The lawful nonconforming use of a structure, land, or water
existing at the time of the adoption or amendment of this Ordinance
may be continued although the use does not conform with the provisions
of this Ordinance provided that:
A. Portion of the Land or Water in Actual Use May Be
Continued. Only that portion of the land or water in actual use may
be so continued and the nonconforming use may not be extended, enlarged,
substituted, or moved, except when required to do so by law or order
or so as to comply with the provisions of this Ordinance.
B. Substitution of New Equipment. Substitution of new
equipment may be permitted by the Board of Zoning and Building Appeals
if such equipment will reduce the incompatibility of the nonconforming
use or structure with the neighboring uses.
C. Conforming Special Uses. See Division 15-9.0100
for uses existing at the effective date of this Ordinance, which would
be classified as Special Uses under the provisions of this Ordinance.
The lawful nonconforming use of a structure existing at the
time of the adoption or amendment of this Ordinance may be continued
although the structure's size or location does not conform with the
established building setback line along streets or the yard, height,
parking, loading, access, floor area ratio, and lot area provisions
of this Ordinance provided that:
A. Total Structural Repairs or Alterations. Total structural
repairs or alterations to a nonconforming structure 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 Ordinance.
B. Substitution of New Equipment. Substitution of new
equipment may be permitted by the Board of Appeals if such equipment
will reduce the incompatibility of the nonconforming use or structure
with the neighboring uses.
C. Repairs and Alterations. Repairs and alterations
permitted under the provisions of this Ordinance to nonconforming
buildings and structures located in floodplains shall include floodproofing
to those portions of the building or structure involved in such repairs
or alterations. Certification of floodproofing shall be made to the
Zoning Administrator and shall consist of a plan or document certified
by a registered professional engineer that the flood-proofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one-hundred-year recurrence interval flood
level for the particular area.
Whenever a lawfully existing building or other structure otherwise
conforms to the use regulations of the zoning district in which it
is located, but is nonconforming only in the particular manner hereinafter
specified, the building and use thereof shall be exempt from the requirements
of § 15-3.1006.
A. Dwelling Structure Nonconforming Only as to the
Number of Dwelling Units Contained. In any residential zoning district
where a dwelling structure is nonconforming only as to the number
of dwelling units it contains, provided no such building shall be
altered in any way so as to increase the number of dwelling units
therein.
B. Business or Industrial District Where the Use is
Less Distant from a Residential Zoning District than Specified. In
any business or industrial district, where the use is less distant
from a residential zoning district than that specified in the regulations
for the district in which it is located.
C. Other. In any zoning district where an established
building, structure, or use is nonconforming with respect to the standards
prescribed herein for any of the following:
1. Floor area ratio including both net floor area ratio
(NFAR) and gross floor area ratio (GFAR).
2. Yards - front, corner, side, rear, or transitional.
3. Off-street parking and loading.
7. Landscaping, landscape bufferyards, landscape surface
ratio (LSR), and open space ratio (OSR).
D. Pre-existing Lot Sizes. Where a lot size was conforming
prior to the adoption of this Ordinance, and regulates if this Ordinances
has revised minimum lot size requirements for a particular zoning
district, the lot shall continue to be considered a conforming lot.
E. Enlargement or Extension of a Nonconforming Use
May be Allowed by the Common Council. The enlargement or extension
of a nonconforming use may be allowed by the Common Council, following
a public hearing duly noticed and held by the Board of Zoning Appeals,
provided that the Board shall determine and set forth in writing:
1. Such enlargement or extension is consistent with
the public interest.
2. Such enlargement or extension will not have an "adverse"
effect on property in the surrounding neighborhood on account of visual
appearance, increased traffic (pedestrian or vehicular), noise, smoke,
odor, or other factors. Further, no such enlargement or extension
of a nonconforming use shall be permitted unless all building height,
yard, coverage, and off-street parking and loading requirements of
this ordinance for the district in which such use is located are adhered
to. In the event that a written protest against any enlargement or
extension of a nonconforming use, signed and acknowledged by the owners
of 20% of the property immediately adjoining or across an alley therefrom,
or by the owners of 20% of the frontage directly across the street
therefrom, is filed with the Zoning Board of Appeals, such enlargement
or extension shall not be allowed, except by a 3/4 vote of the Common
Council. No nonconforming use may be enlarged or expanded in floor
area or lot area by more than 50% in the aggregate, based upon its
size or scope on the effective date of this amendatory ordinance,
whether or not such aggregate enlargement or expansion occurs at one
time or at successive times.
3. Enlargements or extensions permitted under the provisions
of this section to building and structures located on floodplains
shall include floodproofing to a height two foot above the elevation
of the one-hundred-year recurrence interval flood as delineated on
large-scale topographic maps prepared by the City or by the Southeastern
Wisconsin Regional Planning Commission (SEWRPC) under the Root River
Watershed study or as determined through the use of flood profiles
and accompanying hydrologic and hydraulic engineering data, to those
portions of the building or structure involved in such enlargements
or extensions. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one hundred year recurrence interval flood
level for the particular area.
Notwithstanding § 62.23(7)(h) of the Wisconsin Statutes,
the repair, reconstruction, renovating, remodeling or expansion of
a legal nonconforming structure, or any environmental control facility
related to a legal nonconforming structure, located in the SW Shoreland
Wetland Overlay District and in existence at the time of adoption
or subsequent amendment of this Ordinance is permitted pursuant to
§ 62.231(5) of the Wisconsin Statutes.