Belvidere City Zoning Code
ARTICLE XXII
Nonconforming Uses, Buildings or Structures
§ 505-101 Unlawful uses.
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.
§ 505-102 Continuance of use; repair of building.
A.
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.
B.
A building or structure used by a nonconforming use at the effective date of this chapter may be restored or repaired in the event of partial destruction thereof.
C.
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part.
§ 505-103 Extension of use.
A nonconforming use shall not be enlarged or extended except as may be permitted by the Planning Board.
§ 505-104 Change of use.
A nonconforming use shall be changed only to a conforming use except as may be permitted by the Planning Board.
§ 505-105 Abandonment of use.
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 24 consecutive months.
(3)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
B.
A nonconforming use that has been abandoned shall not thereafter be reinstated.
§ 505-106 Conforming lots in former R-50 Single-Family Residential District.
[Added 3-20-1989 by Ord. No. 89-3]
A.
Any lot separately existing of record and designated as a separate lot on the Tax Map of the Town of Belvidere as of the date of adoption of this amendment to the Belvidere Zoning Ordinance deleting the R-50 District and redesignating the same as R-75 Districts, and which lot is conforming to the bulk and use requirements set forth in Subsection A(3) herein, shall be considered a conforming lot for all land use and development purposes, including, but not limited to, the separate development thereof by construction of a principal and/or accessory building thereon and which shall be additionally subject to the following provisions:
(1)
Any principal and/or accessory building or structure already located upon such a lot may be repaired, restored, renovated or rebuilt, if partially damaged or totally destroyed by fire, flood or any other cause whatsoever, whether or not such cause be within the control of the owner thereof, provided that the provisions of Subsection A(3) herein are complied with.
(2)
Such principal and/or accessory building or structure may be expanded or enlarged, provided that such expansion or enlargement shall be in accordance with the requirements of Subsection A(3) herein.
(3)
The provisions of this section shall be applicable, provided that the following bulk requirements are met with respect to any such lot and principal and accessory building or structure:
(a)
The maximum building height shall be 35 feet.
(b)
The minimum lot area shall be 7,500 square feet.
(c)
The minimum lot width shall be 50 feet.
(d)
The maximum lot coverage shall be 30%.
(e)
The minimum front yard setback shall be 30 feet.
(f)
The minimum side yard setback shall be eight feet for one side and 18 feet total for both sides.
(g)
Side yard setback abutting a side street on a corner lot shall be 14 feet.
(h)
Rear yard setback shall be 40 feet.
(i)
The principal and accessory use requirements presently applicable to the R-75 District shall be complied with.
B.
The foregoing provisions notwithstanding, no new lot(s) shall be created by subdivision or otherwise, nor shall any such subdivision application be approved by the Planning Board, unless such new lot(s) shall conform to the area and other bulk requirements applicable to the zoning district in which said lot(s) is located.
