The lawful nonconforming use of land, or water; or a lawful
nonconforming structure; or a lawful nonconforming use on a conforming
or nonconforming lot which existed at the time of the adoption or
amendment of this article may be continued although the use does not
conform with the provisions of this article; however,
(a) Only that portion of the land or water in actual use may be so continued
and the use may not be extended, enlarged, substituted or moved; and
the 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 article.
(b) Discontinuance. If such nonconforming use is discontinued or terminated
for a period of 12 consecutive months, any future use of the structure,
land, or water shall conform to the provisions of this article or
current state statute.
(c) Abolishment or destruction. When a nonconforming structure based
on use is substantially damaged by fire, explosion, flood, or other
calamity to the extent of more than 50% of its current equalized assessed
value, it shall not be restored except so as to comply with the use
provisions of this article or current state statute.
(d) Substitution. A nonconforming use of land shall not be changed to
another use except a use permitted in the district in which it is
located.
(e) The owners of property claiming to have a legal nonconforming use
or a lawful conditional use, have the burden to prove that such use
is in fact a nonconforming use or lawful conditional use in accordance
with this article.
The use of a structure existing at the time of the adoption
or amendment of this article may be continued although the lot area
or lot width does not conform to the requirements of this article.
(a) Additions and enlargements to the structures are permitted and shall
conform with the established building setback, height, parking, loading,
and access provisions of this article or current state statute.
(b) Existing structures on nonconforming lots which are damaged or destroyed
by fire, explosion, flood, or other calamity, may be reconstructed,
and shall conform with the established building setback, height, parking,
loading, and access provisions of this article or current state statute.
The use of a structure existing at the time of the adoption
or amendment of this article may be continued although the structure's
size or location does not conform with the established building setback,
height, parking, loading, and/or access provisions of this article.
(a) Additions and enlargements to existing nonconforming structures are
permitted and shall conform with the established building setback
lines along streets and the yard, height, parking, loading, and access
provisions of this article or current state statute.
(b) Existing nonconforming structures which are damaged by fire, explosion,
flood, or other calamity to the extent that such damage is less than
50% of the current equalized assessed value of the structure may be
reconstructed and insofar as is practicable shall conform with the
established building setback lines along streets and the yard, height,
parking, loading, and access provisions of this article. Existing
nonconforming structures which are substantially damaged or destroyed
by fire, explosion, flood, or other calamity to the extent of 50%
or more of the current equalized assessed value of the structure may
be reconstructed and shall conform with the established building setbacks,
height, parking, loading, and access provisions of this article or
current state statute.
(c) Existing nonconforming structures may be moved within the same lot
or onto a different lot and, shall conform with the established building
setback, height, parking, loading, and access provisions of this article.
A lot which does not contain sufficient width or area to conform
to the dimensional requirements of the provisions of this article
is a nonconforming lot. A nonconforming lot cannot be altered to decrease
its width or area below or further below the dimensional standards
applicable to that lot. A nonconforming lot may be used as a building
site provided:
(a) The use is permitted in the zoning district in which the lot is located,
and the proposed building meets all other requirements of the Municipal
Code; and
(b) The lot is of record in the Register of Deeds office prior to the
effective date of this article or any amendment to this article which
affects the area or width of the lot; and
(c) The lot abuts a dedicated street improved for and opened to the public
for travel; and
(d) The lot is:
(1)
At least 50 feet wide and 6,000 square feet in area, or
(2)
Less than 50 feet wide or less than 6,000 square feet in area
and the lot is owned in separate ownership from the lands abutting
the lot, or
(3)
Less than 50 feet wide or less than 6,000 square feet in area
and abutting lands are in the same ownership, in which event the lot
and the abutting lands must be combined prior to the issuance of a
building permit. The combining of lands must result in a lot which
is as close to the dimensional requirements of 50 feet wide and 6,000
square feet in area as is practicable in the judgment of the Common
Council.
Notwithstanding § 62.23(7)(h) of the Wisconsin Statutes,
the repair, reconstruction, renovation, remodel, or expansion of a
legal nonconforming structure, or any environmental control facility
related to a legal nonconforming structure, located in the C-1 Wetland
Conservancy District and in existence at the time of adoption or subsequent
amendment of this article, or of an environmental control facility
in existence on May 7,1982, related to that structure is permitted
pursuant to § 62.231(5) of the Wisconsin Statutes. Section
62.23(7)(h), Wis. Stats., however, applies to any environmental control
facility that was not in existence on May 7,1982, but was in existence
on the effective date of this article or amendment.
The owners of property who want to alter their use that they
claim is either a legal nonconforming use or a lawful conditional
use should apply for the alteration of said use, or the building in
which it is located, with the Community Development Director or their
designee. The Community Development Director or their designee, after
a review of City records, may require documentation of the applicant
in support their claim. Based upon a review of the submitted documentation,
the Community Development Director or their designee may approve or
deny the applicant's claim. If denied, the applicant may seek an interpretation
of the matter from the Board of Housing and Zoning Appeals.