date of this chapter may be used for any purpose permitted in the zone district in which it is located, irrespective of its area or width, provided that:
The owner does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot; and
Provided that the minimum area for such lot shall be 15,000 square feet and a minimum lot width of 75 feet in the R-1-20 Residential District, and 10,000 square feet and a minimum lot width of 50 feet in the R-1-15 Residential District; and
That all other provisions of this chapter are adhered to.
No lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots.
§ 135-35 Continuance.
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The following provisions shall, however, apply to all nonconforming uses:
A nonconforming lot shall not be further reduced in size.
A nonconforming building shall not be enlarged, extended, or increased unless such enlargement would tend to reduce the degree of nonconformance.
A nonconforming use existing at the date of adoption of this chapter may not be changed to another nonconforming use.
A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again except in accordance with these regulations.
§ 135-36 Certification of nonconformance.
After the effective date of this chapter, upon the written request of the user of any structure or premises, or at the instance of the Code Enforcement Officer (CEO), an examination by the CEO of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a certificate of existing nonconforming use, which shall clearly describe the premises and structure, if any, referred to, and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be maintained by the Code Enforcement Officer, one copy of which shall be furnished to the Zoning Board of Appeals, and one copy to be furnished to the owner or user.
A nonconforming use and/or structure shall not be expanded except in conformance with the procedures and regulations specified in this section. In no case shall such expansion extend beyond the lot occupied by such nonconforming use or structure. The expansion of a nonconforming use or structure hereunder shall be subject to approval by the Zoning Board of Appeals, and each case shall be considered on an individual basis, providing that the expansion reduces the degree of nonconformity. Application forms for the expansion of a nonconforming use and/or structure shall be obtained from the Code Enforcement Officer (CEO). The CEO shall issue a permit to allow the expansion of a preexisting, nonconforming use and/or structure only upon written authorization of the Zoning Board of Appeals. The Village Zoning Board of Appeals in considering such special requests shall, at a minimum, address the following potential concerns as listed in § 135-37.
§ 135-37 Expansion of nonconforming uses and/or structures.
Standards applicable to authorizing the expansion of a nonconforming use and/or structure.
The location and size of the nonconforming use and/or structure, the nature and intensity of the operations involved in or conducted in connection with it, the size and site in relation to it, the location of the site in relation to it, and the location of the site with respect to streets giving access thereto shall be provided. Conditions shall be in place such that the expansion will not be inconsistent with the orderly development of the district in which the use is located and will be less nonconforming than the existing use or structure.
Screening or other protective measures shall be adequate to protect any adjacent properties from objectionable aspects of any such expansion of the nonconforming use.
Off-street parking areas shall be of adequate size for the particular use, and access drives shall be laid out so as to achieve maximum safety and minimum inconvenience to adjacent properties.
The Village Zoning Board of Appeals may prescribe any condition that it deems necessary or desirable to aid it in making a determination on the application and to protect the interests of the community and adjacent properties.
In the case of nonconforming lots which comply with the provisions for modification (see § 135-35), the combined total side yard requirements, as specified in Schedule I,[1] shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in Schedule I for the zone in which it is located. In an R-1-20 District, in no case shall the combined side yard width be reduced to less than 25 feet, nor shall any single yard be less than 10 feet in width. In an R-1-15 Residential District, in no case shall the combined side yard width be reduced to less than 20 feet nor shall any single yard be less than eight feet.
[1]
Editor's Note: Schedule I, Zoning Schedule, is included as an attachment to this chapter.
Public hearing.
Before authorizing the expansion of a nonconforming use and/or structure, the Village Zoning Board of Appeals shall give public notice and hold a public hearing on the application in the same manner as required by law for amendments to this chapter.
Prior to such public hearing, the application shall be referred to the Village Planning Board for report and recommendation. The Planning Board shall have 45 days after said referral to state its position relative to the proposed application. The Village Zoning Board of Appeals shall hold such public hearing at the earliest possible date following the forty-five-day referral period and may take action on the proposal as it deems appropriate.
Limitations. An authorization to permit the expansion of a nonconforming use and/or structure shall be deemed to authorize only the particular use or structure specified in the application, and shall apply only to the area specified in the permit. A permit authorizing an expansion under this section shall expire within six months of the date of issuance if the nonconforming use and/or structure is not expanded or enlarged.
§ 135-38 Abandonment.
In any district, whenever a nonconforming use of land, premises, building, or structure, or any part or portion thereof, has been discontinued for a period of six months, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or part of portion thereof, for such period of six months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the CEO in the form of removal of buildings, structures, machinery, equipment, and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed as of the date observed, and all rights to reestablish or continue such nonconforming use shall thereupon terminate. The CEO shall prepare written notice of such abandonment and file copies with the Zoning Board of Appeals, the Village Clerk/Treasurer, and the property owner(s).
§ 135-39 Restoration.
Any building damaged by fire or other unintentional causes to the extent of more than 50% of its true value shall not be repaired or rebuilt except in conformance with this chapter. In the case of a permitted restoration of a nonconforming use, such restoration shall not increase the degree of nonconformance.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall or roof which has been declared unsafe by the CEO.
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided it does not extend the area or volume of space occupied by the nonconforming use.
Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
Any building damaged by fire or other unintentional causes which lies within the HDO Historic District Overlay area on the Official Zoning Map may be rebuilt to its previously existing area or use so as to restore the site to its original status.
§ 135-40 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 135-41 Construction approval prior to adoption of chapter.
Nothing herein contained shall require any change in plans, construction, or designated use of a building or site complying with existing laws, a permit for which had been duly granted before the date of adoption of this chapter or any applicable amendment thereto.