The Planning Board shall review and grant building lot approval as described and outlined in §
140-117.
This section shall establish the legality of nonconforming uses,
structures, lots and signs established prior to the effective date
of this chapter that do not conform to the regulations of this chapter
applicable in the zoning districts in which such nonconformities are
located.
A. Purpose.
(1)
The zoning districts established by this chapter are designed
to guide the future use of the Town's land by encouraging the development
of desirable residential, commercial and manufacturing-industrial
areas with appropriate groupings of compatible and related uses and
thus to promote and protect the public health, safety and general
welfare.
(2)
The continued existence of certain nonconformities is frequently
inconsistent with the Comprehensive Plan, and thus the gradual elimination
of such nonconformities is often desirable. Other nonconformities
may continue to exist and afford adaptive reuse opportunities that
can contribute to neighborhood character, diversity and services.
(3)
The regulations of this section are intended to restrict further
investments that would make nonconformities more permanent in their
location in inappropriate districts as well as to afford opportunities
for creative use and reuse of those other nonconformities that contribute
to a neighborhood and are consistent with the goals of the Comprehensive
Plan.
(4)
Separate restrictions are established for nonconforming uses
of land and structures designed for a permitted use; nonconforming
uses of structures not designed for a permitted use; nonconforming
structures; nonconforming lots of record; and nonconforming signs.
(5)
In the cases of nonconforming uses of land and nonconforming
signs, where the degree of incompatibility is frequently great, the
investment comparatively small, and the economic life short, elimination
of the nonconformity is required after a reasonable amortization period.
B. Certificate of nonconformity standards. A certificate of nonconformity
shall be required for any nonconforming uses, structures, lots and
signs in the Town of West Bloomfield prior to the approval of additional
applications that may be required. The Code Enforcement Officer shall
consider changes in the following in determining the intensity of
the use:
(3)
Volume and type of sales.
(4)
Type of processing activity.
(5)
Nature and location of storage.
(6)
Transportation requirements by volume, type and characteristics.
(8)
Noise, smoke, odor, glare, vibration, radiation and fumes.
C. Procedure.
(1)
Application. The owner of any nonconformity may at any time
apply to the Code Enforcement Officer for certification to establish
the legality of nonconformity as of a specified date.
(2)
Action by Code Enforcement Officer. Within 45 days following
receipt of an application by the Code Enforcement Officer, or such
longer time as may be agreed to by the applicant, the Code Enforcement
Officer shall cause such application to be reviewed for compliance
with this article and shall inform the applicant whether the application
has been approved, approved with restrictions or denied.
(3)
Approval or denial.
(a)
In reviewing an application for certification, the Code Enforcement
Officer shall determine if the required documents and proof are in
order and determine if the use, lot, structure or sign:
[1]
Was lawfully existing at the time of the adoption of the provision
creating the nonconformity in question;
[2]
Has been in continuous use since its establishment with no period
of discontinuance causing abandonment and is not in violation of any
provisions of this chapter;
[3]
Is of equal or less intensity than the existing nonconformity;
[4]
That fire damage is less than 50% to replace new.
(b)
The Code Enforcement Officer shall issue a certificate evidencing
such facts and setting forth the nature and extent of the nonconformity
and the date, if any, upon which such nonconformity is required to
be terminated; otherwise, the Code Enforcement Officer shall decline
to issue such certificate and shall declare such building, structure
or sign to be in violation of this chapter.
D. Limitations of certificates.
(1)
A certificate of legal nonconformity for a nonconforming use
shall be valid until the termination of the use.
(2)
A certificate of legal nonconformity for a nonconforming structure
shall be valid until the demolition of the structure.
(3)
A certificate of legal nonconformity for a nonconforming lot
of record shall be valid indefinitely or until the lot is merged with
another lot for a single development.
E. Appeal.
(1)
Appeal of a decision by the Code Enforcement Officer on a certificate
of nonconformity shall be taken to the Zoning Board of Appeals within
60 days of the mailing of the Officer's decision.
(2)
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the certificate of nonconformity may be
taken within 32 days of the filing of such decision, by any person
aggrieved or by any authorized officer, department or board of the
Town, in accordance with Article 78 of the New York Civil Practice
Law and Rules.
Procedures and limitations on other permits issued by the Code Enforcement Officer are contained in Chapter
56, titled "Building Code Administration," of the Code of West Bloomfield.