A.
Within the districts established by this chapter or amendment thereof,
there may exist lots, structures and uses of land and structures which
were lawful before this chapter was enacted or amended, but which
would be prohibited in the future under the terms of this chapter
or amendment.
B.
It is the intent of the Village of Salem Lakes Board to permit these
nonconforming lots, structures and uses existing as of the effective
date of this chapter, or amendment thereof, to remain and continue
in accordance with the provisions hereinafter set forth until they
are removed by economic forces or otherwise. It is not the intent
of this article to encourage the survival of nonconformities since
it has been determined that they are incompatible with the character
of the districts involved, or to permit nonconformities to be enlarged
upon, expanded or extended except as provided for herein. Existing
nonconformities shall not be used to justify adding structures or
uses prohibited elsewhere in the same district.
C.
It is the further intention of the Village Board that the guidelines
be set for the purpose of determining:
(1)
That the nonconforming lot, structure or use existed prior to
the effective date of this chapter or amendment thereto;
(2)
The ways in which the right of the nonconforming lot or structure
to remain can be served and the ways in which the right to continue
nonconforming uses can be lost;
(3)
The extent of permissible variation in the nonconforming lot,
structure and use; and
(4)
The devices available for eliminating such nonconforming lots,
structures and uses.
As used in this article, the following terms shall have the
meanings indicated:
The full market value placed upon the structure or lot by
the Village Assessor as of the date that the nonconformity came into
being, that is, the effective date of this chapter or amendment thereto.
Such valuation by the Village Assessor shall be prima facie evidence
of the assessed value of the structure or lot.
A lot, structure or use existing on the effective date of this chapter or amendment thereto which was created, built or established in accordance with zoning and land use regulations in effect in the Village immediately prior to the effective date of this chapter or amendment thereto or a lot, structure or use for which a zoning permit was issued prior to the effective date of this chapter or amendment thereto in accordance with the provision of § 490-1.4 of this chapter.
A nonconforming or substandard lot is defined as a parcel
of land legally created prior to the effective date of this chapter
having frontage on a public street, easement of record or other officially
approved means of access, occupied or intended to be occupied by a
principal building or structure together with accessory buildings
and uses, having insufficient size to meet the lot width, lot area,
yard, off-street parking areas, or other open space provisions of
this chapter.
A nonconforming structure is one which was legally constructed
prior to the effective date of this chapter or subsequent amendment
thereto, which would not be permitted as a new structure under the
terms of this chapter or amendment thereto because the structure is
not in conformance with the yards, height, coverage or floor area
ratio requirements of the district in which it is located. A structure
located on a nonconforming lot shall not be classified as a nonconforming
structure solely because of insufficient lot area or width.
A nonconforming use is an activity utilizing land or structures,
or both, legally established prior to the effective date of this chapter
or subsequent amendment thereto, which would not be permitted as a
new use in the district in which it is located under the terms of
this chapter.
A.
The Planning and Development Administrator shall make a record immediately
after the approval of this chapter or amendment thereto, or change
in district boundaries approved by the Village Board, of all lands,
premises and buildings in the Village used for purposes not conforming
to the regulations applicable to the district in which they are situated.
Such records shall include the legal description of the lands, the
nature and extent of the uses therein, the names and addresses of
the owner or occupant, or both, extent of the nonconformities, the
assessed value of the land and structures thereon at the time of its
becoming a nonconforming lot, structure or use and the cost of all
modifications or additions which have been permitted, and the percentage
of the structure's total current value those modifications represent.
B.
Promptly upon its completion, the aforementioned record shall be
published in the Village as a Class 1 notice under Ch. 985, Wis. Stats.
Such record as corrected shall be filed without change with the Register
of Deeds 60 days after the last publication and shall be prima facie
evidence of the extent and number of nonconforming uses existing on
the effective date of this chapter in the Village. Corrections prior
to the filing of the record by the Register of Deeds may be made on
the filing of sworn proof in writing, satisfactory to the Planning
and Development Administrator.
C.
The Planning and Development Administrator shall make an annual listing of nonconforming uses, discontinued or created since the previous listing and for all other nonconforming uses. Discontinued and newly created nonconforming uses shall be recorded as provided for in Subsection B with the Register of Deeds immediately after the annual listing.
Any property owner asserting as a defense to a charge of violating
this chapter that his property was a valid nonconforming use has the
burden of demonstrating to a reasonable certainty by the greater weight
of credible evidence that:
A.
The nonconforming use was legally in existence at the time the chapter
was passed or amended.
B.
The use of the property prior to the chapter was so active and actual that it can be said the property owner acquired a vested interest in its continuance. For purposes of this chapter, a property owner shall be deemed to have a vested right in the use of his property where that use at the time of the effective date of this chapter or amendment thereto is both active and actual (not contemplated) and a substantial degree of activity or expense had been undertaken prior to the effective date of this chapter or amendment thereto. Permits issued prior to the existence of this chapter shall be deemed to have created a vested right in the property owner to the extent provided in § 490-1.4 of this chapter.
C.
The use is substantially the same use that existed prior to the enactment
of the chapter or amendment thereto.
In any residential, upland conservancy or agricultural district,
a one-family detached dwelling and its accessory structures may be
erected on any nonconforming lot, provided that all requirements of
the County Sanitary Ordinance are met.
A.
C.
Driveways shall be a minimum of 20 feet in length starting from the
right-of-way line and shall access a Village road rather than a county
or state trunk highway.
D.
Nonconforming lots or parcels in the shoreland that were legally
created and met minimum area and minimum average width requirements
when created or after having been enlarged, but do not meet current
lot size requirements, may be used as a building site if all of the
following apply:
Nonconforming lots of record owned by the same individual or
individuals shall be combined prior to the issuance of a zoning permit,
stipulated shoreland permit and/or conditional use permit.
(For floodplain nonconforming structures see § 490-32.10.)
A.
The use of a 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 with the established lot area and width,
building setback line along streets and highways, or the yard, height,
parking, loading or access provisions of this chapter.
B.
Nonconforming structures which encroach upon the yard requirements
of this chapter, but which met yard requirements of the applicable
zoning ordinance at the time of construction, may be structurally
enlarged or expanded if the existing structure is located at a minimum
of at least 50% of the minimum setback requirement of all yard setback
requirements, and further provided that the alteration does not create
a greater degree of encroachment on yard, height, parking, loading
or access requirements. Placement of a new foundation or basement
under an existing nonconforming structure shall be allowed as long
as no further encroachment is permitted. Nonconforming structures
which are located less than 50% of the minimum setback requirement
from one or more of their yard setback requirements may be structurally
enlarged or expanded so long as all four sides of the enlargement
or expansion are located at least 50% of the minimum setback requirement.
This shall not constitute an allowance to make an existing conforming
yard setback nonconforming, make an existing nonconforming yard setback
more nonconforming, or deviate from a height standard in this chapter.
C.
Damage to, or destruction of, nonconforming structures.
[Amended 11-9-2020 by Ord. No. 2020.11-25]
(1)
When a nonconforming structure is intentionally dismantled, or is damaged or destroyed by reason other than violent wind, vandalism, fire, flood, ice, snow, mold, or infestation to the extent of more than 50% of its assessed value, as defined in § 490-32.2 of this chapter, it shall not be restored except so as to comply with all provisions of this chapter.
(2)
When a nonconforming structure is damaged or destroyed by violent
wind, vandalism, fire, flood, ice, snow, mold, or infestation, such
structure may be repaired, replaced or reconstructed at the size,
location, and use that it had immediately before the damage or destruction
occurred, regardless of the cost of the repair, replacement or reconstruction;
provided, however, that the size of the 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.
A nonconforming structure shall not be moved or relocated to any
other location on the lot unless such structure is made to conform
to all regulations of the district in which it is located.
The nonconforming use of a structure, land or water existing
on the effective date of adoption or amendment of this chapter may
be continued although the use does not conform with the provisions
of this chapter, except that:
A.
The alteration or structural repair of, or addition to, any existing structure being used for a nonconforming use, in excess of 50% of the assessed value, as defined in § 490-32.2 of this chapter, is prohibited.
B.
The nonconforming use of a structure may be changed to a use of the
same or more restricted classification, but where the nonconforming
use of a structure is hereafter changed to a use of a more restricted
classification, it shall not thereafter be changed to a use of a less
restricted classification.
C.
When a structure being used for a nonconforming use is damaged by fire, explosion, flood or other calamity to the extent of more than 50% of its assessed value, as defined in § 490-32.2 of this chapter, it shall not be restored except so as to comply with the use provisions of this chapter. If a 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.
D.
Parcels containing a nonconforming use of land or water may be maintained
or repaired, including grading, paving and surfacing, or the repair
and replacement of bumper or wheel stops, fences, screening and drainageways,
provided that the amount of land, water or storage (i.e., vehicles,
equipment and/or materials) devoted to such nonconforming use as it
existed prior to the date of this chapter is not extended, enlarged
or moved.
Once a nonconforming use or structure has been changed or altered
so as to comply with the provisions of this chapter, it shall not
revert back to a nonconforming use or structure. Once the Zoning Board
of Appeals has permitted the substitution of a more or equally restrictive
nonconforming use for an existing nonconforming use, the existing
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Board.
See Article 45, Floodplain Zoning Regulations.
A.
An existing nonconforming structure in the shoreland that was lawfully
placed when constructed but that does not comply with the required
shoreland setback may be maintained, repaired, replaced, restored,
rebuilt or remodeled if the activity does not expand the footprint
of the nonconforming structure. Further, an existing structure that
was lawfully placed when constructed but that does not comply with
the required shoreland setback may be vertically expanded unless the
vertical expansion would extend more than 35 feet above grade level.
Expansion of a structure beyond the existing footprint may be permitted
if the expansion is necessary to comply with applicable state or federal
requirements.
B.
An existing nonconforming principal structure in the shoreland that
was lawfully placed when constructed but that does not comply with
the required building setback may be expanded laterally, provided
that all of the following requirements are met:
(1)
The use of the structure has not been discontinued for a period
of 12 months or more if a nonconforming use.
(2)
The existing principal structure is at least 35 feet from the
ordinary high-water mark.
(3)
Lateral expansions are limited to a maximum of 200 square feet
over the life of the structure. No portion of the expansion may be
any closer to the ordinary high-water mark than the closest point
of the existing principal structure.
(4)
The Village shall issue a permit that requires a mitigation plan that shall be approved by the Village and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in § 490-15.10 (Mitigation).
(5)
All other provisions of the shoreland ordinance shall be met.
C.
An existing nonconforming principal structure in the shoreland that was lawfully placed when constructed but that does not comply with the required building setback may be expanded horizontally, landward, or vertically provided that the expanded area meets the building setback requirements and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this subsection but may be required per § 490-15.2.
D.
An existing nonconforming principal structure in the shoreland that
was lawfully placed when constructed but that does not comply with
the required building setback may be relocated on the property, provided
all of the following requirements are met:
(1)
The use of the structure has not been discontinued for a period
of 12 months or more if a nonconforming use.
(2)
The existing principal structure is at least 35 feet from the
ordinary high-water mark.
(3)
No portion of the relocated structure is located any closer
to the ordinary high-water mark than the closest point of the existing
principal structure.
(4)
The Village determines that no other location is available on
the property to build a principal structure of a comparable size to
the structure proposed for relocation that will result in compliance
with the shoreland setback requirement.
(5)
The Village shall issue a permit that requires a mitigation plan that shall be approved by the Village and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in § 490-15.10 (Mitigation) and include enforceable obligations of the property owner to establish or maintain measures that the Village determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.
(6)
All other provisions of the shoreland ordinance shall be met.
E.
Maintenance, repair, replacement or vertical expansion of structures
that were authorized by a variance. A structure of which any part
has been authorized to be located within the shoreland setback area
by a variance granted before July 15, 2015, may be maintained, repaired,
replaced, restored, rebuilt or remodeled if the activity does not
expand the footprint of the authorized structure. Additionally, the
structure may be vertically expanded unless the vertical expansion
would extend more than 35 feet above grade level. The Village may
allow expansion of a structure beyond the existing footprint if the
expansion is necessary to comply with applicable state or federal
requirements.
The use of any lot or parcel failing to comply with the performance
standards set forth in this chapter at the time of the adoption of
this chapter shall not be expanded unless such expansion conforms
with the performance standards set forth in Article 10 of this chapter.
