(a)

Within the City of Belleview there exist nonconforming tracts, structures and uses of land which were lawful before the City Code, including zoning regulations, was adopted or amended, and which are prohibited or regulated and restricted after adoption of the City Code, including zoning regulations, or amendments thereto.

(b)

It is the intent of this zoning code to permit these nonconformities to continue until they are removed but not to encourage their survival. Nonconforming uses are declared by this zoning code to be incompatible with permitted uses in the district involved. It is further the intent of this zoning code that nonconformities shall not be enlarged upon, expanded, extended, or reconstructed to continue their nonconformity after major damage. Nor may nonconforming uses be expanded.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Nothing herein shall be interpreted as authorization for or approval of the continuation of the use of a structure or premises for unlawful purposes or in violation of any law.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Any use which is permitted by variance or special exception under the terms of this City Code, shall not be deemed a nonconforming use so long as the variance or special exception is valid and in effect.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The casual, temporary or illegal use of land or a structure shall not be sufficient to establish the existence of a nonconforming use or to create any right for the continuance of such a use.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The provisions of this article shall apply to buildings, structures, land, premises and/or uses which are now or hereafter become nonconforming due to a change in the City's land development regulations set forth in this subpart B of the City Code.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The provisions of this article are intended to apply to nonconforming uses, as well as to buildings and structures and their tracts which were valid until they became nonconforming with provisions of subpart B of the City Code regarding height, yards, tract size, tract area, coverage, setback, separation or other similar dimensional requirements or limitations.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Nonconforming uses shall not be extended or enlarged. For example:

(a)

Nonconforming uses, which occupy a portion of a building not originally designated or intended for such use, shall not be extended to any other part of the building. Nor shall nonconforming uses be expanded to any additional building(s) on the subject property.

(b)

No nonconforming use may be expanded upon the tract of land or to any additional building(s), not used for such nonconforming use, unless the expanded use conforms to the then current provisions of the City's land development regulations.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to one which conforms to the then current provisions of the zoning code. Normal maintenance and repair and incidental alteration of a nonconforming structure is allowed provided it does not increase the degree of nonconformity. Nothing in this article shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a nonconforming use.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

In the event any nonconforming structure or building, which is nonconforming or in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repairing or rebuilding such structure or building will exceed 50 percent of its assessed valuation at the time of the damage, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

Change of tenancy, ownership or management of a nonconforming use shall not alter the status of a nonconforming use. Further, a change of tenancy, ownership or of management shall not allow enlargement of a nonconforming use.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Upon abandonment or discontinuance of a nonconforming use, the premises shall not thereafter be used or occupied by a nonconforming use.

(b)

Disuse of a nonconforming use for a period of six months shall be deemed abandonment of such nonconforming use.

(c)

Discontinuance of utility service to premises, where a nonconforming use is located, for a period of six months or more shall be deemed proof of abandonment of the nonconforming use.

(d)

Change of use from nonconforming to a use which is in conformance with these land use regulations shall be proof of abandonment of the prior nonconforming use.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

In instances where vacant lots are contiguous on both sides to developed lots, the undeveloped lot may have a front yard and side yard setback in harmony with existing development without being considered a nonconforming use."

Note: In instances where applicable setbacks for development of a parcel of land would create a hardship or an aesthetically undesirable situation a variance pursuant to section 134-178 of the City Code may be applicable.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)