New Bloomfield City Zoning Code
PART 13
NONCONFORMING BUILDINGS, USES AND LOTS
§ 26-141 Continuance.
[Ord. No. 368, 11/7/2023]
Except as otherwise provided in this chapter the lawful use of buildings, structures and/or other improvements existing at the date of the adoption of this chapter in 1975 may be continued, although such improvement or its use does not conform to the regulations specified by this chapter for the district in which it is located.
§ 26-142 Abandonment.
[Ord. No. 368, 11/7/2023]
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied except in conformance with this chapter.
§ 26-143 Restoration.
[Ord. No. 368, 11/7/2023]
A.
If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other natural act or by act of the public enemy to an extent of more than 60% of the building, then such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored or repaired to its original limitations without conforming to this chapter.
B.
Any enlargement or addition shall not be allowed except on conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector.
§ 26-144 Reversion.
[Ord. No. 368, 11/7/2023]
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
§ 26-145 Alterations.
[Ord. No. 368, 11/7/2023]
A.
Nonconforming building setbacks may not be decreased except upon special exception or variance granted by approval of the Zoning Hearing Board, in accordance with the law and this chapter.
B.
A nonconforming building may be altered or improved, provided that the alteration or improvement does not amount to a substantial increase of a nonconforming use; but if such alterations or improvement involve any increase in lands so used or in the cubic content of the buildings so used, the permit for the alteration or improvement shall be issued only upon special exception granted in accordance with law. In addition, the following criteria shall apply:
(1)
The proposed alteration shall be within the lot limits which existed for the property in question at the time of the adoption of this chapter.
(2)
The proposed alteration shall not exceed 25% of the gross floor area occupied by the nonconforming use at the time of the enactment of this chapter (in 1975), subject to the approval of the Zoning Hearing Board.
C.
No proposed alteration shall cause an increased detrimental effect on the surrounding neighborhood.
§ 26-146 Construction approved prior to ordinance.
[Ord. No. 368, 11/7/2023]
A.
Nothing herein (NOTE: In this Part, §§ 26-141 to 26-149 of this chapter, in particular.) contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this [1975] ordinance.
B.
Structures constructed before 1975, or as permitted above, situated against then-existing side alleys but not in adherence to currently listed side setbacks, shall not be deemed nonconforming for this reason alone. Any zoning or planning requests hereafter shall not use this issue as a sole reason for denying an otherwise permitted use.
§ 26-147 District changes.
[Ord. No. 368, 11/7/2023]
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 26-148 Discontinued nonconforming use of open space.
[Ord. No. 368, 11/7/2023]
In any district, any nonconforming sign, billboard, storage area (including, but not limited to, any outdoor storage that is not entirely shielded from public view in a manner approved by the Planning Commission), and similar nonconforming uses of open land not involving a substantial investment in permanent buildings, when inactive or discontinued for a period of six months or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed.
§ 26-149 Use of nonconforming lots.
[Ord. No. 368, 11/7/2023]
A.
Lots of record in existence at the effective date of adoption of this chapter in 1975 which do not meet the lot area or lot width requirements of the prevailing zoning district, and do not form part of a continuous frontage with other lots in the same ownership, may be utilized for the permitted uses within said district, however a nonconforming lot shall not be further reduced in size.
B.
Where two or more abutting lots of record are held in one ownership, either legal or equitable, or subsequently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this chapter; and the provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
§ 26-150 Correction or abatement on nonconforming uses.
[Ord. No. 368, 11/7/2023]
Land owners shall have 30 days (NOTE: Subject to appeal, see § 26-164 of this chapter.) (seven days if cited as a health issue) to mitigate, correct, or eliminate a nonconforming use no longer deemed a continuance (NOTE: Per § 26-141 of this chapter, subject to §§ 26-142 to 26-149 of this chapter.) after written notice (NOTE: Any means of notice outlined in § 9-303, Notice of Violation, are acceptable.) by the Zoning Officer, Enforcement Officer or another authority representing the municipality. Examples of such correction or abatement may include orders to demolish, to remove, to secure, to repair, and/or to install and maintain an approved cover, screen, and/or buffer.