Village of Wales, WI Article VII Nonconforming Uses, Structures and Lots

§ 435-60 Existing nonconforming uses.

The lawful nonconforming use of land or water, or a lawful nonconforming use in a conforming or nonconforming structure, or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however:

A. Only that portion of the land or water in actual use may be so continued, and the use may not be extended, enlarged, substituted, or moved, and the 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 chapter.

B. Total lifetime structural repairs or alterations to a structure with a nonconforming use shall not exceed 50% of the municipality's equalized assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter.

C. Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

D. Discontinuance. If such nonconforming use is discontinued or terminated for a period of 12 consecutive months, any future use of the structure, land, or water shall conform to the provisions of this chapter.

E. Abolishment or destruction. When a nonconforming use or a structure with a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50% of its current equalized assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.

§ 435-61 Conforming structure on nonconforming lot.

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 of this chapter.

A. Additions and enlargements to such structures 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.

B. Existing conforming structures on nonconforming lots which are damaged or destroyed by fire, explosion, flood, or other calamity may be reconstructed, provided that they conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter.

§ 435-62 Nonconforming structure on conforming or nonconforming lot.

The conforming use of a nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to the established building setback line along streets or the yard, height, parking, loading, and/or access provisions of this chapter.

A. Total lifetime repairs or alterations to a nonconforming structure shall not exceed 50% of the municipality's equalized assessed value of the structure at the time it became a nonconforming structure unless Subsection C applies or it is permanently changed to conform to the provisions of this chapter. Figure No. 1[1] describes the method by which the Building Inspector shall determine when modifications to nonconforming structures are equal to 50%. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Some examples of ordinary maintenance repairs include painting, calking, and decorating and the repair or replacement of doors, windows, utilities, and sewage and water supply systems.

[1] Editor's Note: Figure No. 1 is included at the end of this chapter.

B. Additions and enlargements to existing nonconforming structures with a conforming use are permitted if they conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter.

C. Existing nonconforming structures with a conforming use which are damaged or destroyed by fire, explosion, flood, or other calamity shall, when reconstructed, conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter. If a nonconforming structure with a conforming use was damaged or destroyed after March 1, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation, such structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred in accordance with § 62.23(7)(hc), Wis. Stats. In addition, no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure.

D. Existing nonconforming structures may be moved and shall conform to all zoning regulations applicable to the location to which they are moved.

§ 435-63 Changes and substitutions.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. The Zoning Board of Appeals may permit, after a Plan Commission review and recommendation, the substitution of a more restrictive nonconforming use for an existing nonconforming use. Once the Zoning Board of Appeals permits the substitution of a more restrictive legal nonconforming use, the existing use shall lose its status as a legal nonconforming use and cannot revert back to its original use. The substituted use shall become subject to all the conditions required by the Zoning Board of Appeals.

§ 435-64 Vacant nonconforming (substandard) lots.

A. A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 100 feet wide and 30,000 square feet in area may be used as a single-family building site, provided that the use is permitted in the applicable basic use and any overlay zoning district and provided that the lot is of record in the County Register of Deeds' office prior to the effective date of this chapter.

B. A lot located in nonresidential district which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site, provided that the use is permitted in the applicable basic use and any overlay zoning district and provided that the lot is of record in the County Register of Deeds' office prior to the effective date of this chapter.

C. Nonconforming lots granted permits under this chapter shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance is granted by the Zoning Board of Appeals.

D. If two or more substandard lots abut each other with continuous frontage and the same ownership(s) as of the effective date of this chapter, the lots involved shall be combined prior to issuance of a building permit and shall be considered an individual parcel for the purpose of this chapter.

§ 435-65 Wetland nonconforming uses.

Notwithstanding § 62.23(7)(h) and (hc), Wis. Stats., the repair, reconstruction, renovation, remodeling, or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, located in a shoreland C-1 Conservancy District and in existence at the time of adoption or subsequent amendment of this chapter is permitted, pursuant to § 61.351(5) and (5m), Wis. Stats.