The purpose of this article is to establish regulations for
the following nonconforming situations: nonconforming uses, substandard
lots, nonconforming structures, and nonconforming sites created legally
prior to the effective date of this chapter.
(2)
Continuance of a nonconforming use.
(a)
Any nonconforming use lawfully existing upon the effective date
of this chapter, or any amendment to it, may be continued at the size
and in a manner of operation existing upon such date, except as specified
in this section.
(b)
A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter, shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration as a conditional use under § 10-171.
(c)
Any prior legal use made nonconforming by this chapter, or by an amendment to it, may be granted legal conforming status and allowed to be extended, enlarged, reconstructed, or substituted by the issuance of a conditional use permit, subject to the standards and procedures prescribed by § 10-171.
(3)
Modification of a nonconforming use.
(a)
Except as permitted in Subsection (3)(b), below, or Subsection
(2)(c), above, a nonconforming use shall not be expanded, enlarged,
extended, or reconstructed, unless the use is changed to a use permitted
in the district in which the use is located.
(b)
Substitution of new equipment shall be permitted.
(4)
Discontinuance of a nonconforming use. When any nonconforming use
of any land, building, or structure is discontinued for a period of
12 consecutive months, or is changed into a conforming use, any future
use of said land, building, or structure shall be in complete conformity
with the provisions of this chapter.
(5)
Maintenance and repair of a nonconforming use.
(a)
The ordinary maintenance and repair of a nonconforming use is
permitted, including necessary repairs and incidental alterations
which do not exacerbate the adverse impacts of the nonconforming use
in relation to the purpose of this chapter.
(b)
Except as otherwise provided in this section, whenever a nonconforming
use is damaged to the extent of more than 50% of its current equalized
assessed value, it shall not be restored except in conformity with
the regulations of the district in which it is located.
(2)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this
chapter is hereby automatically granted to all nonconforming or substandard
lots in their configuration existing or as finally approved as of
the effective date of this chapter. This subsection ensures that lots
approved and created prior to the adoption of this chapter do not
encounter difficulty because the lots would otherwise be considered
nonconforming or substandard.
(b)
After the effective date of this chapter, no lot shall be created
which does not meet the density, intensity, and bulk requirements
of the zoning district.
(3)
A lot of record existing upon the effective date of this chapter
in any zoning district which does not meet the minimum lot area, width,
and frontage requirements for the zoning district may be utilized
for new or modified development, provided that such development complies
with all of the density, intensity, and bulk regulations for that
zoning district.
(4)
Abutting vacant substandard lots under the same ownership must be
combined prior to development.
(5)
Except for out-lots that received variances prior to the effective
date of this chapter, this section shall not apply to out-lots without
access to a public right-of-way that existed prior to the effective
date of this chapter since they are not intended for development.
(1)
The following section shall apply to all structures in the City except
in the following circumstances:
(a)
The structure did not legally exist as of the effective date
of this chapter.
(b)
The structure is subject to legal proceedings.
(c)
The structure is subject to a court order to the contrary of
this section.
(d)
Federal, state and City floodplain, wetland and shoreland-wetland
regulations shall control in case of a conflict.
(2)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to any structure lawfully existing upon the effective date of this chapter. After said date, structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under § 10-176.
(b)
This subsection is intended to eliminate the continued classification
and/or the creation of structures as nonconforming subject to the
requirements of this chapter. This provision addresses two different
situations.
1.
Any structure erected prior to the adoption of zoning that does
not meet some or all of the bulk or intensity requirements of this
chapter.
2.
In some instances, this chapter establishes new bulk or intensity
requirements that existing legal structures under the previous Zoning
Ordinance do not meet.
(c)
This section therefore ensures that owners of such structures
legally established prior to the effective date of this chapter do
not encounter difficulty because the structures would otherwise be
considered nonconforming.
(3)
The following shall apply to all structures that do not meet bulk
and other requirements of this chapter.
(a)
Ordinary maintenance. Ordinary maintenance repairs, including
repairs reasonably necessary to prevent the deterioration of a structure,
and remodeling of a structure are permitted, as well as necessary
nonstructural repairs and alterations which do not extend, enlarge,
or intensify the structure. Ordinary maintenance repairs and remodeling
include internal and external painting, decorating, paneling, the
addition of acoustical ceilings, the installation of heating, electricity,
plumbing (including fixtures) or insulation, and the replacement of
doors, windows, roof surfacing, and other nonstructural components.
(b)
Structural repairs, structural alterations and minor changes.
Any and all structural repairs, structural alterations, and minor
changes, may be made so long as no such changes expand upon an existing
bulk, density or intensity violation. A conforming garage may be added
or expanded.
(c)
Additions. Additions, expansions, and enlargements may be added. However, such additions must meet the requirements of this chapter unless a conditional use permit is granted under § 10-171.
(d)
Destruction and reconstruction.
1.
A damaged, destroyed, or removed structure may be restored to
the size, location, design and use that it had immediately before
the damage, destruction, or removal occurred without any limits on
the costs of the repair, reconstruction, or improvement if either
Subsection (3)(d)1a or b, below, apply. The burden of proof in regard
to the location, dimensions, configuration, and exterior building
materials of the damaged or removed structure shall be upon the property
owner to demonstrate prior to the issuance of a building permit.
a.
The structure was damaged or destroyed by violent wind, vandalism,
fire, flood, ice, snow, mold, infestation, or other act identified
by § 62.23(7) Wis. Stats., on or after March 2, 2006.
b.
The structure was damaged, destroyed, removed, or partially
removed by other means on or after the effective date of this chapter.
(e)
Intentional removal and replacement.
1.
If 50% or more of the total floor area of a structure is intentionally removed by the property owner, the replacement structure must meet the requirements of this chapter unless a variance is granted under § 10-176.
2.
If less than 50% of the total floor area of a structure is intentionally
removed by the property owner, it may be restored to the previous
footprint, floor area and height.
3.
Existing garages, decks, and porches may be replaced in their
entirety to the previous footprint, floor area and height.
(f)
Unsafe structures. Nothing in this chapter shall preclude the
Building Inspector or any other City official from initiating remedial
or enforcement actions when any structure is declared unsafe or presents
a danger the public health, safety, or welfare.
(4)
Timing of building permit. Any structure for which a building permit
has been lawfully granted prior to the effective date of this chapter,
or an amendment to it, which will become nonconforming under the provisions
of this chapter or that amendment thereto, may be completed in accordance
with the approved plans, provided that construction is started within
365 calendar days after issuance of the permit for single- and two-family
construction and within 365 calendar days after issuance of a permit
for all other development, and construction is completed within 730
calendar days (two years) after the start of construction. If all
such conditions are met, the structure shall thereafter be a legal
conforming structure.
(1)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this
chapter is hereby automatically granted to all development sites in
their configuration existing or as finally approved as of the effective
date of this chapter.
(b)
After the effective date of this chapter, additional site development
that would result in the enlargement, expansion, or extension of uses,
structures or other development per Subsection (1)(c)1 through 8,
below, will not be allowed to occur without bringing such additional
site development into full compliance with the provisions of this
chapter, or to the extent practical without removal of lawful structures.
(c)
This subsection is intended to prevent the creation of nonconforming
sites related to the building and site design requirements of this
chapter. These building and site design components may include one
or more of the following:
1.
Bulk, intensity, and density requirements.
2.
Exterior building materials requirements.
3.
Exterior building design requirements.
4.
Parking, loading, access drive and other paved area design requirements.
5.
Landscaping requirements.
6.
Buffer yard requirements.
7.
Fencing requirements.
8.
Lighting requirements.
(d)
This subsection ensures that sites approved prior to the effective
date of this chapter do not encounter difficulty because they would
otherwise be considered nonconforming.
(2)
All new buildings, structures, and parking areas, including additions,
shall comply with all site design requirements of this chapter, including
the components of Subsection (1)(c)1 through 8, above, for the new
portion of the development.
(3)
On lots where the site configuration and undeveloped area are sufficient
to comply with site design requirements, no enlargement, expansion,
or extension of a use, structure, or paving shall be permitted if
it makes compliance with the site design requirements of this chapter,
including Subsection (1)(c)1 through 8, above, impossible, even if
said enlargement, expansion, or extension of the use, structure, or
paving would otherwise be permissible.
(4)
On lots where the configuration and undeveloped area of the nonconforming
site provide insufficient space to bring the site into full compliance
with all site requirements but nevertheless provides space to reduce
the degree of one or more nonconformities, the Plan Commission shall
make a determination as to the manner and degree to which each site
nonconformity shall be brought into conformance specifically to improve
public safety and/or reduce public nuisances.
(5)
Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this chapter shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under § 10-176.
