Allouez Village City Zoning Code
ARTICLE XIII
Nonconformities
§ 475-1301 Scope; purpose; continuation; determination of status; repairs and maintenance; change of tenancy.
A.
Scope. The regulations of this article govern nonconformities, which are lots, uses and structures that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more provisions of this chapter.
B.
Purpose. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through Zoning Map changes or amendments to the text of the Zoning Ordinance). The regulations of this article are intended to clarify the effect of this nonconforming status and avoid confusion with illegal buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this article are also intended to:
(1)
Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;
(2)
Promote maintenance, reuse and rehabilitation of existing buildings; and
(3)
Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.
C.
Authority to continue. Any nonconformity that existed on the effective date specified in § 475-103 or any situation that becomes nonconforming upon adoption of any amendment to this chapter may be continued in accordance with the regulations of this article unless otherwise expressly stated.
D.
Determination of nonconformity status. The burden of proving a nonconformity was lawfully established and that the situation has not lost its nonconforming status rests entirely with the subject landowner.
(1)
The Planning and Zoning Administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.
(2)
Building permits, lawfully recorded plats, lawfully recorded instruments of conveyance, aerial photography owned by a governmental agency and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the Planning and Zoning Administrator is authorized to consider whether other forms of evidence provided by the subject owner are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:
(a)
Utility billing records;
(b)
Rent records;
(c)
Advertisements in dated publications;
(d)
Listings in telephone or business directories; and
(e)
Notarized affidavits affirming the date of lawful establishment of the use or structure.
(3)
Appeals of the Planning and Zoning Administrator's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of § 475-1110.
E.
Repairs and maintenance. Nonconformities must be maintained to be safe and in good repair.
(1)
Repairs and routine property maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this chapter.
(2)
Nothing in this article is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized Village official.
F.
Change of tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.
§ 475-1302 Nonconforming lots.
A.
Description. A nonconforming lot is a lawfully created lot recorded in the office of the Brown County Register of Deeds that does not comply with applicable minimum lot area or minimum lot width regulations of this chapter.
B.
Use of nonconforming lots.
(1)
A single dwelling unit and allowed accessory structures may be constructed on a nonconforming lot in any zoning district that permits detached houses by right, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).
(2)
Nonconforming lots in districts that do not permit detached houses by right may be used in accordance with the use regulations that apply in the subject zoning district, and buildings may be erected, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).
§ 475-1303 Nonconforming structures.
A.
Description. A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with the lot and building regulations of the zoning district in which it is located.
B.
General. Nonconforming structures may remain, subject to the regulations of this section.
C.
Alterations and expansions. Alterations, including enlargements and expansions, are prohibited unless the proposed alteration or expansion complies with all applicable lot and building regulations and does not increase the extent of the existing nonconformity. A building with a nonconforming front setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback regulations and all other applicable lot and building regulations. On the other hand, building additions on the front may not increase or extend the front setback nonconformity.
D.
Use. A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.
E.
Replacement. If a nonconforming structure is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity, the nonconforming structure may be reestablished to the extent it existed before the damage or destruction, provided that no new or greater nonconformities are created and a permit application to allow the reestablishment is filed within one year of the date of damage or destruction.
§ 475-1304 Nonconforming uses.
A.
Description. A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed to be nonconforming uses.
B.
Change of use. A nonconforming use may only be changed to another use if the new (changed) use is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be reestablished.
C.
Expansion of use. A nonconforming use may not be expanded unless such expansion would eliminate or reduce the extent of nonconformity, except that a nonconforming use of a building may be extended into those interior parts of the building that were manifestly designed for such use before the date that the use became nonconforming.
D.
Remodeling and improvements. A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this chapter.
E.
Moving.
(1)
A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.
(2)
A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.
F.
Loss of nonconforming status.
(1)
Abandonment.
(a)
Once a nonconforming use is abandoned, its nonconforming status is lost, and any new, replacement use must comply with the regulations of the zoning district in which it is located.
(b)
A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of six months or more.
(c)
The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Planning and Zoning Administrator, that during such period the owner of the land or structure has been:
[1]
Maintaining the land and structure in accordance with all applicable Municipal Code requirements and did not intend to discontinue the use;
[2]
Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or
[3]
Engaged in other activities that affirmatively prove there was not intent to abandon.
(d)
Any period of discontinued use caused by government action, acts of God, unintended fire or other causes beyond the control of the subject property owner are not counted in calculating the length of discontinuance.
(2)
Reestablishment.
(a)
Intentional destruction. When a building containing a nonconforming use is intentionally destroyed, razed or dismantled by a deliberate act of the owner or the owner's agent, reestablishment of the nonconforming use is prohibited.
(b)
Accidental destruction. If a building containing a nonconforming use is damaged or destroyed by an act of God or other circumstances beyond the control of the property owner, the building (whether conforming or nonconforming) and the nonconforming use may be reestablished, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged building and nonconforming use must be obtained within one year of the date of occurrence of such damage or destruction.
§ 475-1305 Nonconforming signs.
A.
Description. A nonconforming sign is a sign that was lawfully established but that no longer complies with applicable Zoning Ordinance regulations because of the adoption or amendment of regulations after the sign was established.
B.
Use. Nonconforming signs may continue subject to the regulation of this section.
C.
Movement. A nonconforming sign may be moved in whole or in part to another location only if the movement or relocation eliminates the nonconformity.
D.
Alteration, enlargement or expansion. Nonconforming signs may not be enlarged or altered in a way which increases their nonconformity.
E.
Damage or destruction.
(1)
If a nonconforming sign is damaged, destroyed or modified by any means, including repair, alteration, replacement or upgrade, to the extent of 50% or more of its replacement cost at the time of damage, destruction or modification, the nonconforming sign must be removed.
(2)
If a nonconforming sign is damaged, destroyed or modified by any means, including repair, alteration, replacement or upgrade, to an extent of less than 50% of its replacement cost at the time of damage, destruction or modification, the nonconforming sign may remain to the extent it existed before the damage, provided that a permit application to reestablish the sign is filed within six months of the date of damage, destruction or modification.
(3)
The value of all structural alterations made over the previous five years shall be used in calculating whether the threshold of 50% used in this subsection has been met.
F.
Loss of nonconforming status.
(1)
If the use of property containing a nonconforming sign is discontinued for a period of more than six months, or if a new or amended site plan is required by a change in the use or building expansion on the property, all nonconforming signs on the subject property are deemed to have been abandoned and lose their nonconforming status.
(2)
If a nonconforming sign is not used to display a commercial or noncommercial message for a period of six months or more, the sign is deemed abandoned and loses its nonconforming status.
(3)
Any sign that loses its nonconforming status must be removed no later than 30 days after its change of status.
(4)
When removal of a sign is required, the entire sign structure, including the base and supports (for freestanding signs), must be removed.
§ 475-1306 Nonconforming development features.
A.
Description. A nonconforming development feature is any aspect of a development, other than a nonconforming lot, nonconforming structure or nonconforming use, that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more regulations of this chapter. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.
B.
General. Nonconforming development features may remain except as otherwise expressly stated in this chapter, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this chapter.