The purpose of this article is to establish regulations for
the following nonconforming situations created legally prior to the
effective date of this chapter: nonconforming uses, nonconforming
and substandard lots, nonconforming structures, and other nonconforming
sites.
A.
Definition. A nonconforming use is an active and actual use of land
or structures, or both; legally established prior to the effective
date of this chapter or subsequent applicable amendments thereto which
has continued the same use to the present, and which would not be
permitted under the current terms of this chapter.
B.
Continuance of a nonconforming use.
(1)
Any nonconforming use lawfully existing upon the effective date
of this chapter may be continued at the size and in a manner of operation
existing upon such date, except as specified in this section.
(2)
Any legal use under the previous Zoning Ordinance which is made
nonconforming by this chapter may apply for a conditional use permit
to be granted legal conforming status.
(3)
If a parcel or lot contains an existing nonconforming use, the addition of a new conforming use on that parcel or lot shall require a conditional use permit, subject to the standards, criteria, and procedures prescribed by § 300-10.32, in order to ensure compatibility with the existing nonconforming use. Whether uses are compatible shall be determined by the Plan Commission.
(4)
In the absence of a conditional use permit granting it legal
conforming status, a nonconforming use shall be discontinued before
a new conforming use may be added to the parcel.
C.
Modification of a nonconforming use. A structure containing a nonconforming
use shall not be enlarged or increased to occupy a greater area of
lot, parcel, site, and/or structure than was occupied at the time
of the effective date of this chapter.
D.
No nonconforming use of a premise shall be moved in whole or in part
to any other portion of the lot, parcel, site and/or structure than
was occupied upon the effective date of this chapter.
E.
Discontinuance of a nonconforming use.
(1)
When any nonconforming use of any structure or land is discontinued
for a period of 365 days, or is changed into a conforming use, any
future use of said structure or land shall be in complete conformity
with the provisions of this chapter. The discontinuance of a nonconforming
use is defined as the discontinued use of any building or premises
for any trade or industry for which the building or premise was used
when the ordinance took effect.
(2)
The property owner has the burden to prove that the nonconforming
use has been continuously maintained over time. Potential forms of
documentation include but are not limited to utility bills; tax records;
business licenses; listing in telephone, business, or City directories;
advertisements in dated publications; building, land use, or development
permits; insurance policies; leases; dated aerial photos; insurance
maps that identify use or development such as Sanborn Maps; or land
use and development inventories prepared by a government agency.
F.
Ordinary maintenance and repairs of a structure and land containing
a nonconforming use.
(1)
The ordinary maintenance and repairs made to a structure or
land containing or related to a nonconforming use is permitted. Ordinary
maintenance and repairs are defined as follows:
(a)
The repair or replacement of doors, windows, nonbearing walls,
fixtures, heating and air conditioning components, wiring, plumbing,
siding, roofing, or other nonstructural components.
(b)
Overlaying an off-street parking and/or loading lot, which shall
mean adding a layer of asphalt or concrete to an existing off-street
parking and/or loading lot.
(c)
Resurfacing the asphalt or concrete of the off-street parking,
loading facilities, and/or access drives without exposing the base
course and overlaying such area.
(2)
In no instance shall said maintenance and repairs exceed, over
the life of the structure, 50% of the present equalized assessed value
of said structure or property prior to said repairs, in accordance
with Wis. Stats. § 62.23(7)(h).
A.
Definition. A nonconforming or substandard lot is a lot legally established
prior to the effective date of this chapter or subsequent applicable
amendments thereto which would not be permitted under the current
terms of this chapter.
C.
Blanket conforming status.
(1)
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.
(2)
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, except any lot located within a subdivision
platted prior to the effective date of this chapter may return to
its originally-platted dimensions and configurations.
D.
New development. 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 only for one single-family dwelling unit or a permitted
nonresidential use, provided that such development complies with all
of the density, intensity, and bulk regulations for that zoning district.
A.
Definition. A nonconforming structure is a structure legally established
prior to the effective date of this chapter or subsequent applicable
amendments thereto which would not be permitted under the current
terms of this chapter.
B.
The following section shall apply to all structures in the City except
in the following circumstances:
(1)
The structure did not legally exist as of the effective date
of this chapter.
(2)
The structure is subject to a court order to the contrary of
this section.
(3)
Where there are conflicts between or among regulations within
this section and other regulations such as floodplain, wetland, and
shoreland regulations, the regulations which are more restrictive
or which impose higher standards or requirements shall prevail.
C.
Blanket conforming status.
(1)
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.
(2)
The repair, maintenance, renovation, rebuilding, or remodeling
of a nonconforming structure or any part of a nonconforming structure
is permitted in accordance with Wis. Stats. § 60.61(5e)(b).
(3)
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 Board of Zoning Appeals under § 300-10.51.
(4)
This subsection is intended to eliminate the new and/or continued
classification of structures as nonconforming subject to the requirements
of this chapter. This provision addresses two different situations:
(a)
Any structure erected prior to the original adoption of zoning
by the City of Jefferson that does not meet some or all of the bulk
or intensity requirements of this chapter.
(b)
In some instances, this chapter establishes new bulk or intensity
requirements that existing legal structures under the previous Zoning
Ordinance do not meet.
(5)
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.
D.
Continuation. Any structure or building lawfully existing upon the
effective date of this chapter may be continued at the size and in
a manner of operation existing upon such date, except as hereafter
specified.
E.
Unsafe conditions. Nothing in this chapter shall preclude the Building
Inspector from remedial or enforcement actions when said structure
or building is declared unsafe.
F.
Alterations.
(1)
For the purposes of this section, alterations shall be defined
as being one or more of the following:
(a)
Adding, removing, changing, or rearranging the supporting members
of an existing structure, such as load-bearing walls, columns, beams,
girders, trusses, or interior partitions.
(b)
Pulverizing and/or removing asphalt or concrete from off-street
parking and loading facilities and/or access drives to the extent
of exposing the base course, whether or not repaving of such area
occurs.
(c)
Full-depth reclamation and mix and mill in-place processes that
pulverize the parking facility surface and blend it on-site with the
existing aggregate base.
(d)
For the purposes of this section, “size” is defined
as the site coverage, physical dimension, volume, height, length,
width, or gross floor area.
(2)
A nonconforming structure may be altered provided that the nonconforming
structure does not encroach any further into the established nonconforming
yard setbacks or required yard setbacks.
(3)
A record shall be kept that lists the nonconforming structures,
their assessed value, and the cost of those alterations which have
been permitted. Such records shall be cumulative and track the cost
of the alterations for the lifetime of the structure.
G.
Additions.
(1)
An addition shall be defined as anything that increases the
size of a building or structure.
(2)
Additions made to nonconforming structures shall be permissible
in required setbacks subject to the following:
(3)
Additions shall meet all other provisions of this chapter, including,
but not limited to, maximum lot coverage, off-street parking and loading
facilities, and landscaping standards.
H.
Relocation.
(1)
Relocation shall be defined as any repositioning of a structure
on its site or moving any structure to another site.
(2)
No structure shall be moved in whole or in part to any other
location on the same or any other site unless the structure complies
with all of the provisions of this chapter.
(3)
If a structure is relocated to a new site, it shall also comply
with all other provisions of this chapter, including, but not limited
to, maximum lot coverage, off-street parking and loading facilities,
and landscaping standards.
I.
Ordinary maintenance and repairs.
(1)
The ordinary maintenance and repairs made to a nonconforming
structure is permitted.
(2)
Ordinary maintenance and repairs are defined as follows:
(a)
The repair or replacement of doors, windows, nonbearing walls,
fixtures, heating and air conditioning components, wiring, plumbing,
siding, roofing, or other nonstructural components.
(b)
Overlaying an off-street parking and/or loading lot, which shall
mean adding a layer of asphalt or concrete to an existing off-street
parking and/or loading lot.
(c)
Resurfacing the asphalt or concrete of the off-street parking,
loading facilities, and/or access drives without exposing the base
course and overlaying such area.
J.
Destruction and reconstruction. 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 J(1) or (2), 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.
(1)
The structure was damaged or destroyed by violent wind, vandalism,
fire, flood, ice, snow, mold, infestation, or other act identified
by Wis. Stats. § 62.23(7) on or after March 2, 2006.
(2)
The structure was damaged, destroyed, removed, or partially
removed by other means on or after the effective date of this chapter.
(3)
For special regulations pertaining to the reconstruction of nonconforming single-family or two family driveways, refer to § 300-6.03M(1)(a). For special regulations pertaining to the reconstruction of nonconforming multifamily or commercial parking lots, refer to § 300-6.6N(11).
A.
Definition. A nonconforming site is a site legally established prior
to the effective date of this chapter or subsequent applicable amendments
thereto which would not be permitted under the current terms of this
chapter because it does not meet the building and site design requirements
of this chapter. Such building and site design components may include
one or more of the following:
B.
Blanket conforming status.
(1)
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.
(2)
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 A(1) through (8), above, will not be allowed to occur without such additional site development being in full compliance with the provisions of this chapter.
(3)
This subsection is intended to prevent the creation of nonconforming
sites related to the building and site design requirements of this
chapter.
(4)
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.
C.
New development. All new buildings, structures, parking areas, and
parking stall counts, including reconstructions, shall comply with
all site design requirements of this chapter, including the components
of Subsection (1)(a) through (h), above, for the new or reconstructed
portion of the development.
D.
Conformance required where possible. On nonconforming lots where
the site configuration and undeveloped area are sufficient to comply
with site design requirements, any change that would make compliance
with the site design requirements of this chapter impossible shall
not be permitted, as determined by the Building/Zoning Inspector.
E.
On nonconforming lots where the site configuration and undeveloped
area are not sufficient to comply with all site design requirements,
but space is available to reduce the degree of one or more nonconformities,
the Building/Zoning Inspector, shall determine the manner and degree
to which each site nonconformities shall be brought into conformance,
specifically to improve public safety and/or reduce public nuisances.
F.
Creation of additional nonconformity prohibited. Enlargements, expansions,
or extensions that would result in creation of one or more nonconformities,
or increase the degree of existing nonconformities with the site development
standards of this chapter shall not be permitted.
