Bloomington City Zoning Code
ARTICLE XI
Nonconforming Buildings and Uses
§ 44-1101 [Ch. 44, 11-1] Purpose and intent.
A.
Existing lots, buildings, structures and uses of land that were lawfully established and have subsequently been prohibited, regulated, or restricted under the adoption or amendment of this Code, shall be considered nonconforming.
B.
Nonconforming uses are declared by this Code to be incompatible with permitted uses in the districts in which they are located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming lot, building, structure, or use shall not be extended or enlarged after passage of this Code by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(1)
Authority to continue. It is the intent of this article to permit nonconforming lots, buildings, structures, and uses to continue, within the parameters established in this article, until they are removed, but not to encourage their continued use or survival.
(2)
No expansion. It is the intent of this article that nonconforming lots, buildings, structures, and uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district, except as may be provided for in this article.
(3)
Construction prior to effective date of this chapter. Nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction material in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.
(4)
Acquisition of nonconformities. The City may acquire, through purchase or condemnation, private nonconforming lots, buildings, structures, and uses. The City Council may take action in the manner provided for by law.
§ 44-1102 [Ch. 44, 11-2] Nonconforming buildings and structures.
A.
Where a lawful structure exists at the effective date of adoption or amendment of this Code that does not conform to the terms of this Code by reason of restrictions on the area, lot coverage, height, yards, its location on the lot, or other zoning requirements concerning the structure, such structure may be continued, regardless of any change in tenancy, ownership, or management, so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming building or structure shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in a manner that conforms to the requirements of this Code;
(2)
A nonconforming building, structure or portion thereof may be altered to decrease its nonconformity;
§ 44-1103 [Ch. 44, 11-3] Nonconforming uses of land.
A.
A nonconforming use may be continued so long as it remains otherwise lawful, provided:
(1)
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code;
(2)
Nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
(3)
No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code;
(4)
A special use permit may be granted authorizing the change of a nonconforming use to another nonconforming use, provided that the City Council, after a public hearing by the Bloomington Zoning Board of Appeals, shall find that the proposed use more compatible to the district than the existing nonconforming use. In permitting such change, the City Council may require appropriate conditions and safeguards in accord with the provisions of this Code.
[Amended 10-24-2022 by Ord. No. 2022-99]
§ 44-1104 [Ch. 44, 11-4] Nonconforming lots.
Any lot of record at the effective date of adoption or amendment of this section may be used for any principal permitted use in that district, even though such lot does not conform to the area or width requirements of the district in which it is located. Any new structure erected on such a lot shall conform to the yard dimensions and other requirements of the district in which it is located.
§ 44-1105 [Ch. 44, 11-5] Discontinuance of use.
A.
Whenever any building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of the Code, such premises shall not thereafter be used or occupied by a nonconforming use.
B.
When a nonconforming use of a structure-is discontinued for any reason for a continuous period of one year, such use shall not be re-established, and the use of the premises shall thereafter conform to the requirements of this Code.
C.
Where no enclosed building is involved, discontinuance of a nonconforming use for a continuous period of six months shall constitute abandonment, and the use of the premises shall thereafter conform to the requirements of this Code.
D.
With the exception of single-family structures, built as such, when a structure containing a nonconforming use is damaged to an extent exceeding 50% of its gross floor area or replacement value the nonconforming use shall not be re-established, and the premises shall thereafter conform to the requirements of this Code.
[Amended 10-24-2022 by Ord. No. 2022-99]
§ 44-1106 [Ch. 44, 11-6] Damage and destruction.
A.
When a nonconforming structure or nonconforming portion of a structure is destroyed by any means to an extent exceeding 50% of its gross floor area or replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code;
§ 44-1107 [Ch. 44, 11-7] Repairs and alterations.
A.
The ordinary repairs and maintenance of a nonconforming building or structure or a building containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations that do not extend or intensify the nonconformity.
B.
No structural alteration shall be made to a nonconforming building or structure, or in a building containing a nonconforming use, except in the following situations:
(1)
When the alteration is required by law;
(2)
When the alteration will result in elimination of the nonconformity;
(3)
When a building in a residential district will be altered in a way to improve life safety or livability, provided that the structural alteration will not increase the number of dwelling units nor enlarge or expand the building.