A. Nonconforming Uses. The lawful use of a building, structure, property or fixture that existed at the time this Chapter or an applicable amendment to this Chapter took effect and which is not in conformity with the provisions of the Chapter, including the routine maintenance of such a building, structure or property, may be continued, subject to the following conditions, exceptions and regulations:
1. If a nonconforming use is discontinued for twelve consecutive months, any future use of the building, structure, property or fixture shall conform to this Chapter.
2. Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this Chapter may be continued although such use does not conform with the provisions of the Chapter. However, such nonconforming use may not be extended or enlarged.
3. Total structural repairs or alterations in such a nonconforming building, premises, structure or fixture shall not during its life exceed 50 percent of the assessed value of the building, premises, structure or fixture unless it is permanently changed to conform to the use provision of this Chapter.
4. A file of all non-conforming uses shall be maintained by the Zoning Administrator listing the following: owner's name and address; tax identification number, use of the buildings, premises, structures and fixtures, and the accumulated value of any permitted repairs since becoming a non-conforming use.
B. 16
Nonconforming Structures.
1. Definitions. In this chapter:
“Development Regulations” means the part of this Planning and Zoning Code that applies to elements including setbacks, height, lot area, lot width, lot coverage, yards, parking, loading, access, etc.
“Nonconforming Structure” means a dwelling or other building that existed lawfully before the current Planning and Zoning Code was enacted or amended, but that does not conform with one or more of the development regulations in the current Code.
2. Repair, rebuilding and maintenance of a nonconforming structure. Pursuant to Wis. Stat. s. 62.23(7)(h), the repair, maintenance, renovation, or remodeling of a nonconforming structure may proceed without regard to the cost of the work.
3. A nonconforming structure may not be extended, enlarged, reconstructed, moved, structurally altered or expanded except when:
a. Such extension, enlargement, reconstruction, etc. is required by law or so as to comply with the provisions of this Chapter; or
b. The change does not result in an increase to the nonconforming nature of the structure. No such change may increase the parking requirements for the use unless the on- site parking requirements of this Chapter are met.
4. Restoration or Replacement of Certain Nonconforming Structures. Pursuant to Wis. Stat. s. 62.23(7)(hc), a nonconforming structure that is damaged beyond repair or destroyed may only be reconstructed in conformance with the provisions of this chapter, except that such a structure may be restored or replaced to the size, location and use that it had immediately before the damage or destruction occurred as follows:
a. The damage or destruction occurred on or after March 2, 2006; and
b. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
c. If the requirements of a. and b. are met, the size of the structure may be larger than the size it was immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state, federal and Village requirements.
C. Existing Nonconforming (Substandard) Properties.
1. Definition. ”Substandard lot” means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.
2. A substandard lot may be conveyed and may be used as a single building site provided that the use is permitted in the district and the following conditions are met:
a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.
b. The substandard lot or parcel is developed to comply with all other ordinances of the Village, including the provisions for private sewerage systems required in Chapter 10 of this Code.
3. Construction on any substandard lot shall comply as nearly as possible with all relevant district and shoreland requirements insofar as is practicable, as determined by the relevant provisions of this Chapter, and with the following guidelines:
Lot | Width | Minimum 30 ft. |
Area | Minimum 4,000 sq. ft. | |
Building | Height | Maximum 30 ft. |
Yard (Setbacks) | Street | Minimum 25 ft., the second street yard on corner lot shall not be less than 10 feet |
Side | 16 percent of the lot width, but not less than 5 Feet nor greater than the zoning district side yard setback requirement for a standard lot | |
Rear | Minimum 25 ft. |
4. A person may, but shall not be required, to combine a substandard lot with another substandard lot, or a standard lot, for purposes of development. Such lots may be combined into one lot by use of a deed restriction, quit claim deed, or similar instrument, which shall be recorded in the office of the County Register of Deeds. In the A-1 and A-3 agricultural district, a farm owner is permitted to divide off separate parcels for the residences of the parents or children of the farm owner, and such parcels shall be considered as separate lots, must meet A-2 District zoning requirements and shall not be considered substandard lots. The provisions of Chapter 30 apply to these divisions.
5. Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812. Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall be governed by Chapter 10, Public and Private Sewage Systems, of this Code. No private waste disposal systems or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without full compliance with Chapter 10. A zoning permit for a principal structure or an addition thereto may not be issued until evidence of such compliance is provided to the Zoning Administrator.
Notes
| 16 | 16 Amended 8-6-2018, Ordinance #2018-5 |