A. 
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Onalaska.
A. 
The regulations established herein are derived from and established in accordance with the City of Onalaska Comprehensive Plan. This Unified Development Code provides regulations to implement the goals, objectives, policies and recommendations of the City of Onalaska Comprehensive Plan. References to the contents of the City of Onalaska Comprehensive Plan are contained herein.
A. 
All other ordinances or parts of ordinances of the City inconsistent or conflicting with this Title, to the extent of the inconsistency or conflict only, are hereby repealed.
B. 
Development plans. The provisions of this UDC shall apply to all development plans (general, revised or final) filed on or after February 11, 2020. Plans on file before February 11, 2020, shall be reviewed for compliance with the UDC effective at the time of filing.
C. 
Permits. The provisions of this UDC shall apply to all permits filed on or after February 11, 2020. Permit applications on file before February 11, 2020, shall be reviewed for compliance with the UDC effective at the time of filing.
A. 
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements. Wherever the UDC imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of the UDC shall govern except as otherwise provided in state statutes or rules.
A. 
Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
B. 
In some instances, cross-references between chapters, divisions, sections, and subsections are provided that include the chapter, division, section or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
[Amended 4-11-2023 by Ord. No. 1759-2023]
A. 
Existing legal nonconforming uses.
1. 
Purpose. A legal, nonconforming use is one that existed lawfully before the Unified Development Code was enacted or amended and does not conform with the use restrictions in the current Unified Development Code. A nonconforming use may continue in its current capacity provided the following regulations are satisfied.
2. 
Restoration of certain nonconforming uses. A nonconforming use damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow or infestation shall be allowed to be restored, provided the structure is restored to the size, location and use it had immediately before the damage or destruction. An increase in size shall only be permitted if necessary to comply with applicable state or federal requirements.
3. 
Termination. If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or other use shall conform to the provisions of this Title.
4. 
Changes and substitutions.
a. 
Once a nonconforming use has been changed to conform to the Unified Development Code regulations, it shall not revert back to a nonconforming use.
b. 
Once the Board of Zoning Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the existing nonconforming use shall lose its status as a legal nonconforming use and may not be reestablished.
5. 
Additional regulations. The structural alteration/repair of a structure containing a nonconforming use shall not exceed 50% of the structure's assessed value over the life of the structure. Additions to a structure containing a nonconforming use shall not be allowed.
B. 
Existing legal nonconforming lots and structures.
1. 
Purpose. A legal, nonconforming parcel or structure is one with site characteristics, including, but not limited to, setbacks, lot dimension standards, or other regulations specified within the Unified Development Code that exist at the time of the adoption or amendment of this Title. A nonconforming structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Title.
2. 
Expansion or improvement. Any lawful nonconforming structures existing at the time of the adoption or amendment of this Title may be continued, although their size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this Title. Any lawful nonconforming structure may be allowed to be extended, enlarged, reconstructed, moved or structurally altered, provided that said extension, enlargement, reconstruction, movement or alteration complies with the requirements of the specific zoning district, except for the existing nonconformance. However, the nonconforming feature of a lawful nonconforming structure shall not be allowed to become more nonconforming.
3. 
Accessory structures. New and permitted accessory structures may be constructed on a lot which contains a nonconforming structure, provided the new accessory structure conforms with the standards of the Unified Development Code. Existing detached accessory structures that are nonconforming (shed, privacy screens, pergolas, etc.) may not be increased in height without coming into conformance with this Title.
4. 
Relocation. If a nonconforming structure is moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
5. 
Ordinary maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure and remodeling of a nonconforming structure, are permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance repairs and remodeling includes but is not limited to internal and external painting, decorating, wall covering, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and replacement of doors, windows, and other nonstructural components.
6. 
Unsafe structures. Nothing in this Title shall preclude the Zoning Administrator, Inspection Department or any other City official from initiating remedial or enforcement actions when a lawful nonconforming structure is declared unsafe or presents a danger to the public health, safety, or welfare.
7. 
Damaged or destroyed. A nonconforming structure damaged or destroyed on or after the effective date of this Title by violent wind, vandalism, explosion, fire, flood, ice, snow, mold, or infestation may be restored to the size and/or location without any limits on the costs of the repair, reconstruction, or improvement in accordance with § 62.23(7)(hc), Wis. Stats. The rebuilt nonconforming structure may only be increased in size beyond what is allowable under Section 13.01.26.B.2. if doing so is necessary to conform to applicable state or federal requirements.
8. 
Conformance. Once a nonconforming structure has been changed to conform to the Unified Development Code regulations, it shall not be allowed to revert back to a nonconforming structure.
C. 
Changes and substitutions.
1. 
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.
2. 
Once the Board of Zoning Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the existing nonconforming use shall lose its status as a legal nonconforming use and may not be reestablished.