Town of Cedarburg, WI Article VI Nonconforming Uses, Structures and Land

[Amended 9-6-2000 by Ord. No. 2000-18]

§ 320-63 Existing nonconforming uses and structures.

[Amended 10-4-2006 by Ord. No. 2006-11; 3-5-2014 by Ord. No. 2014-1; 8-2-2017 by Ord. No. 2017-4]

A. Definitions. As used in this section, the following terms shall have the meaning indicated:

ASSESSED VALUE

The assessed value as determined by the Town Assessor and listed on the most recent property tax bill.

DEVELOPMENT REGULATIONS

The part of the Zoning Ordinance that applies to elements including setback, height, lot coverage, and side yard.

NONCONFORMING STRUCTURE

A dwelling or other building that existed lawfully before the current Zoning Ordinance was enacted or amended but that does not conform with one or more of the development regulations in the current Zoning Ordinance.

NONCONFORMING USE

A use of land, a dwelling, or a building that existed lawfully before the current Zoning Ordinance was enacted or amended but that does not conform with the use restrictions in the current ordinance.

STRUCTURAL ALTERATION

Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE

Any constructed, erected or placed material or combination of matter in or upon the ground, including buildings (to include decks, porches and three-season rooms), towers, sheds, signs, poles, decorations and carports but not including driveways or at-grade patios.

B. Nonconforming uses. The nonconforming use of a nonconforming structure, building, premises, or fixture existing at the time of the adoption or any amendment of this chapter may be continued although it does not conform to the provisions of this chapter or any amendments thereto, but the alteration of, or addition to, or repair shall not exceed 50% of its assessed value of any nonshoreland existing building, premises, structure, or fixture for the purpose of carrying on a nonconforming use. The continuance of the nonconforming use of a temporary structure is prohibited.

C. Nonconforming structures. Repairs and maintenance of certain nonconforming structures: There is no limit based on cost for the repair, maintenance, renovation, or remodeling of a nonconforming structure.

D. Restoration of certain nonconforming structures. Nonconforming structures that are damaged or destroyed may be restored if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred, with no limit on the costs of the repair, reconstruction, or improvement if all of the following apply:

(1) The use of the building or structure which is nonconforming was not discontinued for a period of 12 months or more; and

(2) The damage or destruction was caused by a natural event, including but not limited to violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

§ 320-64 Nonconforming as to land or use by government action.

A. Action of a governmental body. Except for zoning or rezoning, when the action of a governmental body or agency renders a parcel of land or lot nonconforming, the use and structures shall, for all purposes, be considered conforming.

B. Zoning district changed. When a zoning district is changed, any existing conforming use in such changed district may be continued or changed to a use permitted in the same zoning district.

§ 320-65 Additions and enlargements.

A. Additions and enlargements to existing nonconforming structures in the residential zoning districts are permitted when it is determined that the enlargement or addition does not increase the nonconformity of the structure, that is, it does not decrease existing setbacks of the established structure. Additions to existing nonconforming structures must comply with the required setbacks of the zoning district, with the following exceptions:

(1) An addition to the side of a structure does not come any closer to the right-of-way than the closest part of the current nonconforming structure already does.

(2) An addition to the nonconforming side of a structure does not come any closer to the property line than the closest part of the current nonconforming structure.

(3) Any additional stories to a structure are located over existing indoor living space and do not exceed the maximum height requirement for the zoning district in which the structure is located.

(4) The addition and/or enlargement is required to address any federal, state or local codes.

B. Town Board approval is required for all additions and/or enlargements to nonconforming structures. Documentation shall be provided to the Town Board by the property owner substantiating the cost of the building addition and/or enlargement. A fee to cover the cost to the Town of Cedarburg and/or consultants for reviewing the plans and specifications shall be paid as set in the Town Fee Schedule.[1] All appropriate building permits shall be obtained from the Building Inspector prior to commencement of the addition and/or enlargement.

[Amended 3-5-2014 by Ord. No. 2014-1]

[1] Editor's Note: The Fee Schedule is on file in the Town offices.

§ 320-66 Discontinued use.

If a nonconforming use is discontinued or terminated for a period of 12 months, any further use of the structure, land or water shall conform to the provisions of this chapter.

§ 320-67 Floodland nonconforming uses.

Floodland nonconforming uses, repaired or altered under the nonconforming use provisions of this chapter, shall provide for floodproofing to those portions of the structure involved in such repair or alteration. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, or other factors associated with the one-hundred-year recurrence interval flood.

§ 320-68 Wetland nonconforming uses.

[Amended 10-4-2006 by Ord. No. 2006-11]

The repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure in the C-1 Conservancy District shall be subject to the obtaining of a permit issued by the Town Board and all other regulatory agencies.

§ 320-69 Substandard lots.

In any residential district, a single-family dwelling and its accessory structures may be erected on any existing legal lot recorded as such in the Register of Deeds of Ozaukee County before the effective date of the Zoning Code of the Town.