[Amended 4-11-2023 by Ord. No. 1759-2023]
A. Existing legal nonconforming uses.
1. Purpose. A legal, nonconforming use is one that existed
lawfully before the Unified Development Code was enacted or amended
and does not conform with the use restrictions in the current Unified
Development Code. A nonconforming use may continue in its current
capacity provided the following regulations are satisfied.
2. Restoration of certain nonconforming uses. A nonconforming
use damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow or infestation shall be allowed to be restored, provided
the structure is restored to the size, location and use it had immediately
before the damage or destruction. An increase in size shall only be
permitted if necessary to comply with applicable state or federal
requirements.
3. Termination. If a nonconforming use is discontinued or terminated
for a period of 12 months, any future use of the structure, land,
or other use shall conform to the provisions of this Title.
4. Changes and substitutions.
a. Once a nonconforming use has been changed to conform to the Unified
Development Code regulations, it shall not revert back to a nonconforming
use.
b. Once the Board of Zoning Appeals has permitted the substitution of
a more restrictive nonconforming use for an existing nonconforming
use, the existing nonconforming use shall lose its status as a legal
nonconforming use and may not be reestablished.
5. Additional regulations. The structural alteration/repair of
a structure containing a nonconforming use shall not exceed 50% of
the structure's assessed value over the life of the structure. Additions
to a structure containing a nonconforming use shall not be allowed.
B. Existing legal nonconforming lots and structures.
1. Purpose. A legal, nonconforming parcel or structure
is one with site characteristics, including, but not limited to, setbacks,
lot dimension standards, or other regulations specified within the
Unified Development Code that exist at the time of the adoption or
amendment of this Title. A nonconforming 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 Title.
2. Expansion or improvement. Any lawful nonconforming structures
existing at the time of the adoption or amendment of this Title may
be continued, although their size or location does not conform with
the lot width, lot area, yard, height, parking and loading, and access
provisions of this Title. Any lawful nonconforming structure may be
allowed to be extended, enlarged, reconstructed, moved or structurally
altered, provided that said extension, enlargement, reconstruction,
movement or alteration complies with the requirements of the specific
zoning district, except for the existing nonconformance. However,
the nonconforming feature of a lawful nonconforming structure shall
not be allowed to become more nonconforming.
3. Accessory structures. New and permitted accessory structures
may be constructed on a lot which contains a nonconforming structure,
provided the new accessory structure conforms with the standards of
the Unified Development Code. Existing detached accessory structures
that are nonconforming (shed, privacy screens, pergolas, etc.) may
not be increased in height without coming into conformance with this
Title.
4. Relocation. If a nonconforming structure is moved for any
reason for any distance whatsoever, it shall thereafter conform to
the regulations for the district in which it is located after it is
moved.
5. Ordinary maintenance. Ordinary maintenance repairs, including
repairs reasonably necessary to prevent the deterioration of a structure
and remodeling of a nonconforming structure, are permitted, as well
as necessary nonstructural repairs and alterations which do not extend,
enlarge, or intensify the nonconforming structure. Ordinary maintenance
repairs and remodeling includes but is not limited to internal and
external painting, decorating, wall covering, the addition of acoustical
ceilings, the installation of heating, electricity, plumbing (including
fixtures) or insulation, and replacement of doors, windows, and other
nonstructural components.
6. Unsafe structures. Nothing in this Title shall preclude the
Zoning Administrator, Inspection Department or any other City official
from initiating remedial or enforcement actions when a lawful nonconforming
structure is declared unsafe or presents a danger to the public health,
safety, or welfare.
7. Damaged or destroyed. A nonconforming structure damaged or
destroyed on or after the effective date of this Title by violent
wind, vandalism, explosion, fire, flood, ice, snow, mold, or infestation
may be restored to the size and/or location without any limits on
the costs of the repair, reconstruction, or improvement in accordance
with § 62.23(7)(hc), Wis. Stats. The rebuilt nonconforming
structure may only be increased in size beyond what is allowable under
Section 13.01.26.B.2. if doing so is necessary to conform to applicable
state or federal requirements.
8. Conformance. Once a nonconforming structure has been changed
to conform to the Unified Development Code regulations, it shall not
be allowed to revert back to a nonconforming structure.
C. Changes and substitutions.
1. Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure.
2. Once the Board of Zoning Appeals has permitted the substitution of
a more restrictive nonconforming use for an existing nonconforming
use, the existing nonconforming use shall lose its status as a legal
nonconforming use and may not be reestablished.