A.
Introduction. The regulations of this article govern uses, structures,
lots, signs, and other situations that came into existence legally
but that do not comply with one or more requirements of this chapter.
B.
Purpose and intent. It is the general policy of the City to allow
uses, structures, and lots that came into existence legally, in conformance
with then-applicable requirements, to continue to exist and be put
to productive use but to bring as many aspects of such situations
into compliance with existing regulations as is reasonably possible.
The regulations of this article are intended to:
(1)
Recognize the interests of property owners in continuing to use their
property;
(2)
Promote reuse and rehabilitation of existing buildings; and
(3)
Place reasonable limits on the expansion and alteration of nonconformities
that have the potential to adversely affect surrounding properties
or the community as a whole.
C.
Applicability. This article applies to nonconformities created by
initial adoption or amendments to this chapter. It also applies to
nonconformities that were legal nonconformities under previously applicable
ordinances, even if the type or extent of nonconformity is different.
D.
Continuation permitted. Any nonconformity that legally exists on
the effective date of this chapter or that becomes nonconforming upon
the adoption of any amendment to this chapter may be continued in
accordance with the provisions of this article.
E.
Determination of nonconforming status. The burden of establishing
that any nonconformity is a legal nonconformity shall, in all cases,
be solely upon the owner of such nonconformity.
F.
Repairs and maintenance. Incidental repairs and normal maintenance
of nonconformities shall be permitted unless such repairs increase
the extent of nonconformity or are otherwise expressly prohibited
by this chapter. Nothing in this chapter shall be construed to prevent
structures from being structurally strengthened or restored to a safe
condition, in accordance with an official order of a public official.
A.
Existing nonconforming uses. The lawful nonconforming use of a structure,
land, or water existing at the time of the adoption or amendment of
this chapter may be continued although the use does not conform with
the provisions of this chapter. However, only the portion of the land
or water in actual use may be so continued, and the structure or area
within which the use is contained may not be extended, enlarged, reconstructed,
substituted, moved, or structurally altered except when required to
do so by law and/or order so as to comply with the provisions of this
chapter.
B.
Total lifetime structural repairs. Total lifetime structural repairs
or structural alterations to a structure with a nonconforming use
shall not exceed 50% of New Berlin's equalized assessed value of the
structure unless it is permanently changed to conform to the use provisions
of this chapter.
C.
Change of use.
(1)
Change to conforming use. A nonconforming use may be changed to any
use that is allowed in the zoning district in which it is located,
subject to all standards and requirements applicable to the new use.
Once a nonconforming use is converted to a conforming use, it may
not be changed back to a nonconforming use.
(2)
Change to other nonconforming use. The Plan Commission may approve
a change of use to a use not otherwise allowed in the underlying zoning
districts if the Plan Commission finds that the new proposed use will
be no more injurious than the previous use or will decrease the extent
of the nonconformity. If the Plan Commission approves such a change
of use, it shall be authorized to impose conditions it deems necessary
to reduce or minimize any potentially adverse effect upon other property
in the neighborhood and to carry out the general purpose and intent
of this chapter. Any condition imposed must relate to a situation
created or aggravated by the proposed use and must be roughly proportional
to its impact.
(3)
Substitution of new equipment. The Plan Commission may permit the
substitution of new equipment (e.g., fencing, mechanical equipment)
if such equipment will reduce the incompatibility of the nonconforming
use with neighboring uses.
D.
Loss of legal nonconformity status.
(1)
Discontinuance. If such nonconforming use is discontinued or terminated
for a period of 12 months, any future use of the structure, land,
or water shall conform to the provisions of this chapter.
(2)
Abolishment or destruction. When a structure containing a nonconforming
use is damaged by fire, explosion, flood, accident, act of vandalism,
or other calamity to the extent that the cost of repairs exceeds 50%
of its current equalized assessed value, it shall not be restored
except so as to comply with the use provisions of this chapter.
A.
Use. The conforming use of a nonconforming structure existing at
the time of the adoption or amendment of this chapter may be continued.
B.
Expansion. Additions and enlargements to nonconforming structures
with a conforming use are permitted and shall conform to the established
building setback lines along streets and the yard, height, parking,
loading, and access provisions of this chapter. DCD staff may, upon
the presentation of evidence showing a practical difficulty, permit
modification to the yard, height, parking, loading and access requirements
or allow additions to and replacements of existing structures or buildings
within the established building setbacks, provided that the encroachment
upon such requirements is no greater than the existing legal encroachment.
C.
Damage or destruction. Existing nonconforming structures with a conforming
use, that are damaged or destroyed by fire, explosion, flood, or other
calamity, may only be reconstructed or restored as provided for herein..
Notwithstanding the forgoing the aforestated restrictions as to damaged
or destroyed nonconforming structures shall not prohibit the restoration
of a nonconforming structure which was damaged or destroyed by violent
wind, vandalism, fire, flood, ice, snow, mold or infestation if the
structure will be restored to the size, location and use it had prior
to the destruction. The rebuilt nonconforming structure may only be
increased in size if doing so is necessary to conform to applicable
state or federal requirements.
D.
Nothing provided for hereunder shall limit the repair, maintenance,
renovation or remodeling of a nonconforming structure subject to the
terms of applicable building and fire codes.
E.
Highway encroachment. In the case of additions or repairs to structures
which became nonconforming structures after June 5, 1962, where the
encroachment is into the rights-of-way of streets or highways, a written
agreement between the City and the owner shall be executed that specifies
that the owner shall remove all new construction, additions, and replacements,
at his own expense, when such removal becomes necessary for street
and highway improvements. Any land divisions that abut a state or
federal highway shall comply with Ch. TRANS 233, Wis. Adm. Code.
F.
Nonconforming structures in the Shoreland Wetland Holding District.
This article does not prohibit the repair, reconstruction, renovation,
remodeling, or expansion of a nonconforming structure that is located
in the C-2 Shoreland Wetland Holding District and is in existence
on the effective date of this chapter or amendment, or of any environmental
control facility in existence on May 7, 1982, related to that structure.
A.
The conforming use of a conforming structure existing at the time
of the adoption or amendment of this chapter may be continued although
the lot area or lot width does not conform to the requirements this
chapter. Additions and enlargements to structures on such lots are
permitted and shall conform to the established building setback lines
along streets and the yard, height, parking, loading, and access provisions
of this chapter.
A.
Loss of nonconforming status. Any legal nonconforming sign relocated, moved, damaged and reconstructed, extended, enlarged, changed (including changing the sign face), altered, or modified shall comply with the provisions of § 275-61 of this chapter.
B.
Signs maintained in the right-of-way. By maintaining a sign in the
established right-of-way of an adjoining street or highway, the owner
does so at his own risk, and no damages will be awarded if the removal
is required for public use or safety or right-of-way acquisition.
