Blooming Grove City Zoning Code
ARTICLE XV
Nonconforming Uses and Noncomplying Bulk
§ 235-67 Applicability.
This article applies to lots, buildings, structures and nonbuilding uses in existence on the effective date of this chapter. The lawful use of any such premises or uses existing on the effective date of this chapter may be continued although neither such use nor the bulk of the same conforms and/or complies with the requirements, except as hereinafter provided. No change of title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building or other structure.
§ 235-68 Buildings, structures or lots with noncomplying bulk.
A.
Normal maintenance and repair, structural alteration, reconstruction or enlargement of a building or structure with noncomplying bulk is permitted if the same does not increase the degree of or create any new noncomplying bulk in such building or structure.
B.
Noncomplying lots.
[Amended 12-27-2005 by L.L. No. 7-2005]
(1)
Except as set forth in Subsection B(3) below:
(a)
Where there are two or more adjoining noncomplying lots in a subdivision approved by the Planning Board or filed in the office of the County Clerk more than three years prior to December 27, 2005, and which are held in the same ownership on December 27, 2005, said lots shall be deemed merged to create a single building lot.
(b)
Where there are two or more adjoining noncomplying lots in a subdivision approved by the Planning Board and filed in the office of the County Clerk prior to December 27, 2005, but less than three years prior to December 27, 2005, and which are held in the same ownership on the effective date of this chapter, said lots shall be exempt from the lot size and other dimensional requirements of this chapter for a period of three years from the date of filing in the office of the County Clerk, but said lots shall be deemed merged to create a single building lot at the end of said three-year period.
(c)
Where there are two or more adjoining noncomplying lots in a subdivision approved by the Planning Board and filed in the office of the County Clerk after December 27, 2005, but which are made noncomplying as to lot size or other dimensional requirement by any amendment of this chapter and which are held in the same ownership on the effective date of such amendments, said lots shall be exempt from the requirements of such amendment for a period of three years from the date of filing in the office of the County Clerk, but said lots shall be deemed merged to create a single building lot at the end of said three-year period.
(2)
Where the Zoning Board of Appeals grants variances to all such merged lots so as to authorize such lots as valid building lots, the owner is not required to apply to the Planning Board to obtain subdivision approval of said merged lots.
C.
A lot shall not be considered noncomplying with respect to the front yard requirement of this chapter if said condition is the result of a street right-of-way widening reservation or dedication, whether in fee or easement, required by the Planning Board at the time of subdivision or site development plan approval.
D.
Where an existing residence or a proposed addition thereto does not comply with the side yard requirements of this chapter, the addition may be constructed without a variance, notwithstanding such noncompliance, provided that each side yard is at least 20 feet and the combined side yards dimension is at least 45 feet.
§ 235-69 Additional considerations.
A.
Repair and alterations. Normal maintenance and repair of a building or structure is permitted if it does not extend or enlarge the nonconforming use. No extension, alteration or enlargement shall be made in a building or structure occupied by a nonconforming use, nor in a nonconforming nonbuilding use, except:
B.
Change of use. Any nonconforming use may be changed to any conforming use or, on application to and with the approval of the Board of Appeals, to any use which the Board of Appeals deems to be more similar in character with the uses permitted in the district in which said change of use is proposed. Any nonconforming use may be changed to a conforming use, even if the building or structure occupied by said use is noncomplying as to bulk; provided, however, that said change must be approved by the Zoning Board of Appeals and is subject to all other applicable requirements including site plan approval. No nonconforming uses, buildings or other structures, if once changed to conform with this chapter, shall thereafter be changed so as to be made nonconforming.
C.
Cessation of use. If active and continuous operations are not carried on in a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. The time period set forth herein shall be tolled for any cessation of use caused by and pursuant to a court order.
D.
"Permitted extension or enlargement" shall mean:
(1)
In the case of a nonconforming use in a building, the enlargement or extension of such use within any existing building to any portion of the floor area therein not formerly used for such nonconforming use, but only where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
(2)
In the case of a nonconforming nonbuilding use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter; and, further, provided that such extension or enlargement is granted site development plan approval.
E.
Damage and destruction.
(1)
A building or structure occupied by a nonconforming use damaged by fire or other causes to the extent of at least 75% of last full value as shown in the records located in the Town Assessor's office, excluding the assessed valuation of the land thereof, shall not be repaired or rebuilt except in conformity with the requirements of this chapter. Any building, structure or any part thereof occupied by a nonconforming use which is damaged to an extent less than 75% of last full value as shown in the records located in the Town Assessor's office, excluding the assessed valuation of the land, may be repaired, provided that a building permit is obtained within one year after such damage; otherwise such building, structure or part thereof shall thereafter be occupied only by a conforming use and shall comply with the bulk requirements of this chapter.
(2)
A noncomplying building or structure which is not used by a nonconforming or illegal use and which is damaged or destroyed may be reconstructed or repaired, provided that the reconstructed or repaired building or structure complies with all requirements of this chapter; or is no greater in size than the former building or structure and any deviations from the requirements of this chapter are varied by the Zoning Board of Appeals.
§ 235-70 Unlawful uses.
A.
No unlawful building or structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.
B.
All buildings or structures or use of a building or structure, lot or land lawfully existing prior to the effective date of this chapter or subsequent amendments thereto which do not conform to the provisions of this chapter shall be the subject of an application filed within six months in the office of the Building Inspector so that their status as legal nonconforming uses may be established.
§ 235-71 Nonconforming adult uses.
[Added 7-13-1998 by L.L. No. 1-1998]
Any adult use in lawful existence on the effective date of this section shall, within one year of such effective date, be either terminated or caused to comply with all provisions of this chapter. The owner of property containing such an adult use may apply to the Zoning Board of Appeals for an extension of said one-year amortization period for such additional time deemed necessary by the Zoning Board of Appeals for the adult use to recoup its expenditures. Failure to make such application to the Zoning Board of Appeals prior to expiration of the one-year period shall be deemed a waiver of this opportunity to seek an extension of the amortization period.