City of Prescott, WI Article V Nonconforming Uses, Structures and Lots

§ 635-50 Nonconforming uses.

A. The lawful nonconforming use of a structure or land, including but not limited to fences, parking and zoning setbacks, existing 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, only that portion of the land in actual use may be so continued.

B. If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this chapter, provided that when a use district is changed, any existing nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted, provided that all other regulations governing the new use are complied with.

§ 635-51 Abolishment or replacement.

A. Discontinuance. If the nonconforming use of a building or premises is discontinued for 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located. A reasonable interim between tenants or occupants shall not be construed to mean discontinuance.

B. Extensive repair must be in conformance. Repair, maintenance, renovation or remodeling of a nonconforming structure shall be permitted without limitation based on cost.

C. Restoration of certain nonconforming structures. Pursuant to § 62.23(7)(hc), Wis. Stats., a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the restored structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

D. Additions and enlargements.

(1) Except as otherwise set forth in this article, a nonconforming structure shall not be added to or enlarged in any manner unless such nonconforming structure is made to conform to the regulations of the district in which it is located.

(2) A structure designed or intended for a permitted use but is nonconforming as to lot size, setback, coverage, height or parking requirements may be added to or enlarged, provided that any such addition complies with current development regulations of this chapter.

(3) An attached or detached garage, and/or storage building, may be constructed on a lot which contains a nonconforming dwelling, provided it conforms to the regulation of district in which it is located.

§ 635-52 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. Once the Plan Commission has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Plan Commission.